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<br />- 2 - <br />Civil Action Number C82-3089 in the United States District Court for the <br />Northern District of Ohio, Eastern Division, and losses, damages and expenses <br />related thereto. <br />Section 2. The Bonds shall be dated approximately September 1, 1992 <br />shall bear interest at the now estimated rate of 8% per year, payable semi- <br />annually until the principal amount is paid, and are estimated to mature in <br />twenty annual principal installments that are substantially equal. <br />Section 3. It is necessary to issue and this Council determines that <br />notes in the aggregate principal amount of $200,000 (the Notes) shall be <br />issued in anticipation of the issuance of the Bonds and to retire the 1991 <br />Notes. The Notes shall bear interest at a rate or rates not to exceed 8% per <br />year (computed on a 360-day per year basis), payable at maturity and until the <br />principal amount is paid or payment is provided for. If requested by the <br />original purchaser, the Notes may provide that, in the event the City does not <br />pay or make provision for payment at maturity of the debt charges on the <br />Notes, the principal amount of the Notes shall bear interest at a different <br />rate or rates not to exceed 11% per year from the maturity date until the City <br />pays or makes provision to pay that principal amount. The rate or rates of <br />interest on the Notes shall be determined by the Director of Finance in the <br />certificate awarding the Notes in accordance with Section 6 of this ordinance. <br />Section 4. The debt charges on the Notes shall be payable in lawful <br />money of the United States of America, or in Federal Reserve funds of the <br />United States of America if so requested by the original purchaser, and shall <br />be payable, witYiout deduction for services of the City's paying agent, at the <br />main office of National City Bank, Cleveland, Ohio, or at the principal office <br />of a bank or trust company requested by the original purchaser of the Notes, <br />provided that such request shall be approved by the Director of Finance after <br />determining that the payment at that bank or trust company will not endanger <br />the funds or securities of the City and that proper procedures and safeguards <br />are available for that purpose (the Paying Agent). The Notes shall be dated <br />the date of issuance and shall mature nine months from the date of issuance, <br />provided that the Director of Finance may, if it is determined to be necessary <br />or advisable to the sale of the Notes, establish a maturity date that is up to <br />seven days less than nine months from the date of issuance by setting forth <br />that maturity date in the certificate of award. <br />Section 5. The Notes shall be signed by the Mayor and Director of <br />Finance, in the name of the City and in their official capacities, provided <br />that one of those signatures may be a facsimile. The Notes shall be issued in <br />the denominations and numbers as requested by the original purchaser and <br />approved by the Director of Finance, provided that the entire principal amount <br />may be represented by a single note. In addition, the Notes may be issued (i) <br />in the denomination of $100,000 each or (ii) in any denomination that is the <br />sum of $100,000 and $5,000 or any whole multiple thereof, and are not <br />exchangeable for other Notes in denominations less than $100,000. The Notes <br />shall not have coupons attached, shall be numbered as determined by the <br />Director of Finance and shall express upon their faces the purpose, in summary <br />terms, for which they are issued and that they are issued pursuant to this <br />ordinance. <br />