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rate of ten and one-half per centum (10-1/2%) per annum, until the principal <br />sum is paid; shall be in the denominations and numbered as the original <br />purchaser thereof requests; shall be date~ February 29, 1980 and shall <br />mature on February 27, 1981, with an option in the City to redeem such <br />notes prior to maturity if satisfactory to the original purchaser of such <br />~otes. <br /> <br /> Section 5. That such notes shall be executed by the b~yor and <br />Director of Finance and bear the seal of the corporation. They shall be <br />payable in Federal Reserve funds of the United States of J~erica at the <br />principal office of AmeriTrust Company/ Cleveland, Ohio, and shall express <br />upon their faces the purpose for which they are issued and that they are <br />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 to AmeriTrust C~mpany, Cleveland, Ohio, at the par value thereof <br />together with premium and accrued interest thereon; and the Director of <br />~inance is hereby authorized and directed to deliver said notes, when exe- <br />cuted, to the original purchaser thereof upon payment of the purchase price. <br />2~e proceeds of such sale shall be paid into the proper fund and used for <br />the puztoose for which said notes are being issued under the provisions of <br />this ordinance. <br /> <br /> ~qe City hereby coveua~ts 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 !03(c) of the Internal ~evenue <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 x¢ith 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 />gather 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 1cried if bonds had been issued without the prior issue of such notes. <br />Said tax ehatl 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 knd collected. Said tax shall be placed <br />befoce and in preference to ail other items and for the full amount thereof. <br />~]e funds derived from said tax levies ]~ereby 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 fails due. <br /> <br /> <br />