HomeMy WebLinkAboutResolutions - 2017.11.09 - 23180REPORT (MISC. #17307) November 9, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance 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:
The Finance Committee, having reviewed the above referenced resolution, recommends the following
corrections:
Update pages one through four of the attached contract due to several changes made by the
department; see attached.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #17307 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, estabiished 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.
(
Commiaefier Philip Weipert, District #8
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 402019
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: 11105/08
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.
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. Gingell, 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. Gingell, Chairperson
DATE:
Lisa Brown
County of Oakland Clerk/Register of Deeds
Page 4 of 4
By: GSW
Date: 10/5/17
Exhibit A
Oak Knob Rehabilitation 2017 - As-Built Project Costs
1) Contracted Services: Unit Qty Unit Price Cost
Overall Construction Cost
Easement Acquisition
LS 1 $
$
158,300 $
- $
Sub-Total $
158,300
158,300
2) Project Development
Design/Con Engineering - by HRC
Cleaning, Jetting, CCTV
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
5) 0% Contingency
$
$
$
Sub-Total $
9,110
8,580
3,600
21,290
Sub-Total $
$ 960
$ 735
$ -
$ 3,610
$ -
Sub-Total $ 5,305
GRAND SUBTOTAL $ 184,895
$
Final Project Cost $ 184,895
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 BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOM FIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS BLOOMFIELD HILLS 3601 LAHSER RD 350W LONG LAKE RD 3645 LAHSER RD 37151AHSER 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 BLOOMFIELD HILLS COUNTRY CLUB NASRIN PiLOTZADA JOHN W COUCH TINA SUN JACKSON TRUST, LINDA MARIE JONATHAN HUGHES JEFFREY.] LABRUZZY GREGORY J SCHWARTZ SR KHAWAR MOHSINI BLOOMFIELD HILLS COUNTRY CLUB EMMET DEN HA BEN NIP W FOWLER CHARLES J GHESQUIERE JR RANDY JANCZYK MARC A GARDNER KENNETH EISENBERG KEVIN E COOKE VIJAY SAMUEL HADDAD TRUSTEE, JOHN P 0.505114 0.06952611 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 Oak Knob Drain - Bloomfield Hills Resident Assessment and Projected Loan Repayment PIN AGENCY SITE ADDRESS NAME SINGLE YEAR AMMT 933.93 128.74 2,828.15 2,751.77 3,133.92 4,127.55 2,598.85 3,259.56 1,515.33 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 2,579.17 3,341.90 Exhibit A Proposed Multi-Year Assessment (5 Year Loan) 2018 2019 2020 2021 2022 212.74 212.74 212.74 212.74 212.74 29.32 29.32 29.32 29.32 29.32 644.23 644.23 644.23 644.23 644.23 626.81 626.81 625.81 626.81 625.81 713.87 713.87 713.87 713.87 713.87 940.21 940.21 940.21 940.21 940.21 591.99 591.99 591.99 591.99 591.99 742.52 742.52 742.52 742.52 742.52 357.95 367.96 357.96 367.96 367.96 400.47 400.47 400.47 400.47 400.47 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 1,153.43 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 COT BLOOMFIELD HILLS AT-LARGE 5.05 11,204.64 Compiled by OW 10/5/17 COT 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
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").
