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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2001- 38 <br />BY: Councilmember McKay <br />AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS <br />IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT $152,000 FOR THE <br />PURPOSE OF ADVANCE REFUNDING AT A LOWER INTEREST COST <br />THE $136,000 OF OUTSTANDING JUDGMENT BONDS, SERIES 1992, THAT <br />ARE STATED TO MATURE ON DECEMBER 15, 2012 AND WERE ISSUED <br />AS A PART OF THE CONSOLIDATED ISSUE OF VARIOUS PURPOSE <br />BONDS, SERIES 1992, DATED AS OF DECEMBER 1, 1992, TO PAY COSTS <br />OF THE JUDGMENT RENDERED AGAINST THE CITY IN CIVIL ACTION <br />NUMBER C82-3089 IN THE UNITED STATES DISTRICT COURT FOR THE <br />NORTHERN DISTRICT OF OHIO, EASTERN DIVISION, AND LOSSES, <br />DAMAGES AND EXPENSES RELATED THERETO; AUTHORIZING AND <br />DIRECTING THE CALL FOR OPTIONAL REDEMPTION ON DECEMBER <br />15, 2002 OF ALL OF THE REFUNDED BONDS; AUTHORIZING THE <br />EXECUTION AND DELIVERY OF A BOND REGISTRAR AGREEMENT <br />AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE <br />REFUNDING BONDS AND AN ESCROW AGREEMENT WITH RESPECT TO <br />THE ADVANCE REFUNDING OF REFUNDED BONDS; AND DECLARING <br />AN EMERGENCY. <br />WHEREAS, pursuant to Ordinance No. 92-117, passed by this Council on October 6, <br />1992, and the related certificate of award dated November 25, 1992, signed by the Director of <br />Finance pursuant thereto (collectively, the Original Bond Legislation), the City issued its $206,000 <br />Judgment Bonds, Series 1992 (the Original Bonds), as part of a consolidated issue of $11,085,000 <br />Various Purpose Bonds, Series 1992, dated as of December 1, 1992, to pay costs of the judgment <br />rendered against the City in the Civil Action Number C82-3089 in the United States District Court <br />for the Northern District of Ohio, Eastern Division, and losses, damages and expenses related <br />thereto; and <br />WHEREAS, this Council finds and determines that it is necessary and in the best interest <br />of the City (i) to advance refund at a lower interest cost the $136,000 of the Original Bonds now <br />outstanding that are stated to mature on December 15, 2012 ( the Refunded Bonds), (ii) to exercise <br />the City's option to call those Refunded Bonds for optional redemption on December 15, 2002, and <br />(iii) to authorize the issuance and sale of the Bonds described in Section 2 to provide for that <br />refunding and call; and <br />WHEREAS, the Director of Finance, as fiscal officer of this City, has certified to this <br />Council that the maximum maturity of the Bonds described in Section 2 is at least December 15, 2012, <br />the final maturity of the Refunded Bonds; <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North Olmsted, <br />Cuyahoga County, Ohio, that: