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Section 2. That said bonds shall be dated approximately <br />May 1, 1990, shall bear interest at the estimated rate of ten per centum <br />(10%) per annum, payable semi-annually, until the principal sum is paid, <br />and shall mature in five (5) substantially equal annual installments <br />after their issuance. <br /> <br /> Section 3. That it is hereby determined that notes (herein- <br />after called the "Notes") in the principal amount of $312,500 shall be <br />issued in anticipation of the issuance of said bonds for the above- <br />described purpose. The Notes shall bear interest at a rate or rates not <br />exceeding the maximum interest rate of fifteen per centum (15%) per <br />annum, as may be fixed by the Director of Finance in his certificate <br />awarding the Notes at private sale, such interest to be payable at <br />maturity, with provision, if requested by the purchaser, that, in the <br />event of default, the same shall bear interest at a rate or rates not <br />exceeding the maximum interest rate of fifteen per centum (15%) per <br />annum until the principal sum is paid; shall be dated May 12, 1989 and <br />shall mature on May 1I, 1990; shall not be subject to redemPtion by the <br />City at any time prior to maturity; shall be designated "1986 Street <br />Improvement Bond Anticipation Notes - 1989 ReneWal"; shall be issued in <br />such numbers and denominations as may be requested by the original <br />purchaser; and shall be payable as to bot]~ principal and interest at the <br />office of the Director of Finance of the City, or at banks or trust <br />companies, as determined by the Director of Finance, without deduction <br />for exchange~ collection or service charge. <br /> <br /> Section 4. That the Notes shall be executed by the Mayor and <br />Director of Finance, provided that one of such signatures may be a <br />facsimile signature, and bear the seal of the corporation or a facsimile <br />thereof. The Notes shall express upon their faces the purpose for which <br />they are issued and that they are issued pursuant to this ordinance. <br /> <br /> Section 5. Subject to the rejection of the Notes by the <br />Director of Finance for investment in the Bond Retirement Fund, the' <br />Notes shall be sold at the par value thereof by the Director of Finance <br />at private sale at an interest rate not exceeding that specified in <br />Section 3 of this ordinance pursuant to and in accordance with the <br />terms and conditions set forth in the fo~m of Invitation for Proposals <br />attached hereto as Exhibit 1, and after distribution of said Invitation <br />for Proposals to prospective purchasers of the Notes; the Director of <br />Finance is hereby authorized and directed to deliver the Notes, when <br />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 the Notes are being <br />issued under the provisions of this ordinance and to pay those costs of <br />issuance set forth in Section 133.361, Ohio Revised Code. Any premium <br />and accrued interest shall be transferred to the Bond Retirement Fund to <br />be applied to the payment of the principal of an interest on the Notes <br />in the manner provided by law. <br /> <br /> The City covenants that it will restrict the use of the pro- <br />ceeds of the 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 the Notes, so that the Notes will not <br />constitute arbitrage bonds under Section 148(a) of the Internal Revenue <br />Code of 1986 (the "Code") and the applicable regulations prescribed <br />under that Section. The Director of Finance or any other officer having <br />responsibility for issuing the Notes~ shall, alone or with any other <br />officer or employee of or consultant to the City, give an appropriate <br />certificate of the City for inclusion in the transaction or proceedings <br /> <br />-2- <br /> <br /> <br />