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1989 040 Ordinance
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1989 040 Ordinance
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Last modified
11/19/2018 3:55:53 PM
Creation date
8/9/2018 4:55:18 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
040
Date
9/18/1989
Year
1989
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ORDINANCE N0. 89- 40 PAGE THREE <br />may be represented by a single note. The Notes shall not have coupons at- <br />tached, shall be numbered as determined by the Director of Finance and shall <br />express upon their faces the purpose for which they are issued and that they <br />are issued pursuanL- to this ordinance. <br />Section 6. The Notes are offered at par and accrued interest, if <br />any, to the Director of Finance, as officer in charge of the Bond Retirement <br />Fund of the Village. Notes not purchased for the Bond Retirement Fund or for <br />other funds of the Village shall be sold at private sale by the Director of <br />Finance in accordance with law and the provisions of this ordinance. The <br />Director of Finance shall, in accordance with his determination of the best <br />interests of and financial advantages to the Village and its taxpayers and <br />conditions then existing in the financial market, consistently with the provi- <br />sions of Sections 3 and 4, establish the interest rates to be borne by the <br />Notes and their maturity, sign the certificate of award referred to in Sec- <br />tions 3 and 4 evidencing that sale, cause the Notes to be prepared, and have <br />the Notes signed and delivered, together with a true transcript of proceedings <br />wi.th reference to the issuance of the Notes if requested by the original pur- <br />chaser, to the original purchaser upon payment of the purchase price. <br />Section 7. The proceeds from the sale of the Notes, except any pre- <br />mium and accrued interest, shall be paid into the proper fund or funds and <br />those proceeds are appropriated and shall be used for the purpose for which <br />the Notes are being issued. Any portion of those proceeds representing pre- <br />mium and accrued interest shall be paid into the Bond Retirement Fund. <br />Section 8. The par value to be received from the sale of the Bonds <br />or of any renewal notes and any excess funds resulting from the issuance of <br />the Notes shall, to the extent necessary, be used to pay the principal of and <br />interest on the Notes at maturity and are pledged for that purpose. <br />Section 9. During the year or years in which the Notes are outstand- <br />ing, there shall be levied on all the taxable property in the Village, in <br />addition to all other taxes, the same tax that would have been levied if the <br />Bonds had been issued without the prior issuance of the Notes. The tax shall <br />be within the ten-mill limitation imposed by law, shall be and is ordered com- <br />puted, certified, levied and extended upon the tax duplicate and collected by <br />the same officers, in the same manner, and at the same time that taxes for <br />general purposes for each of those years are certified, levied, extended and <br />collected, and shall be placed before and in preference to all other items and <br />for the full amount thereof. The proceeds of the tax levy shall be placed in <br />the Bond Retirement Fund, which is irrevocably pledged for the payment of the <br />principal of and interest on the Notes or the Bonds when and as the same fall <br />due. <br />Section 10. The Village covenants that it will restrict the use of <br />the proceeds of the Notes in such manner and to such extent, if any, as may be <br />necessary so that the Notes will not constitute arbitrage bonds under Section <br />148 of the Internal Revenue Code of 1986, as amended (the Code). The Director <br />of Finance, as the fiscal officer, or any other officer of the Village having
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