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94-002 Ordinance
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94-002 Ordinance
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1/14/2014 3:16:10 PM
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North Olmsted Legislation
Legislation Number
94-002
Legislation Date
1/7/1994
Year
1994
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<br />-2- <br />principal amount is paid or payment is provided for. If requested by the original purchaser, <br />the Notes may provide that, in the event the City does not pay or make provision for payment <br />at maturity of the debt charges on the Notes, the principal amount of the Notes shall bear <br />interest at a different rate or rates not to exceed 8 % per year from the maturity date until the <br />City pays or makes provision to pay that principal amount. The rate or rates of interest on the <br />Notes shall be determined by the Director of Finance in the certificate awarding the Notes in <br />accordance with Section 6 of this ordinance. <br />Section 4. The debt charges on the Notes shall be payable in lawful money of the <br />United States of America, or in Federal Reserve funds of the United States of America if so <br />requested by the original purchaser, and shall be payable, without deduction for services of the <br />City's paying agent, at the main office of National City Bank, Cleveland, Ohio, or at the <br />principal office of a bank or trust company requested by the original purchaser of the Notes, <br />provided that such request shall be approved by the Director of Finance after determining that <br />the payment at that bank or trust company will not endanger the funds or securities of the City <br />and that proper procedures and safeguards are available for that purpose (the Paying Agent). <br />The Notes shall be dated the date of issuance and shall mature nine months from the date of <br />issuance, provided that the Director of Finance may, if it is determined to be necessary or <br />advisable to the sale of the Notes, establish a maturity date that is up to seven days less than <br />nine months from the date of issuance by setting forth that maturity date in the certificate of <br />award. If agreed to by the original purchaser, the Notes shall be prepayable without penalty or <br />premium at the option of the City at any time prior to maturity as provided in this ordinance. <br />Prepayment prior to maturity shall be made by deposit with the Paying Agent of the principal <br />amount of the Notes together with interest accrued thereon to the date of prepayment. The <br />City's right of prepayment shall be exercised by mailing a notice of prepayment, stating the <br />date of prepayment and the name and address of the Paying Agent, by certified or registered <br />mail to the original purchaser of the Notes not less than seven days prior to the date of that <br />deposit, unless that notice is waived by the original purchaser of the Notes. If money for <br />prepayment is on deposit with the Paying Agent on the specified prepayment date following <br />the giving of that notice (unless the requirement of that notice is waived as stated above), <br />interest on the principal amount prepaid shall cease to accrue on the prepayment date, and <br />upon the request of the Director of Finance the original purchaser of the Notes shall arrange <br />for the delivery of the Notes at the designated office of the Paying Agent for prepayment and <br />surrender and cancellation. <br />Section 5. The Notes shall be signed by the Mayor and Director of Finance, in the <br />name of the City and in their official capacities, provided that one of those signatures may be a <br />facsimile. The Notes shall be issued in the denominations and numbers as requested by the <br />original purchaser and approved by the Director of Finance, provided that the entire principal <br />amount may be represented by a single note. In addition, the Notes may be issued (i) in the <br />denominations of $100,000 each or (ii) in any denomination that is the sum of $100,000 and <br />$5,000 or any integral multiple thereof, and, if so issued, are not exchangeable for other Notes <br />in denominations less than $100,000. The Notes shall not have coupons attached, shall be <br />numbered as determined by the Director of Finance and shall express upon their faces the <br />purpose, in summary terms, for which they are issued and that they are issued pursuant to this <br />Ordinance. <br />Section 6. The Notes shall be sold at not less than par at private sale by the <br />Director of Finance in accordance with law and the provisions of this ordinance. The Director <br />of Finance shall sign the certificate of award referred to in Section 3 evidencing that sale, <br />cause the Notes to be prepared, and have the Notes signed and delivered, together with a true <br />transcript of proceedings with reference to the issuance of the Notes if requested by the <br />original purchaser, to the original purchaser upon payment of the purchase price. The Mayor, <br />the Director of Finance, the Clerk of Council and other City officials, as appropriate, are each <br />
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