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µ ~ ,~..~o <br />- 2 - <br />Section 4. That such anticipatory notes in the amount aforesaid shall <br />bear interest at such rate sot exceeding four and one-half per centum (4-1J2x) <br />per ansusm, payable at saturity, and at such rate after ssatturity not exceeding <br />eight per centum ($X) per aanu~e, as sway be fixed by the Director of Finance <br />in his ward of said notes at private sale. Such notes shall be dated <br />March 9, 1973, shall sestuxe l~sereh 8, 1974, and shall be in such denominations <br />as may be requested by the purchaser. <br />Section 5. Such notes shall be signed by the Mayor and Director of <br />Finance and bear the seal of the corporation.. They shall be payable in <br />Feral Reserve Fonda of the ITnited States of America at the stain office of <br />The National City Bank of Cleveland, Clevei:nd, tRsio, and shall expr+ses upon <br />their face the purpose for which they are issuad and that they are issued pur- <br />suant to this ordinance. <br />Section 6. Subject to the rejection of such notes by the Director of <br />Finance for investseAt in the Fond Retirement Fund, :ueh st~rtas shall be sold <br />by the Director of Plusses at private sale at an interest rate not in excess <br />of that specified in Section 4. The proceeds from such sale, except any premium <br />and accrued interest, shall be paid into the proper fund and used for the pur- <br />pose aforesaid and for no other purpose. Any premium and accrued interest <br />shall be depsositad in the Fond Retirement Fund. <br />It is hereby certified that it is not expected that the proceeds of <br />the issue of such notes Brill be used in a maansr that would cause such notes <br />to be arbitxage bands uadar Section lt?3(d) of the Intaraal Reveaua Code of <br />1954, as aaended, sad valid regulations thereunder; that all of the proceeds <br />of such notes are aeedad for the purpose for which they are hereby asstbmrised <br />to be issued, substas-tial ditures were prostptly cosrmitted to the original <br />purpose through binding obligations, work oat the project proceeded with due <br />diligence to completion, all available proceeds from the original noCSS issued <br />for the project were a~cpended within the temporary periosi raascnublp required <br />through the exercias of due diligence to cosplete the project s~rlue final <br />paysaents, and any such proceeds sere invested or deposited aaly far a tem- <br />porary period until seeded for the purpose for which the suss mare issuad; <br />and that this certification is based upon all of the relevant facts. <br />circumstances in existence, including those ss€are particulaacly s+et frarth in <br />the certificate of the fiscal officer entitled "IRC Seeti+sa lfl3(d) Ctrrtifieate" <br />which shall be incorporated in the transcript of proceedi~tgs pertaining to <br />such notes and which certificate is adopted and incorporated herein by reference. <br />The City covenants to the purchasers. of such notes that it will Hake no use <br />of the proceeds of such notes w~tich, if such use had been reassaably expected <br />on the date of issue of such notes, would have caused them to be arbitrage <br />bonds us:der Beetles 113 Ed) of the Internal F,evenue Code of 1$5~r, as wed, <br />as in effect on the date of such issue, sand any valid regulatione~ thereu~+der <br />and that it will cos~-ly with. the regsiireseents of said Section 1Q3 (d) atwt the <br />ree~uirements of said 8ectian 143 (d) and the..requiress~ts r-f say valid rla- <br />tions thereunder, all to the extent as way be necessary, at the tis~ee of the <br />use cf such proceeds, so that stuck use will not cause such notes. to-be arbitrage <br />bonds. under Section IQ3(d) of the Internal Revenue Code of 1954, as amended. <br />Section 7. Said Hates shall be the full general obligations of the City <br />and the:full faith, credit and revenue of said City are hereby pledged for <br />the prompt payment of the Bask. The par value to be received fxaae the sale <br />of the bonds anticipated by said notes and any eacess fins r+ea+lltiag from <br />the issuance of said notes sha11 to the extent necessary be u+~ed only for the <br />retirement of said notes at maturity, together with. the interact the~ceon, and <br />is hereby pledged fox such purpose. <br />