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HomeMy WebLinkAboutResolutions - 1960.11.01 - 19271Nov,. 17V S 3 of Oaklamj. Gounty, Micf.,11eous ou the 2nd day of Juo i 195, adopt 3ic;pproving the es,blishment of 0; ane :,LAANCE NO 7 C)OINANCE IO fWYVIL ',I.S.U.-OAKLD SEWAGE DI,OSAL BONDS, DATED NOVEMBER 2, 'i':;59; Tu (JVID-7, FOR TIE RETIRE1777 AND SECUFffTY OF SAI2 , '60NDS: ANT -;:) PROVIDE FO,i. eTIT:Er M[Li R7LATIVE C HE M-.-OAKLAND Sa DI3PCSAL SYTEM AND AID BONDS. TIHAEAS, pursuc4at to s of Act No. 185 of the Lblic Acts of 1957, a acled, the Board .sposal system to be klAow Syi Tur the purpose of disposing of sewage frcH. district IncG;o ;,11 'N..U.-Oaklan wh*c.I7 distrc.4 is described in sai nasolution and 3s( 1.A1C No 5 of the ordjric; of the Conty of Oak1a116 orc rAsposal District," age ,,AS, pursuant to Ordi,, . 3, as by Ordinance No. 6, of th- ordinances L the County cLland, there constructed aid M.S.U.-Oakland Sewage Disposal System and there hays , issued M.S.U.-Oald dated November 2, 1959, in the the of 4 1/27 per aanum payable . on the first dy of ec,vRber in each which bc-. NovL in each year as follows: $70,000 in the year 1960 and $75,000 in each of the years 1961 thru 1964; 'In(1 has Rev $37u,00. bearing interest on Mny Hay a 1960, and ther of entered into a contract with the 'ship of the County of Oakland through its Board of Avon and thc vT pontiac whereby the county will furnish ::osal services to said townships for the territory within the - Disposal District, which contract is dated June 24, 19 and i set forth in rx,.11 ir dilutes of the meeting of th,7‘ M,Ird of Supervisors held on -,E,,; 5, 1959; and WHE7(.1 , aid contract which by the terms thereo -ires on .12 1359, has been. extended to June 2=;, 1984; and , there hav2 '( retired by i'ment bond Nos. thru 10 of said issue, maturing on NovErr. 1, 1960; and it appears desirablo to extend the maturities on said bonds iy refunding the s,4.,,e;tirLre NTY OF OAKLAND, MICI:L , CRDAINS: Section 1. W1 ver used in this ordinance or in the bonds to be 'rercun6er, except when otherwise indic4tec: by the context: WHE County . . ,,A erm C'7;Wl shall be construed to mean the LU CA, (b) The term "board of i),2rvisors" si-1!„ be construed to mean th':)a-AA of ,uvisors of said county, the legislative and governiw:1, body tkizro. 2- (d) The to inclu•o all sanil', orks, in.:aaerli -:::_es and !_ be constrh storm sewel—,, as the shall plants syste (.! ,411( reiundg bonds be known as "M.S.U.-Oak1.0 Dispi: The term "bonrd 1 ,1)lic works" shP11 be deemed to mean the board of public vs of said county r7.7::yatd Lnc:c7,7 Act No th. ,Llic Acts of 1957 as an rL time to time exist, used or useful in conn.?,cton witN tTh'2, collection, tr;aatLa =1.1d/or disposal of sewa:,,.. _frou LN by the county. (e)t:. rm it ,, system disposal sysr. be deemed to refer to the Sew Disposal District. (f) Th term "revenues" and "net revenlles" shall be construed as defiJ. in Section 3 of Act No. 94, 'icL.fan Public of as now amc:Aed. ._Lon 2. and exhaueo, par 94, mihian Public , prin al i'by authorized t, to the provi F C=V.S Of Act No as amey::. Three I'Vr.ra Sixty Thou: ad Dollars ing bonds ($360,000) for the purpose of refg bonds Nos. 11 thru 370 of said M.S.U.-6ii1and Sewage Disposal Rpnue Bonds, dated Ncvc:mb7r 2, :37regating the )f $360,000. ::;aid ‘. ,-fundir uds"; he dated as of November 1 shown on the bond stere ;:;ctier the i i at ion shall not "-test 1960; shall be i-;mborod consecutivdy in the direct order of their t-urits Erom 1 t;(1-1:i 360, both inclIv; shall be i7.7o2on bonds denomination of $1,00C be rtr 1 . as to princLpal only in the inair.r hereinar .k.orth in bond mhall irtrest at the rate i 4 1/Zio per anm7m p7iyab1e on 3anuary 1, thcftreafter semi-annually on tho first days July in each year; iid lan on January 1 in r 4:13 .Eol year 20,U0 th -,.ach of Cile years 1966 thru 1973 25,000 in each of 1,!m years 1974 thru 1980 bonds of said issu - n...1 1 be subject to redemptir-. 'rior t') mw.turity at the ol)tion oi t1i county, in direct numE on any one: or holders of th not less than east once Interest payment dates at ti )ar value tA, Notice of redeu :hall be given to the r ,2rned by .1 ,b1ication of such notice to i;ne date :ixed for redel or publication circulatc.in crios as a part of its regular not.77.15 of ti sale ol 17Jed, that bond s1.1.1. be :.•• • 'rtereä, l'otice of the nr• thereol. shall in i.v .egistered United Sttes mail to the don board of county .auditors, which notice mailed not ihan thirty (30) ?rior to thc 6a don0 ii so called for for -4- after the date fixed fo :ion, providd 1.unds are on hand said chr.rn of the board of seal of the county facsimile Upon th , , of said refunding bonds, with the paying agent to r , , the same. The pril of said bonds and the tatt thereon shall be payable in lawful -0 \ the United c,f ATTlerica at the Commilnity National J:,c La the City of .jcntiac, upon 1:csnaon and aurrndor of dc nd attached ccons as they s.rvi2rally Section 3. The chairman oard of supervisors and county clerk of the County of Oaklan: !xecute said bonds for and on behalf of: th ,, county Auci the county clerk shall affix the supervisors and county clerk snail execute the interest coupons to be attached to sa 4 ., bccrls by c 4 ng to be affixed theretc t„ _r t7,:easurer of the county zili delive -;7 t.72 FjC in ifor the bonds tc) refudd thereby, on the basis of par for par, both the (3-.1:7j,ca1 and refunding band ! to have attachEyl thereto all coupons evidc=ing interPst from -ovHTber 1, r LL.urities. 7.7minty trrer upon receipt of said origihal bonds of Ns 2, 1959, dll cancel the same t, t' er with the attached coupons. Section 4. Said bonds 4i17, attd coupons shall not be a general oblj:,atLon of the county and shall not be an Lh(lebtedness ot th,2 county within any state constitut.7 ,..,7 provision or statutory -5- Ot the principal hereby cited th f_aterest the net vnucs so ed shall ci-rd remain subThc;t to lien until. Li -12 ?ayment incipal of said bonds. remedies y law and partcurLy by sal No. ract limitation. The principal of and interest on said bonds shall be yable solely from the net rev de T:i from th.c oc.croa of the system, includin tre ir r r:4cwcnts an sions (7 of. Tc, '1-,Lcrest on the hcoot, issueo uvur hci;!s of said lw each of such holders, a first '' (by said Aci- ,,. 94, Mich%gan Public Acts of 1933, s d, made a st tc ry lien) upon Lk ret revt..nues from th( Ld system, in- cluding improvers , enlargerpq -c and ,7“;juns thereof. Section 5. The holder or holders of any of th, T7,o ,-; or interest coupons herein auth.: to be issued, h. 94, Michigan Public Acts of 1933, as amended, for the collection an6 en1.or7 -7nt of seid bonds incluui: the rip_l aave a r event and the security therefor, appointed for &y:r n,e county in the performar ua Section 6. The system Fhail be operated upon the basis f a fiscal year beginnin on 5ary 1st of each year ,T1 ,1 rn on December 31st of the same year. 6- Section 7. The ;:md management of the SI/SCE shall 21: the 5.1.-diate supervisio c_ (.".r -7t1 r connection to the sewer :„ In case of 0 ;A:- 1 000 cubic feet of sewage di by the system froL, townsh, co t-',e basis of the amount of water cot by tar water of the board of Ic works. Section 8. It is the intention that sew disposal will be furnished -7 ,7 ip c.,y/on tie Townsa4 Pontiac for th. ,acIJIc of M.S.U.-Oakland Sew. District and not directly to the individual users in said district. Th.7 charges to eieh trhip for the services and facilities of the bt175:j. existing tov,u_sh. tJonne (a) For each unit ivleectly conne„—:,, with Lea system, Lae sum ed as follows: tion new colicion the said c(rci..r_on to the county within thirty after Lile of -Jie building D.,?.rmi,to Connection cvs relatiL g 1 1, lv.:49 be payable in k1instal with....1.2rest to the cc)1:..e7 but with interest at 67, met -1-: or meters, if available, e not, as rired t s" sed slill mean an7 property k.-ity of sanitary e ordinarily t purPoses zhly particular be assi f public works and its dcc.Isior , eir 1 Lc a-uces justify, ;11 .zlore than one unit to a lling. Y - shall be added CI a v'Tlalty of l7 fo7( o:w 7I-J month or n `, , _ndividual home or business meters: Provided, itt each quarterly charge to a township in respect to all units (, property water C0777 ,!:,n LLon i by t -r or individual meter readings, shcl i. be not less than d sum computed by multinlyin„ Lacn o, : of such units by $9.50. Whra no such n -t.i wa 4 1,01 thy I. charge shall be upon the immba -z -1,.:31 shall be $9.50 per unit per quarter. The word fro wh there arf..7in from the occupancy of a reflerc buildint a sirr;,; of ordinary numb -f: of uni_ parcel of pro7-2rty usec» for other than shall be de d by the shdl be fir. The board The charges to each township shall be billed quhirterly and shall be payble to the county withi .11 30 days LL.c Cae rendi - tion of the bill throfor. If any municlty fails to pay ta.1 ,,? abovo neutioned charges on or before the final payx,.. date, then ftaccion thereof for whiL: the saw' remains unpaid. The county shall have the right to pursu ulc,tod pormiLed law for collection of any sum due it fror trhe towyls, Th. board of public a period of ninety days in the pa , due from it county or to am; son, or cor., , public c. , Livate, or or to any publiL '.umenta therefrom, as and when the same shall due anc , and works shall have the r7dt7 tc the use of the county •• ige disposal facilities to any towns1-:, 'ch shall be ,quent to th county while such delinquey continus. hc H cter of sewage contributed from any township be suc'o tha upon county's syste an unreable additional burden tional charge shall be made over .=i-Ld above the regular .‘_1.vice „4.arge, or it may be reo- that such sewage be treated before beim .',:::(Led into the county's system or the t said sewage into the cc. system may be denied, if necessary, for )ubli, 'th or safety. :ection of said system or No fr( shall be fur r d by the syst, o the Section 9. The rates hf-reinbefore ,„ be sufficient to prt , ide for the payment :ion of the sysi:,- Ind such expel - fo 1_ - ce thereof as may be necessary to reserve good repair anc order; to provide fr • pay - -interest upon and th. principal of all 1:,ond., TJayable to provide for s.icTh ther expn and iun< system IL-0nance. Rates shall be f' time by ti Le county board of rvisors o as to -9- Section 10. Upon the ec e for the origii, ,1 1-,nds, all moneys . 5 shall be tc .ding b - !stAblished table vIrious under said Orijo. set aside in eacc, :Linter cc Fund. Out of the The revenues of the system arc aL.d coilected he "F.eeivin Fund" ::from periodically into shall be set asid(:2 of the sy :-.c7i)arate and in the Recer: and interest on each issue or then payable from LI no.Els and agrees produ-cc the fcroing amounts, and the county, ccv ,Lntain at times such rates for services iw.ed by the AM as ;J17.7, be ,..Lficiemt to provide for the toregoing. quarter (L, iT,Jhs) into A fund to b..;i.;ated "Operation and proviee for the H. the next quarter of all current .penses of administrz,LC