Loading...
HomeMy WebLinkAboutResolutions - 2018.04.19 - 23382MISCELLANEOUS RESOLUTION #18092 April 19, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: TREASURERMIATER RESOURCES COMMISSIONER — OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION, REFUNDING BONDS SERIES 2018 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS to the provisions of Chapter 21 of Act No. 40, Public Acts of Michigan 1956, as amended (the "Drain Code"), the Oakland Macomb Interceptor Drain Drainage District, (the "Drainage District") issued its Oakland-Macomb Interceptor Drain, Drainage District Bonds, Series 2010B, dated May 1, 2010, the Prior Bonds in the original principal amount of $6,700,000 which were issued for the construction of the Oakland-Macomb Interceptor Drain Project (the "Prior Bonds"); 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 and assessed against the following public corporations in Oakland County: 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 and assessed against the following public corporations in Macomb County: 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 the Prior Bonds remain outstanding in the aggregate principal amount of $4,880,000.00, mature in various principal amounts on May 1, in the years 2019 through 2030 and bear interest at rates per annum that vary from 4.70% to 5.90%; and WHEREAS Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") authorizes the Drainage District to refund all or any part of its funded indebtedness; and WHEREAS it is in the best interests of the Drainage District and those public corporations assessed for the cost of Oakland-Macomb Interceptor Drain Project that the Prior Bonds maturing in the years 2019 through 2030 be refunded (the "Project"); and WHEREAS the Drainage Board of the Oakland-Macomb Interceptor Drain Drainage District, by resolution adopted on February 18, 2018, authorized and provided for the issuance by the Oakland-Macomb Interceptor Drain Drainage District of its Refunding Bonds, Series 2018, in the aggregate principal amount of not to exceed $5,100,000 (the "Refunding Bonds") to defray part of the costs of the Project; 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 the Refunding Bonds are to be designated Oakland-Macomb Interceptor Drain Drainage District Refunding Bonds (Series 2018) (Limited Tax General Obligation) with such modifications and other designations as may be approved by resolution of the Drainage Board, in an aggregate principal amount not to exceed $5,100,000, with such bonds expected to be issued in approximately 180 to 210 days, 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 the Project is immediately necessary to protect and preserve the public health, and it is in the best interest of Oakland County that the Refunding 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. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and authorizes pursuant to Section 526 of the Drain Code, the Oakland County Board of Commissioners, by an affirmative vote of at least two-thirds (2/3) of its members — elect, does hereby irrevocable pledge the full faith and credit of Oakland County for the prompt payment of the principal of and interest on the Refunding Bonds, in one or more series, not to exceed in the aggregate amount of $5,100,000 and does agree that in the event any public corporations in Oakland County shall fail or neglect to pay to the Oakland County Treasurer 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 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 Treasurer, the Oakland County Treasurer, is directed to make such advancement to the extent necessary. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED the Oakland County Executive, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for the State Treasurer's Approval to Issue Bonds with respect to the Bonds. BE IT FURTHER RESOLVED 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, if necessary, to approve the circulation of a preliminary and final official statement for the Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Executive, the County Treasurer, or any other official, or their respective designees, are authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Bonds. BE IT FURTHER RESOLVED the County Executive, the County Treasurer and any other official of Oakland County, and their respective designees, or any of them, are hereby authorized, if necessary, to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). To the extent a Continuing Disclosure Certificate is executed and delivered, the 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 the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. BE IT FURTHER RESOLVED all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resplution, /4 /) Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee MR MM." MUNICIPAL FINANCIAL CONSULTANTS MVO INCORPORATED MEMORANDUM TO: Jim Nash Oakland County Water Resources Commissioner FROM: Steven A. Burke, CFA Municipal Financial Consultants Incorporated