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A
SSOCIATED
N
EWSPAPERS OF
M
ICHIGAN
P
AGE
2
July 18, 2013
Charter Township of Canton Board Proceedings-July 9, 2013
A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, July 9, 2013 at 1150 Canton Center S.,
Canton, Michigan. Supervisor LaJoy called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance to the Flag.
Roll Call
Members Present: Anthony, Bennett, LaJoy, McLaughlin, Williams, Yack Members Absent: Sneideman Staff Present: Director Bilbrey-
Honsowetz, Director Trumbull, Director Faas, Director Mutchler, Kristen Thomas, Carolyn Cox, Sarah Clay, Mike Kennedy
Adoption
of Agenda
Motion by Bennett, supported by Anthony to approve the agenda as presented. Motion carried by all members
present.A
pproval of Minutes
Motion by Bennett, supported by Anthony to approve the Board Minutes of June 11, 2013 as presented.
Motion carried by all members present. Motion by Bennett, supported by McLaughlin to approve the Board Minutes of June 18, 2013 as
presented. Motion carried by all members present.
Citizen’s Non-Agenda Item Comments:
George Miller, 1946 Briarfield, had ques-
tions regarding Board meeting cancelled during elections and other municipalities paying a fee to use the gun range and fees used for clean
up.
Payment of Bills
Motion by McLaughlin, supported by Williams to approve payment of the bills as presented. Motion carried by all
members present.
PUBLIC HEARING: Item 1. CONSIDER INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FROM
MAPCO MANUFACTURING. (SUPERVISOR)
Motion by Bennett, supported by McLaughlin to open the public hearing at 7:01 p.m.
for the purpose of discussion for a PA 198 Tax Abatement for an Industrial Facilities Exemption Certificate for Personal Property for
Mapco Manufacturing. Motion carried by all members present. There were no public comments. Motion by Bennett, supported by
McLaughlin to close the public hearing at 7:10 p.m. for the purpose of discussion for a PA 198 Tax Abatement for an Industrial Facilities
Exemption Certificate for Personal Property for Mapco Manufacturing. Motion carried by all members present. Motion by Bennett, sup-
ported by McLaughlin to adopt the resolution to approve the application of Mapco Manufacturing for a PA 198 Tax Abatement for an
Industrial Facilities Exemption Certificate. Motion carried by all members present.
CONSENT CALENDAR: Item 1. CONSIDER RE-
APPOINTMENT TO THE ZONING BOARD OFAPPEALS. (MSD)
Motion by Bennett, supported by McLaughlin to re-appoint Mr.
James Cisek and Ms. Vicki Welty to the Zoning Board of Appeals, term to expire August 31, 2016. Motion carried by all members pres-
ent.
Item 2. APPROVAL OF APPLICATION FOR ONE DAY SPECIAL LIQUOR LICENSE. (CLS)
Motion by Bennett, support-
ed by McLaughlin to authorize the sale and consumption of alcohol at The Canton Historical Society’s “Brew, Brats & Bands at the Barn”
fundraiser on Saturday, September 21, 2013; and furthermore; I move that the following resolution be adopted: That the Charter Township
of Canton, through its duly elected officers, make application to the MLCC for a Special License for the sale of alcohol for consumption
on the premises to be in effect on Saturday, September 21, 2013 at the Cady-Boyer Barn in Preservation Park located at 500 N. Ridge
Road in Canton, Michigan, County of Wayne and that the Township Clerk be authorized to sign and submit this application. Motion car-
ried by all members present.
Item 3. CONSIDER APPROVAL OF RECREATION PROGRAM PLAN. (CLS)
Motion by Bennett,
supported by McLaughlin to approve the Recreation Program Plan as presented. Motion carried by all members present.
