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-2- <br /> <br />maturity and until the principal sum is paid; shall be in the denominations <br />and numbered as the original purchaser or purchasers thereof request, shall <br />be dated December 26, 1980 and shall mature December 24, 1981, with an <br />option in the City to redeem such notes prior to maturity if satisfactory <br />to the original purchaser or purchasers of such notes. The rate or rates <br />of interest to be borne by the notes until maturity and after maturity shall <br />be fixed by the certificate of the Director of Finance of the City awarding <br />the sale of the notes amd specifying such ra~e or rates and the primcipal <br />amount of the notes applicable to each rate. <br /> <br /> Section 5. That such notes shall be executed by the Mayor and <br />Director of Finance and bear the seal of the corporation. They shall be <br />payable at the office of the Director of Finance, City Hall, Lakewood, Ohio, <br />or at the principal office of a bank in Cuyahoga County, Ohio designated <br />by the purchaser thereof, and Shall express upon their faces the purpose <br />for which they are issued and that they are issued pursuant to this ordinance. <br /> <br /> Section 6. Subject to the rejection of said notes by the Director <br />of Finance for investment in the Bond Retirement Fund, said notes shall be <br />sold at the par value thereof by the Director of Finance at an interest <br />rate or rates not exceeding that specified in .Section 4 of this ordinance <br />and in accordance with the best interests and welfare of the City; and the <br />Director of Finance is hereby authorized and directed to deliver said notes, <br />when executed, to the original purchaser or purchasers thereof upon payment <br />of the purchase price. The proceeds of such sale shall be paid into the <br />proper fund and used for the purpose for which said notes are being issued <br />under the provisions of this ordinance. <br /> <br /> The City hereby covenants that it will restrict the use of the <br />proceeds of said notes 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 of and payment for said notes, so that said notes will mot <br />constitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />and the applicable income tax regulations under that Section. The fiscal <br />officer or any other officer, including the Clerk of Council, having <br />responsibility for issuing said notes is authorized and directed, alone or <br />in conjunction with any of the foregoing or with any other officer, employee, <br />6r consultant of the City, to give an appropriate certificate of the City, <br />for inclusion in the transcript of proceedings, setting forth the reasonable <br />expectations of the City regarding the amount and use of all such proceeds <br />and the facts and estimates on which they are based, all as of the date of <br />delivery and payment for said motes. <br /> <br /> Section 7. Said notes shall be the full general obligations of <br />the City of Lakewood and the full faith, credit and revenue of said City <br />are hereby pledged for the prompt payment of the same. The par value to be <br />received from the sale of the bonds anticipated by said notes and any ex- <br />cess funds resulting from the issuance of said notes shall, to the extent <br />necessary, be used only for the retirement of said notes at maturity, to- <br />gather with the interest thereon, and is hereby pledged for such purpose. <br /> <br /> Section 8. During the years while such notes run, there shall be <br />levied on all the taxable property in the City of Lakewood, in addition to <br />all other taxes, a direct tax annually not less than that which would have <br />been levied if bonds had been issued without the prior issue of such notes. <br />Said tax shall be and is hereby ordered computed, certified, levied and <br />extended upon the tax duplicate and collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes of each of <br />said years are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof. <br />%he funds derived from said tax levies hereby required shall be placed in a <br />separate and distinct fund which, together with the interest collected on <br />the same shall be irrevocably pledged for the payment of the principal and <br />interest of said notes or the bonds in anticipation of which they are <br />issued, when and as the same falls due. <br /> <br /> <br />