..,.... -:...,..?..ww.??i?. . ,w,..,.. .... _.. . :.? ,...<.,...,..,. ..-.. . ...w..<si. ...www.wvu?.. .a:......-...m.,....-.-....u....,,...,?sw.1,_ .... .. ...... . .:....,,,.,- , _. +.....:,.o».., . ._.... _.. .
<br />n? ?h4
<br />transferable or exchangeable, except for transfer to another Depository or to
<br />another nominee of a Depository, without further action by the City; and (v)
<br />the Director of Finance shall act as Bond Registrar in accordance with Section
<br />4.
<br />If any Depository determines not to continue to act as a Depository
<br />for the Bonds for use in a book entry system, the Director of Finance may
<br />attempt to establish a securities depository/book entry relationship with
<br />another qualified Depository. If the Director of Finance does not or is
<br />unable to do so, the Director of Finance, after making provision for
<br />notification of the beneficial owners by the then Depository and any other
<br />arrangements deemed necessary, shall permit withdrawal of the Bonds from the
<br />Depository, and authenticate and deliver bond certificates in registered form
<br />to the assigns of the Depository or its nominee, all at the cost and expense
<br />(including any costs of printing), if the event is not the result of City
<br />action or inaction, of those persons requesting such issuance.
<br />The Director of Finance is also hereby authorized and directed to the
<br />extent necessary or required to enter into any agreements determined necessary
<br />in connection with the book entry system for the Bonds, after determining that
<br />the signing thereof wiil not endanger the funds or securities of the City and
<br />after the approval of the form of any such agreement by the Director of Law.
<br />Section 7. The Bonds are sold at private sale to National City Bank
<br />(the Original Purchaser) at not less than 97% of par plus any accrued interest
<br />from the date of the Bonds to the date of delivery to the Original Purchaser,
<br />and shall be awarded by the Director of Finance with the final purchase price,
<br />aggregate principal amount, interest rate or rates, serial maturities and
<br />Mandatory Sinking Fund Requirements as set forth in the Certificate of Award,
<br />all in accordance with law, the provisions of this ordinance and the Bond
<br />Purchase Agreement between the City and the Original Purchaser (the Bond
<br />Purchase Agreement). The Director of Finance shall also determine in the
<br />Certificate of Award the date of the Bonds, if other than October 15, 1992,
<br />and whether the Bonds shall be issued in book entry form. The Director of
<br />Finance is authorized, if it is determined to be in the best interest of the
<br />City, to combine the issue of Bonds with one or more other bond issues of the
<br />City into a consolidated bond issue pursuant to Section 133.30(B) of the
<br />Revised Code (the Consolidated Bonds).
<br />The Mayor and the Director of Finance shall sign and deliver, in the
<br />name of and on behalf of the City, the Bond Purchase Agreement in substan-
<br />tially the form as is now on file with the Clerk of Council. The Bond
<br />Purchase Agreement is approved, together with any changes or amendments that
<br />are not inconsistent with this ordinance or the Certificate of Award and not
<br />substantially adverse to the City and that are approved by the Mayor and the
<br />Director of Finance on behalf of the City, all of which shall be conclusively
<br />evidenced by the signing of the Bond Purchase Agreement or amendments to the
<br />Bond Purchase Agreement.
<br />The Director of Finance shall cause the Bonds to be prepared and
<br />signed and delivered, together with a true transcript of proceedings with
<br />reference to the issuance of the Bonds, to the Original Purchaser upon payment
<br />- 9 -
|