crtion ok the system and current eT:pen;ses for ticA, ntuaance for thereof necessary to jcis..servE :112 system in good and working _rder. und. Out of the re- rev13 in thReceivin. h -Lich q.bter into a fund to 'eo RedeL th:H -:',arit as the same bom:.? cJue of set a sum proportionately suffie r to provide for -10- 'ter sbaT1 not be less Ch.r;.th quarter payment of couheoblob eb.brs. which may become nee used Ele requirement in a fund to b' c-,b -rd of public v!ob may dee. and enlarg 4 (4 5. system and if there shall he any deficiency in the mbunt set a added to the set asiC;2 received Subject to Inturst-. the nt requirement: imitatLous un.,7 may be such. L be hat the amount so ,heys in said on of bob6s. 3. lacement Fund. Out c. remainini. the Receguing -nd, there ba11 h not F-:;L:, aside insbb1. .L.-s in a fund to "Replacel:: not than $1,0 yar cor1c.. iith thb 7.1g Janttiry 1, t , until such abd J.11 $5,000.00, to build up a. 7.r.s=72rve for any -.bc.c.nbs to the s from time to MODOVS ake such replaceme I said fund shall be __<reti soc'n :.1s possible tber 4. aro.' the foreEc._ :::,uch quarter, ,ivement Funo," such sum as the to be used for airs to the system. -2.maining in said eiving at tbo of any fiscal c all pc:-Aical tbefers Funa foregoin tion Fund, any 1:clny.s andier securities in oti- th• syFtem anJ second, to J f Red .tion :,and, to .tent have been i:H tilrefrom as reouirA be surplus aliC left in the Recei to amd to be delaated "Surs 7c1A. o. may be tr41117:ed in said Surplus ti rl to tie may be ti.ah..LeIred to one or more of the ay be used for any purpose nertaining to system: Provided, however, that if at any t-iAre shall any cLfluL in making any periodical t717cr to any o th ;Tho mention possi10.,' L such default shall be rectified so tar as of moneys from said Surplus Fund. If any such o 1 as to more than one fund at any one t then such tl-Asfers shall be made in the order i are listed Ell., . No i„Irsents Shall be said Receiving Fund thQ ar.;c -i„A inds as above 'ruvidcd. a ction 11. In the eve n . he Rcc',2iving .17 .nd are insuffic, tor the current requirements of eration ri Maintiaaace Fund or the Bond 111(1 Interest Red be triiJiferred, first, to IDeration and MaintrInc::: f any de:ficits ti n. Any amornt: so transrci from the Replac.ament Fund iii be replacea as soon ussible. Section 12. All in the several funds of the syst thos Ln the Bond and Interest Itf2d1,:liTton Fund, shall be te Opert -Icn ;-4n6 Ma! ,] Bond and Ir. :•!st Redemp- in the Bond and Interest R( Fund ov..2c and above MOttl: bping acr.iruulated for the pL : 7,72g princi the holder or holders, Zrom time to and said bonds required by the comittiC.on and laws of Y.; to the s 12(,L)li th': rev. deposited Michigan. All e Gomvv.nly National Ball the City of Pontiac, time in the Bond and Interest n Fund shall be kept on hand with the H- r trust at IN,Alch the principal and est on the herein aui bonds are currently payable. The moneys in the Receiving FUDO, Ln the tion Fund, shall ,2ach be kept in a separate depository account. aloneys in any otilr fund except and the Operation and Maintnunt Fund, may be invested in United States Government oblt -!_o In the of any such the serllrities repretIng 01 7ame shail b on H. A.th the r trust coui,any hav, the deposit of the fund oi sncla tun Section 13 0 Th-:7 county ttreb77 convenants and 6.grcs with Ich :i .cilase was th income -.hc;11 L .i .case was t-ri income t11 .0, .i .case was th income t11.0, to be .Q,,ctuali, all dude- reference the State of 'ichi r,an and by this ordinance; that it will not sell lease, stanti ti or in any manner dispose -c the syster, or any -ub- thereof, until all bonds have b2:::n paid in full; and that it will not permit any :,-rson, L7r,, or cv,rpr:Jtion to coap with it in the :12 -!shing of sewage disposal services to the pc,i -c,.o,1 oi the Townships of Avon -13- in a simila f business; that it will nd file such records, staterdents .accounts as which it is required L itle with th i.cipal f*Itance to any bondholder pat of the actui cost of furnish a copy of the afen: ,i,t7oned audi : tr.?. ,::ctual state- CO1=0 1-i manner which shall have a prior or o. ff“.