WHEREAS, the Oak Knob Drain is part of the Drainage District established, designed and
constructed under the Michigan Drain Code of 1956, MCL 280.1 et seq., as amended ("Drain Code")
and includes properties in both the City of Bloomfield Hills and the Charter Township of Bloomfield;
and,
WHEREAS, the Drainage District is a special assessment district established under Chapter 4
of the Drain Code; and,
WHEREAS, the Oak Knob Drain runs underneath Lahser Road from 400 feet south of Long
Lake to its terminus at a branch of the Rouge River and 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
$184,895.00, with $99,221.18 of the project cost being the responsibility of properlies within the special
assessment district located in the City 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 No. 02019, adopted February 21, 2002, established a
Long Term Revolving Fund to assist local units of government by offering loans to finance water or
sewer projects that do not require the issuance of bonds; and,
Page 1 of 4
WHEREAS, Miscellaneous Resolution No. 02019 authorized project loans up to $150,000; and,
WHEREAS, in order to pay for the costs associated with the Project, the Drainage District has
requested a loan from the County's Long Term Revolving Fund in an amount not to exceed $99,250.00;
and,
WHEREAS, the loan shall be repaid by the Drainage District from the special assessment
revenue received by the Drainage District pursuant to the Loan Repayment Schedule attached hereto
as Exhibit A, and will be further secured by the full faith and credit pledge of the Drainage District.
WHEREAS, pursuant to Miscellaneous Resolution N o ) 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 Miscellaneous Resolutions Nos. 02019
and 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 asfollows:
1. The County hereby agrees to advance an amount not to exceed $99,250.00 to the Drainage
District in connection with the 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 forthe
Project as approved by the Drainage District in accordance with teDrain Code.
3. The Drainage District shall reimburse the County for all funds advanced including interest, in
accordance with the Loan Repayment Schedule attached hereto as Exhibit A, with the special
assessments levied and collected from certain 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.
Page 2 of 4
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
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 alterthe Contractormake 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
By: DATE:
Jim Nash Oakland County Water Resources Commissioner
IN WITNESS WHEREOF, Michael J. Gingell, 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.
COUNTY OF OAKLAND
Page 3 of 4
DATE:
Michael J. Gingell, Chairperson
DATE:
Lisa Brown
County of Oakland Clerk/Register of Deeds
Page 4 of 4
CONTRACT
THIS CONTRACT (hereafter, this"Contract") Is madeandentered into between the COUNTY OF
OAKLAND, aM ichigan Constitutional and Municipal Corporation, whose address is 1200 NorthTelegraph
Road, Michigan 48341 (hereafter, the "County"), and OAK KNOB DRAIN DRAINAGE DISTRICT
(hereafter, the "Drainage District).
Recitals.
WHEREAS, the Oak Knob Drain is part of the Drainage District was-established,
designed and constructed under the Michigan Drain Code of 1956, MCL 280.1 at seq., as amended
("Drain Cede") and includes properties in both is-leeated-in the City of Bloomfield Hills and the Charter
Township of Bloomfield; and,
WHEREAS, the Drainage District Is a special assessment district established under
Chapter 4 of the Drain Code; and,
WHEREAS, the Oak Knob Drain runs underneath Lahser Road from 400 feet south of
Long Lake to its terminus at a branch of the Rouge River and was in need of rehabilitation due to poor
pipe condition and potential for pi pecollapse 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
$184,895.00 attashed-haretwas-Exhibit-A, with $99,221.18 of the project cost being the responsibility of
properlieswilfiln the medal assessment district located in the-testeentsof the City 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 No.#_02019, adopted February 21, 2002, established
a Long Term Revolving Fund to assist local units of government by offering loans to in-the-financeing
of-inftastr-setsfe water or sewer projects that do not require the issuance of bonds; and,
Page 1 of 4
Formatted: Indent: Left: 0.13'', Right: 0.05'1
WHEREAS, Miscellaneous Resolution No. /f_02019 authorized prolect loans up to $150,000; and,
VVHEREAS, in order to pay for the costs associated with the Project, the Oak-Knob--Drain
Drainage District has requested a loan fromand the County" s-has-agFeecl-towovideanodvaneefronthe
Long-_Term Revolving Fund in an amount not to exceed $99,250.00:• and —T-h&oan-with-applicable
intercct chall bc paid in fultand-shad-be-assessee-agalost-the-cira'mage-cli-strick45)-annualjnstailments
beg4eniog-atme-t.hall-tge,determired ata future date-to-cover the aloomfield-14111s-Residen1sortion
ef-the-pr-eject cost-w4h-the-uhdergianding that the Bloomfield-Hills Residents-of-the-Drainage-District
awees-te-pay back-te-theCouaty.overaperlodoffive(-5)-yearswith-assessmentsen-oropertiesbenefiling
fFenithePeajea.
