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PLACED. ON FIRST READING & REFERRED TO FINANCE CMT~i/91 <br /> <br />ORDINANCE NO. 5 3 - 91 <br /> <br />BY: <br /> <br />Boscia, Gallagher, Gazzana,-George, Graham, <br /> Roth, Smith <br /> <br />AN EMERGENCYORDINANCE AUTHORIZING THE ISSUANCE ANDSALE <br />OF SANITARY SEWER SYSTEM SPECIAL OBLIGATION BOND <br />ANTICIPATION NOTES IN AN AHOUNT NOT TO EXCEED <br />$1,000,000, BY THE CITY OF LAKEWOOD, OHIO UNDER <br />SECTION 3, ARTICLE XViII OF THE CONSTITUTION OF THE <br />STATE OF OHIO AND CHAPTER 133 OF THE OHIO REVISED CODE <br />IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THEPURPOSE <br />oF PROVIDING FUNDS TO PAY THE COSTS OF (i) MAKING <br />IMPROVEMENTS AND ACQUIRING, CONSTRUCTING AND IMPROVING <br />CERTAIN UTILITY FACILITIES, TOGETHER WITH THE <br />ACQUISITION OF CERTAIN REAL PROPERTY, AND ACQUIRING <br />CERTAIN MACHINERY AND EQUIPMENT FOR THE UTILITY AND <br />(ii) THOSE CERTAIN COSTS SET FORTH IN SECTION 133.15(B), <br />OHIO REVISED CODE, INCLUDING WITHOUT LIMITATION <br />FINANCING COSTS. <br /> <br /> WHEREAS, pursuant to the Charter and codified ordinances of the City <br />of Lakewood, Ohio (the "Issuer"), the Issuer ow-ns and operates a sewage disposal <br />plant and a related system of sanitary sewers, together with all necessary <br />appurtenances thereto, and related facilities and equipment for the disposal of <br />wastewater within the corporate boundaries of the Issuer (the "Utility"); <br /> <br /> WHEREAS, pursuant to Article XIV, Section 32 of TheAmendedCharter <br />of The City of Lakewood, (the "Charter") which Section was adopted by the. <br />citizens of the City of Lakewood, Ohio on May 5, 1959, the Council of the Issuer <br />(the "Council") is authorized to lexry and has levied a tax not to exceed two (2) <br />mills outside of the levies provided in Sections 29, 30 and 31 of Article XIV of <br />the Charter, for the purpose of financing the reconstruction, expansion, <br />operation and maintenance of a sewage disposal plant; <br /> <br /> WHEREAS, this Council, at the time of passage of this ordinance, will <br />have passed Ordinance No. 52-91 and as the same maybe amended from time to time <br />in accordance with its provisions (the "General Bond Legislation"), which General <br />Bond Legislatton was passed in contemplation of this ordinance authorizing bond <br />anticipation notes andother ordinances authorizing the issuance of bonds or bond <br />anticipation notes in accordance with the provisions thereof (the "Series <br />Legislation"); <br /> <br /> WHEREAS, the Issuer has .determined that such construction, <br />improvements and acquisitions are necessary for the continued efficient operation <br />of the Utility; <br /> <br /> WHEREAS, the Council of the Issuer hereby determines that it is <br />necessary to immediately proceed with making such construction, improvements and <br />acquisitions (as further defined in Section 2 hereof, the "Project 1991"); <br /> <br /> WHEREAS, in order to furnish funds for the purpose of paying the <br />costs of Project 1991, the Gouncil hereby determines that it is necessary to <br />authorize the issuance and sale of sewer notes, to be designated "Sanitary Sewer <br />System Special Obligation Bond Anticipation Notes, Series 1991" pursuant to <br />Section 3 of Article XVIII of the Constitution, Chapter 133 of the Ohio Revised <br />Code, Section 32, Article XIV of the Charter of the Issuer and this Series <br />Legislation, as hereinafter defined, for such purpose; <br /> <br /> <br />