HomeMy WebLinkAboutResolutions - 2013.05.22 - 20814Miscellaneous Resolution No.: 113°99 May 9, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER — OAKLAND-MACOMB INTERCEPTOR DRAIN
DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to the authorization provided in Chapter 21 of the Drain Code, the Drainage
Board of the Oakland-Macomb Interceptor Drain Drainage District (the "Drainage District") expects to
provide for the issuance of one or more series of bonds to finance costs relating to the project described
on Schedule I (the "Project"), and the costs of issuance of such bonds; and
WHEREAS, all or a portion of such bonds will be sold to the Michigan Finance Authority
("Authority") under the State Revolving Fund Program; and
WHEREAS, such bonds will be payable in part from the collection of special assessments against
public corporations in Oakland and Macomb Counties in the Drainage District, said special assessments
to be duly confirmed as provided in the Drain Code; and
WHEREAS, pursuant to a Corrected Final Order of Apportionment dated July 20, 2010 adopted
by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against
public corporations in Oakland County as follows: City of Auburn Hills (3.3059%), Independence
Township (includes City of Clarkston) (3.1622%), City of Lake Angelus (0.0359%), City of Rochester
(2.9035%), City of Rochester Hills (12.9326%), Oakland Township (2.0159%), Orion Township
(4.6139%), Oxford Township (2.4184%), Village of Lake Orion (0.6612%), Village of Oxford (1.1499%),
Waterford Township (13.4608%), and West Bloomfield Township (1.8398%); and
WHEREAS, pursuant to a Corrected Final Order of Apportionment dated July 20, 2010 adopted
by the Drainage Board for the Drainage District, the cost of the Project has been apportioned against
public corporations in Macomb County as follows: Chesterfield Township (3.9434%), City of Fraser
(2.3239%), City of Sterling Heights (16.4901%), City of Utica (0.9289%), Clinton Township (11.2468%),
Harrison Township (3.0015%), Lenox Township (0.2519%), Macomb Township (6.7545%), Shelby
Township (4.7641%), Village of New Haven (0.5379%), and Washington Township (1.2580%); and
WHEREAS, to defray part of the costs of the Project, the Drainage Board of the Oakland-
Macomb Interceptor Drain has, by resolution adopted April 16, 2013, authorized and provided for the
issuance by the Oakland-Macomb Interceptor Drain Drainage District of its bonds designated Oakland-
Macomb Interceptor Drain Drainage District Bonds (Limited Tax General Obligation), Series 2013A , with
such modifications and other designations as may be approved by resolution of the Drainage Board (the
"Series 2013A Bonds"), with such bonds expected to be issued in approximately June 2013, bearing
interest at the rates and maturing in such amounts and at such times as may be determined pursuant to
the resolution of the Drainage Board; and
WHEREAS, subsequent to the issuance of the Series 2013A Bonds, the Drainage District may
issue additional bonds to finance additional costs of the Project (the "Additional Bonds," and, together
with the Series 2013A Bonds, the "Drain Bonds"); and
WHEREAS, the aggregate principal amount of the Drain Bonds will not exceed $90,200,000; and
WHEREAS, Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the "Drain
Code"), authorizes a county to pledge its full faith and credit for the payment of obligations issued under
Chapter 21 of the Drain Code, if the county board of commissioners has adopted a resolution by two-
thirds (2/3) vote of its members-elect to that effect; and
WHEREAS, said Project is immediately necessary to protect and preserve the public health, and
it is in the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the
full faith and credit of Oakland County, as authorized by Section 526 of the Drain Code; and
WHEREAS, the Board of Commissioners of Macomb County is expected to adopt a similar
resolution pledging its full faith and credit for the payment of the Drain Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF
COMMISSIONERS:
1. Pursuant to the authorization provided in Section 526 of the Drain Code, the Oakland
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bosnic absent.
