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32-07 Bonds - Rec Facilities
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32-07 Bonds - Rec Facilities
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Last modified
5/14/2013 3:12:14 PM
Creation date
9/26/2007 6:05:28 AM
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Office Of Council
Document Type
Ordinances
Date
9/26/2007
Date Adopted
3/26/2007
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(b) <br /> <br />compensation for those legal services in accordance with its proposal and letto~ of <br />engagement. <br /> <br />Underwriter. The City retains the services of A.G Edwards & Sons, Inc., as <br />Underwriter for the Notes. The Underwriter must be paid for services in accordance <br />with its underwriting proposal <br /> <br />Registrar. The City retains the services of The Hm~lington National Bank, br <br />another bank or trust company as determined by the Director of Finance in the <br />Certificate of Award, to act as Registrar for the Notes The Registrar must perform <br />the services as bond registrar, authenticating agent, paying agent, and transfer agent <br />for the Notes as provided in this ordinance. The Registrar must be paid for those <br />services in accordance with the Registrar Agreement. <br /> <br />Ratings and Insurance. If, in the judgment of the Director of Finance, the filing <br />of an application for (1) a rating on the Notes by one or more nationally- <br />recognized rating agencies or (2) a policy of insurance to better assure the <br />payment of principal of and interest on the Notes, is in the best interest of and <br />financially advantageous to the City, the Director of Finance must prepare and <br />submit those applications and provide to each of those agencies or co~npanies the <br />information required for the purpose. This Council further authorizes the fees for <br />those ratings, and the preuuiums for the insurance to be included in Financing <br />Costs authorized under Section 8(0 below. <br /> <br /> (e) Limits on Authority of Service Providers. In rendering the services described <br /> above, as independent contractors, those service providers must not exercise any <br /> administrative discretion on behalf of the City in the formulation of public policy; <br /> expenditure of public funds; enforcement of laws, roles and regulations of the State <br /> of Ohio, the City, or any other political subdivision; or the execution of public trusts. <br /> <br /> (f) Payment of Financing Costs. Tiffs Council authorizes and approves the <br /> expenditure of the mounts necessary to pay those Financing Costs specifically <br /> authorized above and all other necessary Financing Costs in connection with the <br /> issuance and sale of the Notes. Those Financing Costs may be paid by the <br /> Underwriter. To the extent they are not paid by the~Underwriter, this Council <br /> authorizes and directs the Director of Finance to provide for the payraent of those <br /> Financing Costs from the proceeds of the Notes to the extent available and, <br /> otherwise, from any other funds lawfully available and approprihted thr the <br /> purpose <br /> <br /> Section 9. Use o~ Note Proceeds. The proceeds fi'om the sale of the Notes must be <br />deposited and used es provided in this Section 9 <br /> <br />Any accrued interest or premium received on the sale of the Notes must be <br />deposited in the Bond Retirement Fund of the City and be used for the payment of <br />interest on the Notes at their maturity, <br /> <br />The remainder of the proceeds must be paid into the proper fund or fimds and <br />used for the payment of the costs of the Project and any Financing Costs of the <br />Notes to the extent that those Financing Costs are not paid by the Underwriter and <br />to the extent that the Director of Finance determines to pay those Financing Costs <br />fi~m the proceeds of the Notes. <br /> <br /> Section i0. Security and Sources of Payment. The Notes will be general obligations <br />of the City. <br /> <br />(a) This Council pledges to the payment of Debt Service on the Notes the full faith <br /> and credit of the City including, without limitation: <br /> <br />(i) <br /> <br />The general taxing power of the City, including the power to levy taxes <br />within the ten-mill limitation, as defined in Sectiort 5705.02, Revised <br />Code. <br /> <br />4 <br /> <br /> <br />
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