HomeMy WebLinkAboutResolutions - 2012.05.17 - 20234Miscellaneous Resolution #12140 May 17, 2012
BY: PLANNING & BUILDING COMMITTEE, DAVID W. POTTS, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION TO ESTABLISH CITY OF
PONTIAC WATER SUPPLY SYSTEM AND AUTHORIZE CITY OF PONTIAC WATER
SUPPLY SYSTEM CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the City of Pontiac (the "City") is in urgent need of water supply system improvements
and facilities constituting a part of the system as described in the proposed form of the contract hereinafter
mentioned, in order to promote the health and welfare of the residents thereof, which water supply
improvements, facilities and system also would benefit the County and its residents, and the parties to
said proposed contract have concluded that such improvements and facilities can be provided and
financed most economically and efficiently by the County through the exercise of the powers conferred by
Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and
WHEREAS, by the terms of Act 342, the County and the City are authorized to enter into a
contract for the acquisition by the County of the water supply system improvements and facilities to serve
the City; and
WHEREAS, the improvements and facilities are subject to certain debt obligations related thereto,
and the County will assume such obligations as part of its acquisition of the improvements and facilities by
covenanting to the holders of such obligations to make payments thereon in the event that amounts paid
by the City are insufficient for such purpose; and
WHEREAS, there has been submitted to this Board of Commissioners a proposed contract
between the County, by and through the County Water Resources Commissioner, County Agency, party
of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the
acquisition by the County of the water supply system improvements and facilities and which Contract is
hereinafter set forth in full; and
WHEREAS, there have also been submitted for approval and adoption by this Board of
Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the
water supply system improvements and facilities; and
WHEREAS, this Board of Commissioners desires to establish the water supply system and to
proceed with the acquisition of the water supply system improvements and facilities and the approval and
execution of the Contract to acquire the water supply system improvements and facilities as provided in
the Contract.
THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan,
as follows:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act
342, the establishment of the City of Pontiac Water Supply System (the "System"), which shall consist of
(i) water supply system improvements and facilities, as specified and to be located as shown in Exhibit A
to the Contract (the "Project") and (ii) the services provided thereby; that the Project and the System shall
serve the City; that the Oakland County Water Resources Commissioner is hereby designated and
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Nuccio absent.
MOTION FOR DIRECT REFERRAL TO FI.NANCE:
Motion carried on a voice vote.
appointed as the "County Agency" for the Project and the System; that the County Agency shall have all
the powers and duties with respect to the Project and the System as are provided by law and especially by
Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System,
except as set forth in Section 3 hereof or otherwise authorized by this Board of Commissioners, shall be
payable solely from funds derived from the City as provided in the Contract.
2. PLANS AND SPECIFICATIONS—ESTIMATES OF PERIOD OF USEFULNESS. The
preliminary plans and specifications for the Project and services as contained in Exhibit A to the Contract
and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board
of Commissioners, are hereby approved and adopted. The estimate of $3,670,000 as the cost of the
Project, as evidenced by the outstanding debt on the improvements and facilities comprising the Project
set forth on Exhibit B to the Contract, is hereby approved and adopted.
3. COVENANT TO HOLDERS OF CITY BONDS. The County agrees in paragraph 9 of the
Contract to covenant to the holders of the City of Pontiac Water Supply System Revenue Bonds as
described in Exhibit B to the Contract (the "Water Revenue Bonds") to make semiannual payments of the
Water Revenue Bonds in the event amounts paid by the City are not sufficient to meet the City's
obligations thereon. The City remains obligated to repay the Water Revenue Bonds from the net
revenues of the Project. The County Agency is hereby authorized to take all action necessary to evidence
and effectuate the covenant to the holders of the Water Revenue Bonds as described in the Contract.
4. APPROVAL OF CONTRACT. The City of Pontiac Water Supply System Contract
between the County, by and through the County Water Resources Commissioner, party of the first part,
and the City, party of the second part, which Contract has been submitted to this Board of Commissioners,
is hereby approved and adopted, and the County Water Resources Commissioner is hereby authorized
and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as
may be deemed advisable. The Contract is attached to this resolution hereto as EXHIBIT "1".
5. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
EXHIBIT 1
CITY OF PONTIAC WATER SUPPLY SYSTEM CONTRACT
THIS CONTRACT, made and entered into as of the day of , 2012, by and
between the COUNTY OF OAKLAND, a county corporation in the State of Michigan
(hereinafter sometimes referred to as the "County"), by and through its Water Resources
Commissioner, County Agency, and the CITY OF PONTIAC, a home rule city located in the
County (hereinafter sometimes referred to as the "City"). In this contract, the County and the
City may also be referred to individually as a "Party" and jointly as "Parties."
WITNESSETH:
WHEREAS„ pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended
(hereinafter sometimes referred to as "Act 342"), the Board of Commissioners of the County, by
majority vote of its members-elect, has authorized and directed that there be established a county
system of water supply system improvements and services to serve the City, said system to be
known as the "City of Pontiac Water Supply System" (hereinafter sometimes referred to as the
"System"), and has designated the Oakland County Water Resources Commissioner as the
county agency for the System with all powers and duties with respect thereto as are provided by
Act 342 (said Water Resources Commissioner being hereinafter sometimes referred to as the
"County Agency"); and
WHEREAS, under and subject to the terms of Act 342, the County is authorized, through
the County Agency, to acquire the water supply system improvements and facilities hereinafter
described as constituting part of the System (the "Facilities"), and the County and the City are
authorized to enter into a contract, as hereinafter provided, for the accpisition or the CrC
the County, and
5. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar
as they may be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of
the foregoing resolution.
DAVID W. POTTS, CHAIRPERSON
PLANNING AND BUILDING COMMITTEE
Fil .00M FIELD 9007-393 I 189847v I
WHEREAS, there is an urgent need of such water supply system improvements to
provide water supply services to the City in order to promote the health and welfare of the
residents thereof, which facilities would likewise benefit the County and its residents, and the
parties hereto have concluded that such facilities can be provided most economically and
efficiently by the County through the exercise of the powers conferred by Act 342, and
especially section 5 thereof; and
WHEREAS, plans, maps and specifications for the Facilities have been obtained by the
County Agency, all of which have been submitted to and approved by the Board of
Commissioners of the County and the Emergency Manager of the City in the place and stead of
the governing body of the City and placed on file with said Board of Commissioners in the office
of the County Agency, and all of which are attached hereto as Exhibit A and made a part hereof;
and
WHEREAS, the Facilities are subject to certain debt obligations related thereto, as
evidenced by the obligations of the City described in Exhibit B attached hereto and made a part
hereof (the "Obligations)", and the parties intend that the County will assume the Obligations as
part of its acquisition of the Facilities; and
WHEREAS, in order to provide for the acquisition of the Facilities by the County and for
other related matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS
OF 'EACH. OTHER, THE PARTIES HERETO AGREE as follows:
The parties hereto approve and agree to the acquisition of the Facilities as part of
the System, as herein provided, under and pursuant to Act 342 and approve the designation of
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"City of Pontiac Water Supply System Facilities" as the name of the Facilities. The City by way
of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees
to the establishment and location of the Facilities within its corporate boundaries and to the use
by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the
purposes and improvements of the Facilities and any improvements, enlargements or extensions
thereof, and the City further agrees that, in order to evidence and effectuate the foregoing
agreement and consent, it will execute and deliver to the County such grants of easements,
rights-of-way, licenses, permits or consents as may be requested by the County at the City's
expense. In the event that the City does not possess all necessary, permanent, perpetual and
transferable property rights of the Facilities, the County Agency may obtain by purchase,
condemnation or otherwise such easements, rights of way, licenses or other agreements on terms
reasonably acceptable to the County and in any case .sufficient to entitle the County to use and
operate the Facilities in the same manner as used and operated by the City. The County shall use
good faith efforts to minimize the cost of obtaining such easements, rights of way, licenses or
other agreements. The City, at its sole cost and expense, shall cooperate in taking all actions
requested by the County to assist the County in obtaining such easements and other interests in
property. Within 60 days of demand, as may be made from time to time by the County, the City
shall reimburse the County in an amount equal to any and all costs incurred by the County to
obtain such easements and other interests in property including, but not limited to, costs of
acquisition or condemnation awards (including the condemnation defendant's attorneys fees and
costs) and all legal, expert and professional fees and costs incurred by the County and any Losses
(as defined in paragraph 8 of this contract) actually incurred by the County arising out of Claims
(as defined in paragraph 8 of this contract) asserted against the County by third parties based on
the failure to have an easement, right of Way, license or other agreement for real property
necessary for the use and operation of the Facilities„ These reimbursable costs .inckide ali costs
incurred by the County to ascertain the location of any improvements constituting any part of the
Facilities. Further, within 60 days of demand, as may be made from time to time by the County,
the City shall reimburse the County for all Losses actually incurred by the County arising out of
Claims asserted against the County arising out of any obligation occurring under any easement,
right of way, license or other agreement for real property necessary for the use and operation of
the Facilities.
2. The Facilities shall consist of the water supply system improvements as described
and specified in the plans, maps and specifications set forth in Exhibit A, which plans, maps and
specifications are on file with the County Agency and are approved and adopted. The City
hereby conveys the Facilities to the County. The City agrees to execute and deliver such
documents and to take such other action as requested by the County Agency to evidence the
conveyance of the Facilities. In addition, the City agrees to transfer to the County Agency, and
the County Agency agrees to retain and use on behalf of the Facilities, any and all reserve funds
for the System previously collected and maintained by the City on behalf of the System. The
reserve fund for the Facilities is estimated to be S5,100,000. While the Obligations or any
subsequent debt incurred with respect to the System remains outstanding, the County shall be the
owner of the Facilities. At such time as all Obligations and any such subsequent debt are paid in
full and this contract is terminated, ownership of the Facilities shall revert to the City as provided
in paragraph 13 of this contract. The County shall be responsible for the operation, maintenance
and administration of the Facilities as part of the System and may contract with the current
operator of the Facilities or such other entity or entities as determined by the County Agency for
such purposes. The scope of services for the operation, maintenance and administration of the
Facilities as part of the System are set forth in Exhibit C attached hereto and made a part hereof.
3, The City shall pay to the County the entire- cost of the Facilities as hereinafter
described in rash on the date or dates as specified by the County Ageney. The City hereby
acknowledges that, other than in connection with its assumption of the Obligations, no County
general funds shall be appropriated or pledged pursuant to this contract or for the Facilities. The
County's role in the Facilities is strictly limited to that set forth in Act 342, and the City shall be
solely responsible for all administration and acquisition costs (including attorney fees and all
dispute resolution costs), all costs of operation and maintenance of the Facilities, all amounts
necessary for the County to make timely payment of the debt service due on the Obligations, all
costs and expenses relating to lawsuits as described in paragraph 10 hereof, and all items of costs
described in paragraph 5 hereof. The City understands and agrees that if there is any amount due
and owing to the County under this Contract, which is still unpaid at the time the County
distributes funds to the City from the Delinquent Tax Revolving Fund (DTRF), the County shall
be entitled to reduce, set-off, and permanently retain any amount due to the City from Delinquent
Tax Revolving Fund (DTRF) by any such amount then still due and owing the County pursuant
to this Contract.
4. Pursuant to section 5 of Act 342, the City may raise the amounts required to be
paid to the County under this contract from rates, charges, or assessments from the users and
beneficiaries of the Facilities and services within the City, or by levy upon the taxable property
of the City. So long as the City timely makes all payments to the County required by this
contract, the City may establish, with the consent of the County Agency, the rates, charges and
assessments for the services provided by the System. The City acknowledges, however, that the
County Agency shall have all rights provided by Act 342, particularly sections 3, 4 and 5, to
establish such rates, charges and assessments and to enforce the collection thereof.
