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73-011 Ordinance
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73-011 Ordinance
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1/10/2014 3:37:02 PM
Creation date
1/8/2014 9:26:25 AM
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North Olmsted Legislation
Legislation Number
73-011
Legislation Date
2/20/1973
Year
1973
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~r ~3i~ <br />- 2 - <br />Section 4. That such anticipatory notes in the aa~unt aforesaid shall <br />bear interest at such rate not exceeding four and one half per cesstus~ (+~-1/2X) <br />per asanum, payable at matuxity, and at such rate after maturity not exceeding <br />eight per centum (8X) per annum, as may be fixed by the Director of Finance <br />in his award of said sues at private sale. Such notes shall be dated <br />March 9, 1973, shall mature ?tarch 8, 1974, and shall be in such denomisiations <br />as sRay be requested by the purchaser. <br />Section 5. Such notes shall be signed by the Mayor and Director of <br />Finance and bear the seal of the corporation. They shall be payable in <br />Federal Reserve Fuss of the United States of America at the s+ian office of <br />The Natiā¬nnal City Rank of Cleveland, Cleveland, Ohio, and shall espresss upon <br />their face the purp~e fer which they are issued and that they are issued pur- <br />suant to this ordinance. <br />Section 6. Subject to the rejection of such notes by the Director of <br />Finance for ismestment in the Bond Retirement Fund, such notes shall be sold <br />by the Director of Finance at private sale at an interest rate not in exc~-s <br />of that specified in Section 4. The proceeds from such sale, except any preaium <br />and accrued interest, shall be paid into the proper fund wad used far the pur- <br />pose aforesaid as-d for no other purpose. Any premium and accrued interest <br />shall be depaosited in the Bond Retirement Fund. <br />It is hereby certified that it is not expected that the proceeds of <br />the issue of such stssteEs will be used in a manner that would cause such notes <br />to be arbitrage basuts usuler Section 103(d) of the Internal Re~ssse Code of <br />1954, as as+~es~ded, axrcl valid regulatiosus thereunder; that all of the proceeds <br />of such notes are needed for the purpose for which they are hereby authorised <br />to be issued, substasstal expenditures were pros~ptly cosNS3.tted to the original <br />purpose through bring cdaligations, work on the project proceeded with due <br />diligence to cermpleti+aa, all available proceeds fro~oa the origis~l notes issued <br />for the project s+-ere ezpestded within the temporary period reasonably required <br />through the exercise of due diligence to complete the project quad make final <br />payments, and any such proceeds were invested or deposited only f®r a t~- <br />porary period until needed for the purpose for which the notes were issued; <br />and that this certification is based upon all of the xelevaat facts and <br />circumstances in existence, including those more particularly set forth in <br />the certificate of the fiscal officer entitled "IRC Section 103(4) Certificate" <br />which shall be incorporated in the transcript of proceedi~s pertais~isg to <br />such notes and which certificate is adopted and incorporated herein by reference. <br />The City covenants to the purchasers of such notes that it will make no use <br />of the proceeds of such notes which, if such use had been reasonably expected <br />on the date of issue of such notes, would have caused these. to be arbitrage <br />bonds under Section 103(d} of the Internal Revenue Code of 195#, as ascended, <br />as in effect on the date of such issue, and any valid regulatiosys thereunder <br />and that it will complp with the requirements of said Section 103 (d} and the <br />requirements of said Section 103(d) and the requirements of arty valid regula- <br />tions thereunder, all to the extent as may be necessary, at the bins of the <br />use of such proceeds, so that such use will not cause such notes to be arbitrage <br />bonds under Section 103(d) of the Internal Revenue Code of 1954, as ascended. <br />Section .7. Said notes shall be the full general obligatiosua of the City <br />and the full faith, credit and revenue of said City are hereby pledged for <br />the prompt payment of the same. The par value to be received from the sale <br />of the bonds anticipated by said notes and any excess funds resultissg from <br />the issuance of said notes shall to the extent necessary be used only for the <br />retirement of said notes at maturity, together with the interest thereon, and <br />is hereby pledged for such purpose. <br />
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