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HomeMy WebLinkAboutResolutions - 1987.05.28 - 18010May 28, 1987 MISCELLANEOUS RESOLUTION # 87136 BY: TRANSPORTATION COMMITTEE - John J. McDonald, Chairperson RE: ROAD COMMISSION BORROWING TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRPERSON, LADIES AND GENTLEMEN: WHEREAS, the Board of County Road Commissioners of the County of Oakland, Michigan (the "Issuer") intends to authorize the issuance and sale of its Michigan Transportation Fund Notes, pursuant to Act 143, Public Acts of Michigan, 1943,. as amended ("Act 143") in an amount not to exceed Four Million Dollars ($4,000,000) (the "Notes") in anticipation of, and for the payment of which shall be pledged, future revenues derived from state collected taxes returned to the County of Oakland (the "County") for County road purposes pursuant to law, for the purpose of defraying part of the cost of construction, improvement, maintenance and repair of certain highways in the County more particularly described on Exhibit A attached hereto and made part hereof and such other or different projects as the Issuer may identify at the time the Notes are authorized to be issued; and WHEREAS, pursuant to Section 1 of Act 143, the Oakland County Board of Commissioners must approve issuance of the .Notes by the Issuer before the Notes may be authorized by the Issuer; and WHEREAS, the Issuer, by resolution, has previously requested the authorization of the Oakland County Board of Commissioners to issue the aforedescribed notes; and WHEREAS, prior to issuance of the Notes the Issuer must either receive prior approval of the Notes from the Department of Treasury (the "Department") of the State of Michigan (the "State") or be exempt from prior approval as provided in Section 1(2) of Act 143, and Chapter III, Section 11 of Act 202, Public Acts of Michigan, 1943, as amended; and WHEREAS, in order to be exempt from prior approval, the Issuer must notify the Department of the State of the Issuer's intent to issue the notes. NOW, THEREFORE, BE IT RESOLVED THAT: 1, The Board of County Road Commissioners of the County of Oakland be, and is, hereby authorized to borrow and issue its Notes therefor, in the principal amount of not to exceed $4,000,000 to provide funds for the purposes described in the preamble to this resolution, all pursuant to Act 143. The interest rate on the Notes shall not exceed the maximum rate of interest permitted by law at the time of sale and there shall be pledged for the payment of such Notes future revenues derived from State collected taxes returned to the County for County road purposes. The full faith and credit of the County shall not be pledged for the payment of such notes. 2. The County Treasurer and the County Clerk are hereby authorized to execute any and all agreements, certificates and documents necessary to effectuate issuance of the Notes, including, if necessary, to notify the Department of the Issuer's intent to issue the aforedescribed Notes and to request an order providing an exception for the Notes from prior approval by the Department. 3. The Treasurer is hereby authorized and directed to set aside in a separate fund from the State collected taxes returned to the County for County road purposes pursuant to law which have not been theretofore specifically allocated for other purposes in each year an amount sufficient for the payment of the principal of and interest on the Notes as the same becomes due. -2- not limited to, actions relating earnings, if applicable, and the proceeds and monies deemed note Committee, I move adoption of the _f_px ,egog resoluAon. Chaii..&t,Sbn, Trans Committee 4. The Board of Commissioners of the County of Oakland, on behalf of the County of Oakland, hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exemption of the interest on the Notes from general federal income taxation (as opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986 (the "Code") including but to the rebate of arbitrage expenditure and investment of to be note proceeds. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Mr. Chairperson, on behalf of the Transportation TERM INI 13 Mile- 14 Mile Orchard Lake- Inkster Auburn- S. Blvd. Avon- S. Blvd. Adams- Livernois 25 Mile- Hamlin NAME OF ROAD • LEW= Farmington 1.0 12 Mile 1.8 Adams 1.0 Crooks 3.1 Tienken 2.3 Dequindre 3.25 Greenfield Franklin 14 Mile Middlebelt tv1IL1ER, CANFiELD. PADDOCK AND ST ONE 2.2 2.0 TYPE OF :.PROJECT Resurfacing Farmington Hill• w/safety Resurfacing Farmington Hill w/safety Resurfacing Rochester w/safety Auburn Hills Resurfacing Rochester Hills w/safety Pavement Rochester Hills Replace w/safety Resurface, Rochester Cut Hill, Rochester Hills Improve RR MCRC x l ing, Short Shelby Twp -3 lane Section, Right Turn Lane 11 Mile- Resurfacing Southfield Lincoln w/safety Oak Park 11-0 Long Lake..;.. Resurfacing Bloomfield Twp. Hickory w/safety Grove - 1.7 Stephenson- Resurfacing Troy John R Repair Mad i son Hts w/safety N'western- Resurfacing Farmington Hills 14 Mile w/safety 11 Mile 10 Mile Dixie Hwy. 1.8 Woodward/ Resurfacing & Royal Oak 1-75 Curb Repair Resurfacing Fa-mngton Hills w/safety Resurfacing 5pringfie1 Tr w/safety Orchard Lake- Inkster 1-75/ Davisburg A-1 Resurfacing 'itsaf.e.t1/ Resurfacin w/safety Resurfacing w/safety Farmington Farmington mfield Twp. .L 0 Bloomfield 1.0 1.0 .4 1.0 Long La Lahser 10 Mile Pontiac Trail Boundary- Adams - 14 Mile,- Maple Powers- Farmington West Road- Ladd Resurfacing Novi w/safety Walled Lake = MILLER, CANNELD, PADDOCK AND STONE A-2 65717 0003 87.04.0683 28th day 1987 . ALLEN Misc. #87136 May 28, 1987 Moved by Nelson supported by Angus McPherson the resolution be adopted. AYES: Jensen, Richard Kuhn, Susan Kuhn, Lanni, Law, Angus McPherson, Ruel McPherson, Moffitt, Nelson, Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Alien, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on May 28 2 1987 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Counk Clerk/Register of Deeds this