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<br />Please Substitute for Ordinance No. 34-06. <br />(Placed on 1st Reading and Referred to Finance <br />Committee 4/17/06. Placed on 2nd geading 5/1/ <br /> <br />ORDINANCE NO 34-06 <br /> <br />By:Antonio~ Butler, Dermo, Dever, <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDINANCE to take effect immediately provided it receives the affiffilative <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 />$1,222,000 for the purpose of acquiring computers and systems therefor for municipal purposes <br /> <br />WHEREAS, pursuant to Ordinance No 38-05, passed May 16,2005, the Council <br />of the CÍty authorized the issuance of notes in anticipation of the issuance of bonds in the <br />principal amount of $685,000 for the purpose hereinafter set forth, which notes were dated June <br />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 $34,000 is now available <br />to apply against the principal of the 2005 Notes and that after the application of $34,000 to the <br />payment thereof, the remaining outstanding principal of the 2005 Notes (to wit, $651,000) shall <br />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 an <br />additional 571,000 in principal amount of new notes for the purpose hereinafter stated; 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 maxjmnm maturity of the <br />bônds in anticipation of which the notes will be issued is five (5) years and that the maximum <br />maturity of the notes issued in anticipation ofboncls is ten (10) years from the date ofissuance 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 III, SECTIONS 10 AND 13 of the <br />SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for <br />the immediate 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 of the improvements urgently <br />needed to protect the health and safety ofthe citizens of the City; <br /> <br />NOW, THEREFORE, BE IT ORDAINED by the City of Lake wood, 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 $1,222,000 for the purpose of acquiring <br />computers and systems therefor for municipal purposes <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 centQm (6%) per annum, payable semi-annually until <br />the principal sum is paid, and shaH mature in five (5) annual instaHments after their issuance <br />such that the total principal and interest payments in any year in which principaJ 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 $1,222,000 shall be issued in anticipation of the issuance of <br />bonds for the above-described purpose The Notes shall be sold of 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 reqnested by the original purchaser, that, in the <br />event öf 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 betweensìx months and one year, inclusive, from <br />their date of issuance, all as determined by the Director of Finance. The Notes shall not be <br />subject to redemption by the City at any time prior to maturity, unless the original purchaser of <br /> <br />{KLF3674.DOC;1} <br />