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ORDINANCE NO. 95-13 PAGE 2 <br />at that bank or trust company will adequately protect the funds of the Village and that proper <br />procedures and safeguards are available for that purpose (Paying Agent). The Notes shall be <br />dated as of their date of issuance, and shall mature one year from that date, provided that the <br />Director of Finance may, if it is determined to be necessary or advisable to the sale of the <br />Notes, establish a maturity date that is up to seven days less than one year from the date of <br />issuance by setting forth that maturity date to the certificate signed in accordance with Section 6 <br />of this ordinance. If agreed to by the Original Purchaser, the Notes shall be prepayable without <br />penalty or premium at the option of the Village at any time prior to maturity as provided in this <br />ordinance. Prepayment prior to maturity shall be made by deposit with the Paying Agent of the <br />principal amount of the Notes together with interest accrued thereon to the date of prepayment. <br />The Village's right of prepayment shall be exercised by mailing a notice of prepayment, stating <br />the date of prepayment and the name and address of the Paying Agent, by certified or registered <br />mail to the Original Purchaser not less than seven days prior to the date of that deposit, unless <br />that notice is waived by the Original Purchaser. If money for prepayment is on deposit with <br />the Paying Agent on the specified prepayment date following the giving of that notice (unless <br />the requirement of that notice is waived as stated above), interest on the principal amount <br />prepaid shall cease to accrue on the prepayment date, and, upon the request of the Director of <br />Finance, the Original Purchaser shall arrange for the delivery of the Notes at the designated <br />office of the Paying Agent for prepayment and surrender and cancellation. <br />Section 5. The Notes shall be signed by the Mayor and the Director of Finance in <br />the name of the Village and in their official capacities, provided that one of those signatures <br />may be a facsimile. The Notes shall be issued in the denominations and numbers as requested <br />by the Original Purchaser and approved by the Director of Finance, provided that the entire <br />principal amount may be represented by a single note. The Notes shall not have coupons <br />attached, shall be numbered as determined by the Director of Finance and shall express upon <br />their faces the purpose, in summary terms, for which they are issued and that they are issued <br />pursuant to this ordinance. <br />Section 6. The Notes are sold at not less than par to The Fifth Third Bank, <br />Cincinnati, Ohio (the Original Purchaser) in accordance with law and the provisions of this <br />ordinance. The Director of Finance shall, consistently with the provisions of Sections 3 and 4, <br />establish the interest rate after maturity to be borne by the Notes and their maturity, sign the <br />certificate referred to in Sections 3 and 4, cause the Notes to be prepared, and have the Notes <br />signed and delivered, together with a true transcript of proceedings with reference to the <br />issuance of the Notes if requested by the Original Purchaser, to the Original Purchaser upon <br />payment of the purchase price. The Mayor, the Director of Finance, the Law Director, the <br />Clerk of Council and other Village officials, as appropriate, are each authorized and directed <br />to sign any transcript certificates, financial statements and other documents and instruments and <br />to take such actions as are necessary or appropriate to consummate the transactions <br />contemplated by this ordinance. The Director of Finance is authorized, if it is determined to <br />be in the best interest of the Village, to combine the issue of Notes with one or more other <br />note issues of the Village into a consolidated note issue pursuant to Section 133.30(B) of the <br />Revised Code. <br />Section 7. The proceeds from the sale of the Notes, except any premium and <br />accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated <br />and shall be used for the purpose for which the Notes are being issued. Any portion of those <br />proceeds representing premium and accrued interest shall be paid into the Bond Retirement <br />Fund. <br />