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2001 - Saginaw County

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Board of Commissioners August 14, <strong>2001</strong><br />

the maximum principal amount of bonds to be used, as provided in<br />

Sections 8 and 9 of this contract, to be increased to an amount<br />

which will provide sufficient funds to meet said increased cost<br />

and a similar increase in the installment obligations of the LOCAL<br />

UNIT pledged under the terms of this contract to the payment of<br />

such bonds.<br />

6. The Project shall be acquired by the COUNTY in accordance<br />

with the plans and specifications therefor approved by this<br />

contract; provided, however, that variations from said plans and<br />

specifications may be made without the approval of the LOCAL UNIT<br />

if such variation shall not materially affect such plans and<br />

specifications. All matters relating to engineering plans and<br />

specifications, together with the making and letting of final<br />

contracts for acquisition of the Project, the approval of work and<br />

materials thereunder, and construction supervision, shall be in<br />

the exclusive control of the Commissioner. Any acquisition of<br />

rights-of-way shall be done by the LOCAL UNIT, title to be in the<br />

LOCAL UNIT’s name, and the cost of such acquisition shall be paid<br />

from the proceeds of sale of the bonds.<br />

7. While the bonds remain outstanding, the COUNTY shall be the<br />

owner of the Project, and all existing arrangements between the<br />

COUNTY and the LOCAL UNIT for the operation, maintenance and<br />

administration of the System shall remain in force and shall<br />

govern the relationship of the parties with respect to the Project<br />

and the System.<br />

8. To provide for the construction and financing of the Project<br />

in accordance with the provisions the Act, the Commissioner shall<br />

take the following steps:<br />

(a) The Commissioner will submit to the Board of<br />

Commissioners of the COUNTY a resolution providing for the<br />

issuance of bonds in the aggregate principal amount of not to<br />

exceed One Million Seven Hundred Twenty-Five Thousand Dollars<br />

($1,725,000), except as authorized pursuant to Section 5 of this<br />

contract, to finance costs of the Project. Said bonds shall be<br />

payable as serial bonds, as authorized by law, and shall be<br />

secured primarily by the contractual obligations of the LOCAL UNIT<br />

to pay the annual installments due, plus interest, as hereinafter<br />

provided in this contract, and secondarily, if approved by a<br />

three-fifths (3/5) majority of the members of the Board of<br />

Commissioners, by the full faith and credit of the COUNTY. After<br />

due adoption of the resolution, the Commissioner will take all<br />

steps necessary to effectuate the sale and delivery of the bonds.<br />

(b) The Commissioner shall take all steps necessary to enter<br />

into and execute final construction contracts for the acquisition<br />

and construction of the Project as specified and approved in this<br />

contract, in accordance with the plans and specifications therefor<br />

as approved by this contract. Said contract shall specify a<br />

completion date agreeable to the LOCAL UNIT.<br />

(c) The Commissioner will require and procure from the<br />

contractor or contractors undertaking the actual construction and<br />

338

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