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HomeMy WebLinkAboutResolutions - 1965.06.28 - 19609Mr Rehard offered the following resolution, copies of which were previously mailed to all members of this 7=,i Miscellaneous Resolution No 4459 Recommended by Board of Public Works Re: MILFORD SEWAGE DISPOSAL SYSTEM Submitted by Mr. Rehard BOND RESOLUTION mr. Rehard offered the following resolution which was approved by the Board of Public Works at their meeting of / , 1965: WHEREAS, the said Board of Supervisors, by miscellaneous resolution No 4420,adopted on February 23, 1965, as amended by miscellaneous resolution No 4444, adopted on April 27, 1965, did approve of the establishment of a sewage disposal system to be known as the "Milford Sewage Disposal System" for the purpose of disposing of sanitary sewage from the Milford Sewage Disposal District, which district lies in the Village of Milford and environs and is more particularly described in said miscellaneous resolution No, 4444; and WHEREAS, pursuant to resolution of this Board of Supervisors adopted herewith, and pursuant to a resolution adopted by the govern- ing body of the Village of Milford, the County of Oakland and the said village are entering into a contract dated as of May 1, 1965, whereby the County agrees to construct and finance said Milford Sewage Dis- posal System and the village agrees to Day the cost thereof, based upon an estimated cost of $465,000, and as represented by the amount of bonds issued by the county to finance said System, which said con- tract is set forth in full in the said resolution of this Board of Supervisors; and WHERE13, construction plans and specifications for the Milford Sewage Disposal System as prepared by Hubbell, Roth & Clark, Inc., registered professional engineers, and an estimate of $485,000 as the cost of said System and an estimate of 40 years and upwards as the period of usefulness thereof, as prepared by said registered pro- fessional engineers, have been approved by the Board of Public Works and by this Board of Supervisors of Oakland County and by the Council of the Village of Milford; and WHEREAS, pursuant to the provisions of said contract May 1, 1965, the amounts of the several annual installments to be paid by the village are the same as the annual bond maturities here- inafter set forth; and WHEREAS, vnez' said contract of May 1, 1965, the village 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 anticipa- tion of the payments to be made by the village under said contract of May 1, 1965; and WHEREAS, the County Board of Public Works has approved this resolution and recommended its adoption by the Board of Supervisors, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, IITCHIGAff, as follows: 1. That the bonds of said County of Oakland, aggregating the principal sum of Four Hundred and Eighty-Five Thousand Dollars ($485,000) be issued for the purpose of defraying the cost of acquir- ing said Milford Sewage Disposal System, said bonds shall be known as 'Oakland County Sewage Disposal Bonds Nilfcrd System, shall be dated August 1, 1965; shall be 7_u;1,3red consecutively in the direct order of their mat_:-ities from 1 upwards; shall be in the denomination of $1,000 or $5,030 each at the option of the original purchaser; shall bear interest at a rate or rates to be hereafter determined not exceeding five per cent (5) per annum, payable on April 1, 1966 and semi-annually thereafter on the first days of April and October in each year and shall mature on the first day of October in each year as follows: 1966 $ 10,000 1967 10,000 1968 10,000 1969 10,000 1970 10,000 1971 15,000 1972 15,000 „1973 15,000 1974 15,000 1975 15,000 1976 20,000 1977. 20,000 Bonds maturing on or after October 1978 $• 20,000 1979 20,000 1980 20,000 1981 25,000 1982 25,000 1983 25,000 1984 25,000 1985 25,000 1986 25,000 1987 25,000 1988 25,000 1989 30,000 1990 30,000 1978 shall be subject to re- demption as a whole, at the option of the County prior to maturity on any interest payment date on or after October 1, 1973, and shall be subject to redemption as a whole or in part, in inverse numerical order, at the option of the County prior to maturity on any one or more interest payment dates, on or after October 1, 1978, Bonds called for redemption shall be redeemed at the par value thereof and accrued interest plus a premium on each bond computed as a percentage of the face amount thereof in accordance with the following schedule; 3% if called to be redeemed on or after October 1, 1973 but prior to October 1, 1975 2-1/2% if called to be redeemed on or after October 1, 1975 but