-Ji_ag therewith, zct as hereinir and Pontiac within the m.c%U.-Oakland Sewage .T1_57-f-,sal District. Said county further P.I102S and agrees with t1c holders of said nos chat it will -, ,n said syster n good ccudition and operate t ame in an efficient manner and at a reasonable cost, so long a ,- said nd are outstanding; !,1 ;f Lt will maintain insurance on the system or benefit of the Lolders of said bonds in an which ua l would be carried by F.- may oe requIxed b7 lket No. 94, Michigan Public Acts of P.:33, as now or hereafter , ,led; that it will secure an i,mntial audit of thc ceti.d to by a ci ,rtified uCii accountant, 90 days after the close of each fiscal -; that it will such copy. Any sl2Ch audit Lall be in such ..:,.-7onable cl2ti i. as will present the. full illricial cordtic ,n of the syu - Include auditor 'c,Jncmcnt has complied wl.th. the provisions L to the several funds of the system. holders of bonds an6 in which tii tern' of this ordinance in Section 14. While t7.=2 :soll.ds herein to be issued snall be 77:Itstn.-r.u -: no ddi.timal bonds payaOlc from the revenues of:c. -14- from the net 7 1 r s of equal starong shall be .f.lues to be 01.7ivt,.6. :1-.:77v said 1,n1 county. , selection of su• 3ha1l be subi state !T sion or .1 as ion over the issuAnre of _nicipal bo 1 DULIAS shall ct7Lt. a conc7,7: th shUt (or such ion to The county shall have the U . t.r1 issue Additional bonds payable for .L11:-.2( of improving, ext.n6ng the syst , whic b::16 when F,tJzi with the n3 authorized in this vnhes of Cci% cx(iinanc; at no such aCi standit ii 1..1:)? issued in excess than $150,000 be issued thiL o 1r,sued fmal bonds of equal ich no mrJr-y uary 1, 1970: and Provided be equal to 125Z of the such fisca LonJs then outstan Hayable from the rev ,Jf the system and on such 7.idifona1 boy; fnen bein !.ssued. 6ucn additional be esti.liated by ered AA,:oty rd UUlic ; who ,71.7. not be a rar ofLicer or empi f the roval who 1l be selecte by the Municipal 7.77.nl.ee Commission. No .LCh additional bonds saall All then be in default in making any pay- be ssued if the to the ovIrat: redemption Th Permist a!,:nane fund or to the bond ii ntere unicipal Finance(,TAHL -Lon of he exist c,:ions ::Truitting the issuance threof. -15- Section 15. The bonds and attached coupons herein rized to be issued, be subrt _ally in the foL STATE t hat the tti Oaklan iaowleoges thL 11 to the beaf-.4: (or if ,tered holder the sum of KNOW ALL ir That , r va:L -bond b. -:TY OF OAKLAND $1 ,000 S'EW R•_VENUE REFU..) POSAL BOND ONE td ND DOLLAR on the first day of Jahn tne rate of four ,:,11;. ttt. date hefof until 1961 and .t.iireaftc a ,eA ,t tct:i 1 -07ere cx,e, paya)le e Ca•.Ewnity Nationc ntatLo. and En:.!7:16 , A.D. 19 •.J; tt,rtst thereon, f,e-half (4 ITir .531m per onntt: ttom said Lntrest beirt. payable ,:a -uary JIAly cu the first days of 1717 ca , c ton 1,:!ons hereto -,7:ttehed _hLaiLer specLL z,wflil money Ba 1..A the ,c). this ncipal ar.d Mterbt are to b- . Loth 2x.T1(.7ttn„. as ,f,r,cally mature. bThs of .