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79-101 Ordinance
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79-101 Ordinance
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1/15/2014 2:38:46 PM
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North Olmsted Legislation
Legislation Number
79-101
Legislation Date
7/17/1979
Year
1979
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? <br />CITY OF NO R OLMSTED <br />ORDINANCE N0. 79-101 <br />PAGE TWO. <br />bear interest at a rate not exceeding eight per centum (8%) per annum, as may be <br />fixed by the Director of Finance in his award of said notes at private sale. <br />Such notes shall be dated August 1, 1979, shall mature on August 1, 1980, and <br />shall be in such denominations as may be requested by the purchaser. <br />Section 5. Such notes shall be signed by the Mayor and Director <br />of Finance and bear the seal of the corporation. They shall be payable in <br />Federal Reserve funds of the United States of America at the main office of <br />National City Bank, Cleveland, Ohio, and shall express upon their faces the <br />purpose for which they are issued and that they are issued pursuant to this <br />ordinance. <br />Section 6. All assessments collected for the improvement aforesaid, <br />and any unexpected balance rema,ining in the i.mprovement fund after the costs <br />and expenses of said improvement haVe been paid, shall be applied to the pay- <br />ment of said notes and the interest thereon until both are fully grovided for. <br />Section 7. Subject to the rejection of such notes by the Director <br />of Finance for investment in the Bond Retirement Fund, such notes shall be <br />sold by the Director of Finance at private sale at an interest rate not in <br />excess of that specified in Section 4. The proceeds from such sale, except <br />any premium and accrued interest, shall be paid into the proper fund and used <br />for the purpose aforesaid and for no other purpose. Any premium and accrued <br />interest shall be deposited in the Bond Retirement Fund. <br />The City hereby covenants that it will restrict the use of any of <br />the proceeds of the notes in such manner and to such extent, if any, as may <br />be necessary, after taking into account reasonable expectations at the time <br />of the delivery and payment of such notes, so that the notes will not constitute <br />arbitrage bonds under Section 103(c) of the Internal Revenue Code and the <br />regulations prescribed under that section. The Director of Finance is authorized <br />and directed to give an appropriate certificate on behalf of the City, for <br />inclusion in the transcript of proceedings, setting forth the facts, estimates <br />and circumstances and reasonable e.xpectations regarding the amount and use of <br />the proceeds of the notes pursuant to said Section 103(c) and regulations <br />thereunder. <br />Section 8. Said notes shall be the full general obligations of the <br />City and the full faith, credit and revenue of said City are hereby pledged for <br />the prompt payment of the same. The par value to be received from the sale of <br />the bonds anticipated by said notes and any excess funds resulting from the is- <br />suance of said notes shall to the extent necessary be used only for the retire- <br />ment of said notes at maturity, together with interest thereon, and is hereby <br />pledged for such purpose. <br />Section 9. In the event that such assessments are not levied or <br />bonds are not issued to provide a fund for the payment of said notes at <br />maturity, a general tax shall be levied against all the taxable property <br />in said City for the payment of such notes and the interest thereon. <br />Section 10. The Clerk is hereby directed to forward a certified copy <br />of this ordinance to the County Auditor. <br />Section 11. It is Eound and determ.ined that all formal actions of <br />this Council concerning and relating to the passage o# this ordinance were <br />adopted in an open meeting of this Council, and that all del3berations of
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