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the burden or expense of such compliance, reducing any rebate amount or any payment of penalties, or <br />making any payments of special amounts in lieu of making computations to determine, or paying, any <br />excess earnings as rebate, or obviating those amounts or payments, as determined by the Director of <br />Finance, which action shall be in writing and signed by the Director of Finance, or any other officer of the <br />City, including the Mayor, on behalf of the City; (b) to take any and all actions, make or obtain calculations, <br />and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to <br />assure the exclusion of interest from gross income and the intended tax status of the Notes; and (c) to give <br />an appropriate certificate on behalf of the City, for inclusion in the transcript of proceedings, setting forth <br />the facts, estimates and circumstances, and reasonable expectations of the City pertaining to Section 148 and <br />the Regulations, and the representations, warranties and covenants of the City regarding compliance ' by the <br />City with sections 141 through 150 of the Code and the Regulations. <br />The Director of Finance shall keep and maintain adequate records pertaining to investment of all <br />proceeds of the Notes sufficient to permit, to the maximum extent possible and presently foreseeable, the <br />City to comply with any federal law or regulation now or hereafter having applicability to the Notes which <br />limits the amount of Note proceeds which may be invested on an unrestricted yield or requires the City to <br />rebate arbitrage profits to the United States Department of the Treasury. The Director of Finance is hereby <br />authorized and directed to file such reports with, and rebate arbitrage profits to, the United States <br />Department of the Treasury, to the extent that any federal law or regulation having applicability to the Notes <br />requires any such reports or rebates. <br />Section 13. Appointment of Bond Counsel. The Director of Finance, on behalf of this <br />Council; "is hereby authorized to appoint the law firm of Bricker & Eckler LLP to serve as bond counsel <br />for the Notes. The fees to be paid to such firm shall be subject to review and approval of the Director of <br />Finance, shall not exceed the fees customarily charged for such services, and shall be paid upon closing of <br />the financing from proceeds of the Notes. <br />Section 14. Obtaining of Rating for the Notes. The obtaining or updating of a rating or <br />ratings on the Notes and the City is hereby authorized if the Director of Finance determines that it is <br />necessary or advisable in connection with the original issuance of the Notes. If the Director of Finance so <br />determines, then the Director of Finance and this Council are hereby authorized and directed to take all <br />steps necessary to obtain such rating or ratings. <br />Section 15. Transcript of Proceedings; Execution of Additional Documents. The officer <br />having charge of the minutes of the Council and any other officers of the Council, or any of them <br />individually, are hereby authorized and directed to prepare and certify a true transcript of proceedings <br />pertaining to the Notes and to furnish a copy of such transcript to the Original Purchaser. Such transcript <br />shall include certified copies of all proceedings and records of the Council relating to the power and <br />authority of the City to issue the Notes and certificates as to matters within their knowledge or as shown by <br />the books and records under their custody and control, including but not limited to a general certificate of <br />the Clerk of Council and a no -litigation certificate of the Mayor and the Director of Finance, and such <br />certified copies and certificates shall be deemed representations of the City as to the facts stated therein. <br />Except for the procedure for authenticating the Notes set forth in Section 8 herein, documents (including <br />this Ordinance) executed, scanned and transmitted electronically and electronic and digital signatures shall <br />be deemed original signatures for said transcript of the Notes, for the purposes of this Ordinance, and for all <br />matters related thereto, with any such scanned, electronic, and digital signatures having the same legal effect <br />as original signatures. <br />The Director of Finance is hereby authorized and directed to take such action and to execute and <br />deliver, on behalf of this Council, such additional instruments, agreements, certificates, and other documents <br />as may be in their discretion necessary or appropriate in order to carry out the intent of this Ordinance. Such <br />III <br />