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HomeMy WebLinkAboutResolutions - 1971.02.04 - 16060presented the plans, specifications, mr. Lennon At a regular meeting of the Board of Commis- sioners of Oakland County, Michigan, held in the Board of Commissioners Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road, Pontiac, Michigan, on the 4th day of February 1971, at 10:00 o'clock A.M., Eastern Standard Time PRESENT: Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox. (27) ABSENT: None (0) Miscellaneous Resolution No Recommended by Board of Public Works Re: WEST BLOOMFIELD WATER SUPPLY SYSTEM 5609 estimates and contract mentioned in following resolution a copy 5609 Miscellaneous Resolution No Recommended by Board Of Public Works Re: WEST ELOOMFIELD WATER SUPPLY SYSTEM Submitted by Mr. Lennon BOND RESOLUTION Mr. Lennon offered the following resolution which was approved by the Board of Public Works at their meeting of January 28, 1971 AeoN WHEREAS, the County of Oakland and the Township of West Bloomfield have heretofore entered into the WEST BLOOMFTELD WATER suppLy SYSTEM CONTRACT, dated December 1, 1970, pursuant to which Contract the County of Oakland, acting through its Department of Public Works, has agreed to acquire the West Bloomfield Water Supply System and to finance the acquisition thereof by the issuance of one or more series of county bonds to be primarily secured by the agreement of the Township of West Bloomfield to pay the entire cost of the project; and WHEREAS, plans and specifications for all of the sewage disposal facilities to be acquired and constructed pursuant to said Contract have been prepared by Neree D. Alix, registered - professional engineer and have been approved by the Board of Public Works, and an estimate of $4,825,000 as the cost of Section I of the West Bloomfield Wa ter Supply System, consisting of part of the water Supply faoiIitips to serve the Township of West Bloom- field, has also been approved by the Board of Public Works; and WHEREAS, the Township of West Bloomfield, pursuant to said Contract of December 1, 1970, has agreed to pay to the County the amount of the principal and interest on $4,85,0 00 of bonds issued to finance the project or any portion thereof and, in addition, to pay all paying agent fees and other bond handling costs as determined pursuant to said Contract; and WHEREAS, this County is desirous of issuing bonds in anticipation of payments to be made by the Township of West Bloomfield pursuant to said Contract of December 1, 1970, to finance the cost of acquiring and constructing Section I of the West Bloomfield Water Supply System; and WHEREAS, the County Board of Public Works has approved this resolution and recommended its adoption by the Board of Commissioners. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COPNTY, MICHIGAN, as follows: 1. That the plans and specifications for the water supply facilities to be acquired and constructed pursuant to said Contract of December 1, 1970, and the Exhibit B to said Contract, estimate of the cost of Section I of the West Bloomfield Water Supply System and the Exhibit C to said Contract, schedule of annual principal payments, are hereby approved and the County Clerk is hereby authorized to endorse on said plans and Specifications and exhibits the fact of such approval aid return same to the Board of Public Works. 2, That the bonds of said County. of Oakland, aggregating the principal sum of F our Million Eight Hundred Twenty-Five Thousand Dollars ($4,825,000) be issued for the purpose of defraying the cost of acquiring Section I of the said West Bloomfield Water Supply System. That said:bonds shall be known. as "Oakland County Water Supply Bonds (West Bloomfield Township System)"; shall be dated May 1, 1971; shall be numbered consecutively in the direct order of their•maturities from 1 upwards; shall be in the denomination of $5Q00 each; shall bear interest at a rate or rates to be .hereafter determined not exceeding seven and one-half percent (7-1/2%) per annum, payable on November .- 1, 1971 and semi-annually thereafter on the first days of May and November in each year; and shall mature on the first day of May in each year as follows: 1976 - $ 75,000 1977 - 75,000 1978 - 75,000 1979 - 75,000 1980 - 75,000 1981 - 75,000 1982 - 75,000 1983 - 100,000 1984 - 100,000 1985 - $125,000 . 