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<br />ORDINANCE NO. 41-05 <br /> <br />PLACED ON 1ST READING & REFERRED TO THE <br />FINANCE COMMITTEE 4/18/05. <br />By' Corrigan, Dem"£o, De3te.:ç,:::·Du1afi~::Eit~Gerald, <br />Madigan, Seelie. <br /> <br />AN EMERGENCY ORDINANCE to provide for the jssuance of $50.000 Tree <br />Planting Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of <br />the issuance of bonds for the purpose of improving streets and municipal properties by clearing, <br />trimming and planting trees, <br /> <br />WHEREAS, the Fiscal Officer has certified to· this Council that the estimated life <br />of the improvements hereinafter mentioned is at least five (5) years and has further certified the <br />maximum maturity of the hereinafter mentioned bonds is (10) years and thát the maximum <br />maturity of notes issued in anticipation of said bonds is fifteen (15) years from the date of <br />issuance of the original notes; and <br /> <br />WHEREAS. this CouncÜ by a vote of at least five (5) members elected thereto <br />detennines that this ordinance is an emergency measure, and that this ordinance shall take effect <br />at the earliest date possible as set forth in ARTICLE III, SECTION 10 and 13 of the SECOND <br />AMENDED CHARTER OF THE CITY OF LAKEWOOD. and that it is n,Ússary for the <br />immediate preservation of the public property, health and safety, and to provide for the daÜy <br />opðration of municipal departments in that the immediate issuance and sale ot'the notes herein <br />authorized is necessary to provide funds for the construction of the improvements urgently <br />needed to protect the health and safety of the citizens of the City; <br /> <br />NOW. THEREFORE. BE IT ORDAINED by the City of Lake~ood, Cuyahoga <br />County, Ohio: <br /> <br />Section 1 It is hereby declared necessary to issue bonds of the City of Lakewood <br />in the principaj amount of $50.000 for the purpose of improving streets and municipaj properties <br />by dearing, trimming and planting trees, <br /> <br />Section 2 Said bonds shall be dated approximately June 1, 2006, shall bear <br />interest at the estimated rate of five per centum (5%) per annum, payable semi-annually, until the <br />principal sum is paid, and shall mature in such ten (10) annual principal instaIlments after their <br />issuance that the total principal and interest payments in any year in which principal is payable is <br />substantially equal. <br /> <br />Section 3, It is hereby detenmned that notes (hereinafter called the "Notes") in <br />the<principal amount of $50,000 shall be issued in anticipation of the issuance of said bonds for <br />the 'above-described purpose. The Notes shall bear interest at a rate not exceeding the maximum <br />interest rate of six per centum (6%) per annum, as may be fixed by the Fiscal Officer in his <br />certificate awarding the Notes, such interest to be payable at maturity, with provision, if <br />requested by the purchaser, that, in the event of default, the same shall bear interest at a rate not <br />exceeding the maximum interest rate of ten per centum (10%) per annum until the principal sum <br />is paid; shall be dated their date of issuance and shaIl mature on a date between six months and <br />twdve months from such date, as determined by the, Fiscal Officer; shall not be subject to <br />redemption by the City at any time prior to maturity; and shall be payable as to both principal <br />and interest at the office of the Fiscal Officer of the City, or at banks or trust companies, as <br />determined by the Fiscal Officer, without deduction for exchange, collection Of service charge. <br />"Fi.scal Officer" as used in this ordinance means the City's Director of Finance, Acting Director <br />of Finance, or Assistant Director of Finance, <br /> <br />, Section 4, Pursuant to Section 133 30(B). Ohjo Revised Code, t~e Fiscal Officer <br />maS: combine the Notes with other notes into a single consolidated issue of notes fòr purposes of <br />theit sale as a single issue, to be designated "Various Purpose General Obligation Bond <br />Anticipation Notes, Series 2005"; such notes shall contain a summary statement of purposes <br />encompassing the purpose for which the Notes are issued; shall state that !they are issued <br />pUrsuant to this ordinance; shall be issued in such numbers and denominations as may be <br />reqúested by the original purchaser; and shall be executed by the Mayor anq Fiscal Officer, <br />provided that one of such signatures may be a facsimile signature. <br /> <br />The Notes, pursuant to the tenns set forth below, may also 1 be issued to a <br />Depository (as hereinafter defined) for use in a book-entry system (as hereinaftér defined), The <br /> <br />{KLF3012.DOC;I} <br />