HomeMy WebLinkAboutResolutions - 2014.08.20 - 21460Miscellaneous Resolution #14182 July 31, 2014
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER â OAKLAND-MACOM13
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.
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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
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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.
PLANNING AND BUILDING COMMITTEE
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SCHEDULE I
PROJECT
Segment 4 (Contract 5, including sewer reaches referred to as PCI-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-210C-S-2 meters owned by
Oakland County. Segment 4 (Contract 6, including the sewer reach referred to as PC I-1 1A) 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.
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Jim Nash ap
*1AIRC
Oakland-Macomb Interceptor Drainage District
Segment 4 Project Area and
North East Pump Station
Resolution #14182 July 31, 2014
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #14182) August 20, 2014
BY: FINANCE CONFIVEITTEE, TOMMIDDLETON, 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, Series 2014A and 2014B. 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 and requires a two-thirds vote of its members-elect.
4. The Drain Bonds for the series are not to exceed $28,000,000 and to be used to pay for
repair and construction work on the Oakland-Macomb Interceptor and Northeast Pump
Station.
5. The Oakland-Macomb Interceptor Drain Drainage District Bond Series 2014A for
$8,000,000 and subsequent Series for $10,000,000 will be sold publicly at an interest
rate not to exceed 6% and mature in such amounts and times pursuant to a resolution
determined by the Drainage Board. The Oakland-Macomb Interceptor Drain Drainage
District Bond Series 2014B for $10,000,000 will be sold to the Michigan Finance Authority
as part of the Michigan Department of Environmental Quality (MDEQ) State Stormwater,
Asset Management and Wastewater (SAW) loan program with an interest rate of 2.50%.
6. The statutory limit for County debt is $5,508,460,729 (10% of State Equalized Value). As
of July 2, 2014, the total pledged debt is $729,213,352 or approximately 1.324% of the
S.E.V.
7. The estimated project cost of $28,000,000 will have 48.50% or $13,580,000 apportioned
to Public Corporations within Oakland County and 51.50% or $14,420,000 to Public
Corporations within Macomb County as indicated in the chart:
Public Corporation Percent $ Amount
City of Auburn Hills 3.3059% $925,652
Independence Township (includes City of Clarkston) 3.1622% $885,416
City of Lake Angelus 0.0359% $10,052
City of Rochester 2.9035% $812,980
City of Rochester Hills 12.9326% $3,621,128
Oakland Township 2.0159% $564,452
Orion Township 4.6139% $1,291,892
Oxford Township 2.4184% $677,152
Village of Lake Orion 0.6612% $185,136
Village of Oxford 1.1499% $321,972
Waterford Township 13.4608% $3,769,024
West Bloomfield Township 1.8398% $515,144
Total Oakland County - Public Corporations 48.5000% $13,580,000
Total Macomb County - Public Corporations 51.5000% $14,420,000
Grand Total 100.0000% $28,000,000
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack absent.
8. 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.
9. A budget amendment is not required. No General Fund appropriation is required.
FINANCE COM(M
Resolution #14182 August 20, 2014
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles,
Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18)
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).
I HEREBY APIolleNE THIS RESOLUTION
CHIEF 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 August 20,
2014, 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 20th day of August 2014.
Lisa Brown, Oakland County
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