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Ordinance No. 85-61 <br />3 - <br />the exchange or transfer. All Bonds issued upon any exchange or transfer <br />shall be valid obligations of the City, evidencing the same debt, and entitled <br />to the same security and benefit under this ordinance as the Bonds surrendered <br />upon that exchange or transfer. <br />Any Bond surrendered to the Bond Registrar for payment, retirement, <br />exchange, replacement or transfer shall be cancelled by the Bond Registrar. <br />The City may at any time deliver to the Bond Registrar for cancellation any <br />previously authenticated and delivered Bonds that the City may have acquired <br />in any manner whatsoever, and those Bonds shall be promptly cancelled by the <br />Bond Registrar. Written reports of the surrender and cancellation of Bonds <br />shall be made to the City by the Bond Registrar at least twice each calendar <br />year. The cancelled Bonds shall be retained for a period of time and then <br />returned to the City or destroyed by the Bond Registrar as directed by the <br />City. <br />Section 7. The Bonds are offered at par and any accrued interest to <br />the Director of Finance, as officer in charge of the Bond Retirement Fund of <br />the City. Bonds not purchased for the Bond Retirement Fund or for other funds <br />of the City shall be advertised for public sale and sold in accordance with <br />law and the provisions of this ordinance. The Director of Finance shall cause <br />the Bonds to be prepared and, following their sale, shall have the Bonds <br />signed and delivered, together with a true transcript of proceedings with <br />reference to the issuance of the Bonds, to the original purchaser upon payment <br />of the purchase price. <br />Section 8. The proceeds from the sale of the Bonds, 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 Bonds 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 Bonds in the <br />manner provided by law. <br />Section 9. There shall be levied on all the taxable property in the <br />City, in addition to all other taxes, a direct tax annually during the period <br />the Bonds are outstanding in an amount sufficient to pay the principal of and <br />interest on the Bonds when due, which tax shall not be less than the interest <br />and sinking fund tax required by Section 11 of Article XII of the Ohio <br />Constitution. The tax shall be within the 11.1 mill limitation provided by <br />the Charter of the City, shall be and is ordered computed, certified, levied <br />and 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 />those years are certified, levied, extended and collected, and shall be placed <br />before and in preference to all other items and for the full amount thereof. <br />The proceeds of the tax levy shall be placed in the Bond Retirement Fund, <br />which is irrevocably pledged for the payment of the principal of and interest <br />on the Bonds 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 Bonds 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 Bonds, so that the Bonds will not <br />constitute arbitrage bonds under Section 103(c) of the Internal Revenue Code <br />and 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 Bonds, 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 Bonds, setting forth the <br />reasonable expectations of the City regarding the amount and use of all the <br />proceeds of the Bonds and the facts and estimates on which they are based, all <br />as of the date of delivery of and payment for the Bonds. <br />Section 11. The Clerk of Council is directed to deliver a certified <br />copy of this ordinance to the County Auditor.