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2019-003 Ordinance
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2019-003 Ordinance
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2/11/2019 3:51:10 PM
Creation date
2/11/2019 3:38:28 PM
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North Olmsted Legislation
Legislation Number
2019-003
Legislation Date
2/5/2019
Year
2019
Legislation Title
Refunding 2018 Street Improvements
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The Director of Finance is also hereby authorized and directed, to the extent necessary or <br />required, to enter into any agreements determined necessary in connection with the book entry <br />system for the Notes, after determining that the signing thereof will not endanger the funds or <br />securities of the City. <br />Section 6. The Notes shall be sold by the Director of Finance at private sale at a purchase <br />price not less than 100% of par plus accrued interest, in accordance with law and the provisions of <br />this ordinance. The Director of Finance shall sign the Certificate of Award referred to in Section 3 <br />specifying the aggregate principal amount of the Notes to be issued, the interest rate the Notes shall <br />bear, the final purchase price of the Notes and certain other final terms of the Notes and evidencing <br />that sale, cause the Notes to be prepared, and have the Notes signed and delivered, together with a <br />true transcript of proceedings with reference to the issuance of the Notes if requested by the original <br />purchaser, to the original purchaser upon payment of the purchase price. The Mayor, the Director <br />of Finance, the Director of Law, the Clerk of Council and other City officials, as appropriate, are <br />each authorized and directed to sign any transcript certificates, financial statements and other <br />documents and instruments and to take such actions as are necessary or appropriate to consummate <br />the transactions contemplated by this ordinance. The Director of Finance is authorized, if it is <br />determined to be in the best interest of the City, to combine the issue of Notes with one or more <br />other unvoted general obligation bond anticipation note issues of the City into a consolidated note <br />issue pursuant to Section 133.30(B) of the Revised Code. <br />If requested by the original purchaser, the Mayor and the Director of Finance are authorized <br />to sign and deliver, in the name and on behalf of the City and in their official capacities, a Note <br />Purchase Agreement between the City and the original purchaser, in substantially the form as is now <br />on file with the Clerk of Council, providing for the sale of the Notes or the consolidated issue of <br />which they are a part to, and the purchase of the Notes or the consolidated issue of which they are a <br />part by, the original purchaser. That Note Purchase Agreement is approved, together with any <br />changes or amendments that are not inconsistent with this ordinance or the Certificate of Award and <br />not substantially adverse to the City and that are approved by the Mayor, the Director of Finance <br />and the Director of Law on behalf of the City, all of which shall be conclusively evidenced by the <br />signing of the Note Purchase Agreement or amendments to that Agreement. <br />Section 7. The proceeds from the sale of the Notes, except any premium and accrued <br />interest, shall be paid into the proper fund or funds of this City, and those proceeds are appropriated <br />and shall be used for the purpose for which the Notes are being issued. The expenditure of those <br />proceeds for that purpose, including, without limitation, for financing costs as defined in Section <br />133.01 of the Revised Code, is hereby authorized and approved. Any portion of those proceeds <br />representing premium and accrued interest shall be paid into the Bond Retirement Fund. <br />Section 8. The par value to be received from the sale of the Bonds or of any renewal notes <br />and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used <br />to pay the debt charges on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are outstanding, there shall be levied <br />on all the taxable property in the City, in addition to all other taxes, the same tax that would have <br />been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall be <br />within the 11.1 -mill limitation provided by the Charter of the City, shall be and is ordered <br />
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