|
that sale, shall cause the Notes to be prepared, and shall have the Notes signed and delivered,
<br />together with a true transcript of proceedings with reference to the issuance of the Notes if requested
<br />by the original purchaser, to the original purchaser upon payment of the purchase price. The Mayor,
<br />the Director of Finance, the Director of Law, the Clerk of Council and other City officials, as
<br />appropriate, are each authorized and directed to sign any transcript certificates, financial statements
<br />and other documents and instruments and to take such actions as are necessary or appropriate to
<br />consummate the transactions contemplated by this ordinance. The Director of Finance is
<br />authorized, if it is determined to be in the best interest of the City, to combine the issue of Notes
<br />with one or more other unvoted general obligation bond anticipation note issues of the City into a
<br />consolidated note issue pursuant to Section 133.30(B) of the Revised Code; provided that, if the
<br />aggregate principal amount of the consolidated issue is $1,000,000 or more, no note of that issue
<br />shall be issued in a denomination less than $100,000 or be exchangeable for other notes in
<br />denominations less than $100,000.
<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 />computed, certified, levied and extended upon the tax duplicate and collected by the same officers,
<br />in the same manner, and at the same time that taxes for general purposes for each of those years are
<br />certified, levied, extended and collected, and shall be placed before and in preference to all other
<br />items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond
<br />Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Notes or
<br />the Bonds when and as the same fall due.
<br />
|