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2025-031 Ordinance
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2025-031 Ordinance
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Last modified
5/12/2025 11:42:05 AM
Creation date
5/9/2025 2:52:12 PM
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North Olmsted Legislation
Legislation Number
2025-031
Legislation Date
5/7/2025
Year
2025
Legislation Title
Parks and Rec Bond 1st Rollover
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Section T Aonfcation ofNotce Proceeds. The proceeds from the sale of the Notes, except <br />any premium and accrued interest, shall be paid into a separate fund of Us City established for the <br />purpose sn forth in Section 1 pursuant to Sections 5705.09 and 5905.10 of do Revised Code, and <br />those proceeds are appropriated and shall be used for than purpose. The expenditure of those <br />proceeds for that purpose, including, without limitation, for Bouncing 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 assented interest shall he paid bean the Bond Retirement Fund. <br />Section 8. Analwai on and Pledge of Bond or Renewed Note Proceeds or Excess Funds. <br />The par value m be reserved l om the sale of the Bonds or of any renewal notes and any excess <br />funds resulting from the issuance of the Notes shall, to the eaten necessary, be used m pay the debt <br />charges on the Notes at maturity ared are pledged fix that purpose. <br />Section 9. Provisions for Tax Levu. During the year or years in which the Notes are <br />outstanding there shall he levied on all the taxable property in the City, in addition to WI other <br />taxes, the same tax tint would have been levied if the Bonds had been issued without the prior <br />issuance of the Notes. The tax shall he within the 11.1-mill limitation provided by the Charter of <br />the City, shall he and is ordered computed, certified. levied and extended upon the tax duplicate and <br />collated by the same officers, in the same meaner, and at the same time that taxes for general <br />purposes for each of grow years are certified, levied, extended and collected, end shall be placed <br />before and in preference to WI other items and for the fill amount thereof The ptocceds of the cox <br />levy shall he placed in the Bond Retirement Fund which is irevocably pledged for the paymern of <br />the debt charges on the Notes or the Bonds when and as the same fall due. <br />In each year the amount of the tax shall be reduced by the amount of lawfully available <br />municipal income taxes appropriated and to be applied to the payment of the debt charges on the <br />Bonds in compliance with the following covenant. To the extent necessary, the debt charges on the <br />Bonds shall be good from municipal income tares lawfully available therefor under the Constitution <br />and laws of the State of Ohio and the Charter of to: City; and the City hereby covenants, subject <br />and pursuanLL to such authority, Including particularly Sections 133.05(B)(7) and 5705.5 BA)(5) and <br />(D) of the Revised Code, to appropriate annually how such municipal income taxes such amounts, <br />all to continue m levy and collect such municipal income taxes in such amounts, as are necessary <br />to meet such aunuW debt charges. Nothing in this moon many way diminishes the irrevocable <br />pledge of the fall f 'lh and credit and general property taxing power of the City to the prompt <br />payment ofthe debt charges on the Bonds. <br />Section 10. Federal Tax Cmsidemtions. The City covenants that it will use, and will <br />restrict the use and mvesmment of, the proceeds of the Noms in such maunn and on such extent as <br />may be necessary an that (a) the Notes will not (i) commune private activity bonds or arbihage <br />bonds under Sections 141 or 148 of the hummed Revenue Code of 1986, as ameMed (the Code) or <br />(ii) be treated other than as bonds the interest an which is excluded from gross income under <br />Section 103 of the Code, and du the interest on the Notes wli not be an item of tax preference <br />under Section 57 of the Cade. <br />The City fuller covenants that (a) it will fake or cause f be ashen such actions that my be <br />reunited of it for the interest on the Notes to be and remem excluded from gross income for federal <br />income tax purposes, (b) it will not tyke or autlwve to be mken any actions that would adversely <br />-6- <br />
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