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94-135 Ordinance
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94-135 Ordinance
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1/14/2014 3:15:38 PM
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North Olmsted Legislation
Legislation Number
94-135
Legislation Date
9/21/1994
Year
1994
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~.... .. .~ ,,: .. n .. w..w <br />~.,~ <br />-3- <br />to the original purchaser upon payment of the purchase price. The Mayor, the Director of <br />Finance, the Clerk of Council, the Director of Law and other City officials, as appropriate, are <br />each authorized and directed to sign any transcript certificates, financial statements and other <br />documents and instruments and to take such actions as are necessary or appropriate to <br />consummate the transactions contemplated by this ordinance. The Director of Finance is <br />authorized, if it is determined to be in the best interest of the City, to combine the issue of Notes <br />with one or more other note issues of the City into a consolidated note issue pursuant to Section <br />133.30(B) of the Revised Code. <br />The Mayor and the Director of Finance, on behalf of the City and in their official <br />capacities, aze authorized and directed to (i) prepare or cause to be prepared, and make or <br />authorize modifications, completions or changes of or supplements to, such an official statement, <br />(ii) determine, and to certify or otherwise represent, when the official statement is to be "deemed <br />final" (except for permitted omissions) by the City as of its date or is a final official statement <br />for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (iii) use and distribute, or authorize the <br />use and distribution of those official statements and any supplements thereto in connection with <br />the original issuance of the Notes, and (iv) complete and sign those official statements as so <br />approved together with such certificates, statements or other documents in connection with the <br />finality, accuracy and completeness of those official statements. <br />Section 7. The proceeds from the sale of the Notes, except any premium and <br />accrued interest, shall be paid into the proper fund or funds and those proceeds aze appropriated <br />and shall be used for the purpose for which the Notes are being issued. Any portion of those <br />proceeds representing premium and accrued interest shall be paid into the Bond Retirement <br />Fund. <br />Section 8. The paz value to be received from the sale of the Bonds or of any <br />renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent <br />necessary, be used to pay the debt chazges on the Notes at maturity and are pledged for that <br />purpose. <br />Section 9. During the year or years in which the Notes aze outstanding, there shall <br />be levied on all the taxable property in the City, in addition to all other taxes, the same tax that <br />would have been levied if the Bonds had been issued without the prior issuance of the Notes. <br />The tax shall be within the 11.1-mill limitation provided by the Charter of the City, shall be and <br />is ordered computed, certified, levied and extended upon the tax duplicate and collected by the <br />same officers, in the same manner, and at the same time that taxes for general purposes for each <br />of those years aze certified, levied, extended and collected, and shall be placed before and in <br />preference to all other items and for the full amount thereof. The proceeds of the tax levy shall <br />be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the <br />debt chazges on the Notes or the Bonds when and as the same fall due. In each year to the <br />extent proceeds from the City's municipal income tax aze available for the payment of debt <br />charges on the Notes and the Bonds and aze appropriated for that purpose in accordance with <br />the City's covenants herein, the amount of the tax shall be reduced by the amount of the <br />proceeds so available and appropriated. <br />The debt chazges on the Notes and the Bonds shall be paid from the City's lawfully <br />available municipal income taxes to the extent needed to meet such debt charges. The City <br />covenants to levy and collect, and continue to levy and collect, its municipal income tax during <br />the period the Notes and the Bonds are outstanding in amounts necessary to pay such debt <br />charges and to apply the proceeds thereof in accordance with its covenants herem. The City <br />further covenants to appropriate annually from its lawfully available municipal income tax <br />receipts such amount as is necessary to meet such annual debt charges on the Notes and the <br />Bonds. <br />
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