Loading...
HomeMy WebLinkAboutResolutions - 2017.10.26 - 23170MISCELLANEOUS RESOLUTION #173 07 October 26, 2017 BY: Philip J. Weipert, Chairperson, Planning and Building Committee IN RE: WATER RESOURCES COMMISSIONER - REQUEST FOR A NOT TO EXCEED $99,250.00 LOAN FROM THE LONG TERM REVOLVING FUND FOR THE OAK KNOB DRAIN REHABILITATION PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oak Knob Drain was established, designed and constructed under the Michigan Drain Code of 1956, MCL 280.1 et seq., as amended ("Drain Code") and is located in Bloomfield Hills; and, WHEREAS, the Oak Knob Drain was in need of rehabilitation due to poor pipe condition and potential for pipe collapse beneath Lahser Road; and, WHEREAS, the Water Resources Commissioner had prepared the necessary bidding documents; procured the services of a contractor; performed the work; and inspected the work for compliance with contract documents to rehabilitate the Oak Knob Drain ("Project") in the amount of $184,895 attached hereto as Exhibit A, with $99,221.18 of the project cost being the responsibility of the residents of Bloomfield Hills; and WHEREAS, the Project consisted of lining approximately 560 lineal feet of 22-inch to 24-inch diameter clay and concrete pipe; and WHEREAS, Miscellaneous Resolution #02019, adopted February 21, 2002, established a Long Term Revolving Fund to assist in the financing of infrastructure projects; and, WHEREAS, Miscellaneous Resolution #02019 authorized loans up to $150,000; and, WHEREAS, in order to pay for the costs associated with the Project, the Oak Knob Drain Drainage District has requested and the County has agreed to provide an advance from the Long Term Revolving Fund in the amount not to exceed $99,250.00 to cover the Bloomfield Hills Residents' portion of the project cost with the understanding that the Drainage District agrees to pay back to the County, with applicable interest, over a period of five (5) years with assessments on properties benefiting from the Project. NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The County hereby agrees to advance an amount not to exceed $99,250.00 to the Drainage District in connection with a Project that consisted of lining approximately 560 lineal feet of 22- inchto 24-inch diameter clay and concrete pipe. 2. The loan shall be applied to all costs for the Project including interest and evidenced by an inter- local agreement between the County and the Oak Knob Drain Drainage District. 3. The proceeds of the loan shall not be disbursed to the drainage district until and only after all proceedings approving the Project as provided in the Drain Code have been completed and the time for contesting the validity of said proceedings, if any, has passed. 4. Disbursal of said funds will occur when the Water Resources Commissioner provides notice to County Treasurer and County Fiscal Services that all necessary drainage proceedings have been completed. The Chairperson is hereby authorized to execute an inter-local agreement between the County and the Oak Knob Drain Drainage District subject to the approval as to the form by Corporation Counsel. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Commissiefer Philip Weipert, District 48 Chairperson, Planning and Building Committee PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. Form DC-001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Planning and Building Committee FROM: Geoff S. Wilson, P.E. - Drain Maintenance Engineer SUBJECT: Oak Knob Drain Emergency Repair Financing DATE: October 6,2017 The Oakland County Water Resources Commissioner's Office (WRC) recently completed its evaluation of the Oak Knob Drain (Bloomfield Hills, Chapter 4 Drain) and found it to be in need of rehabilitation. This constitutes an emergency situation, which, under the Michigan Drain Code, allows the WRC to expend the necessary funds to repair the drain and recoup costs through a special assessment to the drainage district. The most cost effective way to rehabilitate the pipe was to perform the project before the Road Commission for Oakland County began its 2017 resurfacing project for Lahser Road above the drain. The City of Bloomfield Hills and the Charter Township of Bloomfield are the two communities that comprise the land of the Oak Knob Drain Drainage District. The drainage district is a special assessment district established under Chapter 4 of the Michigan Drain Code. For the rehabilitation project, Bloomfield Township has agreed to pay its