GENERAL
CALENDAR: Item 1. FIRST READING OFANAMENDMENT TO CHAPTER 14, ANIMALS, ARTICLE IV, KENNELS, DIVI-
SION 2, LICENSE, AND ARTICLE IV, INDOOR PET BOARDING FACILITIES, TO AMEND THE REQUIREMENTS FOR
STALLS IN COMMERCIAL KENNELS AND INDOOR PET BOARDING FACILITIES. (SUPERVISOR)
Motion by Bennett,
supported by McLaughlin to introduce and hold the first reading of an amendment to the Township Code of Ordinances, Chapter 14,
Animals. Motion carried by all members present. Motion by Bennett, supported by McLaughlin move to table the proposed Amendment
to Chapter 14, and schedule the second reading for July 23, 2013. Motion carried by all members present.
STATE OF MICHIGAN,
COUNTY OFWAYNE, CHARTER TOWNSHIP OF CANTON, CHAPTER 14 ANIMALS AN ORDINANCE TOAMENDARTI-
CLE VI, KENNELS, DIVISION 2, LICENSE, AND ARTICLE VII, INDOOR PET BOARDING FACILITIES, OF CHAPTER 14
OF THE CANTON TOWNSHIP CODE OF ORDINANCES TO AMEND THE REQUIREMENTS FOR STALLS IN COM-
MERCIAL KENNELS AND INDOOR PET BOARDING FACILITIES THE CHARTER TOWNSHIP OF CANTON ORDAINS:
SEC. 1. ORDINANCE AMENDMENT ARTICLE VI. – KENNELS DIVISION 2. – LICENSE Sec. 14.192. – Standards for
issuance.
(a) – (b) [Unchanged.] (c)
Commercial kennels.
Commercial kennels shall be licensed if the following standards are met: (1) –
(7) [Unchanged.] (8)
Stall space.
Stall space for each small dog shall be not less than
sixteen (16) square feet, four feet long and four
feet
three feet by five feet by four feet high. Stall space for each medium to large dog shall be not less than
twenty (20) square feet,
five
four
feet by eight feet by six
five
feet high.
The stall space for each large dog shall not be less than thirty (30) square feet, five feet by
six feet high.
The stall space requirements listed in this subsection are for single dog runs. If two or more dogs use the same run, the size
of the stall spaces shall be adjusted to ensure each dog the minimum space required for each dog.
For purposes of this Article, small dogs
are considered to be 25 pounds or less; medium dogs are considered to be 26 to 50 pounds; and large dogs are considered to be 51
pounds or larger.
ARTICLE VII. –INDOOR PET BOARDING FACILITIES Sec. 14-220. – Animal Space.
Stall space for each ani-
mal
small dog
shall be not less than three
sixteen (16) square feet, four
by five feet
long
by four feet high. For animals larger than ten
pounds, the minimum stall space for each animal shall be not less than five feet by eight feet by six feet high.
Stall space for each medi-
um dog shall be not less than twenty (20) square feet, four feet by five feet high. The stall space for each large dog shall not be less
than thirty (30) square feet, five feet by six feet high. The stall space requirements listed in this subsection are for single dog runs.
If
two or more animals are stored in the same stall, the size of the stall spaces shall be adjusted to insure each animal the minimum space
required for each.
For purposes of this Article, small dogs are considered to be 25 pounds or less; medium dogs are considered to be
26 to 50 pounds; and large dogs are considered to be 51 pounds or larger.
SECTION 2. VIOLATION AND PENALTY
Any person
or entity that violates any provision of this Ordinance may, upon conviction, be fined not more than Five Hundred ($500.00) Dollars or
imprisoned not more than Ninety (90) days, or both, in the discretion of the court.
SECTION 3. SEVERABILITY
If any clause, sen-
tence, section, paragraph or part of this Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circum-
stances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not
affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is
severable, and that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this
ordinance.
SECTION 4. REPEAL OF CONFLICTING ORDINANCES
All Ordinance or parts of Ordinance is conflict herewith is
hereby repealed only to the extent necessary to give this Ordinance full force and effect.
SECTION 5. SAVINGS CLAUSE
All rights
and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for violations of law
occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.
SECTION 6. PUBLICATION
The
Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law.
SECTION 7. EFFEC-
TIVE DATE
This Ordinance, as amended, shall take full force and effect upon publication as required by law.
