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33-07 Bonds - Reforestation
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33-07 Bonds - Reforestation
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Last modified
5/14/2013 3:12:14 PM
Creation date
9/26/2007 6:05:44 AM
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Office Of Council
Document Type
Ordinances
Date
9/26/2007
Date Adopted
3/26/2007
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The Debt Service on the Notes must be paid at their maturity from any of the <br />an~onnts set forth above pledged to their payment, or any funds of the Ctty <br />otherwise available for theh' payment. <br /> <br />(c) <br /> <br />During the years while the Notes are outstanding, there will be levied on all the <br />taxable proper~y in the City, in addition to all other taxes, a direct tax annually, <br />subject to tax limitations, not less than the tax that would have been levied had the <br />Bonds been issued without the prior issue of the Notes The tax must be and is <br />ordered to be computed, cer[ified, levied, and extended upon the tax list and <br />collected by the same officers, in the same manner, and at the same time that <br />taxes for general purposes for each of those years are computed, certified, levied, <br />extended, and collected The tax must be placed before and in preference to all <br />other items and for its full amount. ~ne money derived fi.om that tax levy must be <br />placed in the Bond Retirement Fund of the City and is irrevocably pledged for the <br />payment of the Debt Service on the Notes, when and as that Debt Service falls <br />due. If any of the following mounts are available for the payment of the Notes <br />and are appropriated for that purpose, the amount of the tax levy in each year <br />must be reduced by the amount available and appropriated: <br /> <br />(1) Any surplus in the Bond Retirement Fund <br /> <br />(2) Proceeds received from the sale of the Bonds or any notes issued to refund <br /> or renew the Notes <br /> <br />(3) Any other money lawfully avallahle to the City <br /> <br /> Section 11. Federal Tax Matters. The City covenants that it will take those actions <br />required to maintain the Federal Tax Status on the Notes and that it will not take or permit to be <br />taken any actiuns that would adversely affect that Federal Tax Status. Without limiting these <br />covenants, the City specifically covenants as follows: <br /> <br />(a) <br /> <br />Private Activity Bonds. The City will apply the proceeds received from thc sale <br />of the Notes to pay costs of the Project and to pay the Financ'mg Costs in <br />connection with the Notes. The City will not pexmll the use of the Project by any <br />person, will n6t secure or derive the money for payment of Debt Service on the <br />Notes by any property or payments, and will not loan the proceeds of the Notes to <br />any person, all in a manner as to cause the Notes to be "private activity bonds" <br />within the meaning of Code Section 14I(a). <br /> <br />Arbitrage, The City will restrict the use of proceeds of the Notes in the manner <br />and to the extent as may be necessary, aider taking into account reasonable <br />expectations at the time of the delivery of and payment for the Notes, so that the <br />Notes will not constitute "arbitrage bonds" within the mearfing of Code Section <br />148. The Director of Finance or any other official having responsibility for <br />issuing the Notes, is authorized and directed, alone or in conjunction with any <br />other officer, employee, or consultant of the ff~ty, to sign and deliver a certificate <br />of the City; for inclusion in the transcript of proceedings for the Notes, setting <br />forth the reasonable expectations of the City on the Closing Date, regarding tbe <br />amount and use of the proceeds of the Notes in accordance with Code Section <br />148 If required, the ff~ty will limit the yield on any "investment property" (as <br />defined in Code Section 148(b)(2)) acquired with the proceeds of the Notes. <br /> <br />(c) <br /> <br />Arbitrage Rebate. Unless the gross proceeds of the Notes are expended in <br />accordance with one of the spending period exceptions set forth in Treas Reg. <br />§1.148~7, the City will pay the amounts required by Code Section 148(1')(2) to the <br />United States at the times required by Code Section 148(0(3). The City will <br />maintain the books ahd records and make the calculations and reports that are <br />required to comply with the Code~s arbitrage rebate requirements <br /> <br />Federal Guarantee. The City will not permit the use of the Project, or make <br />loans of the proceeds of the Notes, or invest the proceeds of the Notes in a manner <br /> <br />5 <br /> <br /> <br />
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