WHEREAS the loan shall be repaid by the Drainage District from the special assessment
revenue received by the Drainage Ustrict pursuant to the Loan Repayment Schedule attached hereto
as Exhibit A and will be further secured by the full faith and credit pledge of the Drainage District.
WHEREAS, pursuant to Miscellaneous Resolution N o.# {hcrcingfle , the
County Board of Commissioners agrees to advance an amount notto exceed $99,250.00 tothe Drainage
District upon the terms and conditions set forth In this Contract.
NOW, THEREFORE BE IT RESOLVED, pursuant to Miscellaneous Resolutions Nos .#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, theParlies agreeasfoliows:
1. The County hereby agrees to advance an amount not to exceed $99,250.00 to the Drainage
District in connection with illec+Project that consists of lining approximately 560 lineal feet of 22-
inch to 24-inch d lameter clay and concrete pipe.
2. The amountadvanced by the County shall be applied to the allowable costs as authorized forthe
ciprojectas approved by the Drainage District in accordance with 1-eDrain Code
3. The Drainage District shall reimburse the County for all funds advanced including interest in
accordance with the attached-Loan Repayment Schedule attached hereto as Exhibit A with
the special assessments levied and collected from certainthe properties within the drainage
district established and approved by the Drainage District in accordance with the procedures
Page 2 of 4
( Formatted: Font 9.5 pt
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 ccontract, the Drainage District shall proceed in accordance with the
procedures set forth in the Drain Code to make additional special assessments in order tofulfill
its obligations under this cContract
6. If any provision of this cContract 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 altertheeContractormakeexecution 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
DATE:
Jim Nash Oakland County Water Resources C_ommissioneL
Formatted: Indent: Left: 0.11", Hanging: 0.01', Right:
0.05", tine spacing: Multiple 1.1411, Tab stops: 6.06',
Left
Page 3 of 4
Gommissioner
DATE:
IN WITNESS WHEREOF, Michael J. Gingell, 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.
Formatted: Indent: Left al '', Line spacing: Exactly 1 )
COUNTY OF OAKLAND
DATE:
Michael I Gingell,
Chairperson
DATE:
Lisa Brown
County of Oakland Clerk/Register of Deeds
Resolution #17307 October 26, 2017
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #17307) November 9, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes an agreement between the County and Oak Knob Drainage
District for a loan in the amount not to exceed $99,250 from the County's Long Term
Revolving Fund for the City of Bloomfield Hills portion of the project cost.
2. Miscellaneous Resolution (M.R.) #02019 authorized that monies be made available for
loans to local units for amounts up to $150,000.
3. The Oak Knob Drainage District is located within two communities; the City of Bloomfield
Hills and the Charter Township of Bloomfield.
4. The Charter Township of Bloomfield will pay its residents' portion of the project cost.
5. The City of Bloomfield Hills property owners, located within the Oak Knob Drainage
District will be responsible for their portion of the project cost through a five (5) year
special assessment.
6. The Water Resources Commissioner is authorized to compute all the costs and prepare
a special assessment roll for all the lands benefited by the Oak Knob Drain.
7. Also, MR# 89276 states that an interest rate no less than the prevailing six-month
Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower
than the average interest rate from the Treasurer's pooled investments and therefore the
rate to be charged will be the last published Treasurer's pooled investment average
annual rate for the month of September 2017 is 1.385%.
8, Funding is currently available in the Long Term Revolving Fund to issue a loan in an
amount up to $99,250 for the Oak Knob Drainage District.
9. No budget amendment is required.
'114r4
COmmissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #17307 November 9, 2017
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack,
Berman, Bowman. (21)
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 APPAOVE '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 November 9,
2017, 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 9th day of November, 2017.
Lisa Brown, Oakland County