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65-81 BAN WWTP
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65-81 BAN WWTP
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Last modified
5/14/2013 3:09:58 PM
Creation date
12/21/2005 5:20:11 AM
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Office Of Council
Document Type
Ordinances
Date
12/21/2005
Date Adopted
7/20/1981
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to the Bond Retirement Fund to be applied to the payment of the principal <br />of and interest on the notes in the manner provided by law. <br /> <br /> The City hereby covenants that it ~ill restrict the use of the <br />proceeds of said notes in such manner and to such extent, if any, as may <br />be necessary, after taking into account remsonable expectations at the <br />time of the delivery of and payment for said notes, so that said notes <br />will not constitute arbitrage bonds under Section 103(c) of the Internal <br />Revenue Code and the applicable income tax regulations under that <br />S~ction. The fiscal officer or any other officer, including the Clerk <br />of Council, having responsibility for issuing said notes is authorized <br />and directed, alone or in conjunction with any of the foregoing or with <br />any other officer, employee, or consultant of the City, to give an <br />appropriate certificate of the City's reasonable expectations, as of the <br />date of delivery of the notes, for inclusion in the transcript of proceed- <br />ings, which shall state (in brief and summary terms) the facts and es- <br />timates on which the City's reasonable expectations as to future events <br />are based and state that, to the best of the knowledge and belief of <br />the certifying officer, the City's expectations are reasonable. <br /> <br /> Section 7. Said notes shall be the full general obligations <br /> of the City of Lakewood and the full faith, credit and revenue of said <br /> City are hereby pledged for the prompt payment of the same. The par <br />value to be received from the sale of the bonds anticipated by said <br />~notes and any excess funds resulting from the issuance of said notes <br /> shall, to the extent necessary, be used only for the retirement of said <br /> notes at maturity, together with the interest thereon, and is hereby <br /> pledged for such purpose. <br /> <br /> Section 8. During the years while such notes are outstanding, <br />there shall be levied on all the taxable property in the City of Lakewood, <br />in addition to all other taxes, a dire~t tax annually not less than that <br />which would have been levied if bonds had been issued without the prior <br />issue of such notes. Said tax shall be and is hereby ordered computed, <br />certified, levied and extended upon the tax duplicate and collected <br />by the same officers, in the same manner and at the same time that taxes <br />for general parposes of each of said years are certified, extended and <br />collected. Said tax shall be placed before and in preference to all <br />other items and for the full amount thereof. The funds derived from <br />said tax levies hereby required shall be placed in a separate and dis- <br />tinct fund which, together with the interest collected on the same shall <br />be irrevocably pledged for the payment of the principal of and interest <br />on said notes or the bonds in anticipation of which they are issued, <br />when and as the same falls due; provided, however, that in each year <br />to the extent that revenues are available from other sources for the <br />payment of such notes and bonds and are appropriated for such purpose, <br />the amount of such direct tax upon all of the taxable property in the <br />City shall be reduced by the amount of such revenues so available and <br />appropriated, <br /> <br />3 <br /> <br /> <br />
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