(c) Agreement to Provide Continuing Disclosure. For the benefit of the holders
<br />and beneficial owners from time to time of the Bonds, the City agrees, as the only obligated person
<br />with respect to the Bonds under the Rule, to provide or cause to be provided such financial
<br />information and operating data, financial statements and notices, in such manner, as may be
<br />required for purposes of paragraph (b)(5)(i) of the Rule. In order to describe and specify certain
<br />terms of the City's continuing disclosure agreement for that purpose, and thereby to implement
<br />that agreement, including provisions for enforcement, amendment and termination, the Mayor and
<br />the Director of Finance, are authorized and directed to sign and deliver, in the name and on behalf
<br />of the City, the Continuing Disclosure Certificate, in substantially the form as is now on file with
<br />the Clerk of Council, with any changes or amendments that are not inconsistent with this ordinance
<br />and not substantially adverse to the City and that are approved by the Mayor and the Director of
<br />Finance on behalf of the City, all of which shall be conclusively evidenced by the signing of that
<br />Certificate or amendments to it. The agreement formed, collectively, by the Bonds, this paragraph
<br />and that Certificate, shall be the City's continuing disclosure agreement for purposes of the Rule,
<br />and its performance shall be subject to the availability of funds and their annual appropriation to
<br />meet costs the City would be required to incur to perform it.
<br />(d) Application for Rating or Bond Insurance. If, in the judgment of the Mayor or
<br />the Director of Finance, the filing of an application for (i) a rating on the Bonds by one or more
<br />nationally-recognized rating agencies, or (ii) a policy of insurance from a company or companies to
<br />better assure the payment of principal of and interest on the Bonds, is in the best interest of and
<br />financially advantageous to this City, the Mayor or the Director of Finance may prepare and submit
<br />those applications. The Director of Finance is also authorized to provide to each such agency or
<br />company such information as may be required for the purpose and, if it is, in her judgment, in the best
<br />interest of and financially advantageous to the City, to accept a commitment for insurance issued by a
<br />nationally recognized municipal bond insurance company insuring the payment when due of the
<br />principal of and interest on all or any portion of the Bonds.
<br />The expenditure of the amounts necessary to secure a rating or ratings on the Bonds or
<br />an such policy and to pay the other financing costs (as defined in Section 133.01 of the Revised Code)
<br />in connection with the Bonds, to the extent not paid by the Original Purchaser in accordance with the
<br />Purchase Agreement, is authorized and approved, and the Director of Finance is authorized to
<br />provide for the payment of the cost of obtaining each such rating, any such policy and all such other
<br />financing costs, except to the extent paid by the Original Purchaser in accordance with the Purchase
<br />Agreement, from the proceeds of the Bonds to the extent available and otherwise from any other
<br />funds lawfully available and that are appropriated or shall be appropriated for that purpose.
<br />Section 7. Provisions for Tax Levy. There shall be levied on all the taxable property
<br />in the City, in addition to all other taxes, a direct tax annually during the period the Bonds are
<br />outstanding in an amount sufficient to pay the debt charges on the Bonds when due, which tax shall
<br />not be less than the interest and sinking fund tax required by Section 11 of Article XII of the Ohio
<br />Constitution. The tax shall be unlimited as to amount or rate, shall be and is ordered computed,
<br />certified, levied and extended upon the tax duplicate and collected by the same officers, in the same
<br />manner and at the same time that taxes for general purposes for each of those years are certified,
<br />levied, extended and collected, and shall be placed before and in preference to all other items and for
<br />the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund,
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