Loading...
HomeMy WebLinkAboutResolutions - 1994.03.23 - 24181Miscellaneous Resolution No. 94071 March 24 , 1994 BY: PLANNING AND BUILDING COMMITTEE CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAIN DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen WHEREAS, the Drainage Board for the Acacia Park CSO Drain, by resolutions adopted on March 8, 1994, authorized and provided for the issuance of Drain Bonds, Series 1994A in the aggregate principal amount of not to exceed $9,000,000 and Drain Bonds, Series 19948 in the aggregate principal amount of not to exceed $2,900,000 to defray part of the cost of the Acacia Park CSO Drain; and WHEREAS, the Drain Bonds, Series 1994A and the Drain Bonds, Series 1994B will be dated as of such date, will bear interest at such rates not to exceed 8% per annum, will mature in such years and principal amounts, and will be subject to redemption upon such terms and conditions as shall be determined by the Oakland County Drain Commissioner as Chairman of the Drainage Board for the Acacia Park CSO Drain; and WHEREAS, the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the principal of and interest on the Drain Bonds, Series 1994A and the Drain Bonds, Series 1994B; and WHEREAS, the Acacia Park CSO Drain is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County of Oakland that the said bonds be sold. NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Acacia Park CSO Drainage District Drain Bonds, Series 1994A and Series 1994B and agrees that, in the event the Village of Beverly Hills, the City of Birmingham or the County of Oakland shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. That in the event that, pursuant to the pledge of full faith and credit, the County of Oakland advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. That the County Treasurer is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County of Oakland Notices of Intent to Issue an Obligation with respect to the Drain Bonds, Series 1994A and the Drain Bonds, Series 1994B. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of th- .r.--.oing re=oluti 411111r PArsNING AND BUI I NG COMMITTEE JAE/09007/0259/FT9/1 -2- PUBLIC CORPORATIONS: PERCENTAGES: AMOUNT ASSESSED: Village of City of Beverly Hills Birmingham 28.83% $3,430,770 County of Oakland 3.01% $358,190 Total 100% $11,900,000 68.16% $8,111,040 SPECIAL ASSESSMENT ROLL NO. 1 FOR ACACIA PARK CSO DRAIN (An Intra-County Drain in Oakland County, Michigan) PROJECT: TOTAL ESTIMATED COST: AMOUNT TO BE ASSESSED: To locate, establish and construct the Acacia Park CSO Drain $11,900,000 $1 1,900 1 000 The number and amounts of the installments, the due dates of the installments and the interest on the unpaid installments shall be determined by the Chairman of the Drainage Board at the time bonds are sold. The foregoing roll was approved by We hereby certify that the the Drainage Board for the Acacia Park foregoing special assessment CSO Drain on March 8, 1994 roll was prepared in accordance with the direction of the Drainage Board for the Acacia Park CSO Drain and the statutory provisions applicable thereto. hairman o rainage Board Chairman of ikhe Drainage Board Kembe Member JAE/09007/0259/FV2/1 (l a March 24, 1994 FISCAL NOTE (Misc. #94071) BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAIN, DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION, MISCELLANEOUS RESOLUTION #94 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #94071 and finds: 1) The resolution authorizes the issuance of drain bonds with the County pledging full faith and credit with the Acacia Park CSO Drainage District as the primary obligor. 2) The authorization for the bond issue is for a total amount of $11,900,000 which is divided into two portions, Series 1994A and Series 19948. 3) Series 1994A is for a sum not to exceed $9,000,000 and will be sold to the Michigan Municipal Bond Authority at an estimated 2% interest per annum. The redemption terms will be determined by the State. 4) Series 19948 is for a sum not to exceed $2,900,000 to be repaid within 20 years at an interest rate to be determined by bid, but not exceeding 8% per annum. 5) Federal participation is anticipated to offset the total $11,900,000 cost for this project, however, the level of participation is unknown and the impact on each portion of the bond issue is unknown. 6) The statutory limit for County debt is $3,008,744,830 (10% of 1993 State Equalized Value). As of February 28, 1994, the outstanding debt is $319,229,031 or approximately 1.1% of the S.E.V. 7) Of the total project, the County's apportionment is 3.01% or $358,190. The dollar amount may be reduced with Federal funding. Assuming the County participates in the bond issue, the County will not be assessed until April 1995. Based on the total dollar amount of the project and assuming no Federal grant will be received, the County's assessment in 1995 would be $37,768. Since $40,000 was budgeted in 1995 in anticipation of future projects, no additional funding is required. FINAytE COMMITTEE STEV\DRAIN\ACACIA.FN Resolution #94071 March 24, 1994 Moved by Palmer supported by Jensen the resolution be adopted. AYES: Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Kaczmar, Kingzett, Law, Miltner, Oaks, Obrecht, Palmer, Powers, Schmid. (18) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 March 24, 1994 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 24th day oOlkirch 1994. - /7 /3 ( Lyn9(D. Allen, Coun y Cfk