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09-77 BAN - indoor ice rink
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09-77 BAN - indoor ice rink
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Last modified
5/14/2013 3:05:32 PM
Creation date
8/21/2003 11:08:03 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
2/22/1977
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- 2 <br /> <br /> Section 5. That such notes 'shall. be executed by the Mayor and <br />Director of Finance and bear the seal of the corporation. They shall be <br />payable at the office of the Director of FJn.~nce, C'fty Hail, La]<ewood, Ohio, <br />and shall expres;~ upon their faces the purpose for which they are issued <br />and that they are issued pursuant to this ordinance. <br /> <br /> Section 6. Subject to the rejection of said notes By the Director <br />of Finance for investment in the Bond Retirement Fund, said notes shall be <br />sold at the par value thereof by the Director of Finance at an interest rate <br />or rates not exceeding that specified in Section 4 of this ordinance and in <br />accordance with the best interests and wel'fare of the City; and the Director of <br />Finance is hereby authorized and directed to deliver said notes, when executed, <br />to the origi~w~l purchaser or purchasers thereof upon payment of thc purchase <br />price. The proceeds of such sale shall be paid into the proper fund and used <br />for the purpose for which said notes are being issued under the provisions of <br />this ordinance. <br /> <br /> The City hereby covenants that it will restrict the use of the pro- <br />ceeds of the notes in such manner and to such extent, if any, as may be necessarh' <br />after taking into account reasonable expectations at the time of note issuance, <br />so that they will not constitute arbitrage bonds under Section 103(c) of the <br />Internal Revenue Code and the regulations prescribed under that section. The <br />Director of Finance as fiscal officer or any other officer, including the Clerk <br />of Council, having responsibility with respect to the issuance of these notes <br />is authorized and directed to give .an appropriate certificate on behalf of the <br />City, for inclusion in the transcript of proceedings, setting forth the facts, <br />estimates and circumstances and reasonable expectations pertaining to said Sec- <br />tion 103(c) and regulations thereunder. <br /> <br /> Section 7. Said notes shall be the full. general obligations of the <br />City of Lakewood and the full-faith, credit and revenue of said City are hereby <br />pledged for the prompt payment of the same. The par value to be received from <br />the sale of the bonds anticipated by said notes and any excess funds resulting <br />from the issuance of said notes shall, to the extent necessary, be used only for <br />the retirement of said notes at maturity, together with ~he interest thereon, <br />and is hereby pledged for such purpose. <br /> <br /> Section 8. During the years while such notes run, there shall be <br />levied on ali. the taxable property in th~ City of Lakewood, in addition to <br />all other taxes, a d~rect tax annually not less than that which would have <br />been levied if bonds had been issued without tile prior issue of such notes. <br />Said tax shall be and is hereby ordered computed, certified, levied and <br />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 of each of <br />said years are certified, extended and collected. Said tax shall be placed <br />before and in preference to all other items and for the full amount thereof. <br />The funds derived from said tax levies hereby required shall be placed in a <br />separate and distinct fund which, together with the inter~st collected on the <br />same shall be irrevocably pledged for the payment of the principal and interest <br />of said notes or tile bo~ds in anticipation of which they are issued, when and <br />as the same falls due. <br /> <br /> Section 9. It is hereby determined and recited that all acts, <br />conditions and things necessary to be done precedent to and in the issuing <br />of said notes in order to make them legal, va].id and binding obligations <br />of the City of Lakewood, have been done and performed in regular and due <br />form as requJr~d by law; and that no limitation of indebtedness or taxation, <br />either statutory or constitutional, will have been exceeded in the issuance of <br />said notes. <br /> <br /> <br />
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