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HomeMy WebLinkAboutResolutions - 1976.08.19 - 14060RESOLUTION NO. 7664 BY: IN RE: HOBART DRAIN TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIS AND GENTL111:, WHEREAS, proceedings have been taken by the Statutory - Drainage Board for the construction of the Hobart 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 said Drainage Board by resolution adopted on July 28, 1976, authorized and provided for the issuance of bonds in the aggregate principal amount of $215,000 in anticipation of the collection of an equal amount of special assessments against the Township of Pontiac, and the County of Oakland, said special assessments having been duly confirmed by said Drainage Board; and WHEREAS, said bonds are to be designated Drain Bonds, are to be dated October 1, 1976, will bear interest at a rate not exceeding 8% and will not be subject to redemption prior to maturity; and WHEREAS, said Drainage Board deems it advisable and necessary to obtain from this Board a resolution consent- ing to the pledge of the full faith and credit of the county on the aforesaid bonds; and WHEREAS, the said drainage project is immediately necessary to protect and preserve the public health and there- fore it is in the best - interest of the County of Oakland that said bonds be sold. NOW, THEREFORE, BE IT RESOLVED BJ iE 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 Drain Bonds, and does agree that in the event the any public corporation assessed 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. -2-- Lynn D. Allen, MR. CHAIRMAN, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE ChrM3 ADOPTED: Yeas — Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Nowak, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Button. (25) Nays - None. (0) Absent - Aaron, Olson. (2) 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 Boad of Commissioners, held on the 19th d ay o f August 19 76, the original of which is on file in my office. IN WITNESS WFOT2, I have hereunto affixed my official signature this 19th day of August , A.D. 1976. ROBERT H. FREDERICKS Cbi4 Dept Cornmrii(mer 858-0970 GEORGE W. KUHN OAKLAND COUNTY, DRAIN COMMiSE31,,,\JER PUBLIC WORKS DRIVE PONTIAC, MICHIGAN 40.054 858-0958 JAMES E. PEMBERTON Der,lay and Chic/ En,cineer 558-0972 August 10, 1976 Honorable Commissioners County of Oakland 1200 N. Telegraph Road Pontiac, Michigan Reference: HOBART DRAIN Mr. Chairman, Ladies tlemen: There is submitted to you herewith a certified copy of a resolution adopted by the Drainage Board for the Hobart Drain authorizing the issuance of Drain Bonds in the aggre- gate principal amount of $215,000 pursuant to the provisions of Chapter 20 of Act No. 40 of the Public Acts of 1956, as amerJod, and other applicable law. Also submitted to you her=ith is a form of proposed resolution for adoption by the Bo'Ird of Commissioners for the purpose of reaffirming the pledge of full faith and credit of the County of Oakland. as •secondary security for payment of said Drain Bonds. The said Drain Bonds are issued in anticipation of the payment by the Towship of Pontiac and the County of Oakland in the aggregate 7:--nt of at 1r7t. equal to the amount of said Bonds. The full faith and credit of said public corporation is pledged, by law, to the prompt payment of said as:,--1 ,rnts and the interest thereon when due. The law further authorizes and obligates said public corporation to levy a tax in an amount sufficient to make said payment (unless other funds are on hend available for said purpos ,7) which tax may be levied with- out limitation as to rate or Lnt. The County is entitled, by law, to recover from said public corporation the amount advanced from County funds at =y time in fulfillment of the County's secondary pledge of its full faith and credit. AGE BOARD eorge W. K13:!-: Al6Ran crinott,ember rence R. Pernick, Member NER OAKLAND COUNTY DRAI.. COM1V;ISS Honorable Commissioners August 10, 1976 County of Oakland Page 2 It is respectfully requested that the enclosed resolution be reaffirmed for the reasons set forth in the preamble and because the pledge of the County's full faith and credit will result in a material savings in bond interest to be paid. sil enclosures 12,316.00 1,554.00 1.,200.00 180.00 100.00 1!011P.RT DRAIN CONSTRUCTION ENGINEER'S DESIGN FEE RESIDENT ENGINEER SOIL & MATERIAL TESTING 3. INSPECTION 4. STAKING & LAYOUT 5. PUBLISHING OAKLAND PRESS MICH, CONT. & BUILDER DAILY BOND BUYER 6e BOND PRINTING 76 RIGHTS-OF-WAY 8. BOND COUNSEL 9, FINANCIAL CONSULTANT 10. ACT 347 PERMIT 11. DRAINAGE BOARD MEETING COSTS 12. BOND PROSPECTUS 13. CAPITALIZED INTEREST (215,000 X 8% x 1 YR.) 14. ,CONTINGENCIES (7.51%) ° $142.056.16 • 15,070.00 4,000.00 1,000.00 880.00 400.00 9,750.00 2,150.00 3,500,00 415.00 360.00 3,200,00 17,200,00 1.8.84 TOTAL ESTIMATED COST $215,000.00 ° PREPARED BY 1 - & JAMES E. TEMBERTON6 PUTY & CHIEF. LNGINEER APPORTIONMENT OF COST TOTAL COST ESTI•E $215,000 Township of Pontiac 86.457 County of Oakland 13.557, Stale of Michigan 0.007 - TWO% [I-- DRAIN COMMISSIONER'S OFFICE COUNTY OF OAKLAND . MICHIGAN