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HomeMy WebLinkAboutResolutions - 1982.02.04 - 13492RESOLUTION NO. 82007 RE: AUTHORIZATION TO BORROW AGAINST ANTICIPATED DELINQUENT 1981 TAXES BY: FINANCE COMMITTEE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: February 4, 1982 WHEREAS, the Board of Commissioners of the County has heretofore adopted a resolution establishing the Oakland County Delinquent Tax Revolving Fund, pursuant to Section 87b of Act No. 206 of the Public Acts of 1893, as amended; and WHEREAS, this fund has been designated as the 100% Tax Payment Fund by the Oakland County Treasurer, hereinafter referred to as the "County Treasurer" or "Treasurer", and it appears desir able to borrow to provide money for part or all of this fund for the 1981 delinquent real property taxes; and WHEREAS, the purpose of this fund is to allow the Oakland County Treasurer to pay from the fund any or all delinquent real property taxes which are due the County; any school district; intermediate school district; community college district; city; township; special assessment or drainage district; or any other political unit or county agency for which delinquent tax payments are due on settlement day with the County, City or Township Trea surer and the Treasurer has been heretofore directed to make such payments by the Board of Commissioners of this County; and WHEREAS, it is hereby determined that it is necessary that the County borrow a sum not to exceed (a) the amount of the 1981 real property taxes (hereinafter sometimes re ferred to as the "delinquent taxes") which become delinquent on or before March 1, 1982, and which are still unpaid on March 1, 1982, and (b) a reserve to assure prompt payment of the notes, and deposit the proceeds thereof in the Fund (as defined hereinafter) and the 1982 Note Reserve Fund (established hereinafter) respec tively; and WHEREAS, such borrowing is authorized by Sections 87c and 87d of Act No. 206 of the Public Acts of 1893, as amended (hereinafter referred to as "Act 206"); and WHEREAS, the total amount of unpaid delinquent taxes which will be outstanding on March 1, 1982 is estimated to be in excess of $70,000,000.00 , exclusive of interest, fees and penal ties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS SIONERS OF THE COUNTY AS FOLLOWS: 1. The County shall borrow Seventy Million dollars ($70,000,000.00) or such part thereof as will represent an amount not to exceed (a) the exact amount of the delinquent taxes outstanding on March 1, 1982, exclusive of interest, fees and penalties, and (b) an amount not to exceed fifteen percent (15%) of the amount of the delinquent taxes, in order to constitute a reserve (herein after referred to as the "1982 Note Reserve Fund"), and, as the Municipal Finance Commission may authorize, issue its "General Ob ligation Limited Tax Notes, Series 1982", payable from the delin quent taxes outstanding on March 1, 1982 and the other sources specified below, the proceeds of which notes shall be placed in and used as the whole or part of the Fund Account No. 61682 of the County (the "1982 Account") and the 1982 Note Reserve Fund, to be used as provided in Act 206. The exact borrowing amount will be A/3 designated by the County Treasurer after the amount of the 1981 delinquent taxes are determined, which designation will specify the amount to be allocated to the 1982 Note Reserve Fund. 2. The said notes shall bear interest payable November 1, 1982, May 1, 1983, and each November 1 and May 1 thereafter, until maturity, which interest is not to exceed the maximum rate of interest as may be permitted by law on the date the notes are offered for sale. Said notes shall be coupon notes issued in denominations of $5,000, each, or such other denominations as the Treasurer shall authorize, and shall be numbered from 1 upwards, beginning with their earliest maturities in the direct order of their maturities. The notes shall be dated March 1, 1982, and shall be due and payable as follows S 23,000,000.00 on May 1, 1983; $16,000,000.00 on May 1, 1984; $5,000,000.00 on May 1, 1 985, and not to exceed $26,000,000.00 on May 1, 1986. 3. There is hereby established the 1982 10096 Tax Payment Fund (hereinafter referred to as the "Fund") and the Fund Collection Account No. 61682 of the County (hereinafter referred to as the "Collection Account" ), effective as of March 1, 1982, into which account the County Treasurer is hereby directed to place on the books and records all of the following payments received on account of the delinquent taxes: a. All of the delinquent taxes collected on and after March 1 , 1982 and all interest thereon; b. All of the collection fees on the delinquent taxes once the expenses of this borrowing have been paid, and c. Any amounts which are received by the Treasurer from the taxing units within the County because of the uncollectability of the delinquent taxes. The amounts specified in this paragraph are hereby designated as the "Funds Pledged to Note Repayment." 