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85-064 Ordinance
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85-064 Ordinance
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North Olmsted Legislation
Legislation Number
85-064
Legislation Date
6/5/1985
Year
1985
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Ordinance No. 85-64 <br />-2- <br />that the payment at that bank or trust company will adequately protect the <br />funds of the City and that proper procedures and safeguards are available for <br />that purpose. The Notes shall be dated the date of issuance, and shall mature <br />on November 11, 1985. <br />Section 5. The Notes shall be signed by the Mayor and Director of <br />Finance, in the name of the City and in their official capacities, provided <br />that one of those signatures may be a facsimile, and bear the corporate seal <br />of the City or a facsimile of that seal; shall be issued in the numbers and <br />denominations as may be requested by the original purchaser and approved by <br />the Director of Finance, provided that the entire principal amount may be <br />represented by a single note; shall not have coupons attached; shall be <br />numbered as determined by the Director of Finance; and shall express upon <br />their faces the purpose for which they are issued and that they are issued <br />pursuant to this ordinance. <br />Section 6. The Notes are offered at par and accrued interest, if <br />any, to the Director of Finance, as officer in charge of the Bond Retirement <br />Fund of the City. Notes not purchased for the Bond Retirement Fund or for <br />other funds of the City shall be sold at private sale by the Director of <br />Finance in accordance with law and the provisions of this ordinance. The <br />Director of Finance shall sign the certificate of award referred to in Section <br />3 evidencing that sale, cause the Notes to be prepared, and have the Notes <br />signed and delivered, together with a true transcript of proceedings with <br />reference to the issuance of the Notes if requested by the original purchaser, <br />to the original purchaser upon payment of the purchase price. <br />Section 7. The proceeds from the sale of the Notes, except any <br />premium and accrued interest, shall be paid into the proper fund or funds and <br />those proceeds are appropriated and shall be used for the purpose for which <br />the Notes are being issued. Any portion of those proceeds representing <br />premium and accrued interest shall be paid into the Bond Retirement Fund to be <br />applied to the payment of the principal of and interest on the Notes in the <br />manner provided by law. <br />Section 8. The par value to be received from the sale of the Bonds <br />or any renewal notes and any excess funds resulting from the issuance of the <br />Notes shall, to the extent necessary, be used to pay the principal of and <br />interest on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are out- <br />standing, there shall be levied on all the taxable property in the City, in <br />addition to all other taxes, the same tax that would have been levied if the <br />Bonds had been issued without the prior issuance of the Notes. The tax shall <br />be within the 11.1 mill limitation provided by the Charter of the City, shall <br />be and is ordered computed, certified, levied and extended upon the tax dupli- <br />cate and collected by the same officers, in the same manner, and at the same <br />time that taxes for general purposes for each of those years are certified, <br />levied, extended and collected, and shall be place.d before and in preference <br />to all other items and for the full amount thereof. The proceeds of the tax <br />levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged <br />for the payment of the principal of and interest on the Notes or the Bonds <br />when and as the same fall due. <br />Section 10. The City covenants that it will restrict the use of the <br />proceeds of the Notes in such manner and to such extent, if any, as may be <br />necessary, after taking into account reasonable expectations at the time of <br />the delivery of and payment for the Notes, so that the Notes will not con- <br />stitute arbitrage bonds under Section 103(c) of the Internal Revenue Code and <br />the applicable regulations prescribed under that Section. The Director of <br />Finance, as the fiscal officer, or any other officer having responsibility for <br />issuing the Notes, shall, alone or with any other officer or employee of or <br />consultant to the City, give an appropriate certificate of the City for <br />inclusion in the transcript of proceedings for the Notes, setting forth the
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