CERTIFICATION
The
foregoing Ordinance was duly adopted by the Township Board of Trustees of the Charter Township of Canton at its regular meeting called
and held on the __th day of __ 2013, and was ordered to be given publication in the manner required by law.
Item 2. CONSIDER
APPROVAL OF BOND AUTHORIZING RESOLUTION FOR $590,000 SPECIALASSESSMENT BONDS, SERIES 2013, FOR
LEXINGTON SQUARE SUBDIVISION. (MSD)
Motion by Bennett, supported by Williams to approve the attached Bond Authorizing
Resolution for $590,000 Special Assessment Bonds, Series 2013-A, for Lexington Square Subdivisions. Motion carried by all members
present. BOND RESOLUTION Special Assessment Bonds, Series 2013-A At a regular meeting of the Township Board of Charter
Township of Canton (the “Township”), Wayne County, Michigan, held on the 9th day of July, 2013. PRESENT: Anthony, Bennett, LaJoy,
McLaughlin Williams, Yack ABSENT: Sneideman The following resolution was offered by Clerk Bennett and seconded by Trustee
Williams: WHEREAS, pursuant to Act No. 188, Public Acts of Michigan, 1954, as amended, the necessary proceedings have been taken
for the acquisition and construction of road and related improvements in the Lexington Square Road Repair Special Assessment District
#2012-1 in the Township, and to defray the cost thereof special assessments have been made against lands in the Lexington Square Road
Repair Special Assessment District #2012-1; and WHEREAS, the Township Board previously confirmed the Special Assessment Roll for
Lexington Square Road Repair Special Assessment District #2012-1 in the aggregate amount of $592,500.80 and specified the dates on
which the installments of assessments would become due; and WHEREAS, the Township Board desires to issue the bonds of the Township
as hereinafter described to finance the improvements, which bonds shall be secured in the first instance by the special assessments against
the lands in the Lexington Square Road Repair Special Assessment District #2012-1; and WHEREAS, the special assessments made on
the Special Assessment Roll for Lexington Square Road Repair Special Assessment District #2012-1 and outstanding on the date hereof
have been divided into ten (10) approximately equal annual installments, the first installment being due February 14, 2014, and the sub-
sequent installments being due consecutively on February 14 in each of the years 2015 through 2023, in each case together with interest
on installments from time to time remaining unpaid at a rate not to exceed 1% above the average interest rate borne by bonds issued to
finance the improvements; THEREFORE, BE IT RESOLVED by the Township Board of the Charter Township of Canton, Wayne County,
Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the Township shall be issued in the aggregate principal
sum of Five Hundred Ninety Thousand Dollars ($590,000) in anticipation of the collection of an equal amount of installments of assess-
ments against lands in the Lexington Square Road Repair Special Assessment District #2012-1 to defray the cost of the acquisition and
construction of improvements in such district. 2. BOND DETAILS. The bonds shall be designated “Special Assessment Bonds, Series
2013-A”; shall be dated the date of their delivery; shall be numbered consecutively from 1 upwards; shall be fully registered; shall be in
the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the
option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 5% per annum to be determined upon the sale thereof
payable on April 1, 2014, and semiannually thereafter on the first day of April and October in each year; and shall mature on April 1 in
each year as follows:
Year Principal Amount Year Principal Amount
2014
$40,000
2019
$60,000
2015
55,000
2020 60,000
2016
60,000
2021
65,000
2017
60,000
2022 65,000
2018
60,000
2023 65,000
If requested by the original purchaser of the bonds and determined by the Director of Finance and Budget, the bonds may be issued in the
form of a single bond with an exhibit containing the principal maturity amounts and applicable interest rates and due dates. 3. METHOD
OF SALE. The bonds shall be sold pursuant to a negotiated sale as provided in this resolution. The Director of Finance and Budget shall
request proposals for the purchase of the bonds from financial institutions to be determined after consultation with Bendzinski & Co.,
Municipal Finance Advisors, the Township’s registered municipal advisor for the bonds. After the receipt of bids, the Director of Finance
and Budget, if determined that it is in the best interest of the Township to do so, shall enter an order awarding the bonds to the bidder
whose bid produces the lowest true interest cost. It is hereby determined that this method of sale is in the best interests of the Township
and is calculated to provide the Township with flexibility in the timing of the sale of the bonds and the lowest costs of borrowing money
through the issuance of the bonds. 4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be
payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond regis-
trar and paying agent as they severally mature; provided, however, if the bonds are issued in the form of a single bond, only the final prin-
cipal payment shall be payable upon presentation and surrender of the bond to the bond registrar and paying agent and all other principal
installments shall be paid to the registered owner of the bond as shown on the registration books. Interest shall be paid to the registered
owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month
in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and
paying agent to the registered owner at the registered address. 5. BOOK-ENTRY SYSTEM. If requested by the original purchaser of the