5. The County Agency is hereby authorized, but not required, to utilize County
personnel for the administration of the Facilities, The City agrees that the Costs (as hereinafter
defined) of, and Overhead (as hereinafter defined) for, contract administration, anditins. and
financial services shall be part of the cost of the Facilities for purposes of paragraph 3 hereof„
whether such services are provided by County personnel or third parties. "Costs" shall -be
defined in this paragraph to include but not be limited to the cost of labor, including statutory and
customary fringe benefits, overtime, Pontiac retiree medical, optical and hearing insurance,
Pontiac retiree life insurance, water supply (from the City of Detroit), material and supplies,
power and utility services, vehicle/equipment rental and subcontractor services devoted
specifically to the Facilities, and any other costs that may be deemed appropriate. "Overhead"
shall be defined in this paragraph to include but not be limited to the following: all allocation of
the labor cost, including statutory and customary fringe benefits, of personnel responsible for
administering this contract or supervising the work performed in connection with this contract;
an allocation of expenses of the County Agency; and an allocation of the indirect cost of the
County charged to the County Agency for support services, such as (but not limited to) legal,
personnel, accounting, computer support, and insurance/risk management. The Parties
acknowledge that the City currently has a contract with the City of Detroit for the purchase arid
transportation of water to serve the City.
6. It is understood and agreed by the parties hereto that the Facilities are to serve the
City and not the individual property owners and users thereof, unless by special arrangement
between the County Agency and the City. The responsibility of providing additional facilities as
may be needed for the use of the City shall be that of the City, which shall cause to be
constructed and maintained, directly or through the County, any such necessary additional
facilities. The County shall not be obligated to acquire or construct any facilities other than
those designated in paragraph 2 hereof.
7. The County shall have no obligation or responsibility for providing facilities
except as herein expressly provided with respect to the acquisition of the Facilities or as
otherwise provided by contract. The City shall have the authority and the responsibility to
provide such other facilities and shall have the right to expand the facilities of the System by
constructing or extending water main or related facilities, connecting the same to the System, and
otherwise improving the System. It is expressly agreed, nevertheless, that no such connection
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shall be made to the System and no improvements, enlargements or extensions thereof shall be
made without first securing a permit therefor from the County. Any such permit may be made
conditional upon inspection and approval of new construction by the County.
8. To the fullest extent permitted by law, the City shall indemnify and hold harmless
the County and the County Agency, and agents and employees of each of them, from and against.
Claims, Losses or Liability (as hereinafter defined .) arising out of or resulting from the Facilities,
excluding, however, any Claims resulting from the County's or the County Agency's sole
negligence. "Claims" as used in this contract shall be defined to include any and all alleged
Losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, Liability, penalties, fines, litigation costs and expenses, including, but
not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs,
investigation and/or litigation expenses, any amounts paid in settlement, and/or any other
amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against the County and/or the County Agency by the City or its agents, or any third
party or any Claim(s) for which the County and/or the County Agency may become legally
and/or contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged violation
of the constitution (federal or state), any permit, any statute, rule, regulation or the common law,
whether in law or contract "Loss" or "Losses" as used in this Contract means any damages
(excluding consequential), deficiencies, dues, principal, interest, penalties, fines, costs, amounts
paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, and fees, including court
costs and reasonable attorneys fees and expenses related to or arising out of the condition,
operation, maintenance and repair of the Facilities or out of the breach of any representation,
warranty or covenant of this Contract, "Liability" as used in this Contract means any
responsibility, liability, obligation, expense, Claim, Loss, damage, indebtedness (other than
Obligations set forth in Exhibit B), principal, interest, penalty, guaranty or endorsement of or by
any Person, asserted, absolute or contingent, known or unknown, accrued or unaccrued, due or to
become due, liquidated or unliquidated, which is related to or arising out of the ownership
condition, operation, maintenance and repair of the Facilities.
