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M.V. Ord. 85-23 <br />15 <br />performed by its regular bargaining unit employees who are <br />covered under a collective bargaining agreement which was in <br />existence prior to the date of the commitment instrument <br />undertaking to issue the Project Bonds, then, in that event, the <br />rate of pay provided under the collective bargaining agreement <br />may be paid to those employees. The Mayor is hereby authorized <br />to designate a Prevailing Wage Coordinator for the Project, <br />pursuant to Section 4115.032, Ohio Revised Code. Prior to the <br />issuance of the Project Bonds, the Company shall be required to <br />provide the Issuer with evidence, satisfactory to the Issuer, <br />that the Company has complied with the foregoing agreements. <br />Section 9. Appointment of Remarketing Agent. The <br />Issuer hereby appoints AmeriTrust Company National Association, <br />Cleveland, Ohio to act as Remarketing Agent for the Project <br />Bonds and to perform the functions set forth in Section 6.17 of <br />the Indenture. <br />Section 10. Federal Tax Election. This Legislative <br />Authority elects to have the limitation on capital expenditures <br />specified in Section 103(b)(6)(D) of the Code applied to the <br />Project Bonds. The execution and filing by the Mayor or the <br />Fiscal Officer with the Internal Revenue Service of a statement <br />regarding that election, as provided in the Code, is authorized, <br />directed and approved. <br />Section ll. Bond Counsel. Messrs. Jones, Day, Reavis <br />& Pogue, 1700 Huntington Building, Cleveland, Ohio, are hereby <br />approved and appointed as bond counsel with respect to the <br />issuance of the Project Bonds to finance the Project, and all