bonds and determined by the Director of Finance and Budget to be in the best interest of the Township, initially, one fully-registered bond
for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository
Trust Company (“DTC”) for the benefit of other parties (the “Participants”) in the book-entry-only transfer system of DTC. In the event
the Township determines that it is in the best interest of the Township not to continue the book-entry system of transfer or that the inter-
ests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the Township may notify
DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond cer-
tificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and
any Participant or “beneficial owner” in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue pro-
viding its services with respect to the bonds at any time by giving notice to the Township and the bond registrar and paying agent and dis-
charging its responsibilities with respect thereto under applicable law or the Township may determine that DTC is incapable of discharg-
ing its duties and may so advise DTC. In either such event, the Township shall use reasonable efforts to locate another securities deposi-
tory. Under such circumstances (if there is no successor securities depository), the Township and the bond registrar and paying agent shall
be obligated to deliver bond certificates in accordance with the procedures established by this resolution. In the event bond certificates are
issued, the provisions of this resolution shall apply to, among other things, the transfer and exchange of such certificates and the method
of payment of principal of and interest on such certificates Whenever DTC requests the Township and the bond registrar and paying agent
to do so, the Township and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable
notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC
account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other
provision of this resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments
with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall
be made and given, respectively, to DTC. The Director of Finance and Budget or the Treasurer is authorized to sign the Blanket Issuer
Letter of Representations on behalf of the Township, in such form as such officer deems necessary or appropriate in order to accomplish
the issuance of the bonds in accordance with law and this Resolution. 6. PRIOR REDEMPTION. The bonds are not be subject to redemp-
tion prior to maturity. 7. BOND REGISTRAR AND PAYINGAGENT. The Director of Finance and Budget shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds, which shall be a bank or trust company located in the State of
Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Director
of Finance and Budget may from time to time as required designate a similarly qualified successor bond registrar and paying agent.
Alternatively, the Treasurer may serve as bond registrar and paying agent for the bonds if the Director of Finance and Budget determines
it is in the best interest of the Township. 8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be exe-
cuted in the name of the Township by the manual or facsimile signatures of the Supervisor and Township Clerk and authenticated by the
manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the Township (or a facsimile there-
of) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original pur-
chaser thereof, they shall be delivered by the Director of Finance and Budget or the Treasurer to the purchaser upon receipt of the pur-
chase price. Additional bonds bearing the manual or facsimile signatures of the Supervisor and Clerk and upon which the seal of the
Township (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and
delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date
of its authentication. 9. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying
agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his
duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denomina-
tions of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond
shall be transferable only upon the books of the Township, which shall be kept for that purpose by the bond registrar and paying agent,
upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly exe-
cuted by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying
agent on behalf of the Township shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds
of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the sur-
rendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment
of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: “Payment of
interest on this bond is in default. The last date to which interest has been paid is __________, ____.” The Township and the bond regis-
trar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the Township as the
absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and
interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance
with the provisions of section 4 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the
extent of the sum or sums so paid, and neither the Township nor the bond registrar and paying agent shall be affected by any notice to the
contrary. The Township agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost,
charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered
owner. For every exchange or transfer of bonds, the Township or the bond registrar and paying agent may make a charge sufficient to reim-
burse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such
exchange or transfer. 10. FORM OF BONDS. The bonds shall be in substantially the following form:
[FORM OF BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CHARTER TOWNSHIP OF CANTON
SPECIAL ASSESSMENT BOND, SERIES 2013-A
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner:
Principal Amount:
The Charter Township of Canton, County of Wayne, State of Michigan (the “Township”), acknowledges itself indebted to, and for value
received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above,
on the Maturity Date specified above, upon presentation and surrender of this bond at the corporate trust office of
________________________, _________, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying
agent as may be designated pursuant to the Resolution (as hereafter defined), and to pay to the Registered Owner as shown on the regis-
tration books as of the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due,
by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered
Owner at the registered address, interest on such Principal Amount until the Township’s obligation with respect to the payment of such
Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first day of April and October in each
year, commencing on April 1, 2014. Principal and interest are payable in lawful money of the United States of America. Interest shall be
computed on the basis of a 360-day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of
Five Hundred Ninety Thousand Dollars ($590,000) issued by the Township under and pursuant to and in full conformity with the
Constitution and Statutes of Michigan (especially Act No. 188, Public Acts of 1954, as amended) and a bond authorizing resolution adopt-
ed by the Township Board of the Township (the “Resolution”) for the purpose of defraying part of the cost of acquiring and constructing
road and related improvements in the Lexington Square Road Repair Special Assessment District #2012-1 in the Township. The bonds of
said series of bonds are issued in anticipation of the collection of an equal amount of special assessments assessed against certain lands in
the Lexington Square Road Repair Special Assessment District #2012-1 as assessed on the correspondingly designated special assessment
roll. The full faith and credit of the Township are hereby pledged for the payment of the principal of and interest on this bond as the same
become due. If receipts from the special assessments in anticipation of which the bonds of this series are issued shall not be sufficient to
pay the principal of and interest on said bonds, when due, moneys shall be advanced from the general fund of the Township to pay such
principal and interest. The Township’s ability to raise such moneys is subject to applicable constitutional, statutory and charter tax limita-
tions on the taxing power of the Township. This bond is transferable, as provided in the Resolution, only upon the books of the Township
kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of trans-
fer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing.
Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount
and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the
Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination
of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. This bond is not subject to
redemption prior to maturity. 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 law, and that the total indebtedness of the Township, including the series of bonds of which this bond is
one, does not exceed any constitutional, statutory or charter tax limitation. IN WITNESS WHEREOF, the Charter Township of Canton,
County of Wayne, State of Michigan, by its Township Board, has caused this bond to be executed in its name by manual or
facsimile signatures of the Supervisor and the Township Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted
hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative
of the bond registrar and paying agent.
CHARTER TOWNSHIP OF CANTON
(SEAL)
By:
__________________________________
Supervisor
And:
__________________________________
Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described herein.
______________________________________
Bond Registrar and Paying Agent
By:
Authorized Signer
AUTHENTICATION DATE:
ASSIGNMENT
The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though they were written out in
full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACT - ____________ Custodian
____________(Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Gifts to Minors Act
____________________________(State) JT TEN - as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list. For value received, the undersigned hereby sells, assigns and trans-
fers unto ______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does
hereby irrevocably constitute and appoint _________________________ attorney to transfer the within bond on the books kept for reg-
istration thereof, with full power of substitution in the premises.
Dated: _______________
NOTICE: Signature(s) to this assignment must correspond with the names as it appears upon the face of the within bond in every partic-
ular, without alteration or enlargement or any change whatever. When assignment is made by a guardian, trustee, executor or administra-
tor, an officer of a corporation, or anyone in a representative capacity, proof of authority to act must accompany this assignment.
Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer
Association recognized signature guaranty program. The bond registrar and paying agent will not transfer this bond unless the informa-
tion concerning the transferee requested below is provided.
Name and Address: ___________________
PLEASE INSERT SOCIAL SECURITY
NUMBER OR OTHER IDENTIFYING ___________________________________
NUMBER OF TRANSFEREE.
