52-91 Gen Provisions - Sanitary Sewer Spec Oblig Bonds

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Section 39. Miscellaneous. (a) Instruments of Holders. Any consent, request, direction, approval, objection or other instrument required by this Ordinance to be signed and executed by the Holders may be in any number of counterparts and may be signed or executed by such Holders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or for the writing appointing any such agent and of the ownership of Bonds and Notes, if made in the following manner, shall be sufficient for any of the purposes of this Ordinance and shall be conclusive in favor of the Fiscal Agent with regard to any action taken under such request or other instrument, namely: (i) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgements within such jurisdiction that the person signing such writing acknowledged before him the execution thereof, or by affidavit of any witness to such execution.. (ii) The fact of the holding by any person of any such Notes transferable by delivery and the amounts and numbers of such Notes, and the date of the holding of the same, may be proved by a certificate executed by any trust company, bank or banker, wherever situated, stating that at the date thereof the party named therein did exhibit to an officer of such trust company or bank or to such banker, as the property of such party, the Notes therein mentioned, if such certificate shall be deemed by the Fiscal Agent to be satisfactory. In lieu of the foregoing, the Fiscal Agent may accept other proofs of the foregoing as it shall deem appropriate. For all purposes of this Ordinance and of the prOceedings for the enforcement hereof, such person shall be deemed to contirtue to be the holder Of such Notes'until the Fiscal Agent shall have received notice in writing to the contrary. The fact of ownership of such Bonds registered as to principal and interest shall be proved by the Bond Register. Nothing contained herein shall be construed as limiting the Fiscal Agent to such proof, it being intended that the Fiscal Agent may accept any other evidence of the matter herein stated which it deems to be sufficient. Any request or ce>nsent of the Holder of any such Bortd or Note shall bind every future holder of the same Bond or any Bond issued in exchange therefor or upon the replacement or transfer thereof, or of the same Note or any Note issued in exchange or replacemertt thereof, in respect to anything done or suffered to be done by the Issuer or the Fiscal Agent in pursuance of such request of consent. (b) Leaislative Intent. All terms, conditions, pledges, covenants or agreements on the part of the Issuer provided for in this Ordinance are made by the voluntary act of the Issuer under its lawful authority, including its authority under its Charter and Article XVIII of the Constitution of Ohio. Nothing in this Ordinance is intended to, and no provision hereof shall be applied in any manner as would, impair the obligation 'of the contract of the Issuer with respect to any outstanding bonds, notes, certificates of indebtedness, other obligations, trust indentures¡ trust agreements, or other agreements or contracts made or entered into by the Issuer and for which consideration was duly received by the Issuer prior to the passage of this Ordinance. Section 40. Deliverv to Countv Auditor. The Issuer's Fiscal Officer is hereby authorized and directed to forward a certified copy of this Ordinance and each Series Legislation passed hereunder to the County Auditor of Cuyahoga -32-