57-73 BAN - Construct parking structure

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--2-- · purchaser upon payment of such purchase price. The proceeds of such sale shall be paid into the proper fund and used for the purpose for which said notes are being issued under the provisions of this ordinance. The City hereby covenants that it will restrict the use of the proceeds of the notes in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of note issuance, so that they will not constitute arbitrage bonds under Section 103(d)of the Internal Revenue Code and the regulations prescribed under that section. The Director of Finance or any other officer, includ- ing the Clerk of Council, having responsibility with respect to the issuance of these notes is authorized and directed, alone or in conjunction with any of the foregoing or with any other officer, employee or consultant of the City, to give an appropriate certificate on behalf of the City, for inclusion in the transcript of proceedings, s~tting for the facts, esti- mates and circumstances and reasonable expectations pertaining to said Section 10S(d) and regulations thereunder. The Clerk of Council shall furnish to the purchaser of the notes a true transcript of proceedings had with reference to the issuance of the notes along with such other infor- mation as is necessary or proper with respect to said notes. Section 6. Said note shall be the full general obligation of the City of Lakewood and the full faith, credit and revenue of said City are hereby pledged for the prompt payment of the same. The par value to be received from the sale of the boHds anticipated by said note and any excess funds resulting from the issuance of said notes shall, to the extent neces- sary, be used only for the retirement of said note at maturity, together with the interest thereon, and is hereby pledged for such purpose. Section 7. During the years while such notes run, there shall be levied on all the taxable property in the City of Lakewood, in addition to all other taxes, a direct tax annually not less than that which would have been levied if bonds had been issued without the prior issue of such notes. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner and at the same time that taxes for general purposes for each of? said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from said tax levies hereby required shall be placed in a separate and distinct fund which, togetherwith the interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of said notes or the bonds in anticipation of which they are issued, when and as the same falls due. Section 8. It is hereby determined and recited that all acts, conditions and things necessary to be done precedent to and in the issuing of said notes in order to make them legal, valid and binding obligations of the City of Lakewood, have been done and performed in regular and due form as required by law; and that no limitation of indebtedness or taxation, either statutory or constitutional, will have been exceeded in the issuance of said notes. Section 9. The Clerk of Council is hereby directed to forward a certified copy of this ordinance to the Cou~ty Auditor. Section 10. That this ordinance, having been declared to be an emergency measure, shall be in full force and effect from and immediately after its Da~sage and approval by the Mayor. ~ Approved: ~~ /~ ~.~ ~ VPreside~°~C°~n~l