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2012-094 Ordinance
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2012-094 Ordinance
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1/13/2014 3:49:28 PM
Creation date
12/27/2013 9:36:48 AM
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North Olmsted Legislation
Legislation Number
2012-094
Legislation Date
10/24/2012
Year
2012
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interest of and financially advantageous to the City, the Bonds may be issued in book entry form in <br />accordance with the following provisions of this Section. <br />The Bonds may be issued to a Depository for use in a book entry system and, if and so <br />long as a book entry system is utilized, (i) the Bonds may be issued in the form of a single, fully <br />registered Bond representing each maturity and interest rate within a maturity and registered in the <br />name of the Depository or its nominee, as registered owner, and deposited with and retained in the <br />custody of the Depository or its agent, which may be the Bond Registrar; (ii) the owners of book entry <br />interests in Bonds shall have no right to receive Bonds in the form of physical securities or certificates; <br />(iii) ownership of book entry interests in Bonds shall be shown by book entry on the system <br />maintained and operated by the Depository and its Participants, and transfers of the ownership of <br />book entry interests shall be made only by book entry by the Depository and its Participants; and (iv) <br />the Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository <br />or to another nominee of a Depository, without further action by the City. <br />If any Depository determines not to continue to act as a Depository for the Bonds for <br />use in a book entry system, the Director of Finance may attempt to establish a securities <br />depository/book entry relationship with another qualified Depository. If the Directar of Finance does <br />not or is unable to do so, the Director of Finance, after making provision for notification of the book <br />entry interest owners by the then Depository and any other arrangements deemed necessary, shall <br />permit withdrawal of the Bonds from the Depository, and shall cause Bond certificates in registered <br />form to be authenticated by the Bond Registrar and delivered to the assigns of the Depository or its <br />nominee, all at the cost and expense (including any costs of printing), if the event is not the result of <br />City action or inaction, of those persons requesting such issuance. <br />The Director of Finance is hereby authorized and directed, to the extent necessary or <br />required, to enter into any agreements, in the name and on behalf of the City, that she determines to be <br />necessary in connection with a book entry system for the Bonds, after determining that the signing <br />thereof will not endanger the funds or securities of the City. <br />Section 6. Sale of the Bonds. <br />(a) To the Original Purchaser. The Bonds shall be awarded and sold by the Mayor <br />and the Director of Finance to the Original Purchaser at private sale at a purchase price not less than <br />97% of the aggregate principal amount thereof plus accrued interest on the Current Interest Bonds <br />from their date to the Closing Date, as shall be determined in the Certificate of Award and with and <br />upon such other terms as are required or authorized by this ordinance to be specified in the Certificate <br />of Award, in accordance with law, the provisions of this ordinance and the Purchase Agreement. The <br />Mayor and the Director of Finance are authorized, if they determine it to be in the best interest of the <br />City, to combine the issue of the Bonds with one or more other unvoted general obligation bond <br />issues of the City into a consolidated bond issue pursuant to Section 133.30(B) of the Revised Code in <br />which case a single Certificate of Award may be utilized for the consolidated bond issue if <br />appropriate and consistent with the terms of this ordinance. <br />The Mayor and the Director of Finance shall sign and deliver the Certificate of Award <br />and shall cause the Bonds to be prepared and signed and delivered, together with a true transcript of <br />proceedings with reference to the issuance of the Bonds, to the Original Purchaser upon payment of <br />the purchase price. The Mayor, the Director of Finance, the Director of Law, the Clerk of Council
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