Laserfiche WebLink
Section 8. Avelitsigion and Pledge of Bond or Renewed Note Proceeds or Excoss Funds. <br />The par value to be received from the sale of the Bonds or of any renewal notes and any excess <br />mods resulting from the issuance of the Notes shall, run the extent asemary, be used to pay the debt <br />charges on the Notes an maturity, and are pledged for that purpose. <br />Section 9. Provisions for Tax Lew. During the year or years in which the Notes are <br />outstanding, there shall be levied wall the taxable property m the City, in addition m all other <br />taxes the same tax that would have been levied if the Bonds had been issued without the prior <br />issuance of the Notes. The tar shall be within the 11.1-mill herdsmen provided by the Chatter of <br />the City, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and <br />collected by the smut officers, in the same manner, and at the same time that tares for general <br />purposes for each of thou years are certified, levied, extended and collected, and shall be placed <br />before and in pref ce to all other items and for the full meant thereof The proceeds of the tar <br />levy shall be placed in flue Bond Retirement Ford, which is irrevocably pledged for the payment of <br />the debt charges on the Notes or the Bonds when and as the same fall due. <br />In each year the amount of the tax shall be reduced by the amount of lawfully available <br />municipal income taxes appropriated and to be applied to the payment of the debt charges on the <br />Bonds in compliance wide the following covenant. To the extent necessary, the debt charges on the <br />Bonds shall be paid from municipal income taxes lawfully available transfer under the Constitution <br />and laws of the State of Ohlo and the Charter of the City; and the City hereby revertants, subject <br />and personal to soh authority, including particularly Sections 133.05(B)(7) and 5905.51(A)(5) and <br />(D) of the Revised Code, m appmpriaa annually from such municipal income taxes such amounts, <br />and m continue to levy and collect such municipal income lanes in such amounts, as are necessary <br />he meet such must debt charges. Nothing in this section in arty way diminishes the irrevocable <br />pledge of the full faith and credit and general property thing power of the City to the prompt <br />payment of the debt charges on the Bonds. <br />Section 10. Federal Tax Considerations. The City mventros that it will use, and <br />will restrict the are and investrarnt of, the proceeds of the Notes in such mama and to such extent <br />as may be necessary so than (a) the Noes will not (i) constitute private activity bonds or arbitrage <br />bonds under Sections 141 or 148 of the Intemal Revenue Code of 1986, as amended (the Code) or <br />(n) he treated other than as bonds the interest on which is excluded from gross income under <br />Section 103 of the Code, and (b) the interest on the Notes will not be an item of tax pref ace <br />under Section 57 of the Code. <br />The City further eovenams that (a) it will take or cause to be token such actions that <br />may be required of it fro the interest on the Notes m be and remain excluded from gross income for <br />federal income tax purposes, (b) it will not take or authorize to be taken my actions that would <br />adversely affect that exclusion, aid (c) it, or persons acting for i6 will, among tuber acts of <br />compliance, (i) apply the proceeds ofthe Notes to the governmental poses of the removing, ving, (it) <br />restrict the yield an invesanent property, (in) make timely and adequate payments to the federal <br />government, let maintain books and records and make calculations and repm& and is) morm <br />from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all <br />in such roamer and to the extent necessary, to assure such exclusion of that interest under the Code. <br />MIZ <br />