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HomeMy WebLinkAboutResolutions - 1970.08.06 - 16349/7// ci4 da Y of %." // M. , Eastern Standard Time, it was: supported by , 1970 at Moved by , r the Absent: / t„ a meeting of the Public Works Committee of the Board of Commissioners held at that the attached Resolutic,,n, having previously been approved by the Board of Public Works, is approved by this Committee and transmitted to the Board of Commissioners with the recommendation that same be adopted. Yeas: Nays: /- Motion PUBLIC WORKS COMMITTEE arry Worton, Chairman • (.,/ of a regularTe .:Ly •:Df. the 7::! in the City of Aubtst Pontiac, Michigan, on the a t 9:30 6 th clay of M.Mi, o'clock A,M,, Eastern Standard Time PRE57NT: Aaron, Bawden, Benson, Brennan, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, 0' Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox, (27) Oak land County, held in.tha ABSENT; None. (0) :7,:e ,77:luti,on No. 5451 Recommended by Doard of Publi Re: CLINTON-OAKLAND SEWAGE DISPOF7,,T, SYSTEM - PONTIAC T.rv:n -SHTP 7= Submitted by Mr. _Horton BOND RESOLUTION Mr . Horton offered the following resolution which was approved by the Board of Public Works at their meeting of July 20, 1970: WHEREAS, the Board of SuperviSors of Oakland County, by Miscellaneous Resolution No. 4342, adopted on June 22, 1964, did approve of the establishment of the Clinton-Oakland Sewage Disposal System to serve the Clinton-Oakland Sewage Disposal District, within which district lies part of tthe Township of Pontiac; and W=REAS,, pursuant to Board of,Comanissioners Resolution Miscellaneo No 5445, ado pte d on July 2, 2.970, and pursuant to a resolution adopted by the governing h*ly of the Township of Pontiac, the County of Oakland andthe said Township entered into a Contract dated as of May 1, 1970, whereby the Co unty agreed to construct finance the Ponti- TowY)•hil-;, 77 .7.ionslto said Clinton-Oakland• Sewage Disposal Syt'=, Ou:hi o to pay the tcA;a1 thereof, ',Lain upon the total represented by the amount of s•J ,.,3 by the Co• said Pontiac Township Extensions, whi-Th Did Contat, is set forth in full in the said resolution of this Bod of Commission and ::.!cost of the -rroject, WHEREAS, construction plans and specifications for the Clinton-Oakland F:-,sr.qe Disposal System 1Pont1ac Townsh* T:stsnsisns as prepared by John E. Hiltz & Associates, Inc., registered pro- fessional engineers, and an estimate of $7,520,000 as the cost of said E.;:tsnsjons and an estimate of fifty: (50) years and upwards as the period of usefulness thereof, as prepared by said registered professional engineers, have been approved by the Board of Public Works and by this Board of Commissioners of Oakland County and by the governing body of the Township of Pontiac; and WHEREAS, pursuant to the provisions of said Contract of May 1, 1970, the aggregate amounts of the several annual install- ments to be paid by the Township to finance the project are the same as the annual bond maturities hereinafter set forth; and WHEREAS, under said Contract of May 1, 1970, the said Township is to pay annually the amount of each annual installment to the County and in addition thereto is to pay semi-annually interest and paying agent fees and other bond handling costs as determined pursuant to said Contract; and WHEREAS, the County is desirous of issuing bonds in anticipation of the payments to be made by the said Township under said Contract of May 1, 1970; 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 TynnD 02 OF OAELAND COUNTY, MICHIGAN, as follows 1, 1970; shall 3-).=, f their mai-urits Fi-nm Cs $5,C7;;0 each; shF 1 1 the amlln of Toy,: the akian ($7,520,000) be .ring said Clinton. 72.hand. 7 tha Aac Thr:34-: said bonJM7::; Tp czawage Dis - Clintoh- 19$4 1985 1986 7,ticn prior to maturity, 7 a t inte.rest na- for r accrIled losus of th's face on nn ,:9. P.Ftee 1-le I Tilus a 17cr..amm. on e t thereof in a.c, li7C70 p4: as nan the fo all.e7,,7i7- Y1.1 •• „: c -- 1. ThE,,,t the Township 17,xtn -Hn5"; shall be dated No numbered consec-ftively in the direct 1 upwards; shall be in the interest at a rate or rates to be he7,:e0ter 77termired not axcoe.T eight percent (8%) per annum, payable .• May 1, 1971 and semi-a ,11- 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 1974 - 1975 - 1976 - 1977 - .H.1978 - 1979 - 1990 - 1921 - 1982 - 1983 - $ 20,000 100,000 100,000 125,000 125,000 125,000 150,uvu 150,000 175,000 $175,000 )(r) rr qpn 225,000 225,000 - 250,000 1990 - 250,000 1991 - 275,000 1902 - 300,000 325,00 j0D4 - $350,000 - 375,000 - 400,000 - 400,033 - 400,DC, - 400, 2000 - 400,00 2001 - 400,000 ,;Lfa Ane-1 p UL Ponds maturing prior to May 1, 1980, shll not be subject to ra= matunino n and after Ya: 1, 1980, shall be subject to rr on 1-umcric the option of the Cnnr prior to m,T-irl.ty on anv one or :1771 and directed to deliver s if. bonds purchaser ther e of, upon Y. 2% if called to be redeemed. on or after May 1, 1 979, but prior to I, 19, 1% if called. to I, 199C, buit., prior to 7 Noti c e of rede72+'ion shall be given to the holders of the bi.T.s be rede. by publication of such notice not less than thirty (3P) to the date fixed for red.,em ion, at least once in a • • nows:2aper or publication circulated in the City of Detroit, 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, rrovided funds are on hand with the paying agent to redeem the same. All bonds shall h ave proper coupons attached thereto evidencing interest to their respective dates of maturity. 2. 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 simile ly qualified co-paying agent 3. That the Chairman of the =3::::;:d of Commissios the County Clerk, of the County of OakVaTid are hereby authorized and directed to crxcute said bonds for and or, bch.alf of the said County and to affix the seal of said Co unty ther e to, and to etocu the interest upons to be attar. to said s by cal:)ir b affixed thereto their facsimil that execution of said bonds and attache eapc7, the delivered to the TJ -reT: of C7D is 4.. That the said bonds are to: be issued rursuant to the provisions of Act No, 185 of the Public 1957 as amende, in anticipation of the payments to be County the Township of Pontiac under said Cont7i7ct of May 1, 1970, which payments are in the principal amount of the bonds with interest thereon as therein provided. As provided in said Act N,), 185, the full faith and credit of the Township of Pontiac 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. ! 5. That all moneys paid to the County by the Township of Pontiac pursuant to said Contract of May 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 May 1, 1971, November 1, 1971 and May l 1972, is capitalized and is payable from the proceeds of said bonds. 6. That said bonds and attached coupons shall be substantially in the following form: Notice of redo for redemption ion he given to the hcT.thon. of publication of SUrTh. notice rc.t _UNITED STATES OF MT:RICA OF C017,77 OF OAKLAND COUNTY SEWk7E DISPOSAL C7 77.-CULAND SYSTEM, PONTIAC OVINSE.7:7? Number $5,000 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 TH01-7D DOLLARS on 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 May 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 e , upon presenta- in the City of tion and surrender of this bond and the Counons 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 ..7neT - 1 to 1504, both inclusive, aggregating the principal sum of Seven Million Five Hundred Twenty Thousand Dollars ($7,520,000), 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 the Clinton-Oakland Sewage Disposal System - Pontiac Township Extensions in the Township of Pontiac, Bonds of this series maturing prior to May 1, 1980, ar-r:4 nc subject to redemption prior to maturity. Bonds maturing on or af May 1, 1980 shall be subject to rede=ti6n in inverse numerical at the option of the County prior to m2trity on any one or mor interest payment dates on and after May I, 1979. Bonds call , redemption shall be redeemed at the p77 value therc -7 and interest plus a Premium on each bond cc.7 -,Tted an a face amount thereof in accordance with followj 2% if called to be red ,7.:d on or after May 1, 1979, but ... prior to May 1, 1990. 