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HomeMy WebLinkAboutResolutions - 2004.03.04 - 27574MISCELLANEOUS RESOLUTION 104045 March 4, 2004 BY: FINANCE COMMITTEE, Chuck Moss, Chairperson In Re: RESOLUTION TO INITIATE ACTION TO REDEEM ALL OF THE OUTSTANDING CALLABLE COUNTY OF OAKLAND, MICHIGAN OAKLAND COUNTY CHARTER TOWNSHIP OF WATERFORD WATER AND SEWER BONDS PRIOR TO MATURITY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Charter Township of Waterford, Michigan (the "Township") has previously requested that the County of Oakland, Michigan (the "County"), acting through its Board of Commissioners, to finance the acquisition and construction of the Charter Township of Waterford Water and Sewer Bonds to service the Township in the following amounts: Oakland County Water Supply Bonds Waterford Township System, Extension No. 3, dated May 1, 1972 Oakland County Sewage Disposal Bonds-Clinton-Oakland System, Waterford Extensions Phase II dated May 1, 1972 Waterford Iron Removal Facilities (LTGO) Bonds Series 1992-A dated July 1, 1992 Waterford Iron Removal Facilities (LTGO) Bonds Series 1993 date July 1, 1993 for that purpose; and $ 400,000 $2,350,000 $2,400,000 $1,900,000 WHEREAS, the Township has requested that the County redeem all of such callable outstanding bonds with maturities and interest rates as set forth in EXHIBIT A thru EXHIBIT D, which as of the date hereof, remain outstanding in the principal amount of $4,825,000 (such bonds referred to as the "Bonds to be Redeemed"); and FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Palmer and Long absent. WHEREAS, it appears to this Board that the redemption of said bonds is advisable to save further interest costs; and WHEREAS, the Board of Commissioners of the County must approve such redemption; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN as follows: 1. The Board of Commissioners of the County hereby confirms the request of the Township to call the Bonds to be Redeemed, pursuant to the Resolution To Initiate Action to Redeem the Oakland County and Charter Township of Waterford Water and Sewer Debt Prior to Maturity, adopted by the Township Board on , 2004, and recommends that the Board of Commissioners approve the necessary resolution which is attached as APPENDIX A. 2. The Chairman of the Board of Commissioners and bond counsel, Axe & Ecklund, P.C., are instructed to take whatever steps are necessary to call the Bonds to be Redeemed. 3. All resolutions and parts of resolution, insofar as the same may be in conflict herewith, are hereby rescinded. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE 2 EXHIBIT A DEBT SERVICE SCHEDULE OF OUTSTANDING BONDS TO BE REDEEMED Redemption Date: May 1, 2004 PRINCIPAL ANNUAL YEAR DUE MAY 1 RATE PREMIUM (1.0) TOTAL 2005 1,200,000 4.00% 12,000 1,212,000.00 TOTAL $ 1,200,000 $12,000 $1,212,000.00 (1) Bonds maturing prior to May 1, 1980 shall not be subject to redemption prior to maturity. Bonds maturing on or after May 1, 1980 shall be subject to redemption as a whole on any one interest payment date on or after May 1, 1980, and shall be subject to redemption in inverse numerical order, at the option of the County prior to maturity, on any one or more interest payment dates on and after May 1, 1990. 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: 3.0% if called to be redeemed on or after May 1, 1980, but prior to November 1, 1989; 2.0% if called to be redeemed on May 1, 1990 thru November 1, 1999; and 1.0% May 1, 2000 to maturity. dmh.RD-OAK131(DW) ' EXHIBIT A-1 NOTICE OF REDEMPTION $20,400,000 OAKLAND COUNTY SEWAGE DISPOSAL BONDS- CLINTON-OAKLAND SYSTEM, WATERFORD EXTENSIONS PHASE II Dated as of May 1, 1972 DUE MAY 1, 2005 NOTICE IS HEREBY GIVEN that the County of Oakland, State of Michigan has called for redemption, on May 1, 2004, (the "Redemption Date"), all of the callable outstanding Oakland County Sewage Disposal Bonds-Clinton-Oakland System, Waterford Extensions Phase II (the "Bonds"), pursuant to the redemption provisions contained in the Bonds, bearing the original issue date of May 1, 1972, maturing in the