_______________________________ ___________________________________
(Include information for all joint owners if the bond is held by joint account)
_______________________________
(Insert number for first named transferee if held by joint account)
(END OF BOND FORM)
11. SECURITY. The principal of and interest on the bonds shall be payable primarily out of the collections of the special assessments in
anticipation of which they are issued but the full faith and credit of the Township are pledged to the payment of such principal and inter-
est. If the receipts from the special assessments in anticipation of which the bonds are issued shall not be sufficient to pay such principal
and interest as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the
Township. The Township’s ability to raise such funds is subject to applicable constitutional, statutory and charter tax limitations on the
taxing power of the Township. 12. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the princi-
pal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without
reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the prin-
cipal of, premium, if any, and interest on the bonds, shall have been deposited in trust, this resolution shall be defeased and the owners of
the bonds shall have no further rights under this resolution except to receive payment of the principal of, premium, if any, and interest on
the bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided
herein. 13. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the improvements for which
said bonds are to be issued is hereby determined to be 10 years and upwards and the estimated cost thereof in the amount of $592,500.80
is hereby approved and adopted. 14. PRINCIPAL AND INTEREST FUND. There shall be established for the said bonds a Principal and
Interest Fund that shall be kept in a separate bank account; provided, however, that such fund may be pooled or combined for deposit or
investment purposes only with other Township debt retirement funds created for special assessment debt. From the proceeds of the sale
of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of
the bonds at the time of delivery. All collections (including principal, interest and penalties) on the special assessments in anticipation of
the collection of which the bonds are issued shall be placed in the Principal and Interest Fund and so long as the principal of or interest
on any of the bonds shall remain unpaid, no moneys shall be withdrawn from such fund except to pay such principal and interest. 15.
CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds, together with an amount determined by the Director
of Finance and Budget from the collection of installments of the assessments on the Special Assessment Roll for Lexington Square Road
Repair Special Assessment District #2012-1, shall be set aside in a construction fund and used to acquire and construct the improvements
heretofore described including any engineering, legal and other expenses incidental thereto. Any unexpended proceeds of the sale of the
bonds remaining after completion of the construction of the improvements shall be deposited in the Principal and Interest Fund. 16.
REPLACEMENT OF BONDS. Upon receipt by the Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that
the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is
satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace
the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is
lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the bond without
presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying
agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses,
including counsel fees, which may be incurred by the bond registrar and paying agent and the Township in the premises. Any bond deliv-
ered pursuant the provisions of this section 16 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form
and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 17. SALE, ISSUANCE,
DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The Director of Finance and Budget is authorized to determine the date for
the sale of the bonds and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of bonds in accordance
with this resolution. The Supervisor, the Treasurer, the Clerk, the Director of Finance and Budget and all other officials of the Township
are also authorized to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of bonds in accordance
with this resolution. 18. QUALIFIED TAX-EXEMPT OBLIGATIONS. The bonds are designated as “Qualified Tax-Exempt Obligations”
as described in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the “Code”). 19. TAX COVENANT. The
Township covenants to comply with all requirements of the Code necessary to assure that the interest on the bonds will be and will remain
excludable from gross income for federal income tax purposes. 20. REDUCTION OF PRINCIPAL AMOUNT OF BONDS. In the event
that the Director of Finance and Budget determines that it is not necessary for the Township to issue bonds in the aggregate principal
amount set forth in section 1 of this resolution, the Director of Finance and Budget is authorized to reduce such amount by executing a
written order that sets forth the new aggregate principal amount of the bonds and designates new principal maturity amounts in lieu of the
principal maturity amounts set forth in section 2 hereof. In such case, the form of the bonds set forth in this resolution shall be modified
accordingly. 21. PROFESSIONAL SERVICES. Dickinson Wright PLLC is hereby appointed to act as bond counsel and Bendzinski &
Co., Municipal Finance Advisors is hereby appointed to act as registered municipal advisor with respect to the bonds. 22. CONFLICT-
ING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.
