HomeMy WebLinkAboutResolutions - 1977.09.15 - 133998168 RESOLUTION NO BY: IN RE: AUGUSTA DRAIN TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, proceedings have been taken by the Statutory Drainage Board for the construction of the Augusta Drain under the provisions of Chapter 20 of Act No 40 of the Public Acts of 1956, as amended, pursuant to a petition filed with the Oakland County Drain Commissioner; and WHEREAS, the Augusta Drainage District has heretofore issued its Drain Bonds dated April 1, 1970, in the aggregate principal amount of $14,250,000 in anticipation of the collection of an equal amount of a special assessment against the City of Pontiac, said special assessment having been duly confirmed by said Drainage Board; and WHEREAS, after payment of the bonds maturing on May 1, 1978, there will remain outstanding $11,700,000 of said Drain Bonds which bear interest at rates which vary from 6% to 8% per annum; and WHEREAS, the Drainage Board for the Augusta Drain by resolution adopted on August 10, 1977, authorized and provided for the issuance of bonds in the aggregate principal amount of $11,700,000 to refund the outstanding Drain Bonds maturing in the years 1979 through 2000; and WHEREAS, said bonds are to be designated Refunding Bonds, are to be dated March 1, 1978, will bear interest at a rate or rates at least 1/2 of 1% less than the rates specified in the Drain Bonds to be refunded and will be subject to redemption prior to maturity in accordance with the provisions of said resolution; and WHEREAS, said Drainage Board deems it advisable and neces- sary to obtain from this Board a resolution consenting to the pledge of the full faith and credit of the county on the aforesaid bonds; and WHEREAS, the issuance of the refunding bonds will result in a substantial interest saving for the Augusta Drainage District and the City of Pontiac. NOW, THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: 1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the said Refunding Bonds, and does agree that in the event the City of Pontiac shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest, when due, then the amount thereof shall be immediately advanced from County Funds, and the County Treasurer is directed to immediately make such advancement to the extent necessary. 2. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County Funds, all or any part of said installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. That all resolutions and parts of resolutions insofar as the same may be in conflict with the provisions of this resolution be and the same hereby are rescinded. MR. CHAIRMAN, on behalf of the Planning and Building Com- mittee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE A u / Chairman ADOPTED: Yeas - Nays - Peterson, Price, Roth, Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kelly, Lanni, McConnell, McDonald, Montante, Moxley, Olson, Page, Perinoff, Pernick. (22) None. (0) Absent _Aaron, Kasper, Moffitt, Murphy, Patterson. (5) STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND ) I, the undersigned, the duly qualified and acting County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by a two-thirds vote of the members elect at a regular meeting of the Oakland County Board of Commissioners, held on the 15th day of September , 19 77 , the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 15th day of September , A.D. 19 77. Lynn D. Allen - County Clerk P.--fr rrn;r1