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HomeMy WebLinkAboutResolutions - 1965.04.13 - 19592February 15, 1965 Miscellaneous Resolution No. Recommended by Board of Public Works, Re: FONTTAC TOWNSHIP WATER SUPPLY SYSTEN Rehard Mr, presented the following Bond ResOlution, a copy of which has been sent to each member of the Board of Supervisors. 4429 BOND :.T°SOLUTION WHEREAS, pursuant to Act No. 135, Michigan Public Acts of 1957, as amended, the Board of Supervisors of Oakland County, Michigan, by Miscellaneous Resolution No 4291, adopted March 6, 1964, approved the establishment of the "Pontiac Township Water Supply - em" for the purpose of supplying water to the Township of Pontiac (hereinafter sometimes referred to as the "Township") in said County of Oakland (hereinafter sometimes referred to as the 'Conty'), the said system to be acquired and financed by the County and to consist of pumping stations, transmission mains and additional lateral distribution facilities to be constructed by the County; and WHEREAS, the said County and the said Township, respective governing boards, have authorized the execution of a contract by the terms of which the County would acquire said pumping stations and transmission mains and operate the same to serve the County for Oakland University and the Township and would acquire said additional lateral distribution facilities and lease the same to the Township, and would finance the cost thereof by issuing bonds of the County pursuant to said Act No. 185, as amended, secured by and payable primarily from payments to be made by the Township and by the County on behalf of Oakland University to defray the cost of acquiring the system and secondarily, upon appropriate vote of the Board of Supervisors, by the full faith and credit pledge of the County; and WHEREAS, plans and specifications for said system, together- with an estimate of the cost thereof in the sum of $1,342,000 and an estimate of 40 years and upwards as the period of usefulness thereof, Sys have been prepared by Hubbell, Roth & Clark, Inc., registered pro- fessional engineers, and have been approved by the Board of Public Works and by the Board of Supervisors of said County, and by the Township Board of the Township of Pontiac and it is desired that of such estimated cost $1,242,0.00 be financed by the issuance of County bonds, and WHEREAS, the above-mentioned contract between the County and the Township requires that the Township and the County on behalf Oakland University pay to the County certain principal amounts in the years 1966 through 1959 which are equal to the bond maturities for the same years as hereinafter provided (such annual amounts to be paid each year on April 1), and that the Township and the County pay interest on April 1, 1966 and semi-annually thereafter on the unpaid balance owing from each to the County; and WHEREAS, the Board of Public Works of the County has approved this resolution and recommended its adoption by the Board of Supervisors in order that the County may issue its bonds in the aggregate amount of $1,242,000 to finance the acquisition of said system: THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the bonds of said County of Oakland, aggregating the principal sum of One Nillion Two Hundred Forty-Two Thousand Dollars ($1,242,000) shall be issued for the purpose of defraying the cost of acquiring the Pontiac Township Water Supply System; shall be known as 'Oakland County Water Supply Bonds (Pontiac Township System)", shall be dated as of June 1, 196; shall be numbered con- secutively in the direct order of their matrities from.1 upwards; bonds numbered 1 and 2 shall be in the denomination of $1,000 each and all other bonds shall be in the denomination of either $1,000 or $5,000 each as specified by the original purchaser; shall bear interest at a rate or rates to be hereafter determined not exceed- ing five per cent (5%) per annum, payable on November 1, 1965 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 fo,llows: Year Due Principal Amot Due Year Due Principal Amount Due 1966 $ 22,000 1978 $ 60,000 1967 45,000 1979 60,000 1968 60,000 lc:c?,-, r4",,000 1969 60,000 1981 45,000 1970 60,000 1982 45,000 1971 60,000 1983 45,000 1972 60,000 1q84 45,000 1973 60 n '') 1985 45,000 ,---- 1974 60,080 1986 45,000 1975 65,000 1987 45,000 1976 60,000 1988 45,000 1977 60,000 1989 45,000 Bonds maturing on and after May 1, 1981 shall be