(1 pu ,1,11tes and AO), Tns, bond is GlIc' of except as to mturity, num7otrd of ±eir mates from Lo Rundf.., cycler uc!d riltLtirmity , tA) eE.0 the Statt. lublic Acts of 1957, as amehd o'!: Su 19 Igan ci Oak].. and 61Ad Of i:-LC ,chan ( adop purp Di renh Li ronte; Lzipal drc. tiated Nov6iber specially Act No 94 tdinatot No. , said co.u.11 hn tol This bond :al obligation o iaess of to ate payab: bonC, 1[,= not a and do net ..)uitituL county, wtrain a. or2dt ,„7.tory oi and interest: on the bonds from the revziues of thc SaLu COW'. 17- cli dinistration ; of both additiu ursunk;7 stz7t.LA Zutur improvements, el17.. aftr deducting the rei.sone r.a,3A. and maintenance aid of dad j.ntGi. c!(;1 st;Aan: irst on such net :eve sposC_ aud etcsion expens olf systc, and on s,i_ bonds and wit . may No . is LL e bonci of this ser i.uy at the option of t ono oyr.dor intur,2st pa) ard :r1ccrue Dcn6s eall to be red not ls tccii ulirty (30 day at 3c:cAt C. etroit, notices ol 17:7, the date fixed t;-- .1111Dt: publicaAer, dlrculated in Ld CLty its regular '1ce, that where s, Irci et1 to the notice bond shall be .re bivc regisz adtirqg shr th.c. ei -;istered LierPof ook g o f th e .,c)prd of .711,11 e ma )t le deti , Bond Jond relLst,LaLon tae dot::! iixed .c hia :t bear flterc.: itinds are on hand witl Cdi than thir SO c..aLL :1, toe ,- 16c for said all it ,JJ. payc,:m systm x:id such n.,7.1.1..:77 to preserv e the all payab s.lfd CoUn :by cc,venant;7 and aes his 'e dol1 Ln5J4Lrat.j_cc and operatior thn mainnance thereof ma: .1 good repair ard wGrkThg order; to intereL upon and the principal of ror, as and Deco d1,2 c.,vA for :1.1c17. oth7r ccc ucicurc and 177:utis for Ld Vcs t-),11 be fixed IL)ard cf cof said amcC.s. C72.n1:7- df Oaklz the bo rate 1 Syi-H onses, expens that at y.:anding ofred F to time Ok ,c the This bord may be as to prim7i.pal ne of the holder on th, ..nd registration boas County ixdltor6 of said Lfx:.(y back b:c LJ11) or said f, .rdCounty Atd :er 1.12 unisier shall be valid and likewL_s-e noted on the back he.1: he resto.cd by registration to .tnterest ceupna shall not be ted or nu there said books oy by delivery Lability of It L6 hero certified, --. --ed and cliared that all ions and things required to exist, ,..open and be ccforc .edent to and in the issuance of tt bonds of this -18- fora and mantLar IN WIri.SL; L. of Superv::_sors the nar a. nd est cc Ld Chai A.D. d and have been perfc: 7 law. :,ty of iakland, 3 bonj of Sn,irv1:3o7,7s and 0D he ,-(77c6 wiTA-4 nd ta2 ann elay or GOV-J-77 LAND County Cler ,t.7n.10 JJte of .;,-,Istration uk By (COUJ:j rts„1-,,.er Chanina cf County Board St1.-1~:vi.sors County County of of United tats of City of )w::,. on its No. obltion c± st forta la tae bond 6L1.4iaCt to the redet will pay to the Dollars, f.)Drtununity National the ac:erest due on tat 7.,vc:nuc2 %efuncji upon eiy from cz1,?t, upea pertains, L a':LJA said bond. Liii bond eral vnues of a Mem ::11,,,7And Con-, -y ks2vc,nue bonds shall not be isstA and ,:>,:ca -aged and the director of public to said I. "Jv.? board of r,ublic works is Ikreby „aut( .1,prove authc such 4- 4 4.rected to r.::Akc: of said . circulation within the -ffective immediately 79. lay t herewith, are s,Ifar hereby al 16. The said M.S.U.-Oakland I Finance Commission of the State of Mic. ,2CeS; do all things to Lho bonds subjet to the provl. ons of this . of usef .c., of the existing estimated to be Section 18. TL ordinance shall be in the mirtut a.duped, as soon eL eticabL7. ter its passage shall be authenticated by board and unty cler zq1,117. be publishd ace in The Roch(7t. r Cla2Aon, cou,lty. This ordinav.ce shall 1; it6 doption. section, paraaph, clause supervisory ,,/4.011 it was ecord the chairman - said shall or phrase ot this ordinc shall -held invalid, not affect any other patt. of this ,.:.-zdinance. Sect . All ord1.1.1 and resolutions or parts cuilty Clerk -20-