residents' portion of the project cost. However, Bloomfield Hills residents will be responsible for the amount associated with their individual parcels. If the funds are recouped by a single special assessment on the winter 2018 tax roll, each resident will pay the amount summarized on the enclosed sheet. Likewise, if a loan can be granted to the Bloomfield Hills residents for five years and repaid in installments, the approximate amount each parcel would be responsible for is summarized on the enclosed sheet. On behalf of the Oak Knob Drain Drainage District, we are requesting a loan in the amount summarized on the enclosed sheet to allow Bloomfield Hills residents the option to repay the project cost over a five-year period rather than in a single assessment. The loan request is made pursuant to Miscellaneous Resolution #02019 authorizing loans of up to $150,000 to assist in the financing of infrastructure projects. OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05/08 CONTRACT THIS CONTRACT (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Michigan 48341 (hereafter, the "County"), and OAK KNOB DRAIN DRAINAGE DISTRICT (hereafter, the "Drainage District"). Recitals: WHEREAS, the Oak Knob Drain was established, designed and constructed under the Michigan Drain Code of 1956, MCL 280.1 et seq., as amended ("Drain Code") and is located in Bloomfield Hills; and, WHEREAS, the Oak Knob Drain was in need of rehabilitation due to poor pipe condition and potential for pipe collapse beneath Lahser Road; and, WHEREAS, the Water Resources Commissioner had prepared the necessary bidding documents; procured the services of a contractor; performed the work; and inspected the work for compliance with contract documents to rehabilitate the Oak Knob Drain (Project") in the amount of $184,895 attached hereto as Exhibit A, with $99,221.18 of the project cost being the responsibility of the residents of the City of Bloomfield Hills; WHEREAS, the Project consisted of lining approximately 560 lineal feet of 22-inch to 24-inch diameter clay and concrete pipe; and WHEREAS, Miscellaneous Resolution #02019, adopted February 21, 2002, established a LongTerm Revolving Fund to assist in the financing of infrastructure projects; and, WHEREAS, Miscellaneous Resolution #02019 authorized loans up to $150,000; and, WHEREAS, in order to pay for the costs associated with the Project, the Oak Knob Drain Drainage District has requested and the County has agreed to provide an advance from the Long-Term Page 1 of 4 Revolving Fund in an amount not to exceed $99,250.00. The loan with applicable interest shall be paid in full and shall be assessed against the drainage district in (5) annual installments beginning at a time that will be determined at a future date to cover the Bloomfield Hills Residents' portion of the project cost with the understanding that the Bloomfield Hills Residents of the Drainage District agrees to pay back to the County over a period of five (5) years with assessments on properties benefiting from the Project; WHEREAS, pursuant to Miscellaneous Resolution # (hereinafter "MR # "), the County Board of Commissioners agrees to advance an amount not to exceed $99,250.00 to the Drainage District upon the terms and conditions set forth in this Contract. NOW, THEREFORE BE IT RESOLVED, pursuant to MR #02019 and MR # which are incorporated herein, and in consideration of the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. The County hereby agrees to advance an amount not to exceed $99,250.00 to the Drainage District in connection with a Project that consists of lining approximately 560 lineal feet of 22-inch to 24-inch diameter clay and concrete pipe. 2. The amount advanced by the County shall be applied to the allowable costs as authorized for the project as approved by the Drainage District in accordance with Drain Code. 3. The Drainage District shall reimburse the County for all funds advanced including interest, in accordance with the attached Loan Repayment Schedule, with the special assessments levied and collected from the properties within the drainage district established and approved by the Drainage District in accordance with the procedures set forth in the Drain Code. 4. Principal and interest payments are due with the first payment due on and last payment due , in accordance with the attached repayment schedule. The annual interest rate is %, which is based on the six-month treasury bill rate. 5. If any funds raised pursuant to the special assessment district are insufficient to meet the obligation under this contract, the Drainage District shall proceed in accordance with the Page 2 of 4 procedures set forth in the Drain Code to make additional special assessments in order to fulfill its obligations under this contract. 