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THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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their failure to perform adverse tax opinions the issuance by the Internal Revenue Service of<br />

proposed or final determinations oftaxability nofices of proposed issues<br />

other material notices or<br />

determinations with respect tothetax status ofthe Bonds or other material events affecting the tax<br />

exempt status ofthe Bonds modifications torights ofowners or beneficial owners ofthe Bonds if<br />

material Bond calls if material and tender offers defeasances release subsfitution or sale of<br />

property securing repayment ofthe Bonds if material and rating changes bankruptcy insolvency<br />

receivership or similar event ofthe City merger consolidation or acquisition ofthe City or the sale<br />

ofall or substantially all ofthe assets ofthe City otherthan in the ordinary course ofbusiness entry<br />

into a definitive agreement to undertake such action or the ternunation of a definitive agreement<br />

relating to any such actions other than pursuant to its terms if material and appointment of a<br />

successor Bond Registrar or a change of name ofBond Registrar if material The repayment<br />

ofthe Bonds is not secured by a lien on any property capable ofrelease or sale or for which other<br />

property maybe substituted<br />

Term Bonds means those Bonds if any designated as such and maturing on the Principal<br />

Payment Dates set forth in the Certificate ofAward<br />

The captions and headings in this Ordinance are solely for convenience ofreference and in<br />

no way define limit or describe the scope or intent of any Sections subsections paragraphs<br />

subparagraphs or clauses hereof Reference to a Section means a section ofthis Ordinance unless<br />

otherwise indicated<br />

Section 2 Authorized Principal Amount andPur ose Application ofProceeds It is<br />

sbest interest to issue bondsof this Cityin an aggregate<br />

000 the Bonds torefund the Outstanding Bonds issued to<br />

necessary and determined to be in the City<br />

principal amount not to exceed4550<br />

pay costs of the hnprovement and to pay costs of issuing the Bonds The aggregate principal<br />

amount of Bonds to be issued not to exceed4550 000 shall be detemuned by the Director of<br />

Finance inthe Certificate ofAwardto be the aggregate principal amount ofBonds that is requiredto be issued at this time for the purpose statedin this Section 2<br />

A portionoftheproceeds ofthe Bonds sufficient together with othermoney available tothe<br />

City to refund the Outstanding Bonds shall be deposited into the Escrow Fund in accordance with<br />

the Escrow Agreement A portion of the proceeds ofthe Bonds sufficient together with other<br />

moneys availabletothe City shall be deposited into an appropriate fund ofthe City and usedto pay<br />

costs ofissuance ofthe Bonds Any proceeds ofthe Bonds not spent 120 days after the issuance of<br />

the Bonds shall be transferred to the Bond Retirement Fund and usedto pay principal ofor interest<br />

onthe Bonds when due All interest earned on amounts on deposit in each ofthose funds derived<br />

from tine proceeds ofthe Bonds including interest earned on such interest shall be credited to the<br />

fund and used for the purposes setforth above and shallnot be transferred to the General Fund All<br />

oftheproceeds ofthe Bonds and interest earned onthose proceeds and the interest on suchinterest<br />

are hereby appropriated for the purposes set forth above<br />

Section 3 Denominations Datin Principal and Interest Payment and Redemption<br />

Provisions The Bonds shall be issued in one lot and only as fully registered bonds in the<br />

Authorized Denominations but in no case as to a particular maturity date exceeding the principal<br />

amount maturing on that date TheBonds shall be dated the Closing Date<br />

Sb

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