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HomeMy WebLinkAboutResolutions - 1963.12.10 - 20323At a Regular meeting of the Board of Supervisors of Oakland County, Michigan, held in the Board of Supervisors Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road,in the City of Pontiac, Michigan, on the 10th day. of December, 1963, at 10:00 o'clock A.M., Eastern Standard Time. PRESENT: Allerton, Alward, Bachert, Beecher, Bloe, Brickner, Calhoun, Campbell, John Carey, Case, Charteris, Cheyz, Clarkson, Davids, Davis, Demute, Dewan, Dohany, J. W. Duncan, WM, Duncan, Durbin, Edward, Edwards, Ewart, Fouts, Goodspeed, Hall, Hamlin, Heacock, Horton, Huber, Hursfall, Jackson, Kennedy, Kephart, Knowles Laurie, Lessiter, Levin, Levinson, MacDonald, Marshall, McAleer, McCartney, McGovern, Michrina, OlDonoghue, Oldenburg, Patnales, Perinoff, Potter, Potthoff, Rehard, Remer, Rhinevault, Seeterlin„ Slavens, Smith, Solley, Stephenson, Tapp, Taylor, They, Tinsman, Turner, Yell, Wagner, Webber, Yockey. (69) ABSENT: James Carey, Cooley, Cummings, Forbes, Hagstrom, Hoard, Wallace Hudson, Ingraham, Lahti, Melchert, Menzies, Miller, Mitchell, Moore, Osgood, Wood. (16) Miscellaneous Resolution No. Recommended by Board of Public Works Re: Waterford Water Supply System Calhoun Mr. presented the following bond resolution a copy of which has been sent to each member of the Board of Supervisors: 4255 At a meeting of the Board of Supervisors of Oakland County, Michigan, held in the Board of Supervisors Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road,in the City of Pontiac, Michigan, on the 10th day. of December, 1963 10:00 o'clock A.M., Eastern Standard Time. PRESENT: ABSENT: Miscellaneous Resolution No. Recommended by Board of Public Works Re: Waterford Water Supply System Mr. presented the following bond resolution a copy of which has been sent to each member of the Board of Supervisors: BOND RESOLUTION WHEREAS, pursuant to Act No, 185, Michigan Public Acts of 1957, as amended, the Board of Supervisors of Oakland County, Michigan, by Miscellaneous Resolution No. 3909, adopted February 6, 1962, approved the establishment of the "Waterford Water Supply System" for the purpose of supplying water to the Charter Township of Waterford (hereinafter sometimes referred to as the "Township") in said County of Oakland (hereinafter sometimes referred to as the 'County"), the said system to be acquired and financed by the County and to consist of existing water supply systems owned by the Township and additional water supply facilities to be constructed by the County; and WHEREAS, the said County and the said Township, by their respective governing boards, have entered into a contract by the terms of which the County is to acquire said system and lease the same to the Township for operation by the Township and is to finance the cost thereof (or such part which it may be necessary to borrow) by issuing bonds of the County pursuant to said Act No. 185, as amended, secured by and payable solely from payments to be made by the Township to defray the county's cost of acquiring the system; and WHEREAS, plans and specifications for said system, together with an estimate of the cost thereof in the sum of $7,350,000 (including 15 months' capitalized interest on the herein authorized bonds) and an estimate of 40 years And upwards as the period of usefulness thereof, have been prepared by Johnson & Anderson, Inc., registered professional engineers, and have been approved by the Board of Public Works and by the Board of Supervisors of said County, of which amount the sum of $500,000 is to be paid from an Accelerated Public Works grant by the United States Government, leaving a balance of $6,350,000 to be financed by the issuance of County bonds; and WHEREAS, the above-mentioned contract between the County and the Township requires that the Township pay the County's cost of acquiring said system, with interest thereon, in annual installments to be paid to the County on July 1 in each year, the amount to be so paid in any year to be not less than the amount required in such year for principal and interest (not capitalized), paying agents' fees, and other charges on or pertaining to the herein authorized bonds; 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 bonus in the aggregate amount of $6,350,000 to finance such part of the cost of acquiring 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 Six Wilion Eight Hundred Fifty Thousand Dollars ($6,350,000) shall be issued for the purpose of defraying a part of the cost of acquiring the Waterford Water Supply System; shall be known as "Oakland County Water Supply Bonds (Waterford Township System)"; shall be dated as of February 1, 1964: shall be 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 $ 70,000 . 