<br />does not or is unable to do so, the Director of Finance, after making provision for notification of the
<br />book entry interest owners by the then Depository and any other arrangements deemed necessary,
<br />shall permit withdrawal of the Notes from the Depository, and shall cause the Notes in bearer or
<br />payable form to be signed by the officers authorized to sign the Notes and delivered to the assigns of
<br />the Depository or its nominee, all at the cost and expense (including any costs of printing), if the
<br />event is not the result of City action or inaction, of those persons requesting such issuance.
<br />The Director of Finance is also hereby authorized and directed, to the extent necessary
<br />or required, to enter into any agreements determined necessary in connection with the book entry
<br />system for the Notes, after determining that the signing thereof will not endanger the funds or
<br />securities of the City.
<br />Section 6. The Notes sha11 be sold by the Director of Finance at private sale at a
<br />purchase price not less than par plus accrued interest, in accordance with law and the provisions of
<br />this ordinance. In accordance wrth her determination of the best interest of the City and the amount
<br />required for the purpose set forth in Section 1(including payment of financing costs in connection
<br />with the Notes), and based on conditions then existing m the financial markets, the Director of
<br />Finance shall sign the Certificate of Award to establish and specify the aggregate principal amount
<br />of the Notes to be issued, the interest rate the Notes are to bear, the final purchase price of the Notes
<br />and other final terms of the Notes in accordance with the provisions of this ordinance and to
<br />evidence the sale of the Notes to the original purchaser. Thereafter, the Director of Finance shall
<br />cause the Notes to be prepared, and have the Notes signed and delivered, together with a true
<br />transcript of proceedings with reference to the issuance of the Notes if requested by the original
<br />purchaser, to the original purchaser upon payment of the purchase price. The Mayor, the Director
<br />of Finance, the Director of Law, the Clerk of Council and other City officials, as appropriate, are
<br />each authorized and directed to sign any transcript certificates, financial statements and other
<br />documents and instruments and to take such actions as are necessary or appropriate to consummate
<br />the transactions contemplated by this ordinance. The Director of Finance is authorized, if it is
<br />determined to be in the best interest of the City, to combine the issue of Notes with one or more
<br />other note issues of the City into a consolidated note issue pursuant to Section 133.30(B) of the
<br />Revised Code; provided that, if the aggregate principal amount of any such consolidated note issue
<br />is $1,000,000 or more, no note of that issue shall be issued in a denomination less than $100,000 or
<br />be exchangeable for other notes in denominations less than $100,000.
<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 the proper fund or funds and those proceeds are appropriated and shall be
<br />used for the purpose for which the Notes are being issued. The expenditure of those proceeds for
<br />the purpose set forth in Section 1, including, without limitation, for financing costs as defined in
<br />Section 133.01 of the Revised Code, is hereby authorized and approved. Any portion of those
<br />proceeds representing premium and accrued interest shall be paid into the Bond Retirement Fund.
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