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74-010 Ordinance
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74-010 Ordinance
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1/15/2014 3:00:24 PM
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1/14/2014 5:38:16 AM
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North Olmsted Legislation
Legislation Number
74-010
Legislation Date
1/15/1974
Year
1974
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<br />- 2 - <br />7~- ~ ~ <br />Section 1+. For the purpose of providing the necessary funds to pay the <br />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 <br />the City of North Olmsted, in addition to all other taxes, a direct tax <br />annually during the period said bonds are to run in an amount sufficient to <br />provide funds to pay the interest upon said bonds as and when the same fall <br />due, and. also to provide a fund for the discharge of the principal of said <br />serial bonds at maturity, which tax shall not be less than the interest and <br />sinking fund tax required by Section 11 of Article XII of the Constitution <br />of Ohio; provided, however, that in each year to the extent that the income <br />from the municipal sanitary sewer system is available for the payment of such <br />bonds and is appropriated for such purpose, the amount of such tax shall. be <br />reduced by the amount of such income so available and 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 <br />each of said years are certified, extended and collected. Said tax shall be <br />placed before and in preference to all other items and for the full amount <br />thereof. The funds derived from said tax levy hereby required shall be placed <br />in a separate and distinct fund, which, together with the interest collected <br />on the same shall be irrevocably pledged for the payment of principal and <br />interest on said bonds when and as the same fall. due. <br />Section 6. Said bonds shall be first offered at par and accrued interest <br />to the officer in charge of the Bond Retirement Fund in his official capacity, <br />and if said officer refuses to take arty or all of said bonds, then said bonds <br />not so taken shall be advertised for public sale and sold in the manner pro- <br />vided by law. The proceeds from the sale of said bonds, except the premium <br />and accrued interest thereon, shall be used for the purpose aforesaid and <br />for no other purpose and be allocated to the improvement herein described. <br />The premium and accrued interest received from such sale shall be transferred <br />to the Bond Retirement Fund to be applied to the payment of the principal and <br />interest of said bonds, and in the manner provided by law. <br />The City hereby covenants that it wilt restrict the use of the proceeds <br />of the bonds in such mannex and to such extent, if any, as may be necessary, <br />after taking into account reasonable expectations at the time of the delivery <br />and payment of such bonds, so that the bonds will not constitute arbitrage <br />bonds under Section 103(d) of the Internal Revenue Code and the regulations <br />prescribed under that section. The Director of Finance is authorized and <br />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 expectations regarding the amount and use of <br />the proceeds of the bonds pursuant to said Section 103(d) and regulations <br />thereunder. <br />Section 7. The Clerk of Council is hereby authorized and directed to <br />certify a copy of this ordinance to the Auditor of Cuyahoga County, Ohio, <br />according to law. <br />Section 8. This ordinance <br />necessary for the preservation o <br />City, and .for the further reaso <br />improvement are about to mature <br />bonds authorized herein in oxder <br />this ord.i.nanee shall. take effec <br />and approval by the Mayor. <br />is hereby declared to be an emergency measure <br />f the public peace, welfare and. safety of this <br />n that the notes of this City issued for this <br />and must be retired with the proceeds of the <br />to protect the credit of this City; wherefore, <br />t and be in force iuBnediately upon its passage <br />P~ssED : ~ 197+ <br />~r` <br />ATTEST: <br />~' b=~-'fix-- <br />Nora T. Hill, Clerk of Council <br />APPROVED : l/~S'/~ <br />ph E. Christman, Mayor <br />d <br />4 ~ ai i~-~.-Q <br />Francis J. 0 Ne , esident o Council <br />' ~Cu4 //~,~~7!/ <br />
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