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17-79 BAN for rec center
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17-79 BAN for rec center
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Last modified
5/14/2013 3:05:08 PM
Creation date
8/21/2003 9:49:04 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
2/5/1979
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- ? _ <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 Finance, City Hall, Lakewood, Ohio, <br />and shall express 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 <br />rate or rates not exceeding that specified in Section 4 of this ordinance <br />and in accordance with the best interests and welfare of the City; and the <br />Director of Finance is hereby authorized and directed to deliver said notes, <br />when executed, to the original purchaser or purchasers thereof upon payment <br />of the purchase price. ~e proceeds of such sale shall be paid into the <br />proper fund and used for the purpose for which said notes are being issued <br />under the provisions of this ordinance. <br /> <br /> The City hereby covenants that it will restrict the use of the <br />proceeds of said notes in such manner and to such extent, if any, as may be <br />necessary, after taking into account reasonable expectations at the time <br />of the delivery of and payment for said notes, so that said notes will not <br />constitute arbitrage bonds tmder Section 103(c) of the Internal Revenue <br />Code and the applicable income regulations under that Section. The fiscal <br />officer or any other officer, including the Clerk of Council, having <br />responsibility for-issuing said notes is authorized and directed, alone or <br />in conjunction with any. of the foregoing or with any other officer, employee, <br />or consultant of the City, to give an appropriate certificate of the City, <br />for inclusion in the transcript of proceedings, setting forth tile reasonable <br />expectations of the City regarding the amount and use of all such proceeds <br />and the facts and estimates on which they are based, all as of the date of <br />delivery and payment for said notes. <br /> <br /> Section 7. Said notes shall be the full general obligations of <br />the City of Lakewood and the full faith, credit and revenue of said City <br />are hereby pledged for the prompt payment of the same. The par value to be <br />received from the sale of the bonds anticipated by said notes and any ex-- <br />ces~ funds resulting from the issuance of said notes shall, to tile extent <br />necessary, be used only for the retirement of said notes at maturity, to- <br />gether with the interest thereon, and is hereby pledged for such purpose. <br /> <br /> Section 8. During the years while such notes run, there shall be <br />levied on all the taxable property in the City of Lakewood, in addition to <br />all other 'taxes, a direct tax annually not less than that which would have <br />been levied if bonds had been issued without the 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 interest collected on <br />the same shall be irrevocably pledged for the payment of the principal and <br />interest of said notes or the bonds in anticipation of which they are <br />issued, when and as the same falls du~. <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, valid and binding obligations <br />of the City of Lakewood, have been done and performed in regular and due <br />form as required by law; and that no limitation of indebtedness or taxation, <br />either statutory or constitutional, will have been exceeded in the issuance <br />of said notes. <br /> <br /> <br />
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