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..~., ._ <br />~~~ <br />77--G 9 <br />- 2 - <br />per annum, as may <br />at private sale. <br />June. 9, 1978, and <br />purchaser. <br />be fixed by the Director of Finance in his award of said notes <br />Such notes shall be dated June 10, 1977, shall mature on <br />shall be in such denominations as may be requested by the <br />Section 5. Such notes shall be signed by the Mayor and Director <br />of Finance and bear the seal of the corporation. They shall be payable in <br />Federal Reserve funds of the United States of America at the main office of <br />National City Bank, Cleveland, Ohio, and shall express upon their faces the <br />purpose for which they are issued and that they are issued pursuant to this <br />ordinance. <br />Section 6. Subject to the rejection of such notes by the Director <br />of Finance for investment in the Bond Retirement Fund, such notes shall be <br />sold by the Director of Finance at private sale at an interest rate not in <br />excess of that specified in Section 4. The proceeds from such sale, except <br />any premium and accrued interest, shall be paid into the proper fund and used <br />for the purpose aforesaid and for no other purpose. Any premium and accrued <br />interest shall be deposited in the Bond Retirement Fund. <br />The City hereby covenants that it will restrict the use of the pro- <br />ceeds of the notes in such manner and to such extent, if any, as may be nec- <br />essary, after taking into account reasonable expectations at the time the debt <br />is incurred, so that they will not constitute arbitrage bonds under Section <br />103(c) of the Internal Revenue Code and the regulations prescribed under that <br />section. The Director of Finance is authorized and directed to give an <br />appropriate certificate on behalf of the City, for inclusion in the transcript <br />of proceedings, setting forth the facts, estimates and circumstances and <br />reasonable expectations pertaining to said Section 103(c) and regulations <br />thereunder. <br />Section 7. Said notes shall be the full general obligations of the <br />City and the full faith, credit and revenue of said City are hereby pledged for <br />the prompt payment of the same. The par value to be received from the sale of <br />the bonds anticipated by said notes and any excess funds resulting from the <br />issuance of said notes shall to the extent necessary be used only for the <br />retirement of said notes at maturity, together with interest thereon, and is <br />hereby pledged for such purpose. <br />Section 8. During the year or years while such notes run there shall <br />be levied on all the taxable property in said City, in addition to all other <br />taxes, a direct tax annually not less than that which would have been levied <br />if bonds had been issued therefor without the prior issue of said notes. <br />Said tax shall be and is hereby ordered computed, certified, levied <br />and extended upon the tax duplicate and collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes for each of <br />said years are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof. <br />The funds derived from said tax levies hereby required shall be placed in a <br />separate and distinct fund, which, together with the interest collected on the <br />same, shall be irrevocably pledged for the payment of the principal and interest <br />of said notes or the bonds in anticipation of which they are issued when and as <br />the same falls due. <br />Section 9. The Clerk is hereby directed to forward a certified copy <br />of this ordinance to the County Auditor. <br />Section 10. It is found and determined that all formal actions of <br />this Council concerning and relating to the adoption of this ordinance were <br />adopted in an open meeting of this Council, and that all deliberations of <br />this Council and of any of its committees on or after November 28, 1975 that <br />resulted in such formal action, were in meetings open to the public, in <br />compliance with all legal requirements including Section 121.22 of the Ohio <br />Revised Code. <br />