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HomeMy WebLinkAboutResolutions - 2014.07.31 - 21421Miscellaneous Resolution #14182 July 31, 2014 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 two 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, 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 (11.2458%), 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 July 8, 2014, 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, Series 2014A (General Obligation Limited Tax) with such modifications and other designations as may be approved by resolution of the Drainage Board (the "Series 2014A Bonds"), with such bonds expected to be issued in approximately October 2014, 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 has further authorized and provided for the issuance of its bonds designated Oakland-Macomb Interceptor Drain Drainage District Bonds, Series 2014B (General Obligation Limited Tax), with such modifications and other designations as may be approved by resolution of the Drainage Board (the "SAW Bonds"), with the SAW Bonds expected to be issued in PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. 1 699627v2 approximately December 2014, and sold to the Michigan Finance Authority (the "Authority") pursuant to the Stormwater, Asset Management, and Wastewater Program of the Authority and the Michigan Department of Environmental Quality, and the Drainage Board may authorize the issuance of one or more series of additional bonds as may be determined to be necessary to complete the Project pursuant to the further resolution of the Drainage Board (the Series 2014A Bonds, the SAW Bonds and such other series of additional bonds are collectively referred to as the "Bonds"); and WHEREAS, the principal amount of the Bonds will not exceed $28,000,000 in the aggregate; 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 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 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 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 Bonds, not to exceed $28,000,000 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 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 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 Bonds, such legal procedures and steps to include, without limitation, (a) including financial and operating information concerning Oakland County in any preliminary or final 2 official statement relating to such Bonds and approving the circulation of a preliminary or final official statement relating to such 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 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. 3 SCHEDULE I PROJECT Segment 4 (Contract 5, including sewer reaches referred to as PC1-9, and PCI-10A/B) repair work is located along the Oakland Arm Interceptor extending from the intersection of Dodge Park and Utica roads in Sterling Heights, north along Utica Road right-of-way into the City of Utica, along Koth Lane right-of-way, through private easement, into and through Shelby Township's Riverbends Park, through Shelby Township's Holland Ponds Park, through private easement (including an unnamed private road), and along Dequindre Road right-of-way in Rochester Hills to the RC-S-2/0C-S-2 meters owned by Oakland County. Segment 4 (Contract 6, including the sewer reach referred to as PCI-11A) repair work is located along the Avon Arm Interceptor beginning in the City of Utica at the intersection of Utica Road and the M-59 Expressway (Hall Road), then extending west through the cities of Sterling Heights and Rochester Hills within the right-of-way of M-59, Dorby Drive, and West Utica Road, terminating at the intersection of West Utica Road and Dequindre Road. Work to be included in the Segment 4 (Contract 5 and 6) program includes the following items: - Construction of access shafts Interceptor lining at selected meter tap locations (about 2400 lineal feet total) - Localized liner repairs at selected locations including sealing running and gushing leaks; repair of a hole in the lining; crack repairs; steel reinforcement replacement; surface repairs of the sewer lining, cementacious grouting behind the lining; and other ancillary work. Access manhole modifications and restoration. - Access roads to provide access to manhole locations within Riverbends and Holland Ponds Parks (up to about 10,500 lineal feet of roads, total) - Perform interceptor lining at selected meter tap locations and other selected locations (about 2200 lineal feet total). - Localized liner repairs at selected locations including sealing running and gushing leaks; crack repairs; surface repairs of the sewer lining, cementacious grouting behind the lining; and other ancillary work. Access manhole modifications and restoration. - Right of Way acquisition and wetland mitigation and other regulatory obligations Sanitary interceptor lining for all the above reaches will involve labor, material, and equipment required for lining and local repairs to the interceptors, including flow control management, material installation, and all other items necessary to complete the lining and localized repair work. To the extent determined by further action of the Drainage Board, the Project shall also include up to all of the following work at the existing Northeast Sewage Pump Station located in the City of Detroit on 8 Mile Road west of Hoover. This work includes the rebuilding of sanitary sewer pumps and appurtenances, installing three new 84" diameter knife gates, valves and piping, bridge crane repairs/ upgrades, elevator repairs and upgrades, rehabilitation and repair of the facility's subgrade concrete structure and related piping replacement as well as the facility's heating and ventilation systems. 4 Atlas Groveland Ortonville Brandon Leonard Bruce Village of Armada Armada Township Richmond Township City of Richmond ' Springfield Independence Lake Orion Orion wlirston Lenox Clarksto ad Perry S on Lift Stati FEhes White Lake Eli Waterford telt Lake Road Lift StaINNon Pontia Macomb Chesterfield Keeact-- e Harbor Baltimore oomfiel Jailed Lake jX0' West orrifi Lake Ingham ,Farms- ea mli ei Birmingham Royal Oakl laWeal -a Sterling Heights Fraser Clinton Harrison Roseville astpaint DWSD Northeci Lift Station mck rosse Pain' Woods, DWSD WWTP • Cla hore Harper Woods Grosse Pointe Shores Grosse Pointe Farms Grosse Pointe Grosse Pointe Park waerd vnship /WV Farmington Hills rankli everly Hills City of Southfield a Warren na ity ownship ayneCou Livonia Lathrup Village Southfield — ownship Oak Park Berkley— Huntington Woods li L A L— Ferndale Pleasant Ridge R yal Oak Township Niahldnd Detroit I or Canton stland Garden City earbort Heights Dearborn FPgf, .B Mile Rd Disclaimer The information provided in this system has been compiled from recorded deeds, plats, tax maps, surveys and other public records end data. It is not a legally recorded map or survey and is not intended robe used as ore. Users of ihis (lets are hereby notified that the information $ourcs mentioned above should be COOSOlted for verification °lithe Information. WATER RESOURCES COMMISSIONER lira Nash LT; WRC Legend 0 Sanitary Lift Station veiN IP Wastewater Treatment Plant ===• POC Proposed Diversion.Force Main Sanitary Interceptor Sanitary Interceptor Force Main Sewage Disposal Systems Clinton-Oakland Sewage Disposal System Macomb Sewage Disposal System Oakland-Macomb Sewage Disposal System Pontiac Sewage Disposal System Project Area North East Pump Station Nal To Scale Oakland-Macomb Interceptor Drainage District Segment 4 Project Area and North East Pump Station OMBINEDIaMblissoMIMOMI Resolution #14182 July 31, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.