1986 - 125,000 1987 - 150,000 1988 - 175,000 1939 - 200,000 1990 - 200,000 1991 - 225,000 1992 - 250,000 1993 - $275,000 1994 - 275,000 1995 - 300,000 1996 - 300,000 1997 - 300,000 1998 - 300,000 1999 - 300,000 2000 - 300,000 2001 - 300,000 Bonds maturing prior to May 1, 1980, shall not be subject to re- demption prior to maturity. Bonds maturing on and after May 1, 1980, shall be subject to redemption as a whole on any one interest payment date on or after May 1, •1979, and shall be subject to redemption in inverse numerical order at the option of the county prior to maturity on any one or more interest payment dates on and after May 1, 1989. Bonds so called for redemption shall be redeemed at the par value thereof and accrued interest plus a premium on each bond computed as a percentage of the face amount thereof in accordance with the following schedule; 3% if called to be redeemed on or after May 1, 1979, but prior to May 1, 1989 2% if called tO be redeemed on or after May 1, 1989, but prior to May 1, 1996 1% if called to be redeemed on or after May 1, 1996, but prior to maturity Notice of redemption shall be given to the holders of the bonds to be redeemed by publication of• such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the City Of Detroit, Michigan, which carries as a part of it regular service, notices of the sale of municipal bonds. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem the same. All bonds shall have proper coupons attached thereto evidencing interest to their re- spective dates of maturity, 3. That the principal of said bonds and the interest thereon shall be payable in lawful money of the United States of America, at such bank and/or trust company which qualifies as a paying agent under Federal or Michigan law and which shall be designated by the original purchaser of the bonds. Such purchaser shall have the right to name a similarly qualified co-paying agent. 4,.. That the Chairman- of the Board of Commissioners and the County Clerk, of the County of Oaklana• are hereby authorized and directed to e xecute said bonds for and on behalf of the said county and to affix the seal of said county thereto, and to execute the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile signatures; and that upon the execution of said bonds and attached coupons, the same shall be delivered to the Treasurer of said county who is hereby authorized and directed to deliver said bonds and attached coupons to the purchaser thereof, upon receipt of the purchase price therefor. 5 0 That the said bonds are to be issued pursuant to the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended, in anticipation of the payments to become due to the County from the Township of West Bloomfield under said Contract of December 1, 1970, which payments are in the principal amount of the bonds with interest thereon as therein provided. As provided in said Act No. 185, the full faith and credit of the Township of West Bloomfield is pledged to the making of the said payments when due, and in addition there is hereby pledged, as authorized in said Act No. 185, the full faith and credit of the County of Oakland to the payment of the bonds, both principal and interest, when due, 66 That all moneys paid to the County by the Township of West Bloomfield pursuant to said Contract of December 1, 1970, 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 on November 1, 1971, May 1 and November 1, 1972, is capitalized and is payable from the proceeds of said bonds. . That said bonds and attached coupons shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND Number $5,000 OAKLAND COUNTY WATER SUPPLY BOND (WEST -BLOOMFIELD TOWNSHIP SYSTEM) KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acknowledges itself indebted and for value received, promises to pay to the bearer hereof the sum of FIVE THOUSAND DOLLARS 'the first day of May, A.D. 19 , together with interest thereon from the date hereof until paid, at the rate of ) per centum per annum, payable November 1, 1971, and thereafter semi-annually on the first days of May and November in each year. Both. principal and interest hereof are payable in lawful money of.the United States of America at . . . , in the City of . upon presentation and Surrender of this bond and the coupons hereto attached as they severally mature. This bond is one of a series of bonds of like date and tenor except as to maturity numbered consecutively in the direct order of their maturities from 1 to 965, both inclusive, aggregating the principal sum of Four Million Eight Hundred Twenty-Five Thousand Dollars ($4,825,000), issued under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan, and especially Act No. 185 of the Michigan Public Acts of 1957, as amended, for the purpose of defraying the cost. of Section I of the West Bloomfield Water Supply System consisting of water supply facilities in said Township, Bonds of this series maturing prior to May 1, 1980, are not subject to redemption prior to maturity. Bonds maturing on or after May 1, 1980 shall be subject to redemption as a whole on any one interest payment date on or after May 1, 1979, and shall be subject to redemption in inverse numerical order, at the option of the County prior to maturity on any one or more interest payment dates on and after May 1, 1989. Bonds called for redemption shall be redeemed at the par value thereof and accrued interest plus a premium on each bond computed as a percentage of the face amount thereof in accordance with the following schedule: 3% if called to be redeemed on or after May 1, 1979, but prior to May 1, 1989. 