HomeMy WebLinkAboutResolutions - 1970.07.02 - 164516-6— (b)
THIS RESOLUTION IS ALSO
EXTENSIONS AND IS TO APPROVE ftwommatsgoonsagrmak
WITH RESPECT TO THE ORION TOWNSHIP m"Rwrotagamownwasmom
THE BOND RESOLUTION, PROVIDING AUTHORITY
TO SELL $10,220,000 OF BONDS.
THE RESOLUTION HAS BEEN APPROVED BY BOTH THE BOARD OF PUBLIC WORKS
AND THE PUBLIC WORKS COMMITTEE — AND SINCE A COPY HAS PREVIOUSLY BEEN
MAILED TO ALL MEMBERS OF THIS BOARD -- I RESPECTFULLY REQUEST THAT READ-
ING OF SAME BE WAIVED, AND MOVE ITS ADOPTION.
, supported by C;00. IQ Moved by 6n,Ale fiGed
Yeas:
Nays:
Absent:
Motion
4 .*
James M. Brennan
Thomas H. O'DonOghue / Frank Rich6rdson
-1"6-1-tf'14 George 1\T,c4ba Mahlon Benson, Jr.
At a meeting of the Public Works Committee of the Board of Commissioners held at
00 ra7c- ,44 44,17 7 #
on 17");e'S joily the ie.,5-26 day of \.7.1. , 1970 at•
.e61 o'clock /9* .M., Eastern Standard Time, it was:
that the attadhed Resolution, 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.
At a regular meeting of the Board of Commissioners of
Oakland County, Michigan, held in the Commissioners' Auditorium in
the County Service Center, in the City of Pontiac, MiohiApan, on 9:10
Thursday the 2nd day of July , 1970, at Vo4(0 o'clock
A.M., Eastern Standard Time.
PRESENT:
Aaron, Bawden, Benson, Brennan, Coy, 'Edwards, Gabler, Grba,
Hamlin, Norton, Nought-en, Mainland, Mastin,. Mathews, O'Brien,
O'Donoghue, Olson, Patnales, Perinof, Pernick, Powell,
Richardson, Szabo, Walker, Wilcox. (25)
ABSENT:
'Kasper, Richards. (2)
;1!
Miscellaneous Resolution No. 5441
Recommend by Board of Public Works
Re: CLINTON-OAKLAND SEGE DISPOSAL
SYSTEM - ORION TCW7::,-P EXTELC
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 June 15, 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 all of tthe Township of Orion; and
WHEREAS, pursuant to Board of Commissioners Resolution
5440 Miscellaneous No. , adopted on this date, and pursuant to
a resolution adopted by the governingHbody of the Township of Orion
the County of Oakland and the said Township entered into a Contract
dated as of May 1, 1970, whereby the County agreed to construct and
finance in one or more phases, the Orion Township Extensions to said
Clinton-Oakland Sewage Disposal System and the Township agreed to
pay the total cost thereof, based upon the total estimated cost of
the project, and as represented by the amount of bonds issued by the
County to finance said Orion Township Extensions, which said Contract
is set forth in full in the said resolution of this Board of
Commissioners; and
WHEREAS, construction plans and specifications for the
Clinton-Oakland Sewage Disposal System - Orion Township Extensions as
prepared by Johnson & Anderson, Inc, registered professional engineers,
and an estimate- of $10,220,000 as the cost of said Extensions 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 Countyand by the governing body of the
Township of Orion; 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 BOARD OF COMMISSIONERS
OF OAKLAND COUNTY, MICHIGAN, as follows:
1. That the bonds of said County of Oakland, aggregating
• the principal sum of Ten Million Two Hundred Twenty Thousand Dollars
($10,220,000) be issued for the purpose of defraying the cost of
acquiring said ClintonOakland.Sewage Disposal System - Orion Town-
ship Extensions. That said bonds shall be known as "Oakland
County Sewage Disposal Bonds - Clinton-Oakland System, Orion Township
Extensions"; shall be dated November 1, •1970; shall be numbered
consecutively in the direct order of their maturities from 1 upwards;
shall be in the denomination of $5,000 each; shall bear interest at
a rate or rates tb be hereafter determined not exceeding eight percent
(8%) per annum, payable on May 1, 1971 and semiannually 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 - $ 20,000
1975 - 150,000
1976 - 150,000
1977 - 150,000
1978 - 175,000
1979 - 200,000
1980 - 225,000
1981 - 250,000
1982- 275,000
1983 - 300,000
1984 - $325,000
1985 - 350,000
1986 - 375,000
1987 - 400,0.00
1988 - 400,000
1989 - 425,000
1990 - 450,000
1991 - 475,000
1992 - 500,000
1993 - 500,000
1994 - $550,000
1995 - 575,000
1996 - 600,000
1997 - 600,000
1998 - 600,000
1999 - 600,000
2000 - 600,000
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 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, 1979. 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:
2% if called to be redeemed on or after May 1, 1979, but
prior to May 1, 1990.
