Loading...
HomeMy WebLinkAboutResolutions - 1976.11.03 - 14303The following resolution is with reference to Evergreen Sewage Disposal System - Bloomfield Township Trunz Arms - Stage Two and !,:)age Three ir and is to (a) modify the official Notice. of Sale for Bonds to include maximiim interest rate of 8% instead of 10% per annum; (b) modify Board of Commissioner miscellaneous Resolution 7660 changing Bond interest rate to he capitalized 8% per annum for 12 months and since a copy of the resolution has, prior to this meeting been mailed to all members of this Board I respectfully request that reading of same be waived. The Planning and Building Committee, by Patrick K. Daly its Chairman , moves the adoption of the following Resolution: At a regular meeting of the Board of Commissioners of Oakland County, Michigan, held in the Commissioner's Auditorium in the County Service Center, in the City of Pontiac, Michigan, Thursday 4th November 9:30 on the day of , 1976, at o'clock A.M., Eastern Standard Time. PRESENT: Aaron, Button, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, (27) ABSENT: None. (0) Miscellaneous Resolution No. 7725 Recommended by County Drain Commissioner as County Agency Re: EVERGREEN SEWAGE DISPOSAL SYSTEM - BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE TWO AND STAGE THREE Submitted by Mr. Daly AMENDMENTS TO BOND RESOLUTION Daly Mr. offered the following resolution which was approved by the County Agency and the Planning and Building Committee. WHEREAS, there is herewith submitted a substitute Official Notice of Sale in which the maximum rate of interest to be borne by the $1,700,000 Oakland County Sewage Disposal Bonds - Evergreen System - Bloomfield Township Trunk Arms - Stage Two and Stage Three is reduced from 10% per annum to 8% per annum; and WHEREAS, the Board of Commissioners, by miscellaneous resolution No. 7660, dated on August 19, 1976, did approve a Bond Resolution providing for the issuance and saLe of said $1,700,000 of Oakland County Sewage Disposal Bonds, to be dated September 1, 1976, and approving a form of Official Notice of Sale, and it is now necessary to amend paragraph 5 of said resolution to change the amount of interest to be capitalized and payable from the proceeds of said bonds at the revised rate of interest of 8% per annum for the period of twelve months; and WHEREAS, the County Drain Commissioner as County Agency has approved this resolution and recommended its adoption by the Board of Commissioners. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, that paragraphs 5 and 10 of the Bond Resolution heretofore adopted by this Board on August 19, 1976, be and each hereby is amended to read as follows: 5. That all moneys paid to the County by the Township of Bloomfield pursuant to said Contract of August 1, 1976, shall be set aside by the County Treasurer in a separate fund and bank account to be used solely for the payment of the principal of and interest on the bonds herein authorized. Interest payable on the bonds for the period of twelve months from the date thereof is capitalized and is payable from the proceeds of said bonds. 10. That sealed proposals for the purchase of $1,700,000 of Oakland County Sewage Disposal Bonds - Evergreen System - Bloomfield Township Trunk Arms - Stage Two and Stage Three to be dated September 1, 1976, be received up to a time to be later determined by the County Agency, and that notice thereof be pub- lished in accordance with law in the Bond Buyer and in the Oakland Press, which notice shall be substantially in the following form: OFFICIAL NOTICE OF SALE $1,700,000 County of Oakland, State of Michigan OAKLAND COUNTY SEWAGE DISPOSAL BONDS - EVERGREEN SYSTEM - BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE TWO AND STAGE THREE SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of the Oakland County Board of Public Works located at 1 Public Works Drive, Waterford Township, Pontiac, Michigan, on , the day of 1976, until o'clock _.M., Eastern Daylight Time, at which time and place said bids will be publicly opened and read. BOND DETAILS: Said bonds will be coupon bonds of the denomination of $5,000 each, dated September 1, 1976, numbered in direct order of maturity from 1 upwards and will bear interest from their date pay- able on May 1, 1977, and semi-annually thereafter. Said bonds will mature on the 1st day of May, as follows: 1979 - $25,000 1980 - 25,000 1981 - 25,000 1982 - 25,000 1983 - 25,000 1984 - 25,000 1985 - 25,000 1986 - 25,000 1987 - 50,000 1988 - $50,000 1989 - 50,000 1990 - 50,000 1991 - 50,000 1992 - 50,000 1993 - 75,000 1994 - 75,000 1995 - 75,000 1996 - 75,000 1997 - $100,000 1998 - 100,000 1999 - 100,000 2000 - 100,000 2001 - 100,000 2002 - 100,000 2003 - 100,000 2004 - 100,000 2005 - 100,000 PRIOR REDEMPTION: Bonds maturing on and after May 1, 1991, shall be subject to redemption prior to maturity, at the option of the County, in whole or in part, on any one or more interest payment dates on or after May 1, 1990, at par and accrued interest to the date fixed for redemption, plus a premium as follows: 3% of the par value of each bond called for redemption on or after May 1, 1990, but prior to May 1, 1995 2% of