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County Board of Commissioners, by a majority vote of at least two-thirds (2/3) of its members-elect, does
hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of the
principal of and interest on the Drain Bonds, in one or more series, not to exceed $90,200,000 in
aggregate principal amount, and does agree that in the event any public corporations in Oakland County
shall fail or neglect to account to the Oakland County Treasurer for the amount of any special assessment
installment and interest (in anticipation of which the Drain Bonds are issued) when due, then the amount
thereof shall be advanced from the funds of Oakland County, and the Oakland County Treasurer is
directed to make such advancement to the extent necessary.
2. In the event that, pursuant to said pledge of its full faith and credit Oakland County
advances out of Oakland County funds all or any part of the principal and interest due on the Drain
Bonds, it shall be the duty of the Oakland County Treasurer, for and on behalf of Oakland County, to take
all actions and proceedings and pursue all remedies permitted or authorized by law for the
reimbursement of such sums so paid.
3. The Oakland County Executive, the Oakland County Treasurer, and any other official of
Oakland County, and their respective designees, or any of them, are authorized and directed to take all
necessary legal procedures and steps necessary or desirable, for and on behalf of Oakland County, in
connection with the authorization, sale and delivery of any of the aforesaid Drain Bonds, such legal
procedures and steps to include, without limitation, (a) including financial and operating information
concerning Oakland County in any preliminary or final official statement relating to such Drain Bonds and
approving the circulation of a preliminary or final official statement relating to such Drain Bonds, and (b)
executing and delivering a continuing disclosure certificate and any amendments thereto in accordance
with the requirements of Rule 15c2-12 the Securities Exchange Act of 1934 and such other certificates,
documents and instruments as may be required by the purchaser(s) of the Drain Bonds. To the extent a
continuing disclosure certificate is executed and delivered, Oakland County hereby covenants and agrees
that it will comply with and carry out all of the provisions of such continuing disclosure certificate. The
remedies for any failure of Oakland County to comply with and carry out the provisions of the continuing
disclosure certificate shall be as set forth therein.
4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
resolution be and the same hereby are rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
---PrANNING AND BUILDIK8 COMMITTEE
SCHEDULE I
PROJECT
SEGMENT 3 REPAIR PROGRAM
The work proposed for Segment 3 repair program generally includes lining of approximately
22,950 lineal feet of interceptor sewer in PCI-5, 6, 7 and 8 and repairs of interceptor sewer in
PCI-8 between CS-7 and CS-8, all components considering flow control and wet weather
impacts
Segment 3 repair work is located along the Edison Corridor Interceptor and Oakland Arm
Interceptor extending from the Northeast Sewage Pumping Station in the City of Detroit, through
private easements and the Amber Road Rights-of-Way to and through the International
Transmission Company (ITC) corridor in the City of Warren, City of Sterling Heights, and
through the 15 Mile Road, Dodge Park Road and Utica Road Rights-of-Way in the City of
Sterling Heights. The work items to be included in Segment 3 program include the following:
Perform cleaning and lining of entire length of PC1-5 interceptor and part of the PCI-6
interceptor downstream of Control Structure CS-9 (approximately 14760 lineal feet). The lined
inside diameter of this section cannot be less than 10 feet.
Perform cleaning and lining of portion of PCI-6 interceptor beneath Interstate 1-696
(approximately 760 lineal feet). The lined inside diameter of this section cannot be less than 10
feet.
Perform cleaning and lining of approximately 830 lineal feet downstream of PCI-7
interceptor constricted area. The lined inside diameter of this section cannot be less than 10 feet.
Perform cleaning and lining of approximately 2400 lineal feet of the constricted area of
PCI-7 interceptor. The relined inside diameter of this section cannot be less than 8 feet.
Perform cleaning and lining of approximately 4200 lineal feet of PCI-8 interceptor from
beyond Control Structure CS-6 to Control Structure CS-7. The lined inside diameter of this
section cannot be less than 8 feet.
Repair PCI-8 interceptor from Control Structure CS-7 to Control Structure CS-8,
including sealing of leaks, grouting, and replacement of corroded steel reinforcement.
