97-043 Ordinance - Laserfiche WebLink

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.., ~~..,-~ If it is determined by the Director of Finance to be advantageous to the City, the Notes may be issued as fully registered securities in accordance with Section 133.40 of the Revised Code and in book entry form in accordance with Section 9.96 of the Revised Code, with a single physical note certificate representing the entire issue (or the consolidated issue into which it is combined with one or more other note issues of the City in accordance with Section 6 of this ordinance) registered in the name of a depository or its nominee a~ deposited with and in the custody of the depository or its agent and with ownership of book entry interests in the issue being transferrable only through a book entry in a book entry system maintained by an entity other than the City to identify the owners of those book entry interests. The Director of Finance is authorized, on behalf of the City, to enter into any agreements determined to be necessary in connection with any such issuance of the Notes in book entry form after determining that the signing thereof will not endanger the funds or securities of the City and after approval of the form of such agreements by the Director of Law. Section 6. The Notes shall be sold by the Director of Finance at private sale to NatCity Investments, Inc., Cleveland, Ohio (the Original Purchaser), at a purchase price not less than 97 % of par plus accrued interest, in accordance with law and the provisions of this ordinance. The Director of Finance shall sign the Certificate of Award evidencing that sale, cause the Notes to be prepared, and have the Notes signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Notes if requested by the Original Purchaser, to the Original Purchaser upon payment of the purchase puce. The Mayor, the Director of Finance, the Clerk of Council, the Duector of Law, the Clerk of Council and other City officials, as appropriate, are each authorized and directed to sign any transcript certificates, financial statements and other documents and instruments and to take such actioffi as are necessary or appropriate to consummate the transactions contemplated by this ordinance. The Director of Finance is authorized, if it is determined to be in the best interest of the City, to combine the issue of Notes with one or more other note issues of the City into a consolidated note issue pursuant to Section 133.30(B) of the Revised Code; provided that, if the aggregate principal amount of any such consolidated note issue is $1,000,000 or more, no note of that issue shall be issued in a denomination less than $100,000 or be exchangeable for other notes in denominations less than $100,000. Section 7. The proceeds from the sale of the Notes, except any premium and accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated and shall be used for the purpose for which the Notes are being issued. Any portion of those proceeds representing premium and accrued interest shall be paid into the Bond Retirement Fund. Section 8. The par value to be received from the sale of the Bonds or of any renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used to pay the debt charges on the Notes at maturity and are pledged for that purpose. Section 9. During the year or years in which the Notes are outstanding, there shall be levied on all the taxable property in the City, in addition to all other taxes, the same tax that would have been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall be within the 11.1-mill limitation provided by the Charter of the City, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of those years are certified, levied, extended and collected, and shall be placed before and in preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Notes or the Bonds when and as the same fall due. -2-