the par value of each bond called for redemption on or after May 1, 1995, but prior to May 1, 2000 1% of the par value of each bond called for redemption on or after May 1, 2000, but prior to maturity. Thirty days notice of redemption shall be given by publica- tion, at least once in a newspaper or publication circulated in the State of Michigan, which carries as a part of its regular service, notices of the sale of municipal bonds. If less than the whole of outstanding bonds is to be redeemed, the county shall choose and shall specify, by number and maturity, the bonds to be redeemed on the date specified in the notice to be published. Bonds called for redemption shall not bear interest after the redemption date, pro- vided funds are on hand with the paying agent to redeem the same. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only, all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon. The difference between the highest and the lowest rate of interest borne by any of said bonds shall not exceed two percentage points. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in Michigan qualified to act as pay- ing agent under State or United States law, to be designated by the original purchaser of the bonds, which shall be subject to approval of the undersigned. A co-paying agent similarly qualified and located anywhere may also be so designated. PURPOSE AND SECURITY: The bonds are to be issued pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended, to defray the cost of acquiring and constructing the Evergreen Sewage Disposal System - Bloomfield Township Trunk Arms - Stage Two and Stage Three, consisting of sewage collection, transmission and disposal facilities to serve the Township of Bloomfield. The bonds are to be issued in anticipation of, and are primarily payable from, payments to be made by the Township of Bloomfield pursuant to a certain Contract dated August 1, 1976, between the County of Oakland and the Township of Bloomfield wherein said Township of Bloomfield agrees to pay to the County of Oakland the cost of said Trunk .Arms in installments equal to the annual principal maturities and the semi-annual maturities of interest on the bonds of this issue. The full faith and credit of said Township of Bloomfield has been pledged for the making of said payments. FULL FAITH AND CREDIT OF COUNTY: Pursuant to resolution adopted by its Board of Commissioners, the County of Oakland has pledged its full faith and credit for the payment of principal of and interest on the bonds. GOOD FAITH: A certified or cashier's check in the amount of.$34,000, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the County must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. The good faith check of the successful bidder will be immedi- ately cashed and payment for the balance of the purchase price of the bonds shall be made at the closing. AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 19 to their maturity and deducting therefrom any premium. CUSIP: CUSIP numbers have been applied for and will be imprinted on all bonds of this issue at the issuer's expense. An improperly imprinted number will not constitute basis for the purchaser to refuse to accept delivery. LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Dickinson, Wright, McKean, CudliP & Moon, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. DELIVERY OF BONDS: The County will furnish bonds ready for execu- tion at its expense. Bonds will be delivered without expense to the purchaser at New York, New York, Chicago, Illinois, or Detroit, Michigan. The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the County shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery. FINANCIAL CONSULTANT: Further information with respect to said bonds may be obtained from Shannon & Co., 2012 Penobscot Building, Detroit, Michigan, 48226. Telephone" (313) 965-1855. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES: containing the bids should be plainly marked "Proposal for Bloomfield Township Evergreen System Bonds". /s/ George W. Kuhn Oakland county Drain Commissioner, County Agency DATED: r 1976. APPROVED: 1976. STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION Mr. Daly BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions, insofar as the same may be in conflict herewith, PLANNING AND BUILDING COMMITHE 13 moved the adoption of the foregoing resolution, which motion was supported by Mr. Murphy On roll call, the resolution was ( ) adopted by the following vote. YEAS; Daly, Dearborn, Douglas, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Noak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, (26) are hereby rescinded. are hereby rescinded. NAYS: None: (0) ABSENT; Dunleavy, Dated: November 4 1976, STATE OF MICHIGAN ) ss: COUNTY OF OAKLAND ) I, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of the proceedings pertaining to the Evergreen Sewage Disposal System - Bloomfield Township Trunk Arms - Stage Two and Stage Three, duly adopted and taken by the Board of Commissioners of said County at a regular meeting held Thursday November 4 , 1976, the originals of which are on file in my office. . Lynn 0, Allen ,pounty Clerk, Oakland County