9. The City has issued the City of Pontiac Water Supply System Revenue Bonds as
described in Exhibit B attached hereto (the "Water Revenue Bonds"). The City is obligated to
repay the Water Revenue Bonds from the net revenues of the Facilities. The City shall remain
obligated to the County to establish rates and charges to its water system customers to permit the
County to generate sufficient net revenues from the Facilities to make all payments due on the
Water Revenue Bonds. The County agrees to covenant to the holders of the Water Revenue
Bonds to make semiannual payments to the holders of such debt in the event amounts paid by the
City are not sufficient to meet such payments. The City understands and agrees that if there is
any amount due and owing to the County (or assignees) under this Agreement, which is still
unpaid at the time the County distributes funds to the City from the Delinquent Tax Revolving
Fund of Oakland County ("DTRF"), the County (or assignees) shall be entitled to reduce, set-off,
and permanently retain any amount due to the City from the DTRF by any such amount then still
due and owing the County pursuant to this contract.
10. The parties hereto agree that the costs and expenses of any lawsuits arising
directly or indirectly out of this contract or relating to the Facilities, to the extent that such costs
and expenses are chargeable against the County or the County Agency, shall be deemed to
constitute a part of the cost of the Facilities and shall be paid by the City in the same manner as
herein provided with respect to other costs of the Facilities. In the event of such litigation, the
County Agency shall consult with the City and shall retain legal counsel agreeable to the County
and the City lo represent the County; provided that if the County and the City cannot agree as to
such representation within a. reasonable time, the County Agency shall exercise its discretion as
to the retention of such counsel. This paragraph shall not apply to a lawsuit instituted by the City
to enforce its rights under this contract.
11. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless
otherwise provided by law or in this contract.
12. In the event that any one or more of the provisions of this contract for any reason
shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof, but this contract shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
13. This contract shall become effective after its execution by each party hereto. This
contract shall remain in full force and effect for a period of forty (40) years from the effective
date hereof or until such time all Obligations and any future debt with respect to the System are
paid in full, unless terminated earlier by mutual agreement of the parties hereto in writing. At
such time as all Obligations and any future debt are paid in full, this contract shall be terminated
and ownership of the Facilities shall be transferred to the City unless at that time there are other
contractual arrangements between the County and the City. In the event that the Obligations and
any future debt have not been paid in full at the end of the 40-year term of this contract, then
before the Facilities are transferred to the City, the City shall pay such debt in full and the
County shall have no further obligation or responsibility with respect the Obligations or future
debt previously incurred
4, This contract shad be bindin2 upon arid inure to the of the parties hereto
and their respective successors and assigns. This contract may be executed in any number of
counterparts.
15. In the event that a dispute arises among the Parties, the disputing party shall
provide the other Party with written notice of the dispute and within twenty (20) days after
receipt of said notice, the receiving Party shall submit to the other a written response. The notice
and response shall include a statement of each Party's position and a summary of the evidence
and arguments supporting its position. Each Party shall designate a high level executive or
officer to work together in good faith to resolve the dispute; the name and title of said executive
shall also be included in the notice and response. The executives shall meet at a mutually
acceptable time and place within thirty (30) days of the date of the disputing Party's notice and
thereafter as they reasonably deem necessary to resolve the dispute. If the executives have not
resolved the dispute through good faith efforts within sixty (60) days, then, before resorting to
taking the case to court, the Parties shall try in good faith to resolve the dispute by mediation
administered by the American Arbitration Association ("AAA") under its Commercial Mediation
Rules. All costs attributed to mediation shall be borne equally by both Parties. If either Party is
unsatisfied with the outcome of the mediation, either Party may file suit.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
and delivered by their duly authorized officers, all as of the day and year first above written.