2% if called to be redeemed on or after May 1, 1989, but prior to May 1, 1996 1% if called to be. redeemed on or after May 1, 1996, but prior to maturity. n o oard of Supervisors Chai Notice of redemption shall be given to the holders of bonds called for redemption by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the City of Detroit, Michigan, which carries as a part of its regular service, notices of the sale of municipal bonds. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying agent to redeem the same, This bond as to both principal and interest, is payable from moneys to be paid to the County of Oakland by the Township of West Bloomfield pursuant to a certain Contract dated December 1, 1970, between the County of Oakland and said Township whereby the said Township agrees to pay to the said County the cost of said Section I of the West Bloomfield Water Supply System 17, K]t Bim- field Township in annual installments in the same amounts as the annual maturities of the bonds of this issue and semi-annually to pay the amount of the interest and bond handling charges, such payments to be made at least thirty (30) days prior to the respective due dates specified in this bond, The full faith and credit of said Township is pledged for the prompt payment of its obligation pursuant to said Contract, and in addition, by affirmative vote of three fifths (3/5ths) of the members elect of its Board of Commissioners the full faith and credit of the County. of Oakland is pledged to the payment of this bond, principal and interest, when due. It is hereby certified, recited and dedlared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by the Constitution and Statutes of the State of Michigan, and that the total indebtedness of said county, including this series of bonds, does not exceed any constitutional or statutory limitation, IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be signed in its name by the Chairman of said Board of Commissioners and by the County Clerk of the county, and its corporate seal to be affixed hereto, and has caused the annexed interest coupons to be executed with the facsimile signatures of said Chan and County . Clerk, all as of the first day of May, A.D. 1971, COUNTY OF OAKLAND, MICHIGAN By By Its County Clerk (SEAL) (COUPON) Number On the 1st day of , A.D. 19 , the County of Oakland, Michigan, will pay to the bearer hereof the sum shown hereon in lawful money of the United States of America at the , in the City of same being the interest due on that day on its Oakland County Water Supply Bond (WeSt Bloomfield Township System), dated May 1, 1971, No. (FACSIMILE) (FACSIMILE) County Clerk Chairman of the Board of Commissioners 8. That the said bonds shall not: be issued until the Municipal Finance Commission of the State of Michigan shall have first issued its order granting permission to so do, as provided in Act No. 202 of the Michigan Public Acts of 1943,,as amended, and the Board of Public Works through its Director is hereby authorized and directed to make application to said commission for the issuance of such order. 9. The Board of Public Works is hereby authorized to sell said bonds at not less than par and accrued interest in accordance with the laws of this state and to do all things neces- sary to effect the sale and issuance of said bonds., subject to the provisions of this resolution. 10. All resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded. Be,rnard F. Lehnon, Chad an Dale C. Burley Patrick K. Daly Robert F. Patnales PUBLIC WORKS COMMITTEE Lennon and seconded by Mr. Mainland Mr. The adoption of the foregoing resolution was moved by On roll call the resolution was adopted by the following vote: AYES: Aaron, Barakat, Bawden, Burley, Coy, Daly, Gabler, Hamlin, Harrison, Horton, Kasper, Lennon, Mainland, Mathews, Perinoff, Pernick, Powell, Richardson, Simson, Wilcox. (20) NAYS: None (0) STATE OF MICHIGAN ) ss: COUNTY OF OAKLAND ) I, the undersigned, the County Clerk of the County of Oakland, State of Michigan, do hereby certify that I have compared the annexed copy of proceedings of the Oakland County Board of Commissioners, taken at a reguTar meeting held on February 4, 1971, in the. matterof $4,$25,000 Oakland County Water Supply Bonds (West Bloomfield Township System), with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and : affixed the seal of said County at Pontiac, Michigan, this 4th day of February , 1971. County Cler