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~;° +~ <br />s ~' 7~~~G <br />p <br />for which they axe issued and that they are issued peursuant to this ordinance. <br />3irtAd acates shall be in such and dem,osinatian as be requested by the <br />purrchaser 'and may be payable in l~+ederal. Reserve fbads of the United States of <br />America ii' requested by the purchaser. <br />Section 5. Subject to the refection of such notes by the Director of Finaaace <br />for investment in the Bond 1~etirameat Finatd, such Hates shall. be sold by the Director <br />of Finance at private sale at an interest rate not exceeding that set forth in <br />Section ~ and for not less than par and accrued iat~ersst. The proceeds fra~n such <br />sale, eaxcept ~` premium and accrued interest, steal]. be paid into the proper fund <br />and used for the purpose aforesaid and for ao other purpose. Any premium and <br />eacxued interest shall be deposited in the Bawd ~tire0ent Fund. The City covenants <br />that the proceeds of said notes shall. not be inv+esteid or used in such manner that <br />any of said notes would be "a~bitr$ge bonds" for purposes of Section 103 (d)(1) of <br />the Internal Revenue Code of 195. <br />Section 6. Said notes shall be the full genera]. obligation of the City and <br />the full faith, credit and rev+ern~e of such City are hereby pledged for the prompt <br />psym~ent oP the same. The par value to be received from the sale of the bonds <br />anticipated by said notes and any'e~xcess funds resulting from the issuance of <br />said notes shall. to the extent necressary be used only for the retit*ameat of said <br />notes at maturity, together with interest thereon, and are hereby pledged for such <br />purpose. <br />Section 7. During tlade year ar years such notes run there shall be levied on <br />all the taxable property in the City of Noarth Olmsted in addition to B.U. other <br />taxes, a direct tax annually not less than that which would have been ]:etvied if <br />bonds had been issued without the prior issue of such notes; pronrided, that the <br />amount of such tax shall be reda~ed to the extent that surplus earnings of the <br />sewerage system shall be a~lilable and appropriated for the payment of interest <br />and principal of such cotes oar of the bends anticipated thereby. <br />Said tax shall be and is hereby ordered computed, certified, levied and ex- <br />tended upon the tax duplicate ate. collected by the same officers, in the <br />manner and at the same time that taxes for general purposes for each of said;yee <br />are certified, extended nand collected. Said tax shall be placed before and in <br />preference to at1 other items and, for the fu]1 amcruat thereof. The ftmds derived <br />from said tax levies hereby requ~3.red shall. be: placed in a separate and distinct <br />fund, which, together with the interest collected on the same, shat.]. be irrevoQably <br />pledged for the payment of the principal and interest oP said ante or the bonds in <br />anticipation of which it is issued, when and as the same fall due. <br />Section 8. It is hereby determined and recited that all acts, conditions <br />and things necessary to be done precedent to and in the issuing of said notes in <br />order to make the ease legal., valid and binding olil3gations of the City of Forth <br />Olmsted have happened, bemsl dome and performed is regular cad due form as required <br />by law and that no limitation of indebtedness oar taxation, either statutory oar <br />constitutional will h$ve been exceeded in the issuance of said notes. <br />Section 9. The Clerk of Council is hereby authorized and directed to forward <br />a certified espy of this ordinance to the County Auditor of Cuyahoga County. <br />Section 10. 'Iiiis ordinance is hereby declared to be an emmergency measure <br />necessary for the preservation of the public peace, welfare and safety of this <br />City, and for the: fhrther reason that the immediate issuance and sale of the <br />notes herein authorized is necessary to provide Rinds with which to retire pxese.ntly <br />outstanding notes and thereby parotect the credit of this City; wherefore, this <br />ordinance shall taken effect and be in force iroammediate]y upon its passage and ap- <br />proval by the Mayor. <br />Passed: _/~~~~~i~_, 1971 <br />Attest: A ~ ~ ~~ ,~~ <br />Nora , e cunc Francis J. 0 , aamcil <br />Approved: /.~- 7 T <br />s , r <br />