Loading...
HomeMy WebLinkAboutResolutions - 1970.07.02 - 164536-7—(3) THIS RESOLUTION ALSO IS WITH REFERENCE TO THE NOVI TRUNK EXTENSION vanwooftwoutroftwagwom.as NO. 1 AND IS TO APPROVE THE BOND RESOLUTION PROVIDING AUTHORITY TO SELL $1,240,000 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 READING OF SAME BE WAIVED, AND MOVE ITS ADOPTION. supported by Moved by James M. Brennan orton, chairman : 'ham- M. Richard. rge N,< a/ Mahlon Benson, jr. At a meeting of the Public Works Committee of the Board of Commissioners held at /ROO C/: 759i °AM° "eV irae, /41/_a . on 40: the day of ed/lc , 1970 at .M., Eastern Standard Time, it was: that the attathed 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. Yeas: Nays: Absent: Motion 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, Michigan, on 9:30 Thursday . the 2nd day of July , _3,970, at 14x400 o'clock A.M., Eastern Standard Time. PRESENT: Aaron, Bawden, Benson, Brennan, Coy, Edwards, Gabler, Grba, 'Hamlin, Horton, Houghten, Mainland, Mastin, Mathews, O'Brien, O'Bonoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richardson, Szabo, Walker, Wilcox, (25) ABSENT: -Kasper, Richards. (2) w Miscellaneous Resolution No. 5443 ReCOiled '.1d of Public ! Re: HURON-ROUGE SEWAGE DISPOSAL SYSTEM - NOVI TRUNK EXTENSION NO, I Submitted by Mr. H or ton 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. 3850, adopted September 11, 1961, as amended by Miscellaneous ResolutioniNo. 4095, adopted December 20, 1962, did, approve of the establishment of the Huron-Rouge Sewage Disposal System to serve the Huron-Rouge Sewage Disposal District within which district are located parts of the City of Novi and Township of Novi and all of the City of Walled Lake; and WHEREAS, pursuant to Board of Commissioners Resolution Miscellaneous No. 5442 , adopted on this date, and pursuant to resolutions adopted by the governing body of the City of Novi (formerly Village of Novi) the County Of Oakland and the said City entered into a Contract dated as Of May 1, 1970, whereby the County agreed to construct and finance Disposal System - Novi Trunk Extension the Huron-Rouge Sewage No 1 and the City agreed to pay the total cost thereof, based upon an estimated cost of $1,240,000 and as represented by the .mount of bonds issued by the County to finance said Extension No. 1; w.h=1 said Contract is set forth in full in. said ,rsoluti6n this. L ,Da.s'; of sioners; WHEREAS, construction plans and specifications for the Huron Rouge ge Disposal System - Novi TruV ,;. sLon No I, as prepared by Johnson & Anderson, Inc, 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 City of Novi (formerly Village of Novi); 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 City are the same as the annual bond maturities hereinafter set forth; and WHEREAS, under said Contract of May 1, 1970, the said City 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 the aggregate principal amount of $1,240,000 in anticipation of pay- ments to be made by the said City 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, PE 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 One Million Two Hundred F tv Thousand Dollars ($1,240,000) be issued for the purpose of defraying part of the cost of the auxcn-RoUge Disposal Novi Trunk Extension No 1. The said "Oakland County Sewage Disposal Bonds bonds shall be known (Huron-Rouge System - Novi Trunk Extension No. 1)"; 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 to be hereafter determined not exceeding eight per cent (8%) per annum, payable on May 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: 1973 - $ 65,000 1974 - 75,000 1975 - 100,000 1976 - 100,000 1977 - 125,000 1978 - $125,000 1979 - 150,000 1980 - 150,000 1981 - 175,000 1982 - 175,000 Bonds maturing on and after May 1, 1980 shall be subject to redemption prior to maturity in inverse numerical order, at the option of the County, on any one or more interest payment dates on and after May 1, 1979, at the par value thereof and accrued interest plus a premium on each bond computed at 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 Maturity. Notice of redemption shall be given to the holders of the bond to bereds;-.Jy of nt (30) days p 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 pa same. Bonds maturing prior to the yea ing agent to redeem the 1980 shall not be subject to redemption prior to maturity. 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, qualified to serve as paying agent under the laws of the State of Michigan or the United States of America, as shall be designated by the original pur- chaser of the bonds. Such purchaser shall also 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 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,Hphase price therefor. A or the prov.lslons of 185 of th 4. That the said bonds are to be issued pursuant to 1957, as amended, in anti ation of and payable primarily from the collection of the amounts to due to the County from the City of Novi under said Contract between the County and the City of Novi, which amounts aggregate the sum of $1,240,000, with interest as therein provided. The interest payable on said bonds for a period of 18 months is hereby capitalized and shall be paid from the proceeds of the sale of said bonds. The full faith and credit of the County is hereby pledged for the prompt payment of the principal of .and interest on said bonds as the same become due. 5. That all moneys paid to the County by the City pursuant to said Contract shall be set aside by the County Treasurer in a separate fund and bank account to be used for the payment of the principal and interest on the bonds herein authorized and otherwise as provided in said Contract. 