COUNTY OF OAKLAND
By:
County Water Resources Commissioner
(County Agency)
CITY OF PONTIAC
By:
Its: Emergency Manager
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Revenue Bonds, Series 2010 $1,975,000
EXHIBIT B
Existing City of Pontiac Water System Revenue Bonds
Publicly Sold Revenue Bond Issues
Principal Due
After July 1, 2012
City of Pontiac Water Supply
System Revenue Bonds Series 1995 $855,000.00
City of Pontiac Water Supply
System Refunding Bonds Series 2002 $840,000.00
$1,695,000.00
Total
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Maximum
Principal Due
After July 1, 2012
Issue
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City of Pontiac Water Supply System
Operation & Maintenance
EXHIBIT C
SCOPE OF SERVICES
WATER SUPPLY SYSTEM OPERATION AND MAINTENANCE
The County agrees to perform the following operation and maintenance
services of the Water Supply System (all of the following being referred as the
"WRC Services" or "Services") on behalf of the City:
1. Operation and maintenance of booster pump stations, storage tank(s),
and appurtenances including the payment of power costs, lawn and
landscape maintenance, and all sampling and testing required by the
State and Federal government.
2. Read water meters quarterly for billing purposes.
3. Operation and maintenance of the W ater Supply System, including all
system mains, meters, leads, fire hydrants, valves, and all other facilities,
equipment and appurtenances that are part of the system.
4. Perform residential and commercial cross connection inspections in
accordance with the Michigan Safe Drinking Water Act, Public Act 399 of
the Public Acts of 1976, as amended (MCLA 325.1001 et seq), and the
rules promulgated thereunder, and the Oakland County Water Resources
Commissioner's Cross-Connection Program.
5. Compute and bill quarterly, charges for the water supply services
rendered to each user connected to the Water Supply System in
accordance with the rates established by the City and/or County Agency.
The water supply charges will be payable thirty (30) days after the date of
each quarterly billing or such other time period as may be set by the City
by ordinance or resolution and shall bear such penalties and late charges,
as the City by ordinance shall provide.
6. Receive and process all payments from customers of the Water Supply
System, and respond to customer and City inquiries regarding billing.
Provide delinquent billings, at the appropriate time and according to law,
for placement on and collection under the tax roil by the City. in the event
of customers declaring bankruptcy and listing delinquent water bills in the
bankruptcy proceedings, report the same to the City for follow-up, and
provide all necessary information to City.
7. Receive and process all applications relating to water service connections
to the Water Supply System and collect all rates and charges relating to
service connections, in accordance with a fee schedule approved by the
City
8. install all water service connections to the System, two (2) inches or iess,
including tapping the water main, installing the service lead within the
road right-of-way or easement, installing a curb stop, installlng the water
meter and restoration of the area effected in accordance with all of City's
design and installation standards and requirements.
City of Pontiac Water Supply System
Operation & Maintenance
9. Respond to requests from customers and City for maintenance,
inspections and repairs, both emergency and routine.
10. Establish, maintain, manage, and administer a Water Supply System
Enterprise Fund. Revenue collected by the County shall be deposited and
maintained in the Water Supply System Enterprise Fund. On a quarterly
basis, the County shall determine the costs and overhead incurred during
said quarter in performing the Services under this Contract and deduct
such amount from the Water Supply System Enterprise Fund as payment
for such Services. The County may establish multiple reserves for system
emergencies, major maintenance or system capital replacement.
11. Keep all necessary records and books of account pertaining to its
dealings with the users of the System within the City and the Water
Supply System Enterprise Fund, and make same available to the City
upon request.
12. Comply with applicable laws and governmental accounting standards in
the keeping, management, administration, use and auditing of the Water
Supply System Enterprise Fund. Upon request of the City, provide City a
quarterly accounting statement, a quarterly operation and maintenance
activity report and annual report for the City's review in accordance with
the County's fiscal year. Upon request, allow the City or City agents to
audit the System Enterprise Fund accounts, books and statements, and
provide City with supporting documentation and copies of such materials
if requested.
13. Subject to applicable laws and ordinances and proper notice to the user,
the County shall have the right and authority to terminate any water
service to a water customer that has failed to pay the customer's water
charges for a period of ninety (90) days following the date on which the
quarterly billing is due for such water service. Upon request of the City,
the County shall notify the City at least seven (7) days prior to termination
of water service.
