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HomeMy WebLinkAboutResolutions - 2011.11.02 - 18782MISCELLANEOUS RESOLUTION #11265 November 2, 2011 BY: PLANNING AND BUILDING COMMITTEE. DAVID POTTS, CHAIRPERSON IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES' DIVISION RESOLUTION APPROVING THE ISSUANCE OF REFUNDING BONDS (PONTIAC VISION 2000, INC. PROJECT) — PONTIAC, ROCHESTER, ROCHESTER HILLS, ORION TOWNSHIP, WATERFORD TOWNSHIP AND WATERFORD To Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, The Economic Development Corporation of the County of Oakland (the "EDC") has preliminarily approved the issuance of refunding bonds (the "Bonds") to refinance the bonds issued by the EDC in 2000 for the benefit of Pontiac Vision 2000, Inc. (the "Prior Bonds") under the Economic Development Corporations Act (the "Act"): and WHEREAS, because the Bonds are proposed to mature on a date later than the Prior Bonds, the Internal Revenue Code of 1986, as amended, requires that the Board of Commissioners (1) hold a public hearing on the question of whether the Bonds should be issued and (2) following the public hearing, approve the issuance of the Bonds; and WHEREAS, the Board of Commissioners, following such public hearing, hereby concurs in the determination of the EDC to issue the Bonds. NOW, THEREFORE, BE IT RESOLVED, that the Oakland County Board of Commissioners hereby approves the issuance of the Bonds, upon such terms and conditions as the EDC and its bond counsel determine to be necessary and appropriate under the circumstances. BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Nuccio and Jackson absent. 7440619.1 MEMORANDUM Mary P. Langhauser, Assistant Secretary of The Economic Development Corporation of the County of Oakland FROM: Robert L. Schwartz DATE: October 4, 2011 SUBJECT: Public Hearing Regarding EDC/Archdiocese of Detroit Refinancing The Economic Development Corporation of the County of Oakland (the "EDC") issued $16,725,000 principal amount of tax-exempt bonds in August, 2000, for the benefit of Pontiac Vision 2000 Schools, Inc., for the purpose of renovating and improving the non-sectarian portions of several schools in the County (the "Bonds"). The Bonds are secured by a letter of credit issued by Allied Irish Banks, p.l.c. (the "Bank"). Due ta the Bank's failing financial condition, the interest rate on the Bonds is unusually high. The Archdiocese of Detroit (the "Archdiocese") has agreed to refinance the Bonds, and the EDC has approved the issuance of new bonds (the "New Bonds") for the Archdiocese, the proceeds of which will be used to prepay the Bonds. The New Bonds will have a maturity longer than the Bonds. The Archdiocese expects that a savin2s will be achieved through the issuance of the New Bonds. The Internal Revenue Code of 1986 as amended (the "Code '), requires that, if new bonds are issued to refinance existing bonds, and the maturity of the liew bondc is longer than the maturity of the old bonds, a public hearing must be held by the governing body of the governmental unit in which the economic developmenl corporation is located; and the issuance of the new bonds must then be approved by such governing body. In the past, in connection with the H.)C's issuance of bonds for new projects, the Board of Commissioners has always held the public hearing required by the MC Act and the Code and has approved the issuance of the bonds by the [DC. To comply with the requirements of the Code, the EDC is now requesting that the Board of Commissioners similarly hold a public hearing far the proposed refunding bonds, and approve the issuance of the bonds by the EDC, as it has in connection with other projects in the past. Please do not hesitate to contact mc if you have any questions regarding the subject matter of this memorandum or the proposed refinancing. Respectfully, Robert L. Schwartz. 7299855,1 I HEREBY APPROVE,THE FOREGOING RESOLUTION Resolution #11265 November 2, 2011 Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 2, 2011, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 2nd day of November, 2011 , Kafz Bill Bullard Jr., Oakland County