6. If any provision of this contract or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Contract, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially alter the contract or make execution impractical. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Jim Nash, Water Resources Commissioner, hereby accepts and binds the Oak Knob Drain Drainage District to the terms and conditions of this Contract. OAK KNOB DRAIN DRAINAGE DISTRICT DATE: By: Jim Nash Oakland County Water Resources Commissioner DATE: IN WITNESS WHEREOF, Michael J. Gingen, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. Page 3 of 4 COUNTY OF OAKLAND DATE: Michael J. Gingerl, Chairperson DATE: Lisa Brown County of Oakland Clerk/Register of Deeds Page 4 of 4 By: GSW Date: 10/5117 Exhibit A Oak Knob Rehabilitation 2017 - As-Built Project Costs 1) Contracted Services: Overall Construction Cost Easement Acquisition 2) Project Development Design/Con Engineering - by HRC Cleaning, Jetting, COW WRC Inspection and Engineering 3) Contracted Services: Project Financing Bond Counsel Financial Consultant Official Statement Bond Rating Fees Bond Discount (11/2%) 4) County Services: Administration Engineering Right-Of-Way Construction Inspection Surveying Unit Qty Unit Price LS 1 $ 168,300 $ $ - $ Sub-Total $ $ $ $ Sub-Total $ $ $ $ $ $ Sub-Total $ $ $ $ $ $ Sub-Total $ 5,305 Cost 158,300 158,300 9,110 8,580 3,600 21,290 960 735 _ 3,610 GRAND SUBTOTAL $ 184,895 5) 0% Contingency $ Final Project Cost $ 184,895 Oak Knob Drain - Bloomfield Hills Resident Assessment and Projected Loan Repayment PIN AGENCY SITE ADDRESS NAME % SINGLE YEAR AMMT 1915151002 1915151003 1915151005 1915151006 1915151007 1915151008 1915151009 1915151010 1915151012 1915151013 1915151014 1915301001 1915301002 1915301003 1915301004 1915301005 1915301006 1915326001 1915351001 1915351002 BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS 3601 LAHSER RD 350 W LONG LAKE RD 3645 LAHSER RD 3715 LAHSER RD 3755 LAHSER RD 3805 LAHSER RD 3925 LAHSER RD 3955 LAHSER RD 3635 LAHSER RD 3637 LAHSER RD 350W LONG LAKE RD 1350 ORCHARD RIDGE RD 1310 ORCHARD RIDGE RD 1290 ORCHARD RIDGE RD 431W LONG LAKE RD 1421 PEMBROKE DR 1401 PEMBROKE DR 1420 PEMBROKE DR 1355 ORCHARD RIDGE RD 1343 ORCHARD RIDGE RD MICHAEL ORLANDO BLOOM FIELD HILLS COUNTRY CLUB NASRIN PILOTZADA JOHN W COUCH TINA SUN JACKSON TRUST, LINDA MARIE JONATHAN HUGHES JEFFREY J LABRUZZY GREGORY J SCHWARTZ SR KHAWAR MOHSINI BLOOMFIELD HILLS COUNTRY CLUB EMMET DEN HA BENNIE W FOWLER CHARLES I GHESQUIERE JR RANDY JANCZYK MARC A GARDNER KENNETH EISENBERG KEVIN E COOKE VIJAY SAMUEL HADDAD TRUSTEE, JOHN P 0.505114 0.06962611 1.529601 1.48826 1.694971 2.232376 1.405585 1.762977 0.8736484 0.9508414 24.77026 2.274523 1.787141 0.4426036 2.762357 3.044703 2.149209 0,7173417 1.394935 1.807456 933.93 128,74 2,828.16 2,751.72 3,133.92 4,127.55 2,598.86 3,259.66 1,615,33 1,758.06 45,798.97 4,205.48 3,304.33 818.35 5,107.46 5,629.50 3,973.78 1,326.33 7,579.17 3,341.90 Exhibit A Proposed Multi-Year Assessment (5 Year Loan) 2018 2019 2020 2021 2022 212,74 712.74 212.74 212.74 212.74 29.32 29.32 29.32 29.32 29.32 644.23 644.23 644.23 644.23 644.23 626.81 626.81 626.81 626.81 626.81 713.87 713.87 713.87 713.87 713.87 940.21 940.21 940.21 940.21 940.21 591.99 591.99 591.99 591.99 591.99 742.52 742.52 742.52 742.52 742.52 367.96 367.96 367.96 367.96 367.96 400.47 400.47 400.47 400.47 400.47 10,432.55 10,432.55 10,432.55 10,432.55 10,432.55 957.97 957.97 957.97 957.97 957.97 752.69 752.69 752.69 752.69 752.69 186.41 186.41 186.41 186.41 186.41 1,163.43 1,163.43 1,163.43 1,163.43 1,163.43 1,282.34 1,282.34 1,282.34 1,282.34 1,282.34 905.19 905.19 905.19 905.19 905.19 302,12 302.12 302.12 302.12 302,12 587.51 587.51 587.51 587.51 587.51 761.25 761.25 761.25 761.25 761.25 CVT BLOOMFIELD HILLS AT-LARGE 6.06 11,204.64 Compiled by OW 10/5/17 CVT BLOOMFIELD TWP AT-LARGE + BLOOMFIELD TWP RESIDENTS 28.3535827 52,424,36 Assumed 4.5% Annual Interest for Loan Calculation RCOC OC ROAD COMMISSION 11,92289 22,044.83 TOTAL PROJECT COST $184,895.00 TOTAL BLOOMFIELD HILLS RESIDENT AMMOUNT (TOTAL REQUESTED LOAN VALUE) $99,221.18 Resolution #17307 October 26, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections.