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<br />officials, as appropriate, are each authorized and directed to sign any transcript certificates, financial <br />statements and other documents and instruments and to take such actions as are necessary or <br />appropriate to consummate the transactions contemplated by this ordinance. <br />If in the judgment of the Mayor and the Director of Finance a disclosure document in <br />the form of an official statement is appropriate relating to the original issuance of the Notes, either <br />or both of those officers, on behalf of the City and in their official capacities, are authorized to (i) <br />prepare or cause to be prepared, and make or authorize modifications, completions or changes of or <br />supplements to, such an official statement, (ii) determine, and to certify or otherwise represent, <br />when the official statement is to be "deemed final" (except for permitted omissions) by the City as <br />of its date or is a final official statement for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (iii) <br />use and distribute, or authorize the use and distribution of those official statements and any <br />supplements thereto in connection with the original issuance of the Notes, and (iv) complete and <br />sign those official statements as so approved together with such certificates, statements or other <br />documents in connection with the finality, accuracy and completeness of those official statements. <br />Section 7. The proceeds from the sale of the Notes, except any premium and accrued <br />interest, shall be paid into a separate fund of this City established for the purpose set forth in Section <br />1 pursuant to Sections 5705.09 and 5705.10 of the Revised Code, and those proceeds are <br />appropriated and shall be used for that purpose. The expenditure of those proceeds for that purpose, <br />including, without limitation, for financing costs as defined in Section 133.01 of the Revised Code, <br />is hereby authorized and approved. Any portion of those proceeds representing premium and <br />accrued interest shall be paid into the Bond Retirement Fund. <br />Section 8. If in her judgment it is appropriate, the Director of Finance is authorized to <br />request a rating for the Notes from Moody's Investors Service, Inc. or Fitch IBCA, or both, as she <br />determines is in the best interest of the City. <br />Section 9. The par value to be received from the sale of the Bonds or of any renewal <br />notes and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be <br />used to pay the debt charges on the Notes at maturity and are pledged for that purpose. <br />Section 10. During the year or years in which the Notes are outstanding, there shall be <br />levied on all the taxable property in the City, in addition to all other taxes, the same tax that would <br />have been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall <br />be unlimited as to amount or rate, shall be and is ordered computed, certified, levied and extended <br />upon the tax duplicate and collected by the same officers, in the same manner, and at the same time <br />that taxes for general purposes for each of those years are certified, levied, extended and collected, <br />and shall be placed before and in preference to all other items and for the full amount thereof. The <br />proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged <br />for the payment of the debt charges on the Notes or the Bonds when and as the same fall due. <br />Section 11. The City covenants that it will use, and will restrict the use and investment <br />of, the proceeds of the Notes in such manner and to such extent as may be necessary so that (a) the <br />Notes will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds under Section <br />141, 148 or 149 of the Internal Revenue Code of 1986, as amended (the Code), or (ii) be treated <br />-4- <br />?