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~~ CITY OF TH OLMSTED <br />ORDINANC0. 80-31 <br />PAGE 2 <br />Section 4. For the purpose of providing the necessary funds to pay <br />the interest on the foregoing issue of bonds promptly when and as the same <br />falls due, and also to provide a fund sufficient to discharge the said serial <br />bonds at maturity, there shall be and is hereby levied on all the taxable <br />property in said City of North Olmsted, in addition to all other taxes, a direct <br />tax annually during the period said bonds are to run in an amount sufficient <br />to provide funds to pay the interest upon said bonds as and when the same <br />fall due, and also to provide a fund for the discharge of the principal of <br />said serial bonds at maturity, which tax shall not be less than the interest <br />and sinking fund tax required by Section 11 of Article XII of the Constitution <br />of Ohio. <br />Section 5. Said tax shall be and is hereby ordered computed, cer- <br />tified, levied and extended unpon the tax duplicate and collected by the same <br />officers, in the same manner and at the same time that taxes for general pur- <br />poses for each of said years are certified, extended and collected. Said <br />tax shall be placed before and in preference to all other items and for the <br />full amount thereof. The funds derived from said tax levy hereby required <br />shall be placed in a separate and distinct fund, which, together with the <br />interest collected on the same shall be irrevocably pledged for the payment <br />of principal and interest on said bonds when and as the same fall due. <br />Section 6. Said bonds shall be first offered at par and accrued <br />interest to the officer in charge of the Bond Retirement Fund in his official <br />capacity, and if said officer refuses to take any or all of said bonds, then <br />said bonds not so taken shall be advertised for sale and sold in the manner <br />provided by law. The proceeds from the sale of said bonds, except the <br />premium and accrued interest thereon, shall be used for the purpose afore- <br />said and for no other purpose and be allocated to the improvement herein <br />described. The premium and accrued interest received from such sale shall <br />be transferred to the Bond Retirement Fund to be applied to the payment of <br />the principal and interest of said bonds, and in the manner provided by law. <br />The City hereby covenants that it will restrict the use of the <br />proceeds of the bonds in such manner and to such extent, if any, as may be <br />necessary, after taking into account reasonable expectations at the time <br />of the delivery and payment of such bonds, so that the bonds will not con- <br />stitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />and the regulations prescribed under that section. The Director of Finance <br />is authorized and directed to give an appropriate certificate on behalf <br />of the City, for inclusion in the transcript of proceedings, setting forth <br />the facts, estimates and circumstances and reasonable expectations regarding <br />the amount and use of the proceeds of the bonds pursuant to said Section 103 (c) <br />and regulations thereunder. <br />Section 7. The Clerk of Council is hereby authorized and directed <br />to certify a copy of this ordinance to the Auditor of Cuyahoga County, Ohio, <br />according to law. <br />Section 8. It is found and determined that all formal actions of <br />this Council concerning and relating to the passage of this ordinance were <br />adopted in an open meeting of this Council, and that all deliberations of <br />this Council and of any of its committees that resulted in such formal <br />action, were in meetings open to the public, in compliance with all legal <br />requirements including Section 121.22 of the Ohio Revised Code. <br />