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79-059 Ordinance
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79-059 Ordinance
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1/15/2014 2:38:52 PM
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North Olmsted Legislation
Legislation Number
79-059
Legislation Date
5/15/1979
Year
1979
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<br />CITY OF N H OLMSTED <br />ORDINANCE?. 79-59 <br />? <br />- 2 - <br />centum (8X) per annum, as maq be fixed by the Director of Finance in his <br />award of said notes at private sale. Such notes shall be dated June 8, 1979, <br />shall mature on June 6, 1980, and shall be in such deaominations as may be <br />requested bq the purchaser. <br />Section 5. Such notes shall be signed by the Mayor and Director <br />of Finance and bear the seal of the corporatioa. They shall be payable in <br />Federal Reserve funds of the Uaitsd States of America at the main office of <br />National City Bank, Clcveland, Ohio, and shall express upoa their face the <br />purpose for which they are issued and that they are issued pursuant to this <br />ordinance. <br />Section 6. Subject to tha rejection of such notes by the Director <br />of Finance for investment in the Bond Retirement Ftmd, such notes sha].1 be <br />sold by the Director of Finance at private sale at an interest rate aot in <br />excess of that specified in Section 4. The proceeds from such sale, except <br />anq premium and accrued interest, shall be paid into the proper fund and used <br />for the purpose aforesaid and for ao other purpose. Any premium and accrued <br />interest shall be deposited in the Bond Retirement Fuad. <br />The City hereby covenants that it will restrict the use of the pro- <br />ceeds of the notes iu such manner and to such extent, if any, as may be nec- <br />essary, after taking into account reasonable expectations at the time the debt <br />is incurred, so that they will not constitute arbitrage bonds under Sectioa 103(c) <br />of the Internal Revenue Code and the regulatioas prescribed under that section. <br />The Director of Finance is authorized aad directed to give an appropriate cer- <br />tificate on behalf of the City, for inclusioa in the transcript of proceedings, <br />setting forth the facts, estimates and circumstaaces and reasonable expectations <br />pertaining to said Section 103(c) and regulations thereuader. <br />Section 7. Said notes shall be the full general obligations of the <br />City and the full faith, credit aad revenue of said Citq are hereby pledged for <br />the prompt paymeat of the same. The par value to be received from the sale of <br />the bonds anticipated by said notes and auy excess funds resultiag from the is- <br />suance of said notes shall to the extent necessarq be used oaly for the retire- <br />ment of said notes at maturity, togather with interest thereon, and is hereby <br />pledged for such purpose. <br />Section 8. During the year or years while such notes run there shall <br />be levied on all the taxable propertq in said City, in addition to all other <br />taxes, a direct tax annually not less than that which would have been levied <br />if bonds had been issued therefor without the prior issue of said notes. <br />Said tax shall be aad is hereby ordered computed, certified, levied <br />and eactended upon the tax duplicate aad collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes for each of <br />said years are certified, entended aad collacted. Said tax shall be placed <br />before and in preference to all other item and for the full am?unt thereof. <br />The funds derived from said tax levies hereby requized shall be placed in a <br />separate and distinct fund, which, together with the iaterest collected on the <br />same, shall be irrevocably pledged for the payment of the principal and interest <br />of said notes or the bonds in aaticipatioa of which theq are issued when and as <br />the sanme falls due. <br />Section 9. The Clerk is hereby directed to forward a certified copy <br />of this ordinaace to the Countq Auditor. <br />Section 10. It is found and determi.ned that all formal actions of <br />this Council concerning and relatiag to the passage of this ordinance were <br />adopted in an open meeting of this Council, and that all deliberations of this <br />Council and of any of ita committass that resulted in such formal action, were <br />in meeting opea to the public, in compliance with all legal requirements in- <br />cluding Section 121.22 of the Ohio Revised Code.
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