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03-80 WWTP improvements BAN
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03-80 WWTP improvements BAN
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Last modified
5/14/2013 3:09:55 PM
Creation date
12/21/2005 4:39:45 AM
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Office Of Council
Document Type
Ordinances
Date
12/21/2005
Date Adopted
1/21/1980
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2 <br /> <br />when executed, to the original purchaser or purchasers thereof upon payment <br />of the purchase price. The 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 under Section 103(c) of the Internal Revenue <br />Code and the applicable income regulations undez 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 the 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 />cess funds resulting from the issuance of said notes shall, to the 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 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, 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 /> Section 10. The Clerk of Council is hereby directed to forward a <br />certified copy of this ordinance to the County Auditor. <br /> <br /> Section 11. It is found and determined that all formal actions <br />of this Council concerning and relating to the passage of this ordinance <br />were adopted in an open meeting of this Council, and that all such deliber- <br />ations of this Council and of any of its committees that resulted in such <br />formal action, were in meetings open to the public, in compliance with all <br />legal requirements including Section 121.22 of the Ohio Revised Code. <br /> <br /> Section 12. That this ordinance, having been declared to be an <br />emergency measure, shall be in full force and effect from and immediately <br /> <br />Approved: <br /> /~' j' ' --, Clerk of Coun~fl <br /> <br /> <br />
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