14. The County will pay over to the City, upon request, any surcharges for
water connections for water service which the City may establish and
charge in excess of the Rates and Charges established and collected by
the County.
15. The County will provide, maintain and monitor a Supervisory Control and
Data Acquisition System (SCADA) to provide alarms on Water Supply
System facilities operated and maintained by the County .
16. The County will provide a 24-hour, 7-day per week dispatch center to
receive alarms from the SCADA system and any other reports of Water
Suppiy System emergencies, and will dispatch emergency service crews
to respond to such alarms and reports,
2
City of Pontiac Water Supply System
Operation & Maintenance
17. The County will, replace or repair existing components of the Water
Supply System, which are identified by the County or City to be in need of
repair or replacement. Upon completion of such repairs and
replacements, the County will provide as-builts and update the GIS
infrastructure mapping and database, if the System has been altered in
any material way. Unless otherwise agreed in writing by the Parties, the
County's obligation to repair or replace shall be limited to the fund
balance contained in the Water Supply System Enterprise Fund.
18. The County and VVRC Personnel shall comply with all Federal, State,
DVVSD and local permits and licenses issues and applicable to the
operation and maintenance of the Water Supply System.
19. All Services provided by the County under this Contract will be performed
in accordance with all applicable State and Federal laws and regulations,
including, without limitation, the Michigan Safe Drinking Water Act, Public
Act 399 of the Public Acts of 1976, as amended, MCL 325.1001 to
325.1023, as well as all applicable City ordinances.
20. The County shall establish, provide and implement water system
operation and maintenance related programs, studies, reports, testing,
sampling, inspections and surveys in accordance with City, State, and
Federal mandates.
21. The County will maintain, and update as necessary, GIS infrastructure
mapping and database of the Water Supply System. The County will also
provide City hard and digital copies of the mapping, and updates as
requested, in a manner compatible with City's GIS system, and will
provide interconnectivity between the City and County GIS systems when
in place. The County will update the GIS mapping and database of the
System upon being provided as-builts or other information from the City
identifying corrections and/or modifications of the System and upon the
County performing Services that result in modifications of the Water
Supply System. The City is responsible for providing accurate "as-built"
information.
22. The County will conduct MISS DIG operations, in accordance with Public
Act 53 of the Public Acts of 1974, as amended, (MCLA 460.701 at seq)
on behalf of the City as they pertain to the operations and maintenance of
the Water Supply System
FISCAL NOTE (14ISC #12140) May 17, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION TO ESTABLISH CITY OF
PONTIAC WATER SUPPLY SYSTEM AND AUTHORIZE CITY OF PONTIAC WATER SUPPLY
SYSTEM CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. This resolution establishes the City of Pontiac Water Supply
System (the "System") and authorizes the contract for Oakland
County to proceed with the acquisition of the Project for the
City of Pontiac.
2. The acquisition of the Project can be most economically and
efficiently conducted by the County through the exercise of
the powers conferred by Act 342, Public Acts of Michigan,
1939, as amended. ("Act 342").
3. The Project consists of acquiring a water supply system with
improvements and facilities to promote the public health and
welfare of the residents.
4. Oakland County will assume the existing debt and the Water
Resources Commissioner will assume the administration,
operation and maintenance of the system.
3. The estimated cost of the Project based on outstanding debt
for the improvements and facilities is $3,670,000 with a 40
year and upward useful life.
6. The City of Pontiac shall remain obligated to repay the Water
Revenue Bonds from the net revenues of the Project.
7. The Contract states that any amount due and owing to the
County which is still unpaid at the time the County
distributes funds to the City from the Delinquent Tax
Revolving Fund, the County shall be entitled to reduce, set-
off, and permanently retain any amount due to the City from
Delinquent Tax Revolving Fund by any such amount then still
due and owing the County.
8, No County general funds shall be appropriated to this
Project.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Quarles absent.
Resolution #12140 May 17, 2012
Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOli RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 May 17,
2012, 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 17th day of May, 2012.
Bill Bullard Jr., Oakland County