Perform flow control, operations and upkeep of the related mechanical and electrical
-features of the existing OMID control gates in order to perform the construction work. This
includes operations and upkeep of all existing OMID control gates and pumps, motors at the
existing OMID pumping stations and all related appurtenances located at the City of Detroit's
North East Pump Station that allow the ability to execute the flow control plan for Segment 3.
Construct up to six (6) additional access structures to facilitate lining work, as determined
by the contractor based on access required tbr installation of their chosen lining methodology.
SEGMENT 1 ADDITIONAL REPAIR PROGRAM COST
The Project also includes additional cost associated with the "Segment 1 Project," described as
Follows:
Structural rehabilitation of the Oakland-Macomb Interceptor Drain and necessary ancillary
construction:
• Contract No. 1 — located with the International Transmission Company (formerly Edison)
Corridor interceptor which extends from the Detroit Water Sewerage Department
(D'W'SD) Northeast Pump Station south of 8 Mile Road in the City of Detroit to 15 Mile
Road in Sterling Heights, Michigan. The majority of the alignment is within the ITC
corridor in the City of Warren, Michigan, Contract work includes construction of:
1. Control Structure No. 9: PCI 5/6 access structure. This is a 29-foot inside
diameter cylindrical access shaft located within the ITC corridor just north of 10
Mile Road. The construction of PCI 5/6 access structure will include temporary
dewatering, excavation, construction of a temporary circular earth retention
system, temporary flume in sewer, concrete base slab and walls, backfill, and site
restoration. The shaft cover will be constructed from precast concrete units. The
shaft walls will include guide rails/grooves for future gate installation.
2. Control Structure No. 5: PCI 6/7 access and gate structure. The structure is a 29-
foot inside diameter cylindrical access shaft located within the ITC corridor at
Common Road. The construction of PCI 6/7 Gate Structure will include
temporary dewatering, excavation, construction of a temporary circular earth
retention system, temporary flume in sewer, concrete base slab and walls, flow
control gate, backfill, and site restoration. The shaft cover will be constructed
from precast concrete units.
3. Existing Garfield Gate Modifications.
• Contract No. 2. — located within the ITC Corridor at 15 Mile Road and within public
right-of-way along Utica Road and Dodge Park Road in the City of Sterling Heights.
Contract No. 2 includes the construction of:
I. Control Structure No. 6: PCI 7/8 Access, Gate and Pump Structure. This structure
is a 50-foot inside diameter cylindrical access shaft located at the intersection of
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15 Mile Road and the ITC corridor in the City of Sterling Heights. The
construction of PCT 7/8 Gate Structure will include temporary dewatering,
excavation, construction of a circular earth retention system, temporary flume,
concrete base slab and walls, flow control gate, pump station, backfill, and site
restoration.
2. Control Structure No. 7: PCI 8 Access and Gate Structure. This structure is 13-
foot by 25-Toot inside dimensions rectangular shaft located on Dodge Park Road
in the right-of-way between Broad and Warsaw Streets in the City of Sterling
Heights. The construction will include relocation of existing utilities, traffic
control, temporary dewatering, excavation, construction of a rectangular earth
retention system, temporary flume, concrete base slab and walls, flow control
gate, backfill, and site restoration.
3. Control Gate No. 8: PCI 9 Gate Structure. This structure is a 11.75-foot by 8.75-
foot inside dimensions rectangular shaft located on Utica Road just west of Dodge
Park Road in the City of Sterling Heights. The construction of PCI-9 Gate
Structure will include relocation of existing utilities, traffic control, relocation of
trees, excavation, construction of a rectangular earth retention system, temporary
flume, concrete base slab and walls, flow control gate, and replacement of
landscaping, irrigation and electrical systems.
• Contract No. 3.
1, PCI 10A/10B sewer repairs which will involve placement of chemical grout to
stop leaks and isolated repairs to restore sewer integrity., The work will include
construction of gravel access roads within the River bends and The Ponds Parks
in Shelby Township, construction of access manholes, and placement of chemical
grout from with the sewer to stop leaks. To facilitate the work, two 8-foot inside
diameter access structure will be required.
