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C <br />- 2 - <br />t <br />Section 5. Said tax shall be and is hereby ordered computed, certified, <br />levied and extended upon the tax duplicate and collected by the same officers, <br />in the same manner and at the same time that taxes for general purposes for <br />each of said years are certified, extended and collected. Said tax shall be <br />placed before and in preference to all other items and for the full amount <br />thereof. The funds derived from said tax levy hereby required shall be placed <br />in a separate and distinct fund, which, together with the interest collected <br />on the same shall be irrevocably pledged for the payment of principal and <br />interest on said bonds when and as the same fall due. <br />Section 6. Said bonds shall be first offered at par and accrued interest <br />to the officer in charge of the Bond Retirement Fund in his official capacity, <br />and if said officer refuses to take any or all of said bonds, then said bonds <br />not so taken shall be advertised for public sale and sold in the manner pro- <br />vided by law. The proceeds from the sale of said bonds, except the premium <br />and accrued interest thereon, shall be used for the purpose aforesaid and <br />for no other purpose and be allocated to the improvement herein described. <br />The premium and accrued interest received from such sale shall be transferred <br />to the Bond Retirement Fund to be .applied to the payment of the principal and <br />interest of said bonds, and in the manner provided by law. <br />The City hereby covenants that it will restrict the use of the proceeds <br />of the bonds in such manner and to such extent, if any, as may be necessary, <br />after taking into account reasonable expectations at the time of the delivery <br />and payment of such bonds, so that the bonds will not constitute arbitrage <br />bonds under Section 103(d) of the Internal Revenue Code and the regulations <br />prescribed under that section. The Director of Finance is authorized and <br />directed to give an appropriate certificate on behalf of the City, for inclu- <br />sion in the transcript of proceedings, setting forth the facts, estimates <br />and circumstances and reasonable expectations regarding the amount and use <br />of the proceeds of the bonds pursuant to said Section 103(d) and regulations <br />thereunder. <br />Section 7. The Clerk of Council is hereby authorized and directed to <br />certify a copy of this ordinance to the Auditor of Cuyahoga County, Ohio, <br />according to law. <br />Section 8. This ordinance is hereby declared to be an emergency measure <br />necessary for the preservation of the public peace, welfare and safety of this <br />City, and for the further reason that the notes of this City issued for this <br />improvement are about to mature and must be retired with the proceeds of the <br />bonds authorized herein in order to protect the credit of this City; wherefore, <br />this ordinance shall take effect and be in force immediately upon its passage <br />and approval by the Mayor. <br />,,-; ' <br />PASSED: f ~ 1974 ~ O , <br />Francis J. 0'Ne' , Presiden of Council <br />ATTEST : i C,d-t,.~c...~~ ,.~!~~ ~,„~~ <br />Nora T. Aill, Clerk of Council <br />APPROVED : !/~~/7~ <br />lph E. Christman, Mayor <br /> <br />,..,, - <br />i <br />