100,000 100,000 100,000 125,000 150,000 175,000 200,000 225,000 225,000 225,000 225,000 225,000 235,000 1980 1981 1982 1983 1984 1985 1986 1937 1983 19P9 1990 1991 1992 1993 $250,000 260,000 270,000 230,000 290,000 :;05,000 31_5,000 325,000 350,000 350,000 350,000 375 000 375,000 375.000 numbered consecutively in the direct order of their maturities from 1 upwards; shall be in the denomination of either $1,000 or $5,000 each (hut not both) as specified by the original purchaser; shall hear interest at a rate or rates to be hereafter determined not exceeding five per cent (57) per annum, payable on August 1, 1964 and semi-annually thereafter on the first days of February and August in each year; and shall mature on the first day of August in years and principal amounts as follows: Year Due Principal Amount Year Due Principal Amount Bonds maturing in the years 1979 through 1993 shall he 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 August 1, 1976, at the par value thereof and accrued interest plus a premium on each bond in accordance with the following schedule. 5% of par value if called to be redeemed on or after August 1, 1976, but prior to August 1, 1978. 4% of par value if called to be redeemed on or after August 1, 1978, but prior to August 1, 1980. '3% of par value if called to be redeemed on or after August 1, 1980, but prior to August 1, 1983. 2% of par value if called to be redeemed on or after August 1, 1983, but prior to August 1, 1985. 17 of par value if called L:o be redeemed on or after August 1, 1936, but prior to August 1, 1990. 1/27 of par value if called to be redeemed on or after August 1, 1990. 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 data fixed for redemption, at least once in a news- p,per 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 1979 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 thereon shill be payable in lawful money of the United States of America, it a bank or trust company to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which paying agent or agents quAlify as such under the Statutes of the State of Michigan or of the Federal Go/ernment. 3. That the Chairman of the Board of Supervisors and the County Clerk of the County of Oakland are hereby authorized and directed to execute said bonds for a-Id 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 execution of said bonds and attached coupons, the same shall be delivered to the Treasurer of SIDI 4 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 1957, as amended in anticipation of and payable solely from the collection of the amounts to become due to the County under said contract between the County and the Township, which principal amounts aggregate the sum of $6,850,000, with interest as therein provided. The interest payable on said bonds on August 1, 1964 and on February 1, 1965, and one-half of the interest payable on August 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 not pledged for the payment of the principal of and interest on said bonds. 5. That all moneys paid to the County by the Township pursuant to 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 other- wise as provided in said contract. 6. That said bonds and attached coupons shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY T=ER SUPPLY BOND (WATERFORD SYSTEM) Number KNOW ALL N:;: FY THESE PRESENTS, that the County of Oakland, State of Michigan, hereby acknolwedges itself to owe and for value received, promises to pay to the bearer hereof, the sum of THOUSAND DOLLARS on the first day of August, A.D. 19 , together with interest thereon from the date hereof until paid, at the rate of ) per centum per annum, payable August 1, 1964 and thereafter semi-annually on the first days of February and August in each year. Both principal and interest hereof are payable in lawful money of the United States of America at in the City of , 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 , both inclusive, the principal sum of Six Million Eight Hundred Fifty Thousand Dollars ($6,350,000), issued under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan, and especially Act No. 135 of the Michigan Public Acts of 1957, as amended, for the purpose of defraying a part of the cost of acquiring the Oakland County Water Supply System for Waterford Township. This bond is not a general obligation of said County of Oakland, but is payable, as to both principal and interest, solely from moneys to be paid to said County by the Charter Township of Waterford in said County, pursuant to a certain contract between said parties dated 19 , whereby said Township has agreed to pay to the said County the County's 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. Bonds of the series maturing prior to the year 1979 are not subject to redemption prior to maturity. Bonds maturing in the years 1979 through 1993 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 Aunst 1, 1976, at the par value thereof and accrued interest plus a —um on each bond in accordance with the following schedule: upon 6 0! (SEAL) County Clerk $ if called to be redeemed on or after August 1, 1976, but prior to August 1, 1973. if called to be redemed on or after August 1, 1978, but prior to August 1, 1980. if called to be redeemed on or after August 1, 1980, bur prior to August 1, 1983. if called to be redeemed on or after August 1, 1983, but prior to August 1, 1986. if called to be redeemed on or after August 1, 1986, but prior to August 1, 1990. $ if called to be redeemed on or after August 1, 1990. 