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67-73 BAN - property owners portion to improve certain streets
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67-73 BAN - property owners portion to improve certain streets
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Last modified
5/14/2013 3:07:12 PM
Creation date
9/9/2003 6:06:42 AM
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Office Of Council
Document Type
Ordinances
Date
9/9/2003
Date Adopted
9/17/1973
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Section 5. That ~uch note shall be executed by the Mayor and <br />Director of Finance and bear the seal of the corporation. It shall be pay- <br />able at the office of the Director of Finance, City Hall, Lakewood, Ohio, <br />and shall express upon its face the purpose for which it is issued and that <br />it is issued pursuant to this ordinance. <br /> <br /> Section 6. Ail assessments collected for the improvement afore- <br />said, and any unexpende& balance remaining in the improvement fund after <br />the costs and expenses of said improvements have b~en paid, shall be applied <br />to the payment of said note and the interest thereon until both are fully <br />provided for. <br /> <br /> Section 7. Subject to the rejection of said note by the Director <br />of Finance for investment in the Bond Retirement Fund, said note shall be <br />sold by the Director of Finance at an interest rate not to exceed the rate <br />specified in Section 4 of this ordinance; and the Director of Finance is <br />hereby authorized and directed to deliver said note, when executed to said <br />purchaser upon payment of such purchase price. The proceeds of such sale <br />shall be paid into the proper fpnd and uSed for the purpose for which said <br />note is being issued under the provision of this ordinance. <br /> <br /> Section 8. Said note shall be the full general obligation of the <br />City of Lakewo0d and the full faith, credit and revenue of said City are <br />hereby pledged for the prompt payment of the same. The par value to be re- <br />ceived from the sale of the bonds anticipated by said note and any excess <br />funds resulting from the issuance of said note at maturity, together with <br />interest thereon, and is hereby pledged for such purposes. <br /> <br /> · he City hereby covenants that it will restrict'the use of the <br />proceeds of the note in such manner and to such extent, if any, as may be <br />necessary, after t~king into account reasonable expectations at the time <br />of note issuance, so that it will not constitute arbitrage bonds under <br />Section 10B(d) of the Internal Revenue Code'and the regulations prescribed <br />under that section. The Director of Finance or any other officer, includ- <br />ing the Clerk of Council, having responsibility with respect to the issu- <br />ance of this note is authorized and directed, alone or in conjunction with <br />any of the foregoing or with any other officer, employee or consultant of <br />the City, to give an appropriate certificate on behalf of the City, for <br />inclusion in the transcript of proceedings, setting forth the facts, esti' <br />mates and circumstances and reasonable expectations pertaining to said <br />Section 103(d) and regulations thereunder. The Clerk of Council shall <br />furnish to the purchaser of the note a true transcript of proceedings, <br />certified by her, of all proceedings had with reference to the issuance <br />of the note along with such other information as is necessary or proper <br />with respect to said note. <br /> <br /> Section 9. In the event that such assessments are not levied or <br />bonds are not issued to provide a fund for the payment of said note at <br />maturity, a general tax shall be levied against all of the property in said <br />City for the payment of such note and the interest thereon; provided how- <br />ever, that during the year or years while such note runs there shall be <br />levied on all the taxable property in said City, in addition to all other <br />taxes, a direct tax annually not less than that which would have been levied <br />for the City's portion of said note, if bonds ha~ been i~fued therefor with- <br />out the prior issue of said notes. <br /> <br /> Said tax shall be and is hereby ordered computed, certified, levied <br />and extended upon the tax duplicate and collected by the same officers, in the <br />same manner and at the same time that taxes for general purposes for each of <br /> <br /> <br />
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