THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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its designated agentiithe book entry interest owners ofBonds in book entry form shall have no rightto receive Bonds in theform ofphysical securities or certificates iii ownership of bookentry interests in Bonds in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants and transfers of the ownership of book entry interests shall be made only bybook entry by the Depository and its Participants andivthe Bonds as such shall not be transferable or exchangeable except for transfer to another Depository another nominee ofaDepository without further action bythe City or to If any Depository determines notto continue to actas aDepository for the Bonds foruse in abook entry system the Director of Finance may attempt to establish a securities depository book entry relationship with another qualified Depository If the Director of Finance does not or is unable to do so the Director of Finance and after the Bond Registrar has made provision for notification ofthe book entry interest owners by the then Depository and any other arrangements deemed necessary shall permit withdrawal ofthe Bonds from the Depository and the Cityand the Bond Registrar authenticate and deliver bond certificates in registered form to the assigns ofthe Depository or its nominee all at the cost and expense including any costs ofprinting if theevent is not the result ofCity action or inaction ofthose persons requesting such issuance The Director ofFinance is also hereby authorized and directed to the extent necessary or required to enter into any agreements deternned necessary in connection with the book entry system for the Bonds after determining that the signing thereof will not endanger the funds or securities oftheCity Section 6 Sale ofthe Bonds tothe Original Purchaser The Bonds are to be sold by the Director ofFinance to the Original Purchaser at private sale at a purchase price not less than 97 ofthe aggregate principal amount thereof as shall be determined by the Director ofFinance in the such other Certificate of Award and shall be awarded by the Director of Finance with and upon terms as are required or authorized by this Ordinance to be specified in the Certificate ofAward in accordance with law the provisions of this Ordinance and the Bond Purchase Agreement The DirectorofFinance is authorized ifit is determined tobe in the best interest ofthe City to combine the issue ofBonds with one or more other bond issues ofthe City into a consolidated bond issue pursuant to Section133 30B ofthe Revised Code in which case a singleCertificate ofAwardmay be utilized for the consolidated bond issue if appropriate and consistent with the terms of this ordinance The Director ofFinance shall sign and deliver the Certificate of Award and shall cause the Bonds to be prepared and signed and delivered together with ahue transcript ofproceedings with reference to the issuance of the Bonds to the Original Purchaser upon payment of the purchase price The Mayor the Directorof Finance the Director ofLaw the Clerk ofCouncil and other City officials as appropriate each are authorized and directed to sign any transcript certificates financial statements and other documents and instruments and to take such actions as are necessary or appropriate to consummate the transacfions contemplated by this Ordinance The Bond Purchase Agreement in the form now on file with the Clerk is approved The Director of Finance is authorized to sign and deliver in the name and on behalf ofthe City the Bond Purchase Agreement with any changes or amendments that are not inconsistent with this ll 11
Ordinance arenot materially adverse to the City and are approved by theDirector ofFinance That such changes are not materially adverse to the City and have been approved by the Director of Finance shall be conclusively evidenced by the Director ofFinance ssigning of theBond Purchase Agreement or amendments thereto bythe Director ofFinance Section 7 Provisions for Tax Lew There shall be levied on all thetaxable property in the City in addition to all other taxes adirect tax annually during the period the Bonds are outstanding in anamount sufficient to pay the debt charges on the Bonds when due which tax shall notbe less than the interest and sinking fund tax required by Section 11 ofArticleXIIofthe Ohio Constitution The tax shall be within theten mill limitation imposed by law shall be and is ordered computed certified levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of those yeazs are certified levied extended and collected and shall be placed before and in preference to all other items and for the full amount thereof The proceeds of the tax levy shall be placed in the Bond Retirement Fund which is irrevocably pledged for the payment ofthe debt charges on the Bonds when and as thesame fall due In each year tothe extent money from themunicipal income tax is available for the payment of debt charges on the Bonds and is appropriated for that purpose the amount ofthe tax shall be reduced by the amount ofthe money so available and appropriated incompliance with thefollowing covenant To the extent necessary the debt charges on the Bonds shall be paid from municipal income taxes lawfully available therefor under the Constitution and the laws of the State ofOhio and the Charter ofthe City and the City hereby covenants subject and pursuant to such authority including particularly Section 133 05B7 Revised Code to appropriate annually from such municipal income taxes such amount as is necessary to meet such annual