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85-062 Ordinance
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85-062 Ordinance
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North Olmsted Legislation
Legislation Number
85-062
Legislation Date
6/5/1985
Year
1985
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.,Ordinance No. 85-62 <br />'- <br />2 - <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 Direetor 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 outstand- <br />ing, there shall be levied on all the taxable property in the City, in addi- <br />tion to all other taxes, the same tax that would have been levied if the Bonds <br />had been issued without the prior issuance of the Notes. The tax shall be <br />within the 11.1 mill limitation provided by the Charter of the City, shall be <br />and is ordered computed, certified, levied and extended upon the tax duplicate <br />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, <br />extended and collected, and shall be placed before and in preference to all <br />other items and for the full amount thereof. The proceeds of the tax levy <br />shall be placed in the Bond Retirement Fund, which is irrevocably pledged for <br />the payment of the principal of and interest on the Notes or the Bonds when <br />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 consti- <br />tute arbitrage bonds under Section 103(c) of the Internal Revenue Code and the <br />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 inclu- <br />sion in the transcript of proceedings for the Notes, setting forth the reason- <br />able expectations of the City regarding the amount and use of all the proceeds <br />of the Notes and the facts and estimates on which they are based, all as of <br />the date of delivery of and payment for the Notes. <br />Section 11. The Clerk of Council is directed to deliver a certified <br />copy of this ordinance to the County Auditor. <br />
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