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2016-105 Ordinance
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2016-105 Ordinance
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8/14/2017 10:39:44 AM
Creation date
11/8/2016 10:40:27 AM
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North Olmsted Legislation
Legislation Number
2016-105
Legislation Date
11/3/2016
Year
2016
Legislation Title
Bonds Sanitary Sewerage System Improvements
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bidding, purchase and delivery of such obligations for, and any related structuring of, the Escrow <br />Fund, execute such instruments as are deemed necessary to engage such services for such purpose, <br />and provide further for the payment of the cost of obtaining such services, except to the extent paid <br />by the Original Purchaser in accordance with the Purchase Agreement, from the proceeds of the <br />Bonds to the extent available and otherwise from any other funds lawfully available and that are <br />appropriated or shall be appropriated for that purpose. Any actions heretofore taken by any of those <br />officers in connection with the foregoing are hereby ratified and approved. <br />If the City determines to fund or refund other outstanding unvoted general obligation <br />bonds (collectively, the Other Refunded Obligations) contemporaneously with the refunding of the <br />Refunded Bonds, the proceeds from the sale of bonds and other funds necessary and sufficient for <br />that purpose may be deposited in the Escrow Fund and commingled and invested with the proceeds <br />of the Bonds and other funds necessary and sufficient for the refunding of the Refunded Bonds. In <br />that event, the Escrow Fund shall be held and maintained by the Escrow Trustee in trust for the <br />registered owners of the Refunded Bonds and the Other Refunded Obligations and pledged to the <br />payment of principal of and interest and any redemption premium on the Refunded Bonds and the <br />Other Refunded Obligations. <br />Section 10. Application of Proceeds. The proceeds from the sale of the Bonds shall be <br />applied as follows: (i) proceeds in the amount required, together with any funds on deposit in the <br />Bond Retirement Fund for the payment of debt charges on the Refunded Bonds determined by the <br />Director of Finance to be applied for the purpose, to provide for the defeasance of the Refunded <br />Bonds shall be paid into the Escrow Fund as provided in Section 9, (ii) any proceeds to be used for <br />the payment of any expenses properly allocable to the refunding of the Refunded Bonds or the <br />issuance of the Bonds, as determined by the Director of Finance, shall be paid into the proper fund <br />or funds and applied for that purpose and (iii) any proceeds representing accrued interest and any <br />other remaining proceeds shall be paid into the Bond Retirement Fund. The proceeds from the sale <br />of the Bonds (except any accrued interest) are appropriated and shall be used for the purpose for <br />which the Bonds are being issued. <br />Section 11. Provisions for Tax Levy. There shall be levied on all the taxable property <br />in the City, in addition to all other taxes, a direct tax annually during the period the Bonds are <br />outstanding in an amount sufficient to pay the debt charges on the Bonds when due, which tax shall <br />not be less than the interest and sinking fund tax required by Section 11 of Article XII of the Ohio <br />Constitution. The tax shall be within the 11.1 -mill limitation provided by the Charter of the City, <br />shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected <br />by the same officers, in the same manner and at the same time that taxes for general purposes for <br />each of those years are certified, levied, extended and collected, and shall be placed before and in <br />preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be <br />placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt <br />charges on the Bonds when and as the same fall due. In each year to the extent revenue from the <br />City's sanitary sewer system is available for the payment of the debt charges on the Notes and <br />Bonds and is appropriated for that purpose, the tax shall be reduced by the amount of revenue so <br />available and appropriated. <br />-14- <br />
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