principal amounts, on the dates, bearing interest at the rates, with the "CUSIP" numbers, as follows: Principal Rate 1„ 00 CUSIPS* Due 672818HQ7 May 1, 2005 Said Bonds will be redeemed at 101.00% of the par value thereof. Said Bonds should be surrendered for redemption to J.P. Morgan Trust Company, National Association (f/k/a Bank One Trust Company, National Association), Detroit, Michigan, as paying agent, for payment as of May 1, 2004, after which date all interest on said Bonds shall cease to accrue, whether said Bonds are presented for payment or not. Bonds may be surrendered for payment as indicated below. The method of delivery is at the option of the holder, but if by mail, registered mail is suggested. If by U.S Mail or Otherwise: Standard Federal — Corporate & Institutional Trust, A division of LaSalle Bank National Association f/k/a/ Michigan National Bank Corporate Trust Department 2600 West Big Beaver Road Troy, Michigan 48084 Under the provisions of the Interest and Dividend Tax Compliance Act of 1983 and the Comprehensive National Energy Policy Act of 1992, paying agents making payments of principal on municipal securities may be obligated to withhold a 31% tax from remittances to individuals who have failed to furnish the paying agent with a certified and valid Taxpayer Identification Number on a fully completed Form W-9. Holders of the above described Bonds, who wish to avoid the application of these provisions, should submit certified Taxpayer Identification Numbers on I.R.S. Form W-9 when presenting their securities for redemption. OAKLAND COUNTY Patrick M. Dohany, County Treasurer * No representation is made as to the correctness of the CUSIP numbers either as printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. dmh.RD-OAK 13 1(dw) EXHIBIT B DEBT SERVICE SCHEDULE OF OUTSTANDING BONDS TO BE REDEEMED Redemption Date: May 1, 2004 PRINCIPAL ANNUAL YEAR DUE MAY 1 RATE PREMIUM (1.0) TOTAL 2005 200,000 3.50% 2,000 202,000 TOTAL $ 200,000 $2,000 $202,000 (1) Bonds due 1980 thru 2005 are callable as a whole on any one interest payment date on or after May 1, 1980 and in inverse numerical order on any one or more interest payment dates on and after May 1, 1990 at par plus a premium as follows: 3.0% if called to be redeemed on or after May 1, 1980 thru November 1, 1989; 2.0% if called to be redeemed on May 1, 1990 thru November 1, 1999; and 1.0% May 1, 2000 to maturity. dmh.RD-OAK131(DW) EXHIBIT B-1 NOTICE OF REDEMPTION $4,200,000 OAKLAND COUNTY WATER SUPPLY BONDS WATERFORD TOWNSHIP SYSTEM, EXTENSION NO. 3 Dated as of May 1, 1972 DUE MAY 1, 2005 NOTICE IS HEREBY GIVEN that the County of Oakland, State of Michigan has called for redemption, on May 1, 2004, (the "Redemption Date"), all of the callable outstanding Oakland County Water Supply Bonds Waterford Township System, Extension No. 3 (the "Bonds"), pursuant to the redemption provisions contained in the Bonds, bearing the original issue date of May 1, 1972, maturing in the principal amounts, on the dates, bearing interest at the rates, with the "CUSIP" numbers, as follows: Principal Rate CUSIPS* Due 673394CG5 Wy 1, 2005 Said Bonds will be redeemed at 101.00% of the par value thereof Said Bonds should be surrendered for redemption to Standard Federal — Corporate & Institutional Trust, A division of LaSalle Bank National Association (f/k/a Michigan National Bank), Troy, Michigan, as paying agent, for payment as of May 1, 2004, after which date all interest on said Bonds shall cease to accrue, whether said Bonds are presented for payment or not. Bonds may be surrendered for payment as indicated below. The method of delivery is at the option of the holder, but if by mail, registered mail is suggested. If by U.S Mail or Otherwise: J. P. Morgan Trust Company, National Association f/k/a/ Bank One Trust Company, National Association Corporate Trust Operations — OH1-0184 235 W. Schrock Road Westerville, OH 43081 Under the provisions of the Interest and Dividend Tax Compliance Act of 1983 and the Comprehensive National Energy Policy Act of 1992, paying agents making payments of principal on municipal securities may be obligated to withhold a 31% tax from remittances to individuals who have failed to furnish the paying agent with a certified and valid Taxpayer Identification Number on a fully completed Form W-9. Holders of the above described Bonds, who wish to avoid the application of these provisions, should submit certified Taxpayer Identification Numbers on I.R.S. Form W-9 when presenting their securities for redemption. OAKLAND COUNTY Patrick M. Dohany, County Treasurer * No representation is made as to the correctness of the CUSIP numbers either as printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. dmh.RD-OAK131(dw) EXHIBIT C DEBT SERVICE SCHEDULE OF OUTSTANDING BONDS TO BE REDEEMED Redemption Date: May 1, 2004 YEAR 2005 2006 2007 PRINCIPAL DUE MAY 1 $ 575,000 625,000 650,000 ANNUAL RATE 6.10% 6.15% 6.15% PREMIUM (0.5) $2,875.00 3,125.00 3,250.00 TOTAL $577,875.00 628,125.00 653,250.00 TOTAL $ 1,850,000 $9,250.00 $1,859,250.00 (1) Bonds maturing on and after May 1, 2002, shall be subject to redemption prior to maturity, at the option of the County of Oakland (sometimes referred to herein as the "County"), in any order, on any one or more interest payment dates on and after May 1, 2001, at par and accrued interest to the date fixed for redemption, plus a premium as follows: 1.0% of the par value of each bond called for redemption on or after May 1, 2001, but prior to May 1, 2003; 0.5% of the par value of each bond called for redemption on or after May 1, 2003, but prior to May 1, 2005; No premium if called for redemption on or after May 1, 2005. dmh,RD-OAK131(DW) EXHIBIT C -1 NOTICE OF REDEMPTION $6,000,000 Oakland County, State of Michigan WATERFORD IRON REMOVAL FACILITIES BONDS. SERIES 1992-A Dated July 1, 1992 DUE MAY 1, 2005 THROUGH AND INCLUDING AND MAY 1, 2007 NOTICE IS HEREBY GIVEN that the County of Oakland, State of Michigan has called for redemption, on May 1, 2004, (the "Redemption Date"), all of the callable outstanding Waterford Iron Removal Facilities Bonds, Series 1992-A (the "Bonds"), pursuant to the redemption provisions contained in the Bonds, bearing the original issue date of July 1, 1992, maturing in the principal amounts, on the dates, bearing interest at the rates, with the "CUSIP" numbers, as follows: Principal Rate CUSIPS* Due $575,000 6.10% 672410E29 May 1,2005 625,000 6.15% 672410E37 May 1,2006 650,000 6.15% 672410E45 May 1,2007 Said Bonds will be redeemed at 100.50% of the par value thereof. Said Bonds should be surrendered for redemption to Standard Federal — Corporate & Institutional Trust, A division of LaSalle Bank National Association (f/k/a Michigan National Bank), Troy, Michigan, as paying agent, for payment as of May 1, 2004, after which date all interest on said Bonds shall cease to accrue, whether said Bonds are presented for payment or not. Bonds may be surrendered for payment as indicated below. The method of delivery is at the option of the holder, but if by mail, registered mail is suggested. If by U.S Mail or Otherwise: Standard Federal — Corporate & Institutional Trust, A division of LaSalle Bank National Association f/k/a/ Michigan National Bank Corporate Trust Department 2600 West Big Beaver Road Troy, Michigan 48084 Under the provisions of the Interest and Dividend Tax Compliance Act of 1983 and the Comprehensive National Energy Policy Act of 1992, paying agents making payments of principal on municipal securities may be obligated to withhold a 31% tax from remittances to individuals who have failed to furnish the paying agent with a certified and valid Taxpayer Identification Number on a fully completed Form W-9. Holders of the above described Bonds, who wish to avoid the application of these provisions, should submit certified Taxpayer Identification Numbers on I.R.S. Form W-9 when presenting their securities for redemption. OAKLAND COUNTY Patrick M. Dohany, County Treasurer * No representation is made as to the correctness of the CUSIP numbers either as printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. dmh.RD-OAK131;dw) TOTAL $1,575,000 $0.00 $1,575,000.00 