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 news- paper 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 performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by the Constitution and Statutes of the State of Michigan, and that the issuance of this series of bonds does not cause any constitutional or statutory limitation to be exceeded. IN WITNESS WHEREOF, 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 thereto, and 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 February, A.D., 1964. COUNTY OF OAKLAND STATE OF MICHIGAN By Chairman of Board of Supervisors By 7 County Clerk. (facsimile) facsi Chairman of Board of Supervisors (COUPON) Number On the first 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 in the City of same being the interest due on that day on its Oakland County Water Supply Bond (Waterford Township System) dated February 1, 1964, No. _ . This coupon is payable solely from certain contract payments as specified in said bond. 7. That the said bonds shall not be issued until the Municipal Finance Commission of the State of Michigan shall have first isssued 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. That 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 cifz,ct the sale and issuance of said bonds, subject to the provisions of this resolution. 9. That all resolutions and RArts of resolution, insot.,Ir as the same may be in conflict herewith, are hereby rescind-'. Mr. The adoption of the foregoing resolution was moved by and seconded by Mr. On roll call the resolution was adopted by the following vote: Yeas: Nays: Absent: STATE OF MICHIGAN ) ) SS COUNTY OF OAKLAND ) I, the undersigned, the County 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 meeting held on December 10, 1963, in the matter of $6,850,000 Oakland County Water Supply Bonds (Waterford Town- ship 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 day of December, 1963. County Clerk Calhoun and seconded by Mr. Seeterlin Mr. set my hand and this 10th day of affixed December 1963. - 2 Julia Maddock The adoption of the foregoing resolution was moved by On roll call the resolution was adopted by the following vote: YEAS: Allerton, Alward, Bachert, Beecher, Bloe, Brickner, Calhoun, Campbell, John Carey, Case, Charteris, Cheyz, Clarkson, Davids, Davis, Demute, Dewan, Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Ewart, Fouts, Goodspeed, Hall, Hamlin, Heacock, Horton, Huber, Hursfall, Jackson, Kennedy, Kephart, Knowles, Laurie, Lessiter, Levin, Levinson, MacDonald, Marshall, McAleer, McCartney, McGovern, Michrina, O'Donoghue, Oldenburg, Patnales, Perinoff, Potter, Potthoff, Rehard, Remer, Rhinevault, Seeterlin, Slavens, Smith, Solley, Stephenson, Tapp, Taylor, Tiley„ Tinsman, Turner, Veil, Wagner, Webber, Yockey. (69) NAYS: None. (0) ABSENT: James Carey, Cooley, Cummings, Forbes, Hagstrom, Hoard, Wallace Hudson, Ingraham, Lahti, Melchert, Menzies, Miller, Mitchell, Moore, Osgood, Wood. (16) STATE OF MICHIGAN ) ) SS COUNTY OF OAKLAND ) /Acting the undersigned, the( County 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 matter of $6,850,000 Oakland County Water Supply Bonds (Waterford Town- ship 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 the seal of said County at Pontiac, Michigan, Regular meeting held on December 10, 1963, in the Acting County Clerk At a Regular presented the following bond resolution Calhoun Mr. meeting of the Board of Supervisors of Oakland County, Mikiligan, held in the Board of Supervisors Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road,in the City of Pontiac, Michigan, on the 10th day. of December, 1963, at 10:00 o'clock A.M., Eastern Standard Time Allerton, Alward, Bachert, Beecher, Bloe, Brickner, Calhoun, Campbell, John Carey, Case, Charteris, Cheyz, Clarkson, Davids, Davis, Demute, Dewan, Dohany, J. W. Duncan, WM, Duncan Durbin VArnnA . Durbin, Edward, Edwards, E wart, Fouts, Goodspeed, Hall, Hamlin, Heacock, Horton, Huber, Hursfall, Jackson, Kennedy, Kephart, Knowles, Laurie, Lessiter, Levin, Levinson, MacDonald, Marshall, McAleer, McCartney, McGovern, Michrina, O'Donoghue, Oldenburg, Patnales, Perinoff, Potter, Potthoff, Rehard, Remer, Rhinevault, Seeterlin, Slavens, Smith, Solley, Stephenson, Tapp, Taylor, Tiley, Tinsman, Turner, Voll, Wagner, Webber, Yockey. (69) ABSENT: James Carey, Cooley, Cummi ngs, Forbes, Hagstrom, Hoard, Wallace Hudson, Ingraham, Lahti, Melchert, Menzies, Miller, Mitchell, Moore, Osgood, Wood. (16) 4255 Miscellaneous Resolution No. Recommended by Board of Public .Alorks Re: Waterford Water Supply System a copy of which has been sent to each member of the Board of Supervisors: