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2020-132 Ordinance
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2020-132 Ordinance
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2/19/2021 2:36:06 PM
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North Olmsted Legislation
Legislation Number
2020-132
Legislation Date
12/22/2020
Year
2020
Legislation Title
Springvale Improvement Bonds
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for the exchange or transfer. All Bonds issued and authenticated upon any exchange or transfer <br />shall be valid obligations of the City, evidencing the same debt, and entitled to the same security <br />and benefit under the Bond proceedings, as the Bonds surrendered upon that exchange or transfer. <br />Neither the City nor the Bond Registrar shall be required to make any exchange or transfer of (i) <br />Bonds then subject to call for redemption between the 15th day preceding the mailing of notice of <br />Bonds to be redeemed and the date of that mailing, or (ii) any Bond selected for redemption, in <br />whole or in part. <br />(c) Book Entry System. Notwithstanding any other provisions of this ordinance, if the <br />Mayor and the Director of Finance determine in the Certificate of Award that it is in the best interest <br />of and financially advantageous to the City, the Bonds may be issued in book entry form in <br />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 so <br />long as a book entry system is utilized, (i) the Bonds may be issued in the form of a single, fully <br />registered Bond representing each maturity and interest rate within a maturity and registered in the <br />name of the Depository or its designated nominee, as registered owner, and deposited with and <br />retained in the custody of the Depository or its agent, which may be the Bond Registrar; (ii) the <br />owners of book entry interests in Bonds shall have no right to receive Bonds in the form of physical <br />securities or certificates; (iii) ownership of book entry interests in Bonds shall be shown by book <br />entry on the system maintained and operated by the Depository and its Participants, and transfers of <br />the ownership of book entry interests shall be made only by book entry by the Depository and its <br />Participants; and (iv) the Bonds as such shall not be transferable or exchangeable, except for transfer <br />to another Depository or to another nominee of a Depository, without further action by the City. <br />If any Depository determines not to continue to act as a Depository for the Bonds for use <br />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 of the <br />book entry interest owners by the then Depository and any other arrangements deemed necessary, <br />shall permit withdrawal of the Bonds from the Depository, and shall cause bond certificates in <br />registered form to be authenticated by the Bond Registrar and delivered to the assigns of the <br />Depository or its nominee, all at the cost and expense (including any costs of printing), if the event <br />is not the result of City action or inaction, of those persons requesting such issuance. <br />The Mayor and the Director of Finance are each also hereby authorized and directed to <br />the extent necessary or required to enter into any agreements, in the name and on behalf of the City, <br />that either 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. <br />Section 6. Sale of the Bonds. <br />(a) To the Original Purchaser. The Bonds shall be awarded and sold by the Mayor and <br />the Director of Finance to the Original Purchaser at private sale at a purchase price not less than <br />97% of the aggregate principal amount thereof plus any accrued interest on the Current Interest <br />Bonds from their date to the Closing Date, as shall be determined by the Mayor and the Director of <br />Finance in the Certificate of Award, and with and upon such other terms as are required or <br />-12- <br />
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