4. There is hereby established the "1982 Note Reserve Fund", into which fund the Treasurer shall deposit all of the proceeds of the sale which are borrowed for the purpose of es tablishing the 1982 Note Reserve Fund. 5. All money in the 1982 Note Reserve Fund, except as hereinafter provided, shall be added to the Funds Pledged to Note Repayment and shall be used solely for payment of principal and interest on the notes for which the Fund was established. Money in the 1982 Note Reserve Fund shall be withdrawn first for payment of principal and interest on notes before other County general funds are used to make the payments. All income or in terest earned by, or increment to, the 1982 Note Reserve Fund, due investment or reinvestment, shall be deposited in such fund. When the 1982 Note Reserve Fund is sufficient to retire the notes and accrued interest thereon, it may be used to purchase the notes on the market, or, if notes are not available, to retire the notes when due. 6. The following are hereby pledged to the repayment of the notes and shall be used solely for repayment of the notes until the notes and all interest thereon are paid in full: a. All of the Funds Pledged to Note Repayment; b. All of the 1982 Note Reserve Fund; c. Any interest earned on any money from either the Funds Pledged to Note Repayment or the 1982 Note Reserve Fund. 7. In addition, this note issue shall be a general obligation of the County, secured by its full faith and credit, which shall include the limited tax obligation of the County within applicable constitutional and statutory limits, and its general funds. The County budget shall provide that if the pledged delinquent taxes and any other pledged amounts are not collected in sufficient amounts to meet the payments of the principal and interest due on these notes, the County, before paying any other budgeted amounts, will promptly advance from its general funds sufficient money to pay that principal and interest. If the proceeds of the delinquent taxes, pledged in terest and collection fees or the 1982 Note Reserve Fund are not sufficient to pay the principal and interest when due, the County shall pay the same, as provided in this paragraph, and may there after reimburse itself from the delinquent taxes collected. 8. The County shall not have the power to levy any tax for the payment of the notes in excess of its constitutional or statutory limits. 9. The County Treasurer shall use the proceeds of the borrowing except that part to be used for the 1982 Note Reserve Fund) to establish the Fund of the County and shall pay therefrom the full amount of the delinquent taxes on the roll delivered as uncollected by any tax collector in the County which is out standing and unpaid on or after March 1, 1982, as required by Act 206. 10. The expenses of borrowing in connection with this issuance of notes shall be paid from the collection fees collected on the 1981 delinquent taxes, from any funds in the Fund not pledged to the repayment of these notes or from any funds in the 100% Tax Payment Fund not pledged to the repayment of any other 11. After a sufficient sum has been set aside for the purposes set forth above, including the repayment of the aforesaid notes and the interest thereon: (a) any further collection of the aforesaid delinquent taxes may be used to pay any or all de linquent taxes which are due and payable to the County; any school district; intermediate school district; community college dis trict; city; township; special assessment or drainage district; or any other political unit for which delinquent tax payments are due other than for the year 1981 on settlement day with the County, City or Township Treasurers, and (b) all income or interest earned by, or increment to, the 1982 Note Reserve Fund due to its invest ment or reinvestment shall be deposited in the Fund. 12. The notes of each maturity shall be payable to the bearer in lawful money of the United States of America to such bank or trust company in the State of Michigan as shall be desig nated either prior to sale by the Treasurer (or, if the Treasurer so permits, by the original purchaser or purchasers), and the notes and coupons shall be substantially in the form attached hereto and hereby approved and adopted. Co-paying agents located either in Michigan or elsewhere in the United States of America may also be designated. The Treasurer shall have the right to approve or name such paying agent or agents. 13. Notes maturing in the years 1983 through 1985, inclusive, shall not be subject to redemption. notes maturing on May 1, 1986 shall be subject to redemption at any time on or after May 1, 1985, in any order at the option of the County Treasurer and must be redeemed on any interest payment date or any other date on and after May 1, 1985, as follows: a. To the extent that there are suffi cient moneys on hand from any of the sources specified in paragraph 6 above, after payment A7 of the notes maturing on or before May 1, 1985, all notes maturing May 1, 1986 must be called for payment on May 1, 1985, or at any time thereafter at such time as there are sufficient funds available to redeem notes in a minimum amount of $5,000 or such other minimum as shall be established in the Notice of Sale by the Treasurer, and b. Notice of Redemption shall be given as provided in the Official Notice of Sale attached hereto. 