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92-122 Ordinance
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92-122 Ordinance
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1/20/2014 12:16:13 PM
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1/17/2014 4:57:22 AM
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North Olmsted Legislation
Legislation Number
92-122
Legislation Date
10/6/1992
Year
1992
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?.? <br />connection with the original issuance of the Bonds, and (iv) complete and sign <br />those official statements and annual information statement as so approved <br />together with such certificates, statements or other documents in connection <br />with the finality, accuracy and completeness of those official statements and <br />annual information statement. <br />Section 8. This Council hereby determines that it is necessary and <br />in the best interest of the City to advance refund the outstanding principal <br />amount of the Original Bonds and to redeem by optional redemption on December <br />1, 1997 all of the Original Bonds maturing on and after December 1, 1998 and <br />which remain outstanding on that date. Those Original Bonds shall be redeemed <br />in accordance with the provisions of the Original Bond Legislation and the <br />Escrow Agreement as defined in Section 9. <br />Section 9. National City Bank, Cleveland, Ohio, is authorized and <br />appointed to act as the escrow agent (the Escrow Agent) with respect to the <br />advance refunding of the Original Bonds and to cause notice of the optional <br />redemption on December 1, 1997 of the Original Bonds maturing on and after <br />December 1, 1998 to be given in accordance with the Original Bond Legislation <br />and the Escrow Agreement. The Mayor and the Director of Finance shall sign <br />and deliver, in the name and on behalf of the City, the Escrow Agreement <br />between the City and National City Bank, as Escrow Agent and as the paying <br />agent for the O.riginal Bonds (the Escrow Agreement) in substantially the form <br />as is now on file with the Clerk of Council. The Escrow Agreement is <br />approved, together with any changes or amendments that are not inconsistent <br />with this ordinance and not substantially adverse to the City and that are <br />approved by the Mayor and Director of Finance on behalf of the City, all of <br />which sha11 be conclusively evidenced by the signing of the Escrow Agreement <br />or amendments thereto. The Director of Finance shall provide for the payment <br />of ttie services rendered and for reimbursement of expenses incurred pursuant <br />to the Escrow Agreement from the proceeds of the Bonds to the extent available <br />and then from other money lawfully available and appropriated or to be <br />appropriated for that purpose. <br />Section 10. There is created under the Escrow Agreement a fund <br />designated the "City of North Oimsted Recreation Bonds Escrow Fund" (the <br />Escrow Fund) which shall constitute a part of the City's Bond Retirement Fund <br />and which shall be held and maintained by the Escrow Agent in trust for the <br />registered owners of the Original Bonds and pledged for the payment of <br />principal of and interest and redemption premium on the Original Bonds, all in <br />accordance with the provisions of the Escrow Agreement. The Director of <br />Finance is hereby authorized and directed to transfer to the Escrow Agent for <br />deposit in the Escrow Fund (i) all funds on deposit in the Bond Retirement <br />Fund for the payment of debt service on the Original Bonds and (ii) all of the <br />proceeds from the sale of the Bonds, except any accrued interest and any <br />proceeds to be used to pay the costs of issuance of the Bonds. Those moneys <br />are appropriated and shall be used to pay principal of and interest and <br />redemption premium on the Original Bonds, as provided in the Escrow Agreement. <br />The funds deposited in the Escrow Fund shall be (a) held in cash to the extent <br />not needed to make the investments described below and (b) invested in direct <br />obligations of, or obligations guaranteed as to payment by, the United States <br />(within the meaning of Section 133.34(D) of the Revised Code) that mature or <br />are subject to redemption by and at the option of the holder, in amounts <br />- 7 -
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