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83-106 Ordinance
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83-106 Ordinance
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1/11/2014 12:36:15 PM
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North Olmsted Legislation
Legislation Number
83-106
Legislation Date
9/6/1983
Year
1983
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CITY OF NORTH OLMST70"" <br />' • ' ORDINANCE N0. 83 - IVCi <br />PAGE TGVO <br />shall mature on September 20, 1984, but, if agreed to by the purchaser of the <br />notes, shall be issued subject to prepayment prior to maturity at par and <br />accrued interest, and shall be issued in such numbers and denominations as may <br />be requested by the purchaser, provided the entire principal amount may be <br />represented bq a single note. <br />SECTION 4. That such notes shall be executed by the Mayor and the <br />Director of Finance, one of whose signatures may be a facsimile, and bear the <br />seal of the corporation or a facsimile of such seal; shall bear such aumbers <br />as designated by the Director of Finance; shall be payable at the main office <br />of National City Bank, Cleveland, Ohio, without deduction for its services as <br />the City's paying agent; shall be payable in lawful money or, if requested by <br />the purchaser, in Federal Reserve funds of the United States of America; and <br />shall express upon their faces the purpose for which theq are issued and that <br />they are issued pursuant to this ordinance. <br />SECTION 5. That such notes shall be first offered to the Director of <br />Finance as the officer in charge of the Bond Retirement Fund of the Citq and <br />so many of the same as shall not be taken for said Bond Retirement Fund shall <br />be sold by the Director of Finance at private sale for not less than the par <br />value thereof together with any premium and accrued interest thereon in accor- <br />dance with the provisions of Section 3 of this ordinance; and the Director of <br />Finance is hereby authorized and directed to deliver such notes, when exe- <br />cuted, to the purchaser thereof upon payment of such purchase price. The <br />proceeds from the sale of such notes, except any premium and accrued interest <br />thereon, shall be paid into the proper fund and used for the purpose for which <br />such notes are being issued under the provisions of this ordinance and for no <br />other purpose. Any premium and accrued interest received from such sale shall <br />be paid into the Bond Retirement Fund to be applied to the payment of the <br />principal of and interest on such notes in the manner provided by law. <br />SECTION 6. That the City hereby covenants that it will restrict the <br />use of the proceeds of the notes in such maaner and to such extent, if any, as <br />may be necessary, after taking into account reasonable expectations at the <br />time of the delivery of and papment for such notes, so that the notes will not <br />constitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />and the applicable income tax regulations under that Section. The fiscal <br />officer or any other officer having responsibility for issuing the notes is <br />authorized and directed, alone or in conjunction with any of the foregoing or <br />with any other officer, employee or consultant of the City, to give an appro- <br />priate certificate of the City, for inclusion in the transcript of proceed- <br />ings, setting forth the reasonable expectations of the City regarding the <br />amount and use of all such proceeds and the facts and estimates on which they <br />are based, all as of the date of delivery of and payment for such notes. <br />SECTION 7. That such notes shall be the full general obligations of <br />the City of North Olmsted and the full faith, credit and revenue of this City <br />are hereby pledged for the prompt payment of the same. The par value to be <br />received from the sale of the bonds anticipated by such notes and any excess <br />funds resulting from the issuance of such notes shall, to the extent neces- <br />sary, be used for the retirement of such notes at maturity, together with <br />interest thereon, and are hereby pledged for such purpose. <br />SECTION 8. That during the year or years while such notes run there <br />shall be levied on all the taxable property in the City, in addition to all <br />other taxes, a direct tax annually not less than that which would have been <br />levied if bonds had been issued without the prior issuance of such notes. <br />Said tax shall be and is hereby ordered computed, certified, levied and <br />extended upon the tax duplicate and collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes for each of <br />said qears are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof.
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