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96-136 Ordinance
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96-136 Ordinance
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1/28/2014 10:11:49 AM
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North Olmsted Legislation
Legislation Number
96-136
Legislation Date
9/18/1996
Year
1996
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entitled to the same security and benefit under the Bond proceedings as the Bonds surrendered <br />upon that exchange or transfer. <br />(c) Book Entry System. Notwithstanding any other provisions of this ordinance, <br />if the Mayor and the Director of Finance determine in the Certificate of Award that it is in the <br />best interest of and financially advantageous to the City, the Bonds may be issued in book entry <br />form in accordance with the following provisions of this Section. <br />The Bonds may be issued to a Depository for use in a book entry system and, if and <br />so long as a book entry system is utilized, (i) the Bonds may be issued in the form of a single, <br />fully registered Bond representing each maturity and registered in the name of the Depository <br />or its nominee, as registered owner, and immobilized in the custody of the Depository; (ii) the <br />owners of book entry interests in Bonds shall not have any right to receive Bonds in the form <br />of physical securities or certificates; (iii) ownership of book entry interests in Bonds shall be <br />shown by book entry on the system maintained and operated by the Depository and its <br />Participants, and transfers of the ownership of book entry interests shall be made only by book <br />entry by the Depository and its Participants; and (iv) the Bonds as such shall not be transferable <br />or exchangeable, except for transfer to another Depository or to another nominee of a <br />Depository, without further action by the City. <br />If any Depository determines not to continue to act as a Depository for the Bonds <br />for use in a book entry system, the Director of Finance may attempt to establish a securities <br />depository/book entry relationship with another qualified Depository. If the Director of Finance <br />does not or is unable to do so, the Director of Finance, after making provision for notification <br />of the book entry interest owners by the then Depository and any other arrangements deemed <br />necessary, shall permit withdrawal of the Bonds from the Depository, and shall cause Bond <br />certificates in registered form to be authenticated by the Bond Registrar and delivered to the <br />assigns of the Depository or its nominee, all at the cost and expense (including any costs of <br />printing), if the event is not the result of City action or inaction, of those persons requesting <br />such issuance. <br />The Director of Finance is hereby authorized and directed, to the extent necessary <br />or required, to enter into any agreements, in the name and on behalf of the City, that he <br />determines to be necessary in connection with a book entry system for the Bonds, after <br />determining that the signing thereof will not endanger the funds or securities of the City and <br />after approval of the form of any such agreement by the Director of Law. <br />Section 6. Sale of the Bonds. <br />(a) To the Original Purchaser. The Bonds shall be sold at private sale to the <br />Original Purchaser at a purchase price not less than 97 % of the aggregate principal amount <br />thereof plus accrued interest on the Current Interest Bonds from their date to the Closing Date, <br />as shall be determined by the Mayor and the Director of Finance in the Certificate of Award, <br />and shall be awarded by the Mayor and the Director of Finance with and upon such other terms <br />as are required or authorized by this ordinance to be specified in the Certificate of Award, in <br />accordance with law, the provisions of this ordinance and the Purchase Agreement. The Mayor <br />and the Director of Finance are 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 City into a <br />consolidated bond issue pursuant to Section 133.30(B) of the Revised Code. <br />The Mayor and the Director of Finance shall sign and deliver the Certificate of <br />Award and shall cause the Bonds to be prepared and signed and delivered, together with a true <br />transcript of proceedings with reference to the issuance of the Bonds, to the Original Purchaser <br />-8- <br />D03: [00523. DOCS. NOR05228] BOND_ORDINANCE_COMPUTER_EQUIP_$355.
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