2. PCI 9 Hole repair which will involve work to repair a hole located at the joint
within the alignment. The work will require a manned entry to repair the isolated
hole at sewer joint.
NORTHEAST SEWAGE PUMP STATION COSTS
The Project also includes any or all of the cost associated with the repairs, improvements, renovation,
expansion, or maintenance of the Northeast Sewage Pump Station to he operated under a long-term
operating agreement with the City of Detroit.
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Resolution #13099 May 9, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE tt1/41.mr, Al lmon May 22, 2013
BY: FINANCEClitaltrME lvfIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER - OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT
FULL FAITH AND CREDIT RESOLUTION
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. The Drainage Board for the Oakland-Macomb Interceptor Drain Drainage
District is requesting that the Board of Commissioners pledge the full faith
and credit of the County of Oakland for the payment of principal and
interest on the Oakland-Macomb Interceptor Drain Drainage District Bonds
(Limited Tax General Obligation), Series 2013A. Macomb County is expected
to adopt a similar resolution pledging its full faith and credit.
2. Oakland and Macomb Counties will be secondary obligors with the Drainage
District as primary obligor, with Special Assessments to the Public
Corporations as determined by the Final Order of Apportionment percentages
approved by the Drainage Board on July 20, 2010.
3 Chapter 21 of the Drain Code Section 526 of Act 40, Public Acts of Michigan,
1956, as amended (the Drain Code) authorizes the County Board of
Commissioners to pledge its full faith and credit requires a two-thirds vote
of its members-elect.
4. The Drain Bonds for the series 2013A are not to exceed $90,200,000 and to be
used to pay for design, construction and rehabilitation of the Oakland-
Macomb Interceptor.
5. The Drain Bonds shall bear an interest rate, mature in such amounts and
times pursuant to a resolution determined by the Drainage Board.
6. All total or a portion of the Drain Bonds will be sold to the Michigan
Finance Authority under the State Revolving Fund Program at approximately
2.50% interest.
7. The statutory limit for County debt is $5,083,902,497 (10% of State
Equalized Value). As of April 5, 2013, the total pledged debt is
$364,372,410 or approximately 0.71672% of the S.E.V.
8 The estimated project cost of $90,200,000 will have 48.50% or $43,747,000
apportioned to Public Corporations within Oakland County and 51.50% or
$46,453,000 to Public Corporations within Macomb County as indicated in the
chart:
Public Corporation Percent $ Amount
City of Auburn Hills 3.3059% $2,981,922
Independence Township (includes City of Clarkston) 3.1622% $2,852,304
City of Lake Angelus 0.0359% $32,382
City of Rochester 2.9035% $2,618,957
City of Rochester Hills 12.9326% $11,665,205
Oakland Township 2.0159% $1,818,342
Orion Township 4.6139% $4,161,738
Oxford Township 2.4184% $2,181,397
Village of Lake Orion 0.6612% $596,402
Village of Oxford 1.1499% $1,037,210
Waterford Township 13.4608% $12,141,642
West Bloomfield Township 1.8398% $1,659,499
Total Oakland County - Public Corporations 48.5000% $43,747,000
Total Macomb County - Public Corporations 51.5000% $46,453,000
Grand Total 100.0000% $90,200,000
9. The Public Corporations will pay for the Drain Bonds through a Special
Assessment Roll for the Oakland-Macomb Interceptor Drain Project. Public
Corporations that want to pay cash for their cost of the project must
provide a resolution to the Oakland Macomb Drainage Board by the date set
forth by the Drainage Board to formally notify of their intent to pay cash
up front.
10. No budget amendment is required. Noral Funjeli.NrgpriatioA is required.
ANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #13099 May 22, 2013
Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford, (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
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HEREBY APPROVE THIS RESOLUTION
'.',DHIFF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 22, 2013,
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 22nd day of May, 2013.
Lisa Brown, Oakland County