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-8- <br />payments of special amounts in lieu of making computations to determine, or paying, excess <br />earnings as rebate, or obviating those amounts or payments, as determined by that officer, which <br />action shall be in writing and signed by the officer, (b) to take any and all other actions, make <br />or obtain calculations, make payments, and make or give reports, covenants and certifications <br />of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross <br />income and the intended tax status of the Notes, and (c) to give one or more appropriate <br />certificates of the City, for inclusion in the transcript of proceedings for the Notes, setting forth <br />the reasonable expectations of the City regarding the amount and use of all the proceeds of the <br />Notes, the facts, circumstances and estimates on which they are based, and other facts and <br />circumstances relevant to the tax treatment of the interest on and the tax status of the Notes. <br />Each covenant made in this Section with respect to the Notes is also made with <br />respect to all issues any portion of the debt charges on which is paid from the proceeds of the <br />Notes (and, if different, the original issue and any refunding issues in a series of refundings), <br />to the extent such compliance is necessary to assure exclusion of interest on the Notes from <br />gross income for federal income tax purposes, and the officers identified above are authorized <br />to take actions with respect to those issues as they are authorized in this Section to take with <br />respect to the Notes. <br />Section 12. The Clerk of Council is directed to deliver a certified copy of this <br />ordinance to the County Auditor. <br />Section 13. This Council determines that all acts and conditions necessary to be <br />done or performed by the City or to have been met precedent to and in the issuing of the Notes <br />in order to make them legal, valid and binding general obligations of the City of North Olmsted <br />have been performed and have been met, or will at the time of delivery of the Notes have been <br />performed and have been met, in regular and due form as required by law; that the full faith and <br />credit and general property taxing power (as described in Section 10) of the City are pledged for <br />the timely payment of the debt charges on the Notes; and that no statutory or constitutional <br />limitation of indebtedness or taxation will have been exceeded in the issuance of the Notes. <br />Section 14. This Council finds and determines that all formal actions of this Council <br />and of any of its committees concerning and relating to the passage of this ordinance were taken <br />in an open meeting of this Council or those committees and that all deliberations of this Council <br />and of any committees that resulted in those formal actions were in meetings open to the public <br />in compliance with the law. <br />D03:[00523.DOCS.NOR05225]NOTE_ORD_STREETSII $3 830.