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<br />PLACED ON 1ST READING & REFERRED TO THE <br />FINANCE COMMITTEE 4/18/05. <br /> <br />ORDINANCE NO 42-05 <br /> <br />By: Corrigan, Demro, Dever, Dunn, FitzGerald, <br />Madigan,Seelie. <br /> <br />AN EMERGENCY ORDINANCE to provide for the issuance of $127,000 Pooj <br />Improvement Bond Auticipation Notes, Series 2005 of the City of Lakewood, Ohio, ju <br />anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison <br />Pool <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 />niaximum maturity of the hereinafter mentioned bonds is thirty (30) years and that the maximum <br />maturity of notes issued in anticipation of said bonds is twenty (20) years from the date of <br />issuance of the original notes; and <br /> <br />WHEREAS, this Council by a vote of at ieast five (5) members eiected thereto <br />detetrnines 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 ill, SECTION 10 and 13 óf the SECOND <br />AMENDED CHARTER OF THE ClTY OF LAKEWOOD, and that it is necessary for the <br />immediate preservation of the public property, health and safety, and to provide for the dllijy <br />operation of municipal departments in that the immediate issuance and sale of 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 Lakewood, Cuyahoga <br />COl~Ì1ty, Ohio~ <br /> <br />Section 1, It is hereby declared necessary to issue bonds of the City of Lakewood <br />in the principal amount of $127,OOO·for the purpose of improving Foster Pool and Madison Pool <br /> <br />Section 2 Said bonds shaH be dated approximately June I, 2006, shall hear <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 twenty (20) annual principal installments after <br />their issuance that the total principal and interest payments in any year in which principal is <br />payabje is substantially equal <br /> <br />Section 3. It is hereby determined that notes (hereinafter called the "Notes") in <br />the principal amount of $127,000 shall be issued in anticipation of the issuance of sllid bonds for <br />the above-described purpose. The Notes shall bear interest at a rate not exceeding the maximum <br />inteiest 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 inteJ,"est 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 shall mature on a date between six months and <br />twelve months from such date, as detennined 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 or service charge, <br />"Fiscal 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 JO(B), Ohio Revised Code, the Fiscal Officer <br />may combine the Notes with other notes into a single consolidated issue of notes fâr purposes of <br />their 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 denominatibns as may be <br />req~Ç.sted by the original purchaser; and shall be executed by the Mayor and; Fiscal Officer, <br />prO\!jded that one of such signatures may be a facsimile signature <br /> <br />The Notes, pursuant to the tenns set forth below, may also be issued to a <br />Depository (as hereinafter defined) for use in a book-entry system (as hereinaftet defined). The <br />Fiscal Officer is hereby authorized and directed, to the extent necessary or required; to enter into <br /> <br />{KLF3010.DOC;I} <br />