prior to October 1, 1978 2% if called to be redeemed on or after October I, 1978 but prior to October 1, 1981 1-1/2% if called to be redeemed on or after October 1, but prior to October 1, 1984 1% if called to be redeemed on or after October 1, 1984 but prior to October 1, 1987 1/2% if called to be redeemed on or after October 1, 1987 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 t han thirty (r) 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 1978 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 there- on shall be payable in lawful -ore -: of the United States of America, at such bank and/or trust cc:77 ,a:ly which 11.1a1ifies as a paying agent under Federal or Michigan law and which shall be designated by the original purchaser of the bonds. Such purchaser shall have the right to name a similarly qualified co-paying agent. 3. That the Chairmen of the Board of Supervisors 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 -4- 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 same 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 purchase price therefor. 4, That the said bonds are to be issued pursuant to the provisions of Act No 185 of the Michigan Public Acts of 1997, as amended, in anticipation of the payments to become due to the County from the Village of Milford under said contract of May 1, 1965, which payments are in the principal amount of the bonds with interest there- on as therein provided. As provided in. said Act lqp. IC5, the full faith and credit of the Village of Milford is pledged to the making of said payments when due, and in addition there is hereby pledged, as authorized in said Act Mo. 185, the full faith and credit of the County of Oakland to the payment of the bonds, both principal and interest, when due, 5. That all moneys paid to the County by the Village of Milford rursuant to said contract of May 1, 1965, shall be set aside by the County Treasurer in a separate fund and bank account to be used solely for the payment or the principal of and interest on the bonds herein authorized. Interest payable on the bonds on April 1, 1966, is capitalized and is payable from the proceeds of said bonds. 6. That said bonds and attached coupons shall be sub- stantially in the following form: UNITED &TATES OF AMERICA STATE OF NICHIr.,A COUNTY OF OAKI.,:p OAKLAND COUNTY SEWAGE DISPOSAL BOND - MILFORD SYSTEM Number KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acXnowiedges itself 1 -...ftebted and for value received, promises to pay to the bearer hereof, the sum of THOUS 7D DOLLARS on the first day of October, A.D. 19 , together with interest there- on from the date hereof until raid, at the rate of ) per centum per annum, payable April • 1, 1966 ard tbereafter on the first days of fp'.11 and October in each year. Both pr•c1pa1 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 bet.b inclusive, agEregating the principal sum of pour Hundred and Eigh7-vive Thousai:J Dollars ($485,000), 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 cost of the Milford Sewage Disposal System. Bonds of this series maturing prior to October 1, 1978 are not subject to redemption prior to maturity. :onds maturing on or after October 1, 1978 shall be subject to redeption as a whole, at the option of the County prior to maturity on any interest payment date on or after October 1, 1973 and shall be subject to redemption as a whole or in part, in inverse numerical order, at the option of the County prior to maturity on any one or more interest payment dates, on or after October 1, l':;(E, Bonds called for redemption shall be redeemed at the ;,-ar valud thereof and accrued interest plus a premium on each bond eomted as a percentage of the face amount thereof in accordance with 1.Yne following sliedule: . 3% if called to be redeemed on or after October 1, 1973 but prior to October 1, 1975 27 1/2% if called to be redeemed on or after October 1, 1975 but prior to October 1, 1978 2% if called to be rfeemed on or after October 1, 1978 but prior to OctoOr 1,..19S1 1-1/2% if called to be redeemed on or after OoteLer 1, 1981 but prior to October 1, IS 1% if called to be redeemed on or after October 1, but prior to October 1, 1987 1/2% if called to be redeemed on or after October but prior to maturity.' Notice of redemption shall be given to the holders of lands called for redemption by publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a news- paper or publication circulated in the City of Detroit, L;_chigan, which carries as a part of its regular service, notices of the sale of municipal bonds. Bonds so c;411ed for redemption shall not bear interest after tie date fixed for redemption, provided funds are on hand with the paying agent to redeem the same. and interest, is payable from md by the Village of Milford y 1. 