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36-09 Repeal Ord 21-09
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36-09 Repeal Ord 21-09
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Last modified
5/14/2013 3:17:29 PM
Creation date
3/20/2009 5:55:08 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
3/16/2009
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with any Purchase Agreement, or, if there is no Purchase Agreement, in accordance with its <br />proposal. <br />(c) Registrar. The City retains the services of The Huntington National Bank, <br />or another bank or trust company as determined by the Director of Finance in the Certificate <br />of Award, to act as Registrar for the Notes. The Registrar must perform the services as bond <br />registrar, authenticating agent, paying agent, and transfer agent for the Notes as provided in <br />this ordinance. The Registrar must be paid for those services in accordance with the <br />Registrar Agreement. <br />(d) Ratings and Insurance. If, in the judgment of the Director of Finance, <br />the filing of an application for (1) a rating on the Notes by one or more nationally <br />recognized statistical rating organizations 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 financially <br />advantageous to the City, the Director of Finance must prepare and submit those <br />applications and provide to each of those organizations or companies the information <br />required for the purpose. This Council further authorizes the fees for those ratings and <br />the premiums for the insurance to be included in Financing Costs authorized under <br />Section 9(fj below. <br />(e) Limits on Authority of Service Providers. In rendering the services <br />described above, as independent contractors, those service providers must not exercise any <br />administrative discretion on behalf of the City in the formulafion of public policy; <br />expenditure of public funds; enforcement of laws, rules and regulations of the State of Ohio, <br />the City, or any other political subdivision; or the execution of public trusts. <br />(f) Payment of Financing Costs. This Council authorizes and approves the <br />expenditure of the amounts necessary to pay those Financing Costs specifically <br />authorized above and all other necessary Financing Costs in connection with the issuance <br />and sale of the Notes. Those Financing Costs may be paid by the Original Purchaser. To <br />the extent they are not paid by the Original Purchaser, this Council authorizes and directs <br />the Director of Finance to provide for the payment of those Financing Costs from the <br />proceeds of the Notes to the extent available and, otherwise, from any other funds <br />lawfully available and appropriated for the purpose. <br />Section 10. Use of Note Proceeds. The proceeds from the sale of the <br />Notes must be deposited and used as provided in this Section 10. <br />(a) 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 />(b) The amount necessary to pay for any costs of the Projects and any <br />Financing Costs of the Notes to the extent that those Financing Costs are not paid by the <br />Original Purchaser in accordance with any Purchase Agreement and to the extent that the <br />Director of Finance determines to pay those Financing Costs from the proceeds of the <br />8 <br />
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