subject to redemption prior to rdaturity in inverse numerical order, at the option of the County, on any one or more interest payment dates on and after May 1, 1976, at the par value thereof and accrued interest plus a premium on each bond computed as a percenta ge of the face amount thereof In accordance with the following schedule: 3% if called to be redeemed prior to May 1, 1978 2-1/2 if called to be redeemed on or after May 1, 1978 but prior to May 1, 1980 2% if called to be redeemed on or after May 1, 1980 but prior to May 1, 1932 1 -1/2% if call to be redeemed on or after May 1, 1962 but prior to May 1, 1984 1% if called to be redeemed on or after May 1, 1984 hut prior to Nay 1, 1986 1/2Z if called to be redeemed on or after May 1, 1986 but prior to maturity . thereon shall be able in lawful money of the -United States of 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 municipal 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. Bonds maturing prior to the year 1981 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 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 purchaser 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 Supervisors and the County Clerk of the County of Oakland are hereby authorized ahd 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 execu- tion of said bonds and attached coupons, the same shall be delivered 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, That the said bor..ds are to be issued pursuant to the provisions of Act No, 185 of the Michigan Public Acts of 1957, as amended, in anticipation of and payable primarily from the collection of the unpaid amounts to become due to the County from the Township and the County on behalf of Oakland University under said contract between the County and the Township, which amounts aggregate the sum of $1,242,003, with interest as therein provided. The interest payable on said bonds on November 1, 1965 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 pay- ment of the principal of and interest on said bonds as the same become due, 5, That all moneys paid to the County by the Township and the County on behalf of Oakland. University pursuant to said contract to pay the cost of acquiring said system as provided in 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 tha following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY WATER SUPPLY BOND (PONTIAC TOWNSHIP SYSTEM) Number KNOW ALL E7N 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 THOUSAND DOLLARS on the first day of May, A.D. 19 , together with interest thereon from the date hereof until raid, at the rate of ) per centum Tor annum, payable November 1, 1965 -- 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 a 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, rate of interest and denomination, numbered consecutively in the direct order of their maturities from 1 to , both inclusive, aggregating the principal sum of One Million Two Hundred Forty-Two Thousand Dollars ($1,242,000), issued under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan, and especially Act Na. 185 of the Michigan Public Acts of 1957, as amended, for the purpose of defraying the cost of acquiring the Pontiac Township Water Supply System This bond is payable, as to both principal and interest, primarily from moneys to be paid to said County by the Township of Pontiac in said County, and by the County on behalf of Oakland University, pursuant to a certain contract dated Pebruary 8, 1965, between the said County and Township, whereby said Township and County have agreed to pay to the said County the total capital cost of said water supply system, with interest, in installments which are sufficient in each year to pay the principal and interest maturing in such year on this series of bonds. In addition by affirmative vote of 7/5ths of the members elect of the Oakland County Board of Supervisors, the full faith and credit of said County is pledged to the prompt payment of the princi- pal of and interest on this series of bonds. Bonds of this series maturing prior to May 1, 1981 are not subject to redemption prior to maturity. Bonds maturing on and after Nay 1, 1981 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, 1976, at the par value thereof and accrued interest plus a premium on each bond computed as a percentage of the face value thereof in accordance with the follow- ing schedule: In the City of 3 ,-; if called to be redeemed prior to May 1, 1978 2-1/2% if called to be redeemed on or after May 1, 1978 but prior to May 1, 1930 2% if called to be redeemed on or after May 1, 1980 but prior to May 1, 1982 1-1/2% if called to be redeemed on or after May 1, 1982 but prior to May 1, 1984 1% if called to be redeemed on or after May 1, 1984 but prior to May 1, 1986 1/2% if called to be redeemed on or after May 1, 1986 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 municipal 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. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be per- formed precedent to and in the issuance of the bonds of this series, existed, have happened and have been derformed in due time, form and manner as reduired by the Constitution and Statutes of the State of Michigan, and t'iyat the issuance of this series of bonds does not cause any constitutional or statutory limitation to be exceeded_ IN WITNESS :.!hEREOP, the County of Oakland, State of Michigan, by its Board of Supervisors, has caused this bond to be signed in its name by the Chairman of said Board of Supervisors and by the County Clerk of the County, and its corporate seal to be affixed hereto, er6 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 June, A.D. 1965 COUNTY OF OAKLAND, STATE OF MICHIGAN Chairman of Board of Supervisors P County Cle'rk (SEAL) in the City of , same being the (COUPON) Number On the let day of , A.D. 19 , the County of Oakland, State of Michigan, will pay to the bearer hereof the amount shown hereon, lawful money of the United States of America, at the interest due on that day on. its Oakland County Water Supply Bond (Pontiac Township System) dated June l, 1965, No. Facsimile) County Clerk (Facsimile ) Chairman of Board of Supervisors That the said bonds shall not be issued until the Municipal Finance Commission of the State of Michigan shall have first issued its order granting permission to so tic, as provided in Act No. 202, Michigan Public l ets of 1943, as amended, and the Board of Public ,,J.cs through its D1::.ector is hereby authorized and directed to make application to said Commission for the issuance of such order , 8, Tht the Board of Public Works is hereby authorized to sell said bonds at not less than par and accrued interest in accor- dance with the laws of this state and to do all thins necessary to effect the sale and issuance of said bonds, subject to the provisions of this resolution. That all resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded, resolution. The motion was su.roorted Mr. Wrobel On Mr . R ehard ed the adoption of the foregoi roll call the resolution was acaopted by the follow' Yeas: Allerton, Alward, Bachert, Brickner, Carey, Case, Charteris, Cheyz, Demute, Dewan, Dohany, Duncan, Durbin, Edward, Edwards, Fouts, Goodspeed, Grisdale, Hagstrom, Hall, Hamlin, Heacock, Horton, Heughten, Huhn, Hursfall, Johnston, Kennedy, Kephart, Knowles, Lahti, Laurie, Lessiter, Levinson, Linley, Macdonald, Mainland, Marshall, Mastin,McAvoy, Melchert, Menzies, Mercer, Michrina, Nelson, 0/Donoghue, Oldenburg, Osgood, Patnales, Peterson, Potter, Potthoff, Rehard, Remer, Rhinevault, Seeterlin, Simson, Slavens, Smith, Tapp, Tiley, Tinsman, Travis, Turner, Valentine, Voll, Wilcox, Woods, Wrobel, Yockey.(70) None. (0) Absent Bloe, Beecher, Casey, Clarkson, Ewart, Forbes, Hudson, Ingraham, Maier, McKinlay, Miller, Mitchell, Powers, Terry, Webber. (15) STATE OF MICHIGAN) ) SS COUNTY OF OAKLAND) I, John D. Murphy, Clerk of the County of Oakland, State of Michigan, do hereby certify that I have compared the annexed copy of proceedings of the Oakland County Board of Supervisors taken at a regular meeting held on April 13, 1965 in re: Pontiac Township Water Supply System with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Pontiac„'Michigan, this 14th , . April , 19 65 . John D. Murphy County Clerk 2 14th day of By: Julia Maddock, Deputy Clerk - • 11V, e • STATE OF MICHIGAN) ) SS COUNTY, OF OAKLAND) John D. Murphy, Clerk of the County of Oakland, State. of Michigan, do hereby certify that I have compared the annexed copy of proceedings of the Oakland County Board of Supervisors taken at a regular meeting held on April 13, 1965 in ret Pontiac Township Water Supply Syste with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Pontiac,'Michigan, this 4 1 th day of April 19 65 2111011tliqq• John D. Murphy - County Clerk - ,:4;tiliii-MaddOok, Deputy Clerk r. -