debt charges Nothing in this pazagraph in any way diminishes the pledge of the full faith and credit and property taxing powerofthe Cityto the prompt payment on the Bonds Section 8 Federal Tax Considerations This Council covenants that it will use and will restrict the use and investment of the proceeds ofthe Bonds in such manner and to such extent as maybe necessary so that a the Bonds will not i constitute private activity bonds arbitrage bonds or hedge bonds under Section 141 148 or 149 of the Code oriibe treated other than as bonds to which Section 103 a ofthe Code applies and b the interest thereon will notbe treated as an item oftax preferenceunder Section 57 ofthe Code The City further covenantsthat a it will take or cause to be taken such actions that may be required of it forthe interest on the Bonds to be and to remain excluded from gross income for federal income tax purposes b it will not take or authorize to be taken any actions that other acts would adversely affect that exclusion and c it or persons acting forit will among of compliancei apply the proceeds of the Bonds to the governmental purposes of the borrowingiirestrict the yield on investment propertyiii make timely and adequate payments to the federal government iv maintain books and records and make calculations and reports and v refrain from certain uses of the proceeds of the Bonds and as applicable of property financed with such proceeds all in such manner and to the extent necessary to assure such exclusion ofthat interest underthe Code 1 12
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DOCKET OF AMEETING OF THE LAKEWOOD
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l0 ORDINANCE NO 53 10 An Ordinance
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Kaufmann Park known as Lakewood Lit
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128 0306 CORPORATION COryoration me
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No shall be person required to with
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as CONSTRUCTION INDEPENDENT cuM1 nn
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d 1 On the portion attributable to
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MUNICIPALITY OR IN ANY MUNICIPALITY
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2 A TAXPAYER WHO RECEIVES INCOME AS
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128 2203 13A8I13TY PORNON PAYMENT B
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f Help maintainastable basebypxovid
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H Theyshallbe dceigned to havetow f
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ee Registered PmfessiovW Surveyor m
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5 Theapplicant shall meet Ne requir
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Section 2 It is found and determine
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oao so nn 043r m Toy 3 O m ac o m m
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Ordinance No 53 1o PLACED ON 1ST RE
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e hUQUraI Design Anygrephiq other s
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egulations of the Gty shall beremov
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j Wall arPanel Sons Shall not Proje
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RESOLUTION NO 8450 10 gy PLACED ON
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N Q Q r O N LJ m X w r f0 a O N W O
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City ofLakewood Audit Committee Ann
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City ofLakewood Audit Committee Ann
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6 Reduction of economicdevelopment
Page 51 and 52: Counrl ak Large NICKIE ANTONIO MONI
Page 53 and 54: Citizens Committee for Leashed Dogs
Page 55 and 56: I h orr October 18 2010 Dear Member
Page 57 and 58: ORDINANCE N0 BY AN ORDINANCE to tak
Page 59 and 60: nsoo a and of any of its committees
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Page 65 and 66: o w M Ufa a o Rm2 a a a rn aa m m 7
Page 67 and 68: 0 0 0 0 0 b d o oa o w MAR c w o 7
Page 69 and 70: a a 0n O 0 y nd a v y S F w s j 7 c
Page 71 and 72: 7b y wo ro b ms rn o F a y y o F gy
Page 73 and 74: N 0 y ti o sb w to R O N w o M p y
Page 75 and 76: ORDINANCE NO By AN ORDINANCE to tak
Page 77 and 78: Unless otherwise indicated referenc
Page 79 and 80: Bonds isnot secured by a lien on an
Page 81 and 82: any subsequent Mandatory Sinking Fu
Page 83 and 84: they not been called for redemption
Page 85 and 86: notification of the book entry inte
Page 87 and 88: or give reports covenants and certi
Page 89 and 90: waiver will notbe effecfive unless
Page 91 and 92: Section 16 Emereency This Ordinance
Page 93 and 94: Annual Information means annual fin
Page 95 and 96: Interest Payment Dates means June 1
Page 97 and 98: a Interest Rates and Payment Dates
Page 99 and 100: applicable to those Term Bonds the
Page 101: on behalf ofthe City The same perso
Page 105 and 106: T b Applicationfor Rating or Bond I
Page 107 and 108: Annual hiformafion and notices ofth
Page 109 and 110: or o Q QD f I LAWRENCE E MROZ o FIR
Page 111 and 112: automatically by the most recent ed
Page 113 and 114: Ir October 18 2010 Lakewood City Co
Page 115 and 116: the reasons set forth and defined i
Page 117 and 118: RESOLUTION N0 BY A RESOLUTION to ta
Page 119: NOTICE TO LEGISLATIVE AUTHORITY TO
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THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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