6. That said bonds and attached coupons shall be sub- stantially in the following form: ST:LS OF STATE OF MICHIGAN COUNri OF OALAT.) Number $5, OAKLAND COUNTY SEWAGE DISPOSAL BOND (HURON-ROUGE SYSTEM - NOVI TRUNK EXTENSION NO 1) KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, State of 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 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 248, both inclusive, aggregating the principal sum of One Million Two Hundred Forty Thousand Dollars ($1,240,000), 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 part of the cost of acquiring the Huron-Rouge Sewage Disposal System - Novi Trunk Extension No. 1. Bonds of this series maturing prior to May 1, 1980 are not subject to redemption prior to maturity. Bonds maturing on and after May 1, 1980 shall be subject to redemption prior to maturity in inverse nurr,e.rical order, at the option of the County, on any one or more interest payment dates on and after May 1, 1979, at the par value thereof and accrued interest plus a permium on each bond computed as a percentage of the face value thereof in accordance with the following schedule: 2% if called to be redeemed on or after May 1, 1979, 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 circulatedinth -] V,tv Michigan, which c','azriGa as a p art ufit ..41,11ar notices Cha By of the sale of municipal, bonds. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided Ja,nd az• on hand with the paying agent to red!.. the same. This bond as to both principal and interest is payable from moneys to be paid the County of Oakland by the City of Novi (formerly Village of Novi) pursuant to a certain Contract dated May 1, 1970 between the County of Oakland and said City whereby said City agrees to pay to the said County its share of the cost of said Huron-Rouge •Sewage Disposal System - Novi Trunk Extension No. 1, in annualyinstailments in the same amounts as the annual maturities of the bonds of this issue, and semi-annually to pay the amount of interest and bond handling charges. The full faith and credit of the City is pledged for the prompt payment of its obligations pursuant to said Contract, and in addition, by affirmative vote of 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 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 issuance of this series of bonds does not cause any constitutional or statutory limitation to be exceeded. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this bond to be signed in its name by the Chairman of said Board of Commis- sioners 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 Chairman and County Clerk, all as of the first day of November, A.D. 1970. COUNTY OF OAKLAND, STATE OF MICHIGAN By rman of Board of Commissioners County Clerk (SEAL) (CO UP ON ) Number On the 1st day of , A.D. 19 , the County of Oakland, State of Michigan, will pay to the bearer hereof the amount 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 Sewage Disposal Bond (Huron-Rouge System - Novi Trunk Extension No 1), dated November 1, 1970. No (FAC SIMI LE) (FACSIMILE) County Clerk Chairman of Board of Commissioners William M. Richards.f: _ _ / ./i ,---7 / - /.-- .--), _-,- --- -I ,--- A ;t7 / -------- / Thomas H. O 'Donoghue .',/ É.: yfankRichard'son v "7/ —1/ ,C-.:„.....,:_:,,,,,..„--,: /2/N ----I:A.,' :!N•------ (g,„,::?, Mahlon Benson, Jr. James M. Brennan, C/N / - )larrW. Hprton , ChairQS,p. 7. That the said bonds shall not be issued until the Municipal Finance Cicsion of the State of Michi g an shall have first issued its order granting permission to so do, as provided in Act No, 202, Michi g an 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. 8. That 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. That all resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded. PUBL I C: WORKS COMM! TTEE Supported by Mr. Coy AYES: 01 Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richardson, Szabo, Walker, Wilcox, Aaron, Bawden, Benson, coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Mainland, Mastin, Mathews, O'Brien, (24) NAYS: Brennan. (I) ABSENT: Kasper, Richards, (2) Motion carried. NAYS: ABSENT: Motion carried. official signature this 2nd day of , A.D. 1970 July 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 at a Regular meeting of the Oakland County Board of Com- missioners, held on e 2 day of , 1970, the • original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my Lynn 0. Allen, County Clerk