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<br />authorized and directed to sign any transcript certificates, financial statements and other
<br />documents and instruments and to take such actions as are necessary or appropriate to
<br />consummate the transactions contemplated by this Ordinance. The Director of Finance is
<br />authorized, if it is determined to be in the best interest of the City, to combine the issue of
<br />Notes with one or more other note issues of the City into a consolidated note issue pursuant to
<br />Section 133.30(B) of the Revised Code.
<br />Section 7. The proceeds from the sale of the Notes, except any premium and
<br />accrued interest, shall be paid into the proper fund or funds and those proceeds are
<br />appropriated and shall be used for the purpose for which the Notes are being issued. Any
<br />portion of those proceeds representing premium and accrued interest shall be paid into the
<br />Bond Retirement Fund.
<br />Section 8. The par value to be received from the sale of the Bonds or of any
<br />renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent
<br />necessary, be used to pay the debt charges on the Notes at maturity and are pledged for that
<br />purpose.
<br />Section 9. During the year or years in which the Notes are outstanding, there shall
<br />be levied on all the taxable property in the City, in addition to all other taxes, the same tax that
<br />would have been levied if the Bonds had been issued without the prior issuance of the Notes.
<br />The tax shall be within the 11.1-mill limitation provided by the Charter of the City, shall be
<br />and is ordered computed, certified, levied and extended upon the tax duplicate and collected by
<br />the same officers, in the same manner, and at the same time that taxes for general purposes for
<br />each of those years are certified, levied, extended and collected, and shall be placed before and
<br />in preference to all other items and for the full amount thereof. The proceeds of the tax levy
<br />shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of
<br />the debt charges on the Notes or the Bonds when and as the same fall due. In each year to the
<br />extent the income from the City's sanitary sewerage system is available for the payment of
<br />debt charges on the Notes and Bonds and is appropriated for that purpose, the amount of the
<br />tax shall be reduced by the amount of income so available and appropriated.
<br />Section 10. The City covenants that it will use, and will restrict the use and
<br />investment of, the proceeds of the Notes in such manner and to such extent as may be
<br />necessary so that (a) the Notes will not (i) constitute private activity bonds, arbitrage bonds or
<br />hedge bonds under Section 141, 148 or 149 of the Internal Revenue Code of 1986, as amended
<br />(the Code), or (ii) be treated other than as bonds to which Section 103(a) of the Code applies,
<br />and (b) the interest on the Notes will not be treated as an item of tax preference under Section
<br />57 of the Code.
<br />The City further covenants that (a) it will take or cause to be taken such actions that
<br />may be required of it for the interest on the Notes to be and remain excluded from gross
<br />income for federal income tax purposes, (b) it will not take or authorize to be taken any
<br />actions that would adversely affect that exclusion, and (c) it, or persons acting for it, will,
<br />among other acts of compliance, (i) apply the proceeds of the Notes to the governmental
<br />purposes of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and
<br />adequate payments to the federal government, (iv) maintain books and records and make
<br />calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable,
<br />of property financed with such proceeds, all in such manner and to the extent necessary to
<br />assure such exclusion of that interest under the Code.
<br />The Director of Finance, as the fiscal officer, or any other officer of the City
<br />having responsibility for issuance of the Notes is hereby authorized (a) to make or effect any
<br />election, selection, designation, choice, consent, approval, or waiver on behalf of the City
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