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2020-134 Ordinance
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2020-134 Ordinance
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North Olmsted Legislation
Legislation Number
2020-134
Legislation Date
12/22/2020
Year
2020
Legislation Title
Computer Equipment Bonds
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the original issuance of the Bonds, and (iv) complete and sign the final official statement and any <br />supplements thereto, together with such certificates, statements or other documents in connection <br />with the finality, accuracy and completeness of those official statements and any supplements as <br />they may deem necessary or appropriate. <br />(c) Agreement to Provide Continuing Disclosure. For the benefit of the holders <br />and beneficial owners from time to time of the Bonds, the City agrees to provide or cause to be <br />provided such financial information and operating data, audited financial statements and notices <br />of the occurrence of certain events, in such manner as may be required for purposes of the Rule. <br />The Mayor and the Director of Finance are authorized and directed to complete, sign and deliver <br />the Continuing Disclosure Agreement, in the name and on behalf of the City and in their official <br />capacities, in substantially the form as is now on file with the Clerk of Council. The Continuing <br />Disclosure Agreement is approved, together with any changes or amendments that are not <br />inconsistent with this ordinance and not substantially adverse to the City and that are approved <br />by the Mayor, the Director of Finance and Director of Law on behalf of the City, all of which <br />shall be conclusively evidenced by the signing of the Continuing Disclosure Agreement. <br />The Director of Finance is further authorized and directed to establish procedures <br />in order to ensure compliance by the City with its Continuing Disclosure Agreement, including <br />timely provision of information and notices as described above. Prior to making any filing <br />required under the Rule, the Director of Finance shall consult with and obtain legal advice from, <br />as appropriate, the Director of Law and bond counsel or other qualified independent special <br />counsel selected by the City. The Director of Finance, acting in the name and on behalf of the <br />City, shall be entitled to rely upon any such legal advice in determining whether a filing should <br />be made. The performance by the City of its Continuing Disclosure Agreement shall be subject <br />to the annual appropriation of any funds that may be necessary to perform it. <br />(d) Application for Rating or Bond Insurance, Financing Costs. If, in the judgment of <br />the Mayor or the Director of Finance, the filing of an application for (i) a rating on the Bonds by one <br />or more nationally recognized rating agencies, or (ii) a policy of insurance from a company or <br />companies to better assure the payment of principal of and interest on all or a portion of the Bonds, <br />is in the best interest of and financially advantageous to this City, the Mayor or the Director of <br />Finance may prepare and submit those applications. The Director of Finance is also authorized to <br />provide to each such agency or company such information as may be required for the purpose. If, in <br />their judgment, it is in the best interest of and financially advantageous to the City, the Mayor or the <br />Director of Finance may accept a commitment for insurance issued by a nationally recognized <br />municipal bond insurance company insuring the payment when due of the principal of and interest <br />on all or any portion of the Bonds. The Mayor or the Director of Finance may to enter into any <br />agreements, on behalf of and in the name of the City, that they determine to be necessary or <br />required to obtain such ratings or insurance, which agreements may be included in the Registrar <br />Agreement. <br />The expenditure of the amounts necessary to secure any such rating or ratings on the <br />Bonds and any such policy and to pay the other financing costs (as defined in Section 133.01 of the <br />Revised Code) in connection with the Bonds, to the extent not paid by the Original Purchaser in <br />accordance with the Purchase Agreement, is authorized and approved, and the Director of Finance <br />is authorized to provide for the payment of the cost of obtaining each such rating, any such policy <br />and all such other financing costs, except to the extent paid by the Original Purchaser in accordance <br />-10- <br />
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