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92-046 Ordinance
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92-046 Ordinance
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1/20/2014 12:16:36 PM
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North Olmsted Legislation
Legislation Number
92-046
Year
1992
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The Issuer (i) will take, or require to be taken, all actions that may be required <br />of it for the interest on the Series 1992 Bonds to be and remain excluded from gross income for <br />federal income tax purposes, and (ii) will not take or authorize to be taken any actions that would <br />adversely affect that exclusion under the provisions of the Code. The Execudve, Fiscal Officer <br />and other appropriate officers aze hereby authorized and directed to take any and all actions and <br />make or give reports and certificadons, as may be appropriate to assure such exclusion of that <br />interest. <br />(b) Transcdm of Pr inQS. The Clerk, or other appropriate officer of the <br />Issuer, shall furnish to the Original Purchaser a true transcript of proceedings, certified by the <br />Clerk or other officer, of (i) all proceedings had with reference to the issuance of the Series 1992 <br />Bonds and (ii) any other information from the records of the Issuer which may be necessary or <br />appropriate to determine the regularity and validity of the issuance of the Series 1992 Bonds. <br />(c) Prevailing Wages. All wages paid to laborers and mechanics employed on <br />the Project shall be paid at the prevailing rates of wages of laborers and mechanics for the class <br />of work called for by the Project, which wages shall be determined in accordance with the <br />requirements of Chapter 4115 of the Ohio Revised Code for determination of prevailing wage <br />rates, provided that the requirements of this section 10(c) do not apply where the federal <br />government or any of its agencies furnished by loan or grant all or any part of the funds in <br />connection with the Project and prescribes predetermined minimum wages to be paid to such <br />laborers and mechanics; and provided further that should a nonpublic user beneficiary of the <br />Project undertake, as part of the Project, construction to be performed by its regular bargaining <br />unit employees who are covered under a collective bargaining agreement which was in existence <br />prior to the date of the commitment instrument undertaking to issue the prior issue then in that <br />event the rate of pay provided under the collecdve bargaining agreement may be paid to such <br />employees. The Legisladve Authority hereby aclrnowledges that the Project is completsd and <br />its acquisition, construction and equipping was made subject to the forgoing requirements <br />pursuant to Ordinance Number 83-152. <br />Section 11. Indenture the Purchace Agreement and the Agreement. To provide <br />for the issuance and sale of the Series 1992 Bonds and the consummation of the transactions <br />contemplated therein, the Executive and the Fiscal Officer are authorized and directed, for and <br />in the name and on behalf of the Issuer, either alone or in combination with each other, to <br />execute, acknowledge and deliver, the Indenture, the Purchase Agreement, and the Agreement <br />in substandally the forms submitted to this Legislative Authority. Those instruments are <br />approved with changes therein not inconsistent with this Bond Legislation and not substandally <br />adverse to the Issuer and which are permitted by the Act and shall be approved by the officer <br />or officers executing the Indenture, the Purchase Agreement and the Agreement; provided, that <br />the approval of those changes by such officer or officers, and their character as not being <br />substantially adverse to the Issuer, shall be evidenced conclusively by the execudon of those <br />instruments by such officer. <br />Section 12. Qther pocuments. The Executive, the Fiscal Officer or the Clerk, <br />as appropriate, is authorized and directed to execute any certifications, financing statements, <br />-8-
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