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PLACED ON 1ST READING & REFERRED TO THE <br />FINANCE COPfMITTEE 9/4/12. <br />ORDINANCE NO. 40-12 BY~ Anderson, Bullock, Juris, <br />Madigan, Nowlin, <br />AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE <br />AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT <br />SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED <br />BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE PRINCIPAL <br />AMO~JNT OF $1,948,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY <br />COSTS OF VARIOUS IMPROVEMENTS, AND DECLARING AN EMERGENCY. <br />WHEREAS, pursuant to Ordinance Nos. 19 and 20-12, each passed March 19, 2012, a <br />note in anticipation of bonds in the amount of $7,973,000, dated April 18, 2012 and maturing <br />October 18, 2012 (the "Outstanding Note"), was issued, in part, to pay costs of resurfacing <br />Arlington Road, Lakeland Avenue, Larchmont Avenue, Madison Avenue, Morrison Avenue, <br />Overlook Road, Wascana Avenue and other streets located within the City, improving Detroit <br />Avenue by providing new traffic signalization and improving the municipal garage ventilation <br />system, together with all necessary appurtenances thereto (collectively, the "Improvement"); and <br />WHEREAS, the Director of Finance, as fiscal officer of the City, has certified that the <br />estimated life or period of usefulness of the Improvement is at least five years and that the <br />estimated maximum maturity of the bonds described in Section 1 is 15 years based upon the <br />weighted average of the amounts allocated to the classes of the Improvement set forth in the <br />Fiscal Officer's Certificate, which allocation is approved, ratified and confirmed, and the <br />maximum maturity of the notes described in Section 3 is Apri121, 2031; and <br />WHEREAS, this Council finds and determines that the City should retire the Outstanding <br />Note with the proceeds of the notes described in Section 3, the proceeds of bonds to be issued by the <br />City and other funds available to the City; and <br />WHEREAS, this Council by a vote of at ]east five of its members determines that this <br />Ordinance is an emergency measure, and that this Ordinance shall take effect at the earliest date <br />possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City <br />of Lakewood (the "Charter"), and that it is necessary for the immediate preservation of the public <br />property, health and safety, and to provide for the usual daily operations of municipal <br />departments and further to allow the City to timely retire the Outstanding Note and thereby <br />preserve its credit. Now, Therefore, <br />BE IT ORDAINED by the City of Lakewood, Ohio that: <br />Section 1. It is necessary to issue bonds of this City in the principal amount of <br />$1,948,000 (the "Bonds") to pay costs of the Improvement. <br />Section 2. The Bonds shall be dated approximately April 1, 2013, shall bear interest at <br />the now estimated rate of 5-l/2% per year, payable semiannually until the principal amount is paid, <br />and are estimated to mature in 15 annual principal installments on December 1 of each year that are <br />in such amounts that the total principal and interest payments on the Bonds in any fiscal year in <br />