YEAS:
Anthony, Bennett, LaJoy, McLaughlin, Williams, Yack
NAYS:
None
ABSTENTIONS:
None
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
)ss
COUNTY OF WAYNE )
I, the undersigned, the Township Clerk of the Charter Township of Canton, do hereby certify that the foregoing is a true and complete
copy of a resolution duly adopted by the Township Board of said Township at a regular meeting held on the 9th day of July, 2013, the
original of which resolution is on file in my office. I further certify that notice of said meeting was given in accordance with the provi-
sions of the open meetings act, MCL 15.261 et. seq. Terry G. Bennett, Clerk Charter Township of Canton
Item 3. CONSIDER
APPROVAL OF BOND AUTHORIZING RESOLUTION FOR $845,000 SPECIALASSESSMENT BONDS, SERIES 2013, FOR
WETHERSFIELD CONDOMINIUMS ROAD REPAIR. (MSD)
Motion by Bennett, supported by Anthony to approve the attached
Bond Authorizing Resolution for $845,000 Special Assessment Bonds, Series 2013-B (Taxable Obligations), for Wethersfield
Condominiums. Motion carried by all members present.
BOND RESOLUTION
Special Assessment Bonds, Series 2013-B, (Taxable Obligations)
At a regular meeting of the Township Board of Charter Township of Canton (the “Township”), Wayne County, Michigan, held on the 9th
day of July, 2013.
PRESENT:
Anthony, Bennett, LaJoy, McLaughlin, Williams, Yack
ABSENT:
Sneideman
The following resolution was offered by Clerk Bennett and seconded by Trustee Anthony: WHEREAS, pursuant to Act No. 188, Public
Acts of Michigan, 1954, as amended, the necessary proceedings have been taken for the acquisition and construction of private road and
related improvements in the Wethersfield Condominiums Special Assessment District #2012-2 in the Township, and to defray the cost
thereof special assessments have been made against lands in the Wethersfield Condominiums Special Assessment District #2012-2; and
WHEREAS, the Township Board previously confirmed the Special Assessment Roll for Wethersfield Condominiums Special Assessment
District #2012-2 in the aggregate amount of $846,473.82 and specified the dates on which the installments of assessments would become
due; and WHEREAS, the Township Board desires to issue the bonds of the Township as hereinafter described to finance the improve-
ments, which bonds shall be secured in the first instance by the special assessments against the lands in the Wethersfield Condominiums
Special Assessment District #2012-2 and shall be additionally secured by a full faith and credit pledge of the Township; and WHEREAS,
the special assessments made on the Special Assessment Roll for Wethersfield Condominiums Special Assessment District #2012-2 and
outstanding on the date hereof have been divided into ten (10) approximately equal annual installments, the first installment being due
February 14, 2014, and the subsequent installments being due consecutively on February 14 in each of the years 2015 through 2023, in
each case together with interest on installments from time to time remaining unpaid at a rate not to exceed 1% above the average interest
rate borne by bonds issued to finance the improvements; and WHEREAS, the improvements will provide benefit and value to the
Township and its residents as evidenced by (i) increased accessibility for the public throughout the special assessment district, inasmuch
as the roads therein are open to the public; (ii) increased access for public safety services such as police protection, fire protection and
other emergency services; (iii) use of the roads in the special assessment district from time to time as an alternate route during construc-
tion on Haggerty Road or Palmer Road; (iv) increased access for water supply system and storm drainage maintenance and repairs by
Township staff using Township easements in the special assessment district; and (v) increased property values/halting of deteriorating
property values in the special assessment district. HEREFORE, BE IT RESOLVED by the Township Board of the Charter Township of
Canton, Wayne County, Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the Township shall be issued
in the aggregate principal sum of Eight Hundred Forty-Five Thousand Dollars ($845,000) in anticipation of the collection of an equal
amount of installments of assessments against lands in the Wethersfield Condominiums Special Assessment District #2012-2 to defray the
cost of the acquisition and construction of improvements in such district. It is hereby determined that there is sufficient public benefit and
value to the Township and its residents as described in the preamble hereto for the pledge of the full faith and credit of the Township as
additional security for the payment of principal of and interest on the bonds as hereinafter described. 2. BOND DETAILS. The bonds shall
be designated “Special Assessment Bonds, Series 2013-B (Taxable Obligations)”; shall be dated the date of their delivery; shall be num-
bered consecutively from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple there-
of not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or
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