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<br />Substitute for Prior Ordirumce No 57-06 <br /> <br />PLACED ON 1ST READING & REFERRED TO THE <br />COMMI¡¡EE OF ¡HE WHOLE 6/19/06. SUBS¡. & <br />2ND reading 7/3/06. <br /> <br />ORDJNANCE NO. <br /> <br />By: Antonio-, Butler ~ Demro. Dever. <br />FitzGerald, Madigan, Seelie. <br /> <br />AN ORDJNANCE to take effect immediately provided it received the affIrmative <br />vote of at least fIve (5) members elected to Couucil, 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 not to <br />exceed $2,000,000 for the purpose of payìng the costs of public infrastructure improvements for <br />The Cliffs Project. <br /> <br />WHEREAS, the Council of the City has determined to authorize the issuance of <br />notes in anticipation of the issuance of bonds in the principal amount not to exceed $2,000,000 <br />for tþe purpose hereinafter set forth; and <br /> <br />WHEREAS, the Acting Director of Finance of the City of Lakewood, Ohio, as <br />fiscal officer,has certified to this Council that the estimated life of the improvements hereinafter <br />mentioned is at least five (5) years and has fiuther certified that the maximum maturity of the <br />bonds in anticipation of which the notes will be issued is at least twenty (20) years and that the <br />maximum maturity of the notes issued in anticipation of bonds is twenty (20) years fTom the date <br />of issuance of the notes originally issued for the improvements; and <br /> <br />WHEREAS, this Couucil, 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 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 arid safety, and to provide for the daily <br />operation of mUnicipal departments in that the immediate issuance and sale of tþe 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 ORDAJNED by the City of Lakewood, Cuyahoga <br />Couuty, Ohio that: <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 not to exceed $2,000,000 for the pUlpose <br />of paying the costs of public infTastructure improvements for The Cliffs Project, including the <br />construction of river bulkheads. retaining walls and revetment work permanent erosion control <br />and pennanent erosion control devices. boardwalks, public streets, streetscape. utilities,street <br />and intersection improvements. bridges, pedestrian bridges. off-street public parking facilities, <br />and utility connections, and the acquisition of real property or interests therein and any necessary <br />demolition and environmental <br /> <br />Section 2. The bonds shall be dated approximately Juue 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 matnre in fifteen (15) armual installments after their issuance <br />such that the total principal and interest payments in any year in which principal is payable is <br />substantially equaI <br /> <br />Section 3. It is hereby determined that notes (hereinafter referred to as the <br />"Notes") in the principal amouut of not to exceed $2,000,000 shall be issued in anticipation of <br />the issuance of bonds for the above-described purpose. The Notes shall be sold aí private sale <br />and shall bear interest at the rate, fixed by the Director of Finance in her certificate awarding the <br />Notes. provided that such rate shan not exceed eight per centum (8%) per annum. Interest on the <br />Notes shall be payable at maturity, with provision, if requested by the original purchaser, that, in <br />the eVent of default, the Notes shaH bear interest, at a rate which shall not exceed ten per centum <br />(10%) per armum, uutil 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 t\.vo months and one year, inclusive, from <br />their date of issuance, an 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 />the Notes requests that the Notes provide for such redemption, in which case provision shall be <br />made for calling the Notes for redemption upon ten (10) days' Written notice to the Paying Agent <br /> <br />{KLF3740.DOC;2} <br />