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13-03 Issue Bonds
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13-03 Issue Bonds
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Last modified
5/14/2013 2:58:37 PM
Creation date
7/8/2003 5:06:52 AM
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Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
3/17/2003
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transcript of proceedings with reference tO the issuance of the Bonds, to the Original Purchaser <br />upon payment of the purchase price. The proceeds from the sale of said Bonds, except the <br />accrued interest thereon, shall be paid into the proper fund and used for the purpose for which the <br />Bonds are being issued under the provisions of this ordinance and may be used to pay those. <br />certain costs of issuance set forth in Section 133.15(B), Ohio Revised Code; any such costs also <br />may be paid out of any other lawfully available moneys of the City and any such costs which are <br />future financing costs may be paid from the same sources from which the principal of and <br />interest on the Bonds are paid. The accrued interest shall be paid into the Bond Retirement Fund <br />to be applied to the payment of the principal and interest of the Bonds in the manner provided by <br />law. .i <br /> <br /> A preliminary official statement of the City relating to the original issuance of the <br />Bonds is authorized to be distributed. The Mayor and Fiscal Officer, and any one of them, are <br />authorized and directed to complete and sign, on behalf of the City and in their official <br />capacities, an official statement, with such modifications, changes and supplements from the <br />preliminary official statement as those officers or any one of them shall approve or authorize. <br />Those officers are authorized, on behalf of the City and in their official capacities, to <br />(i) determine, and to certify or otherwise represent, when the official ~tatement is "deemed final" <br />(except for permitted omissions) by the City as of its date or is a final official statement for <br />purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (ii) use anddistribute, or authorize the use and <br />distribution of, those official statements and any supplements thereto in connection with the <br />original issuance of the Bonds, and (iii)complete and sign those, official statements as so <br />approved together with such certificates, statements or other documents in connection with the <br />f'mality, accuracy and completeness of those official statements. <br /> <br /> SECTION 6. The Fiscal Officer' shall, appoint a bank or trust company to act as <br />the authenticating agent, bond registrar, transfer agent and paying agent for the Bonds (the <br />"Registrar"). The Fiscal Officer shall sign and deliver, in the name and on behalf of the City, a <br />Bond Registrar Agreement between the City and the Registrar (the "Agreement"). The Fiscal <br />Officer shall provide for the payment of the services rendered and for reimbursement of expenses <br />incurred pursuant to the Agreement from the proceeds of the Bonds to the extent available and <br />then from other moneys lawfully available and appropriated or to be appropriated for that <br />purpose. <br /> <br /> SECTION 7. For the purpose of providing the necessary funds to pay the interest <br />on the foregoing issue of Bonds promptly when and as the same falls due, and also to provide a <br />fund sufficient to pay the principal of the Bonds when due, there shall be and is hereby levied on <br />all taxable property in the City, in addition to all other taxes, a direct tax annually during the <br />period said Bonds are to nm in an amount sufficient to provide funds to pay the interest upon <br />said Bonds.as and.when the same fail due, and also to provide a fund for the payment of the <br />principal of the Bonds when due, which tax shall not be less than the interest and sinking fund <br />tax required by Section 11 of Article XII of the Constitution of Ohio. <br /> <br /> SECTION 8. 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 same manner and <br />at the same time that taxes for general purposes for each of said years are certified, extended and <br />collected. Said tax shall be placed before and in preference to ail other items and for the full <br />amount thereof. The funds derived from said tax levy hereby required shall be placed in a <br />separate and distinct fund, which, together with the interest collected on the same (other than <br />such interest as may be required to be rebated to the federal government), shall be irrevocably <br />pledged for the payment of the principal of and interest on said Bonds when and as the same fall <br />due; provided, however, that in each year to the extent that other revenues are available from <br />other sources for the payment of the Bonds and are appropriated for such purpose the amount of <br />such direct tax upon all of the taxable property in the City shall be reduced by the amount of <br />such other revenues so available and appropriated. <br /> <br /> SECTION 9. It is hereby determined that all acts, conditions and things necessary <br />to be done precedent to and in and for the issuing of said Bonds in order to make them legal, <br />valid and binding obligations of the City have been performed in regular and due form as <br />required by law; that the full faith and credit of said City shall be and are hereby irrevocably <br />pledged for the prompt payment of the principal and interest thereof at maturity; and that no <br /> <br />{KLF19881;1} 7 <br /> <br /> <br />
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