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<br />PLACED ON 1ST READING&REFERRED TO THE <br />FINANCE COMMITTEE 4/17/06. PLACED ON 2ND READ] <br />5/1/06. <br /> <br />ORDINANCE NO 33-06 <br /> <br />By: Antonio, Butler~ Demro~ Dever, <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDINANCE to take effect immediately provided it receives the affirmative <br />vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force <br />after the earliest period allowed by law, to provide for the issuance and sale of notes of the City <br />of Lakewood, Ohio, in anticipation of the issuance of bonds, in the principal amount of <br />$2,687,000 for the purpose of acquiring motorized equipment and appurtenances thereto <br /> <br />WHEREAS, pursuant to Ordinance No.. 37-05, passed May 16, 2005, the Council <br />of the City authorized the issuance of notes in anticipation of the issuance of bonds in the <br />principal amount of $1,410,000 for the purpose hereinafter set forth, which notes were dated <br />June 15, 2005 and which notes will mature on June 15, 2006, (the "2005 Notes"); and <br /> <br />WHEREAS, the Council of the City has determined that $46,000 is now available <br />to apply against the principal of the 2005 Notes and that after the application of $46,000 to the <br />payment thereof, the remaining ontstanding principal of the 2005 Notes (to wit, $1,364,000) <br />shall be paid by the issuance of new notes in anticipation of the issuance of bonds for the purpose <br />hereinafter stated; and <br /> <br />WHEREAS, the Council of the City has determined that it is necessary to issue <br />an additional $1,323,000 in principal amount of new notes for the purpose hereinafter stated; <br />and <br /> <br />WHEREAS, the Director of Finance of the City of Lakewood, Ohio, as fiscal <br />officer, has ,certified to this Council that the estimated life of the improvements hereinafter <br />mentioned is at least five (5) years and has further certified that the maximum maturity of the <br />bonds in anticipation of which the notes will be issued is five (5) years and that the maximum <br />maturity ofthe notes issued in anticipation of bonds is ten (10) years from the date of issuance of <br />the notes originally issued for the improvements; and <br /> <br />WHEREAS, this Council, 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 111, SECTIONS 10 AND 13 of the <br />SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for <br />the imm,ediate preservation of the public property, "health and safety, and to provide for the daily <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 öf 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 />County, Ohio that: <br /> <br />Section 1. It is hereby declared necessary to issue bonds of the City of <br />Lakewood, Ohio (the "City") in the principal amount of $2,687,000 for the purpose of acqniring <br />motorized equipment and appurtenances ·thereto <br /> <br />Section 2. The bonds shall be dated approximately June 1, 2007, shall bear <br />interest at the now estimated rate of six per centum (6%) per annum, payable semi-annually until <br />the principal sum is paid, and shan mature in five (5) annual installments after their issuance <br />such 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 determined that notes (hereinafter referred to as the <br />''Notes'') in the principal amount of $2,687,000 shall be issued in anticipation of the issuance of <br />bonds for the above-described pUIþose, The Notes shall be sold at private sale and shall bear <br />interest at the rate, fixed by the Director of Finance in his certificate awarding the Notes, <br />provided that such rate shall not exceed eight per centum.(8%) per annum, Interest on the Notes <br />shall be payable at maturity, with provision, if requested by the original purchaser, that, in the <br />event of default, the Notes shall bear interest, at a rate which shall not exceed ten per centum <br />(10%) per annum, until the principal sum is paid or provided for. The Notes shall be dated their <br />date of issuance, shall mature on a date that is between six months and one year, inclusive, ITom <br />their date of issuance, all as detennined by the Director of Finance" The Notes shan not be <br /> <br />{2006 BANS.DOC;l} <br />