68-76 BAN - Owners portion - improve certain streets

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Section 5. That such notes shall be executed by the Mayor and D~- rector of Finance and bear the seal.of the corporation. They shall be pay- able at the office of the Director of Finance, City ~!all, Lakewood, Ohio, and shall express upon their faces the purpose for which they are issu'ed and that they are issued pursuant to this ordinance. Section 6. Ail assessments collected for the improvement afore- sai~, and any unexpended baiance remaining in the improvement fund after the costs and expenses of said improvements hav.e been paid, shall be applied to the payment of said notes and the interest thereon until both are fully pro- vided for. Section 7. Subjec~t to the rejection of said notes by. the Director of Finance for investment in the Bond Retirement Fund, said notes shall be sold at the par value thereof by the Director of Finance at an interest rate or rates not exceeding that specified in Section 4 of this ordinance and in accordance with the best interests and welfare of the City; and the Director of Finance is hereby authorized and directed to deliver said notes, when executed, to the original purchaser or purchasers thereof upon payment of the 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 as fiscal officer or any other officer, including the Clerk of Council, having responsibility with respect to the issuance of these notes is authorized and directed to give an appro- priate certificate on behalf of the City, for inclusion in the transcript of proceedings, setting forth the ,facts, estimates and circumstances and reasonable expectations pertaining to said Section 103(d) and regulations thereunder. Section 8. Said notes shall be the full general obligations 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 bonds anticipated by said notes and any excess funds resulting from the issuance of said notes shall, to the ex- tent n~cessary, be used only for the retirement of said notes at maturity, together with the interest thereon, and is hereby pledged for such purpose. Section 9. In the event that such assessments are not levied or bonds are not issued to provide a fund for the payment of said notes at ma- turity, a general tax shall be levied against all of the property in said City for the payment of such ~otes and the interest thereon; provided, how- ever, that during the year or years while such notes run there shall be levied'on all the taxable property in said City, in addition to all other taxes, adirect tax annually not less than that which would have been levied for the City's portion of said notes, if bonds had been issued therefor without the prior issue of said notes. Said tax shall be and is hereby ordered computed, certDfied, 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 b~ placed in a separate and distinct fund, whi'ch, together with 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 tile same fall due. Section 10o It ~s hereby determined an recited that all acts, conditions and th~ngs 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 tile issuance of said notes.~ -