EXHIBIT D DEBT SERVICE SCHEDULE OF OUTSTANDING BONDS TO BE REDEEMED Redemption Date: May 1, 2004 PRINCIPAL ANNUAL YEAR DUE MAY 1 RATE PREMIUM (0.0) TOTAL 2005 $ 375,000 5.125% $0.00 $375,000.00 2006 575,000 5.125% 0.00 575,000.00 2007 625,000 5.250% 0.00 625,000.00 If by U.S Mail: National City Bank Corporate Trust Operations P.O. Box 92301 Locator 5352 Cleveland OH 44193-0900 National City Bank Corporate Tru§it Operations , 4100 West 100tn 50th Street, 3rd Floor Locator 5352 Columbus, OH 44135-1385 Otherwise: EXHIBIT D-1 NOTICE OF REDEMPTION $3,900,000 OAKLAND COUNTY, STATE OF MICHIGAN WATERFORD IRON REMOVAL FACILITIES BONDS, SERIES 1993 Dated as of July 1, 1993 DUE MAY 1, 2005 THROUGH AND INCLUDING AND MAY 1, 2007 NOTICE IS HEREBY GIVEN that the County of Oakland, State of Michigan has called for redemption, on May 1, 2004, (the "Redemption Date"), all of the callable outstanding Waterford Iron Removal Facilities Bonds, Series 1993 (the "Bonds"), pursuant to the redemption provisions contained in the Bonds, bearing the original issue date of July 1, 1993, maturing in the principal amounts, on the dates, bearing interest at the rates, with the "CUSIP" numbers, as follows: Principal $373A-0 575,000 625,000 Rate 5.125% 5.125% 5.250% CUSIPS* 672410L47 672410L54 672410L62 Due May 1, 2005 May 1, 2006 May 1, 2007 Said Bonds will be redeemed at 100.00% of the par value thereof. Said Bonds should be surrendered for redemption to National City Bank of Michigan/Illinois, (f/k/a First of America Bank — Southeast Michigan, N.A.), Birmingham, Michigan, as paying agent, for payment as of May 1, 2004, after which date all interest on said Bonds shall cease to accrue, whether said Bonds are presented for payment or not. Bonds may be surrendered for payment as indicated below. The method of delivery is at the option of the holder, but if by mail, registered mail is suggested. Under the provisions of the Interest and Dividend Tax Compliance Act of 1983 and the Comprehensive National Energy Policy Act of 1992, paying agents making payments of principal on municipal securities may be obligated to withhold a 31% tax from remittances to individuals who have failed to furnish the paying agent with a certified and valid Taxpayer Identification Number on a fully completed Form W-9. Holders of the above described Bonds, who wish to avoid the application of these provisions, should submit certified Taxpayer Identification Numbers on I.R.S. Form W-9 when presenting their securities for redemption. OAKLAND COUNTY Patrick M. Dohany, County Treasurer * No representation is made as to the correctness of the CUSIP numbers either as printed on the Bonds or as contained herein and reliance may be placed only on the identification numbers. dmh.RD-OAK131(dw) STATEMENT OF RECEIPTS AND EXPENSES REDEMPTION OF ALL OF THE CALLABLE OUTSTANDING OAKLAND COUNTY, STATE OF MICHIGAN CHARTER TOWNSHIP OF WATERFORD WATER AND SEWER BOND DEBT PRIOR TO MATURITY RECEIPTS: Waterford Township Principal to be Redeemed $4,825,000 Premiums 23,250 Legal Fees 6,000 Out of pocket expenses 2,000 TOTAL $4,856,250* * This total does not include regular principal and interest payments which are required to be paid in May 1, 2004 DISBURSEMENTS : STANDARD FEDERAL BANK Principal to be Redeemed $1,200,000 Premium (1.00%) 12,000 TOTAL $1,212,000 J.P. MORGAN TRUST COMPANY Principal to be Redeemed $ 200,000 Premium (1.00%) 2,000 TOTAL $ 202,000 STANDARD FEDERAL BANK Principal to be Redeemed $1,850,000 Premium (0.50%) 9,250 TOTAL $1,859,250 NATIONAL CITY BANK Principal to be Redeemed $1,575,000 Premium (0.00%) 00 TOTAL $1,575,000 Dmh.RD-OAK131(dw) (5-1-04) 3 F ir Resolution #04045 March 4, 2004 Moved by Long supported by Coleman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (23) NAYS: None. A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). Y APPROVE THE FOREGOING RESECIRON STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 4, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the sealiS the-eottnty of Oakland at - Pontiac, Michigan this 4th day of March, 2004. G. William Caddell, County Clerk