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HomeMy WebLinkAboutResolutions - 1996.06.13 - 24774ar Ii MISCELLANEOUS RESOLUTION #96136 June 13, 1996 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER - JOHN E. OLSEN DRAINAGE DISTRICT 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 John E. Olsen Drain, by resolution adopted on May 14, 1996, authorized and provided for the issuance by the John E. Olsen Drainage District of its Drain Bonds in the aggregate principal amount of $950,000 (the "Drain Bonds") to defray part of the cost of the John E. Olsen Drain; and WHEREAS, the Drain Bonds will be dated July 1, 1996, will bear interest at rates not to exceed 8% per annum, will mature in such years and principal amounts, and will be subject to redemption upon the terms and conditions set forth in the bond resolution; 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 of Oakland (the "County") for the payment of the principal of and interest on the Drain Bonds; and WHEREAS, the John E. Olsen Drain is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County that the Drain Bonds be sold. NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Drain Bonds and agrees that, in the event the City of Auburn Hills shall fail or neglect to account to the County Treasurer of the County 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. In the event that, pursuant to the pledge of full faith and credit, the County 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, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. The County Treasurer is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County a Notice of Intent to Issue an Obligation with respect to the Drain Bonds. 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Drain Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the County Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certi21 f . te shall be as-et forth therein. ( Mr. Chairperson, on behal of t.- P1- n .-i g ad)Building Committee, I move adoption of the foregoing reso t›.0 ,, Aird AL.......a.......11 oriFNING AND B liwYDING COMMITTEE Bendzinsid & Co. municipal finance advisors $950,000 JOHN E. OLSEN DRAINAGE DISTRICT COUNTY OF OAKLAND, STATE OF MICHIGAN DRAIN BONDS SCHEDULE OF DEBT SERVICE REQUIREMENTS Total Principal & Interest Requirements $106,521 84,313 82,688 81,063 79,438 77,813 76,188 98,750 95,500 92,250 89,000 85,750 82,500 79,250 76,000 96,938 92,063 87,188 82,313 _ 77,438_ Principal Interest Due Interest Due Year May 1 Rate May 1 , 1997 25,000 6.500% $51,458 1998 25,000 6.500% 30,063 1999 25,000 6.500% 29,250 2000 25,000 6.500% 28,438 2001 25,000 6.500% 27,625 2002 25,000 6.500% 26,813 2003 25,000 6.500% 26,000 2004 50,000 6.500% 25,188 2005 50,000 6.500% 23,563 2006 50,000 6.500% 21,938 2007 50,000 6.500% 20,313 2008 50,000 6.500% 18,688 2009 50,000 6.500% 17,063 2010 50,000 6.500% 15,438 2011 50,000 6.500% 13,813 2012 75,000 6.500% 12,188 2013 75,000 6.500% 9,750 2014 75,000 6.500% 7,313 2015 75,000 6.500% 4,875 2016 75,000 6.500% 2,438 _ $412,208 - Interest Due November 1 * $30,063 29,250 28,438 27,625 26,813 26,000 25,188 23,563 21,938 20,313 18,688 17,063 15,438 13,813 12,188 9,750 7,313 4,875 2,438 0 -$60,756 *Bonds dated July 1, 1996, first interest payment due May 1, 1997. RJB 05/06/96REVISED 96-034DSR One Kennedy Square, Suite 2130, Detroit, Michigan 48226-3322 PHONE: (313) 961-8222 FAX: (313) 961-8220 The information contained herein was derived from sources generally recognized as reliable and does not make any representations as to correctness or completeness and has in no way been altered except to the extent that some information may be summarized, and is in no way intended to be a solicitation for orders. Or v•-. FISCAL NOTE ( Mi SC . #96136) BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - JOHN E. OLSEN DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the issuance of drain bonds with the County pledging full faith and credit with the City of Auburn Hills as the primary obligor. 2. The principal amount of the bond issue is $950,000 at an interest rate not to exceed 8% to be paid back within 20 years. 3. The statutory limit for county debt is $3,321,293,690 (10% of 1995 State Equalized Value). As of 4/30/96, the outstanding debt is $324,651,262 or approximately 1.04% of the S.E.V. 4. Of the total project cost of $1,051,199, the County's apportionment is 3.837% ($40,335). The County's share will be paid as a one-time charge against the Non-Departmental account for Drain Assessments. Funding is available for this expense. Therefore, no budget amendment is required. FINANCE AND PERSONNEL COMMITTEE Resolution #96136 June 13, 1996 Moved by Palmer supported by Kingzett the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (25) 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 June 13, 1996 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 13th day of June 1996. , t. Allen, County Clerk