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<br />the best irrterest of the City, to combine the issue of Notes wrth one or more other note issues of the <br />City itrto a consolidated note issue pursuazrt to Section 133.30(B) of the Revised Code; provided <br />that, if the aggregate principal amount of the consolidated issue is $1,040,000 or more, no note of <br />that issue sha11 be issued in a denomination less than $100,000 or be exchangeable for other notes in <br />denominations less than $100,000. <br />Section 7. The proceeds from the sale of the Notes, except any premium and accrued <br />irrterest, sha11 be paid irrto the proper fund or funds and those proceeds are appropriated and sha11 be <br />used for the purpose for which the Notes are being issued. The expenditure of those proceeds for <br />the putpose set farth in Section 1, including, without limitation, for financing costs as defined in <br />Section 133.01 of the Revised Code, is hereby authorized and approved. Any portion of those <br />proceeds representing premium and accrued itrterest shall be paid 'urto the Bond Retirement Fund. <br />Section 8. The par value to be received from the sale of the Bonds ar of any renewal notes <br />and any excess funds resulting from the issuance of the Notes sha11, to the extent necessary, be used <br />to pay the delrt charges on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are outstanding, there sha11 be levied <br />on a11 the taxable property in the City, in addition to all other taxes, the same tax that would have <br />been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall be <br />within the 11.1-mill limitation provided by the Charter of the City, sha11 be and is ordered <br />computed, certified, levied and extended upon the taX duplicate and collected by the same officers, <br />in the same manner, and at the same time that taxes for general purposes for each of those years are <br />certified, levied, eartended and collected, and sha11 be placed before and in preference to all other <br />items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond <br />Retiremerrt Fund, which is irrevocably pledged for the paymem of the debt charges on the Notes or <br />the Bonds when and as the same fall due. <br />Section 10. The City covena.nts that it will use, and will restrict the use and investment of, <br />the proceeds of the Notes in such manner and to such exterrt as may be necessary so that (a) the <br />Notes will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds under Section <br />141, 148 or 149 of the Irnernal Revenue Code of 1986, as amended (the Code), or (ii) be treated <br />other than as bonds to which Section 103(a) of the Code applies, and (b) the interest on the Notes <br />will not be an item of tax preference under Section 57 of the Code. <br />The City further covenants tha.t (a) it will take or cause to be taken such actions that may be <br />required of it for the interest on the Notes to be and remain excluded from gross income for federal <br />income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely <br />affect that exclusion, and (c) it, or persons acting for it, will, among other acts of compliance, (i) <br />apply the proceeds of the Notes to the governmental pwposes of the borrowing, (ii) restrict the yield <br />on investmetrt property, (iii) make timely and adequate paymerrts to the federal government, (iv) <br />maintain books and records and make calculations and reports, and (v) refrain from certain uses of <br />those proceeds and, as applicable, of property financed with such proceeds, a11 in such manner and <br />to the extent necessary to assure such exclusion of tha.t interest under the Code. <br />-4- <br />„??.,?