1% if called to be redeed on or after May 1, 1990, bflt prior to maturity. the (30) prior to the data fin a n:Ts, or oir M.ich7an, of the 9,_=.7r• of shall noi: hear intr aftr the 7.te fcr vided f1:17 are on 'land with the -17,i):0 1 7t to this bond as to both urine from to be paid to the County of Pontiac irsuant to a certain Contract the Co=ty of Oakland and said Townshia. agrees to pay to the said County the Sewage Disposal System - Pontiac Tow ments in the same amounts as the annua] of this issue and Frai-annually to and bond handling charges such p. (30) days prior to the re5pecti7 chle The full faith and credit of said Tcwn51--) is plodged 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 payent of this bond, principal and interest, when due. - It is hereby certified, recited and declared that all acts, conditions and things required to exist,i hal7 ,pen and be performed precedent to and in the issuance of the bonds of this ser i es, existec7, have happened and have been performed in due time, form and manner as required by the Constitution and Statutes of the State of Nich and that the total indebtedness of said County, including this of bonds, does not exceed any constitutional or statutory 1.7,.j.ta'7i 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, F,77d has caused the annexed interest coupons to be w i th the facsimile signaturs of said Chairman and County Clerk, all as of the first day of Nover, A.D. 1970. COUNTY OF OAKLAND, MICHIGAN By of its By Tftz (c 'A T ) Clerk intert, is pH :land by the T.)wh , I. 7.av 1, 1 97 0 170e sail in Clinto.- in a..-nn771 install- ies of the bonds -it of the interest )1!-. at least thirty :_f -;ed in this bond. Number (COUPON) On the 1st day of A.D. 19 , the County of Oakland, Michigan, will pay to the 1::,er hereof the sum shown hereon in lawful money of the United Stes of America, at the in the City of , same being the interest due on that day on its Oakland Sewage Disposal Bond - Clinton-Oakland System, Pontiac Township Extensions, dated November 1, 1970, No. (FACSIMILE) County Clerk (FACSIMILE) Chairman of the Board of Commissioners of -C,3.C. James M. Brennan f'/Z\ e kahlonBenson, jr. 7. That the said bonds shall not ho the Municipal Finance Co7mAo.7 of the first issued its order fr.7anting permission to so do, as --,Jieed in Act No. 202 of the Ytic7Agan Public Acts Cf 1943, as 5YJ5d, nd the B.D .r,5, of Public Works through its Director is hereby authoz and directed to make application to said commission for the isu ,]cQ of such order. 8. The Board of Public Works is hereby authorized to sail said bonds at not less than par and accrued interest in accordance with the laws of this state and to do all things necessary to effect the sale and issuance of said bonds, subject to the provisions this resolution. 9. All resolutions and parts Of resolutions, insofar the same may be in conflict herewith, are hereby rescinded. PUBLIC WORKS COMMITTEE arry W .41 orton, Chairman ' / iz jit --?„,,,, 1 J-..., • /114140 M. Richarqs :)-1 <, /I 7/ ./.., -.(/.,..,/,,,,, 1 ----'7i ' ' ' , - . . . - ,: '''';'-- 7 ,r--:,..),-L, ,,,, / . , ' Thoraa.5-1-1-`)0 1 Donoghue ._....-J ,5:". E. Frani( Richardson ---- . moved ths u3.:: en -A.no Mr. Horton ion resolution. Mr. Gabler On roll call the resolution was adonted the fol Ivote, Yeas; Richards, Richardson, Szabo, Walker, 'Wilcox, Aaron, Bawden, Benson, Coy, Gabler, Grba, Hamlin, Horton, Poughten, Kasper, Mainiand, Mathews, O'Brien, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell.(24) Nays: Brennan. (1) Absent: Edwards, Mast in. (2) STATE OF MICHICT,N ) ) ss: COUNTY 07 ) I, the undersigned, the duly qualified and acting County Clerk of the County of Oakland, do hereby certify that the fore- going is a true and complete copy of a resolution adopted at a regular meeting of the Oakland County Bard of Commissioners, held on the 6th day of August , 11970, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 6th day of August , A.D. 1970, Lynn D. Allen, County Clerk