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63-89 Anticipation Notes $480K 1987 Sewer Improvements
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63-89 Anticipation Notes $480K 1987 Sewer Improvements
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5/14/2013 3:06:43 PM
Creation date
9/8/2003 4:27:13 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
10/2/1989
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EXHIBIT 1 <br /> <br /> INVITATION FOR PROPOSALS <br /> $480,000 CITY OF LAKEWOOD, OHIO <br />1987 SEWER IMPROVEMENT BOND <br />ANTICIPATION NOTES - 1989 RENEWAL <br /> <br />DUE: October 12, 1990 <br /> <br />The City of Lakewood, Ohio (the "City") contemplates the issuance of <br />$480,000 1987 Sewer Improvement Bond Anticipation Notes - 1989 Renewal <br />(the "Notes"), as more fully described in the enclosed Preliminary <br />Official Statement. The City is inviting written proposals, or oral <br />proposals, communicated by telephone, for the purchase, at not less than <br />par and accrued interest, of the Notes. Proposals will be received by <br />the Director of Finance of the City until 11:00 a.m. Eastern Daylight <br />Saving Time, on October 5, 1989, at the office of the Director of <br />Finance of the City at the address stated below. Split rate proposals <br />will not be considered. The proposal shall specify the rate of interest <br />which the Notes are to bear and may specify a rate of interest after <br />maturity different than the rate prior to maturity, but no rate speci- <br />fied shall exceed the maximum interest rate per annum of 15% determined <br />by Council. Oral proposals should be promptly confirmed in writing to <br />the undersigned by the bidders, THE NOTES ARE NOT "QUALIFIED TAX-EXEMPT <br />OBLIGATIONS" FOR PURPOSES OF SECTION 265(b)(3) OF THE INTERNAL REVENUE <br />CODE OF 1986. <br /> <br />The Notes will be dated October 13, 1989 and will mature on October 12, <br />1990, with no option in the City to redeem the Notes prior to maturity. <br />The Notes will bear interest (computed on a 360-day per year basis) from <br />their date payable at maturity; will be issued in such denominations as <br />requested by the original purchaser; and will be payable at banks or <br />trust companies, as determined by the Director of Finance, without <br />deduction for exchange, collection or service charges. On October 5, <br />1989, the Director of Finance will consider the proposals submitted and <br />will award the Notes on the basis of the proposal resulting in the sale <br />of the Notes at the lowest net interest cost to the stated maturity. <br />The lowest net interest cost will be determined by taking the amount of <br />interest from the date of the Notes to the stated maturity date and <br />deducting therefrom the amount of any premium. In the event of tie <br />proposals based on the lowest net interest cost to the stated maturity, <br />the Director of Finance will award the Notes to the bidder submitting <br />the tie proposal who bids the lowest interest rate after maturity, and <br />if such an award would result in tie proposals, the successful proposal <br />will be selected by lot in a manner determined by the Director of <br />Finance. Any informality or failure to conform to the instructions <br />herein contained may be waived by the Director of Finance, and the <br />Director of Finance may reject any or 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 /> <br /> <br />
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