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<br />. CITY OF NORi'H OLMSTED <br />' • . ORDINANCE N0. 79-115 <br />' PAGE 2. <br />default in the payment of principal of such notes at maturity, the same shall <br />bear interest at a rate not exceeding eight per centum (8%) per annum, as may be <br />fixed by the Director of Finance in his award of said notes at private sale. <br />Such notes shall be dated October 12, 1979, shall mature on June 6, 1980, and <br />shall be in such denominations as may be requested by the purchaser. <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 tha.t 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 any of <br />the proceeds of the notes in such manner and to such extent, if any, as may <br />be necessary, after taking into account reasonable expectations at the time <br />of the delivery of and payment for such notes, so that the notes will not <br />constitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />a.nd the applicable income tax regulations prescribed under that section. The <br />Director of Finance is authorized and directed to give an appropriate certifi- <br />cate of the City, for inclusion in the transcript of proceedings, setting <br />forth the reasonable expectations of the City regarding the amount and use of <br />all such proceeds and the facts and estimates on which they are based, all as <br />of the date of delivery of and payment for such notes. <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 is- <br />suance of said notes shall to the extent necessary be used only for the retire- <br />ment of said notes at maturity, together with interest thereon, and is hereby <br />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 tha.n 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, eaitended 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 />on said notes or the bonds in anticipation of which they are issued when and as <br />the satne falls due.