1% if called to be on or after May 1, 1990, 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 its regular service, notices of the sale
of munioipal 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
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 similarly qualified co-paying agent.
3. That the Chairman of the Board of Commissioners and
the County Clerk, of the County of Oakland are hereby authorized
and directed to execute 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 ,
4. That the said bonds are to be issued pursuant to
the provisions of No„ 185 of the Mic. Public Acts of 1957
as amended, in anticipation of the payments to become due to the
County from the Township of Orion under said Contract of May 1,
. 1970, which payments are in the principal itiou_lit 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 Orion 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
Orion 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 1, 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:
UNITED STATES OF AMERICA
STATE OF MICHTGM
COUNTY OF OAKLAND
OAKLAND COUNTY SEWAGE DISF)SAL BOND -
CLINTON-OAKLAND SYSTEM., ORION TCwINS;TIP EXTE:NIONS
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 THOUSAND 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
in the City of upon presenta-
tion 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 2044, both inclusive, aggregating the principal sum of Ten
Million Two Hundred Twenty Thousand Dollars ($10,220,000), 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 ccetst of the Clinton-Oakland Sewage Disposal
System - Orion Township Extensions in the Township of Orion.
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 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, 1979. Bonds called for
redemption shall be redeemed at the par value thereof and accrued
interest plus a permium on each bond computed as a percentage of the
face amount thereof in accordance with the following schedule:
2% if called to be redeemed on or after May 1, 1979, but
prior to May 1, 1990.
1% if called to be redeemed on or after May 1, 1990, but
prior to maturity,
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 reeTulen servioe, nel;,±oes
of the sale of municipal bonds. Bonds so called for T .e.m•tion
shall not bear interest after the date fixed for redemption, pro-
vided funds are on hand with the paying agent to redeem the
This bond as to both principal and interest, is payable
from moneys to be paid to the County of Oakland by the Township of
Orion pursuant to a certaih Contract dated May 1, 1970, between
the county of Oakland and said Township whereby the said Township
agrees to pay to the said County the Cost of the Clinton-Oakland
Sewage Disposal System - Orion Township Extensions in annual install
ments 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 fulie 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 declared 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 corporateseal to be affixed hereto,
and has caused the annexed interest coupons to be executed with the
facsimile signatures of said Chairman and County Clerk, all as of the
first day of November, A.D. 1970.
COUNTY OF OAKLAND, MICHIGAN
By
Chairman of its Board of Commissioners
By
Its County C
(SEAL)
erk
f':
Nilmbeir
On the 1st day of A.C1 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 s-fonty Sewage Disposal Bond
- Clinton-Oakland System, Orion Township Extensions, dated November
1, 1970, No.
(FACSIMILE) (FACSIMILE)
County Clerk Chairm n of the Board of Commiss
William M. Richards,: ;
) 7/
E. p-ank Richardson •
Mahlon Benson,
James M. Brennan ,
, -
Thomas H. O r Donoghue
-12
N ,eAb a
7. That the said bonds shall not be isse.d '1:J1 the
Municipal Finance Comission of the Sate of miel-An ',11 7 have
first issued its order granting permission to so do, as provided in
Act No. 202 of th Michigan Public Acts of 1943,. as amended, and
the Board of Public Works through its :Director is hereby authorizd
and directed to make application to said commission for the issuance
of such order.
8. 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 necessary to effect
the sale and issuance of said bonds, subject to the provisions of
this resolution.
9. All resolutions and parts of resolutions, insofar as
the same may be in conflict herewith, are hereby rescinded.
• PUBLIC WORKS COMMITTEE
_
—1:
, ----... „... n '; .--'. ?...,-; ,
Harry WV. Horton, Chairman [ / ,,, 7.)'/Y — / J d 0
Supported by Mr Ol son
AYES:
WBrien, )'Donoghue, Olson, Patnales, Perinoff, Pernick„ Powell,
Richardson, Szabo, Walker, Wilcox, AarOn, Bawden, Benson, Coy,
Edwards, Gabler, Grba, Hamlin, Horton,lHoughten, Mainland, Mastin,
Mathews. (24)
NAYS:
Brennan. (1)
ABSENT:
Kasper, Richards, (2)
Motion carried.
NAYS;
ABSENT;
Motion carried.
STATE OF MICHIGAN )
' COUNTY OF OAKLAND )
1, the undersigned, the duly qualified and acting •
County Clerk of the County of Oakland, jdo hereby certify that the
foregoing is a true and complete cow Of a resolution adopted
at a Regular meeting of the Oakland County Board of Corn-'
missioners, held on the 2nd July day of 1970, the
original of which is on file in my officee
IN WITNESS WHEREOF, I have hereunto affixed my
official signature this 2nd day of July , A .D. A D 1970
Lynn D. Al len, County Clerk