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Section 4. That such anticipatory notes <br />at the rate of three and sixty-fiw~_ huudredths per centum (3.65%) per annum <br />payable at maturity; shall be dated November 27, 1970; shall be in such <br />number and denomiuation as the purchaser may request; and shall mature <br />on November 26, 1971. <br /> <br /> Section 5. That such notes shall be executed by the Mayor and <br />Director of Finance and shall bear the seal of the corporation; shall be <br />payable at the office of the Director of Finance, City' Hall, Lakewood, Ohio <br />or, at the option of the holder, in Federal Reserve Funds of the United <br />States of America at the National City Bank of Cleveland, Cleveland, Ohio, or <br />at Chase Manhattan Bank, N.A., New York, New York; and shall express upon <br />their faces the purpose for which they are issued and that they are issued <br />pursuant to this ordinance. <br /> <br /> Section 6. Subject to the rejection of said notes by the <br /> Director of Finance for investment in the Bond Retirement Fund, said <br /> notes shall be and hereby are awarded and sold to _.Ball~ Bqrge & Kraus <br /> , at the par value thereof together <br /> with accrued interest thereon, and the~D~rector of Finance is hereby <br /> authorized and directed to deliver said notes, when executed, to the <br /> purchaser upon pa~nent of such purchase price. The.proceeds of such <br /> sale shall be paid into the proper fund and used for the purpose for <br /> which said notes are being issued under the provisions of this ordinance. <br /> <br /> Section ?~ Said notes shall be the full general obligations <br /> of the City of Lakewood and the full faith, credit and revenue of said <br /> City are hereby pledged for the prompt~ paym~ent of the ssm~e. The par <br /> value to be received from the sale of the bonds anticipated by said <br /> notes and any excess funds resulting ~from the issuance of Said notes <br /> shall, to the extent, necessary, be used only for the retirement of said <br /> notes at maturity, together with interest thereOn, and is hereby pledged <br /> for such purpose. <br /> <br /> Section 8. Duringthe years while such notes run, there shall <br />be levied on ~ll the t~xable property in the City of Lakewood, in addition <br />to all other taxes, a direct tax annually' not less than that which would <br />have been levied if bonds had been issued Without the prior issue of <br />such notes. Said tax shall be and is hereby ordered computed, certified, <br />levied and extended upon the tax duplicate and collected by the same <br />officers, in the same manner ~nd at the same time that taxes for general <br />purposes for ~ach of said years are certified, extended and collected. <br />Said tax shall be placed before an~ in preference to all other items <br />and for the full amount thereof. The funds derived from said tax levies <br />hereby required shall be placed in a separate and distinct fund which, <br />~together with the interest collected on the same, shall be irrevocably <br />pledged for the payment of the principal and interest of said notes <br />or the bonds in anticipation of which they are issued, when and as the <br />same falls due. · <br /> <br /> · · Section 9. Since the permanent improvements for which said <br />notes are to be issued are urgently needed, the appropris~te officers <br />of the City are hereby directed to proceed with all dispatch to secure <br />completion thereof as promptly as is feasible, and it is expected that <br />thesame will be completed as soon as possible and that ~ny proceeds <br />of this issue, to the extent not required-for retirement of the notes <br />.previously issued~ and any proceeds of such prior notes not yet expended, <br />will be invested or deposited only for'a temporary period pending need <br />for expenditure to pay costs of such improw~ments. The City covenants <br />that proceeds of said notes shall not be invested or used in such manner <br />that any of said notes would be "arbitrage bonds" for purposes of Section <br />103(d)(1) of the Internal Revenue Code of 195~. <br /> <br /> <br />