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77-070 Ordinance
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77-070 Ordinance
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North Olmsted Legislation
Legislation Number
77-070
Legislation Date
5/3/1977
Year
1977
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. „~ <br />.~ ~ -2- <br />Section 3. Said bonds shall be executed by the Mayor and Director <br />of Finance and shall bear the corporate seal of said City or a facsimile <br />thereof, provided that one of such signatures may be a facsimile signature. <br />Interest coupons attached to said bonds shall bear the facsimile signature <br />of the Director of Finance printed or lithographed thereon. They shall be <br />payable in lawful money of the United States of America at the main office <br />of National City Bank, Cleveland, Ohio. <br />77- 7u <br />Section 4. For the purpose of providing the necessary funds to pay <br />the interest on the foregoing issue of bonds promptly when and as the same falls <br />due, and also to provide a fund sufficient to discharge the said serial bonds <br />at maturity, there shall be and is hereby levied on all taxable property in the <br />City of North Olmsted in addition to all other taxes, a direct tax annually during <br />the period said bonds are to run in an amount sufficient to provide funds to pay <br />the interest upon said bonds as and when the same fall due, and also to provide <br />a fund for the discharge of the principal of said serial bonds at maturity, which <br />tax shall not be less than the interest and sinking fund tax required by Section <br />11 of Article XTI of the Constitution of Ohio; provided, however, that in each <br />year that the assessments anticipated by said bonds are available for the payment <br />of such bonds and are appropriated for such purpose, the amount of such tax shall <br />be reduced by the amount of the assessments so appropriated. <br />Section 5. Said tax shall be and is hereby ordered computed, certified, <br />levied and extended upon the tax duplicate and collected by the same officers, <br />in the same manner and at the same time that taxes for general purposes for each <br />of said years are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof. The <br />funds derived from said tax levy hereby required shall be placed in a seperate <br />and distinct fund, which, together with the interest collected on the same shall <br />be irrevocably pledged for the payment of principal and interest on said bonds <br />when and as the same fall due. <br />Section 6. That all installments of said assessments and all portions <br />thereof, together with interest thereon, shall be applied to the payment of said <br />bonds and interest as the same shall become due and for no other purpose whatso- <br />ever . <br />Section 7. Said bonds shall be first offered at par and accrued inter- <br />est to the officer in charge of the Bond Retirement Fund in his official capacity <br />and if said officer refuses to take any or all of said bonds, then said bonds not <br />so taken shall be advertised for public sale and sold in the manner provided by <br />law. The proceeds from the sale of said bonds, except the premium and accrued <br />interest thereon, shall be used for the purpose aforesaid and for no other purpose <br />and shall be allocated to the improvements herein described. The premium and ac- <br />crued interest received from such sale shall be transferred to the Bond Retire- <br />ment Fund to be applied to the payment of the principal and interest of said <br />bonds in the manner provided by law. <br />The City hereby 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 the <br />debt is incurred, so that they will not constitute arbitrage bonds under Section <br />103(c) of the Internal Revenue Code and the regulations prescribed under that <br />section. The Director o~-Eina.nce.3.s authorized and directed to give an appropriate <br />certificate on behalf of the City, for inclusion in the transcript of proceedings, <br />setting forth the facts, estimates and circumstances and reasonable expectations <br />pertaining to said Section 103(c) and regulations thereunder. <br />
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