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<br />PLACEP QNLST READING & REFERRED TO THE <br />FINANCE COMMITTEE 4/17/06. PLA <br />CED ON 2ND <br />READING 5/1/06. <br /> <br />ORDINANCE NO <br /> <br />37-06 <br /> <br />By· Antonio, Butler~ Demro~ Dever~ <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDINANCE to take effect immediately provided it receives the affmnative <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 Lake wood, Ohio, in anticipation of the issuance of bonds, in the principal amount of$lOO,OOO <br />for the purpose of improving streets and municipal properties by clearing, trimming and planting <br />trees <br /> <br />WHEREAS, pursuant to Ordinance No. 41-05, 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 $50,000 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 the ontstanding principal <br />of the 2005 Notes shall be paid by the issuance of new notes in anticipation of the issuance of <br />bonds for the purpose hereinafter stated; and <br /> <br />WHEREAS, the Council of the City has determined that it is necessary to issue an <br />additional $50,000 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 maximum maturity of the <br />bonds in anticipation of which the notes will be issued is ten (10) years and that the maximum <br />maturity of the notes issued in anticipation of bonds is fifteen (IS) years ITom the date of <br />issuance of 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 />determines 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, SECTIONS 10 AND 13 of the <br />SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for <br />theimmemate 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 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 />~ <br />[ <br /> <br />Section L It is hereby declared necessary to issue bonds of the City of <br />Lakewood, Ohio (the "City") in the principal amount of $100,000 for the purpose of improving <br />streets and municipal properties by dearing, trimming and planting trees, <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 shall mature in ten (10) annúal 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 detennined that notes (hereinafter referred to as the <br />"'Notes") in the principal amount of $100;000 shall be issued in anticipation of the issuance of <br />bonds for the above-described purpose 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 issuanG'e, shaH mature on a date that is between six months and one year, inclusive, from <br />their date of issuance, all as detennined 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 />the Notes requests that the Notes provide for such redemption, in which case provision shall be <br /> <br />{2006 BANS.DOC;l} <br />