1915 between the County of •:1J, the said village agrees to pay to :id Milford Sewage Disposal System in as the annual maturities of the bonds of this j to pay the amount of the interest and bond IYar full faith and credit o salTvillage is pled ment of its obligations pursuilt to said ,ontrat. by affirmative vote of 2/3rds of the members elect Supervisors, the full faith and credit of the County of OaLland 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 required to exist, tzppen and be performed precedent to and in the issuance of the br.ls of this series, existed, have happened.and have been performed in time, form and manner as required by the Constitution and Statutes of the State cf and that the total indebtedness of said county, including this series of bonds, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by Its Board of Supervisors, has cati,sed this bond to be signed in its name by the Chairman of said Board of Supervisors and by the County Clerk of the cou n. and its corporate seal to be affixed hereto, and has caused the annexed interest coupons to be exe c uted with one facsimile signatures of said Chairman and County Clerk, all as of the first day of August, A.D. 1965. COUNTY OF OAKLAND, MICHIaAIT By Chairman of its Supervisors By e (SEAL) This bond as to both moneys to be paid to the pursuant to a certain o Oakland and said village the said County the cost c.•, annual installments, beginning September 1 , in the same amounts nd semi-annually arges. The TrF3 prompt pay in addition, 7 its Board of Its County (COUPON) Number On the 1st day of AD. 19 , the County of Oakland, Michigan, will pay to the bearer hereof the sum shown hereon in lawful money of the United States of America at the in the City of , Same beig the interest due on that day on its Oakland C6unty Sewage Disposal ?.1ilford System, dated August 1, 1965, No (FACSIMILE) County 'Clerk ,(FACSIMILE) Chairman of the Board of Supervisors 7. 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 do, as provided in Act No, 202, Michigan 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. 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 iszaance of said bonds, subject to the provisions of this resolution. 9. All 1,esolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded. -9- Mr. Chairman, I move the adoption of the foregoing resolu- tion. Supported by Mr. Mainland ADOPTED: Yeas - Allerton, Alward, Bachert, Beecher, Carey, Case, Charteris, Clarkson, Cohen, Dewan, Dohany, Duncan, Durbin, Edward, Fouts, Frid, Frye, Goodspeed, °Tisdale, Hagstrom, Hamlin, Heacock, Houghten, Hudson, Huhn, Hursfall, Johnston, Kennedy; Kephart, Lahti, Laurie, Lessiter, Levinson, Linley, Macdonald, Maier, Mainland, Mastin, McAvoy, McKinlay, Menzies, Mercer, Mitchell, Nelson, O'Donoghue, Oldenburg, Osgood, Patnales, Peterson, Potter, Powers, Rehard, Remer, Rhinevault, Seeterlin, Simson, Slavens, W. Smith, Solberg, Tapp, Tiley, Tinsman, Turner, Valentine, Veil, Walker, Webber, Wilcox, Woods, Yockey. (70) Nays — None. (0) Absent — Brickner, Casey, Cheyz, Demute, Ewart, Forbes, Hall, Horton, Ingraham, Knowles, Meichert, Miller, Mills, H. Smith, Terry, Travis. (16) T-Z ADO.? Yeas — Mr. Chairman, I move the adoption of the foregoing resolu- tion. Supported by Mr. Mainland Allerton, Alward, Bachert, Beecher, Carey, Case, Charteris, Clarkson, Cohen, Dewan, Dohany, Duncan, Durbin, Edward, Fouts, Frid, Frye, Goodspeed, Grisdale, Hagstrom, Hamlin, Heacock, Houghten, Hudson, Huhn,•Hursfall, Johnston, Kennedy, Kephart, Lahti, Laurie, Lessiter, Levinson, Linley, Macdonald, Maier, Mainland, Mastin, McAvoy, McKinlay, Menzies, Mercer, Mitchell, Nelson, O'Donoghue, Oldenburg, Osgood, Patnales, Peterson, Potter, Powers, Rehard, Remer, Rhinevault, Smson, Slavens, W. Smith, Solberg, Tapp, They, Tinsman, Turner, Valentine, Voll, Walker, Webber, Wilcox, Woods, Yockey. (70) Nays — None. (0) Absent — Brickner, Casey, Cheyz, Demute, Ewart, Forbes, Hall, Horton, Ingraham, Knowles, Melchert, Miller, Mills, H. Smith, Terry, Travis. (16) STATE OF MICHIGAN ) ) es: COUNTY OF OAKLAND ) 1, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing are true and complete copies of Miscellaneous Resolutions No, 4458 and Nn, 4459 and of the proceedings pertaining tereto, duly adopted and taken by Board of Supervisors of said County at a regular meeting held June 1965, the originals of which are on file in my office County Clerk, Oakland ounty Dated June 28 1965