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20-89 Anticipation Notes $495K 1987 Street Improvements
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20-89 Anticipation Notes $495K 1987 Street Improvements
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Last modified
5/14/2013 3:06:41 PM
Creation date
9/5/2003 12:09:32 PM
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Office Of Council
Document Type
Ordinances
Date
9/5/2003
Date Adopted
4/17/1989
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Notes for redemption upon ten (10) days ~itten notice to the original <br />purchaser or purchasers of the Notes. The Notes will bear interest <br />(computed on a 360-day per year basis) from their date payable at matur- <br />ity; will be issued in such denominations as requested by the original <br />purchaser; and will be payable at banks or trust companies, as deter- <br />mined by the Director of Finance, without deduction for exchange, <br />collection or service charges. On April 2?, 1989, the Director of <br />Finance will consider the proposals submitted and will award the Notes <br />on the basis of the proposal resulting in the sale of the Notes at the <br />lowest net interest cost to the stated maturity. The lowest net inter- <br />est cost will be determined by taking the amount of interest from the <br />date of the Notes to the stated maturity date and deducting therefrom <br />the amount of any premium. In the event of tie proposals based on the <br />lowest net interest cost to the stated maturity, the Director of Finance <br />will award the Notes to the bidder submitting the tie proposal who bids <br />the lowest interest rate after maturity, and if such an award would <br />result in tie proposals, the successful proposal will be selected by lot <br />in a manner determined by the Director of Finance. Any informality or <br />failure to conform to the instructions herein contained may be waived by <br />the Director of Finance, and the Director of Finance may reject any or <br />all of the proposals presented. <br /> <br />Legal matters incident to the issuance of the Notes and with regard to <br />the tax-exempt status of the interest thereon are subject to the approv- <br />ing legal opinion of Calfee, Halter & Griswold, Bond Counsel, which will <br />be furnished without cost to the original purchaser at the time the <br />Notes are delivered to it. That opinion will include an opinion, based <br />upon and assuming compliance with covenants and the accuracy of repre- <br />sentations and certifications of the City, that under the existing law <br />(a) the interest on the Notes (i) is excluded from gross income for <br />federal income tax purposes under the Internal Revenue Code of 1986, as <br />amended (the "Code"), (ii) is not treated as an item of tax preference <br />for purposes of the alternative minimum tax imposed On individuals and <br />corporations by the Code, and (iii) is exempt from the Ohio personal <br />income tax and excluded from the net income base of the Ohio corporate <br />franchise tax, and (b) the Notes are not "private activity bonds" as <br />defined in the Code. Under the Code, the interest may be subject to <br />alternative minimum, environmental, and branch profits taxes imposed on <br />certain corporations, and to a tax imposed on excess net passive income <br />of certain S corporations. For a more complete discussion of tax <br />aspects, see the enclosed Preliminary Official Statement. <br /> <br /> 1. The 1985 Street Improvement Bond Anticipation Notes - I989 <br />Renewal are issued in anticipation of the issuance of a like principal <br />amount of general obligation bonds of the City under authority of the <br />general laws of the State of Ohio and by virtue of certain ordinances <br />and proceedings of the Council of the City with respect thereto for the <br />purpose of paying the property owners' portion, in anticipation of the <br />levy and collection of special assessments, and the City's portion of~ <br />the cost of improving Chesterland Avenue and certain other streets <br />between certain termini designated in the ordinance hereinafter men- <br />tioned, by the necessary grading and replacement of the base, resurfac- <br />lng with asphaltic concrete, including necessary appurtenances thereto, <br />and to pay and retire outstanding notes issued in anticipation thereof. <br /> <br /> 2. The 1986 Street Improvement Bond Anticipation Notes - 1989 <br />Renewal are issued in anticipation of the issuance of a like principal <br />amount of general obligation bonds of the City under authority of the <br />general laws of the State of Ohio and by virtue of certain ordinances <br />and proceedings of the Council of the City with respect thereto for the <br />purpose of paying the property owners' portion, in anticipation of the <br />levy and collection of special assessments, and the City's portion of <br />the cost of improving Victoria Avenue, Atktns Avenue, Phelps Avenue and <br />Nicholson Avenue, by the necessary grading and replacement of the base, <br />resurfacingwith asphaltic concrete, including the necessary replacement <br /> <br />-2- <br /> <br /> <br />
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