14. The County Treasurer is hereby authorized and directed to execute the notes for the County. The Treasurer is thereafter authorized and directed to deliver the notes to the purchaser upon receipt of the purchase price, which delivery may be made in the discretion of the Treasurer at one time or in parts at various times, provided that all of the notes with the earliest maturities shall be delivered prior to any notes with later matur ities. The coupons affixed to the notes shall be executed with the fascimile signature of the County Treasurer; the notes shall be sealed with the County seal, and the coupons shall contain the following notation: "This coupon is payable only from the fol lowing sources: certain delinquent real property taxes, the interest thereon, a part of the collection fees thereon, moneys on deposit in a certain 1982 Note Reserve Fund and other amounts, all as described in the note to which this coupon pertains." 15. The County Treasurer is hereby authorized to make application to the Municipal Finance Commission on behalf of the County for an Order permitting this County to make this borrowing and issue its General Obligation Limited Tax Notes, Series 1982. The Notice of Sale, in the case of a public sale, shall not be approved by the Municipal Finance Commission unless the Treasurer so requests in the application. 16. The Treasurer may, at the Treasurer's option, conduct a public sale of the notes (after insertion of the Notice of Sale attached to this resolution and as provided in Resolution 3), provided such notes shall not be sold at a discount, after which sale the Treasurer shall award the notes to the lowest bidder. The conditions of sale shall be as specified in the Notice of Sale, and the Treasurer shall be empowered to make any change in such Notice of Sale as may in the Treasurer's discretion be necessary. 17. The Treasurer may alternatively, at the Treasurer's option, negotiate a private sale of the notes naming such paying agent or agents as the Treasurer may choose. 18. The notes shall be delivered with the unqualified opinion of bond counsel chosen by the Treasurer, approving the legality of the notes, which selection may, at the option of the Treasurer, be for one or more years and the cost of said legal opinion and the printing of the notes will be at the expense of the County, but the expenses will be paid, as provided in this resolution, from the County's 100% Tax Payment Fund. The notes will be delivered at the expense of the County in such city or cities designated by the Treasurer in the Notice of Sale. 19. Notwithstanding any other provision of this resolu tion or other resolutions adopted heretofore, the County hereby covenants with the purchaser (within the meaning of Sections 1.103-13, 1.103-14 and 1.103-15 of the Income Tax Regulations prescribed by the Commissioner of Internal Revenue) of the General Obligation Limited Tax Notes, Series 1982, that the County will make no use of the proceeds of the notes, which if such use had been reasonably expected on the date of issuance of the notes, would have caused the notes to be "arbitrage bonds," as defined in Section 103(c) of the Internal Revenue Code of 1954, as amended, and all rules and regulations relating thereto. 20. The County further covenants that it will not permit at any time any of the proceeds of the General Obligation Limited Tax Notes, Series 1982, or any other funds of the County to be used directly or indirectly in a manner which would result in the exclusion of any of said notes from the treatment afforded by Section 103(a) of the Internal Revenue Code of 1954, as amended, by reason of the classification of the notes as "Industrial Development Bonds" within the meaning of Section 103(b) of the Internal Revenue Code of 1954, as amended, and all rules and regulations thereto. 21. The County shall keep full and complete records of all deposits to and withdrawals from each of the following funds and accounts: (a) all of the accounts into which are deposited any Funds Pledged to Note Repayment; (b) the 1982 Note Reserve Fund, and (c) the Fund, and of all other transactions relating to such funds and of all investments of moneys in such accounts and the interest and gain derived therefrom. 22. At the option of the Treasurer, the Treasurer may repurchase the notes maturing on May 1, 1986 on May 1, 1985 at par by entering an order to that effect prior to offering the notes for sale. If this option is exercised, the Notice of Sale and note form shall be adjusted to reflect the offer to repurchase. 23. At any time it appears to be in the best interests of the County, the Treasurer may issue advance refunding notes upon execution of an order providing for such notes, which notes need not be approved by prior order of the Municipal Finance Commission. FINANCE COMMITTEE I HEREBY APPROVE THE FOREGOING RESOLUTION ** No page found ** #82007 #82008 #82009 February 4, 1982 Moved by Caddell supported by Whitlock the resolutions be adopted. AYES: Page, Perinoff, Pernick, Peterson, Prlce, Whltlock, Wilcox, Aaron, Caddell, Cagney, Calandro, Doyon, Fortlno, Geary, Gosling, Hobart, Jackson, Lanni, McDonald, Moffltt, Montante, Moore, Olsen. (23) NAYS: None. (O) A sufficient majority having voted therefor, the resolutions were adopted. STATE OF MICHIGAN COUNTY OF OAKLAND this . I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolutions #82007, 82008 and 82009 adopted by the Oakland County Board of Commissioners at their meeting held on February 4, 1982. with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Hichigan 4th day of February 1982 LYNN D. ALLEN County Clerk/Register of Deeds