DATE: March 19, 2018 RE: Oakland-Macomb Interceptor Drain Drainage, District Drain Bonds, Series 2010b MFCI has updated the refunding analysis for this issue. The rates used for this analysis are the most up to date estimates we have as of today, 3/19/18. The savings of this refunding are estimated to be about $124,000 and 2.2%. The 5-year and 10-year interest rate markets have climbed over 20% since our previous refunding analysis in December. The rate of change at which rates are rising is well outside of normal market conditions. For example, the 5-year rate is now 3 standard deviations away from the 5 year mean. Without diving too far into the minutiae of the statistics and theory, this is likely a less than 1% probability event. If these bonds were to be sold today they would be very close to achieving the required savings to undertake this refunding. Because of the size of this issue, even a small decline in rates will move this refunding back into the acceptable threshold for savings. In this case, a 10 basis point reduction in the interest rate adds an additional 1% to the overall savings. Our recommendation is to authorize the borrowing now but only move forward with a sale if we can reasonably expect to achieve over a 2% present value savings. This would give the District the flexibility to act quickly if market conditions improve. We will monitor market conditions and can be in position to sell on as little as a 3 week notice. The District would not incur any costs until a decision was made to move forward with a sale (the first cost would be the credit rating). As you know these bonds are apart of the Recovery Zone Economic Development Program. This program was designed to give the County a rebate of 45% of the interest paid on these bonds. Due to the ongoing sequester, this rate was set at 42.03% for fiscal year 2018, By refunding these bonds the County will no longer have the payment uncertainty that has surrounded this program. If you have any questions, please feel free to call me. Enclosures Oakland-Macomb Interceptor Drain Drainage District Drain Refunding Bonds, Series 2018 $4,740,000.00 Sources & Uses of Funds Doled: 05/01/2018 I Delivered: 05/30/2018 Sources Par amount of bonds .................... „ „ . „ . „ , Accrued interest Original issue premium„ . , . „ . „ . , , ...................................... ............ ..... „ ....... „ Issuer Interest Escrow Interest Totals: Uses Amount of bonds called Accrued interest . „ .......... ......................... Underwriter discount ($10.000) ......................... ................ „ Other issuance costs Interest Due Contingency fund ..................... . ..... „ „ „ . ................ • • • ...... • • • • • • • • • • • • • • • • • • • • • • • • • Totals: $4,740,000.00 $10,963,62 $119,583.10 $38,278.32 $5,900.00 $4,914,725.04 $4,755,000.00 $10,963.62 $47,400.00 $60,000.00 $38,278.32 $3,083.10 $4,914,725.04 0AKMAC0MB-2018-Z I FY: 1 I Mun-EaseElevaleMainD15110.99v EDB I 03/19/2018110:11 Municipal Financial Consultants Inc. Oakland-Macomb Interceptor Drain Drainage District Drain Refunding Bonds, Series 2018 $4,740,000.00 Refunding Savings Report Dated: 05/01/2018 Delivered: 05/30/2018 Calendar Thincipal Coupon Interest Total Fiscal Total Prior Debt Cumulative Date Payment Rate Payment Debt Service Debt Sereice Semite Savings Savings 10/0112018 04/01/2019 10/01/2019 04/01/2020 10/01/2020 04/01/2021 10/01/2021 04/01/2022 10/01/2022 04/01/2023 10/01/2023 04/01/2024 10/01/2024 04/01/2025 10/01/2025 04101/2026 10/01/2026 04/01/2027 10101/2027 04/01/2028 10/01/2028 04/01/2029 10/0112029 04/01/2030 10/01/2030 300,000.00 310,000.00 325,000,00 340,000.00 360,000.00 380,000.00 400,000.00 420,000,00 445,000.00 460,000.00 490,000.00 610,000.00 56,708.33 68,050,00 65,050 00 65,050.00 61,950.00 61,950,00 57,075.00 57,075.00 51,975.00 51,975,00 46,575.00 46,576.00 40,875.00 40,875.00 34,875.00 34,876.00 28,575,00 28,575.00 21,900.00 21,900.00 15,000,00 16,000.00 7,650.00 7,660 00 56,708.33 368,050.00 65,050.00 375,050.00 61,950.00 386,950.00 57,075.00 397,075.00 51,975.00 411,975.00 46,575.00 426,575,00 40,875.00 440,875.00 34,575.00 454,875,00 28,575.00 473,575.00 21,900.00 481,900,00 16,000.00 505,000.00 7,650.00 517,650,00 56,708.33 433,100.00 437,000.00 444,025,00 449,050.00 458,550,00 467,450.00 475,750,00 483,450.00 495,475,00 496,900.00 512,650,00 517,650.00 76,551.73 444,084.08 450,661.15 456,454.10 461,477.50 470,618 20 478,929.90 486,319.80 492,773.40 503,225.50 507,664.60 521,248.50 528,892.00 19,843.39 10,984.08 13,661.15 12,429.10 12,427.50 12,088.20 11,479.90 10,569.80 9,323.40 7,750.60 10,764.50 8,698.50 11,242.00 19,843.39 30,827.47 44,485.62 88,917.72 69,345.22 81,413.42 92,593.32 103,453.12 112,786.52 120,537.02 131,301.52 139,900.02 181,142.02 2.000 2.000 3.000 3.000 3.000 3 000 3.000 3.000 3.000 3.000 3.000 3,000 4,740,000.00 987,758.33 5,727,758.33 5,878,900.35 181,142.02 + Accrued Interest -10,963,62 10,983.62 - Total Outside Sources (included in calcel -38,278.32 4,740,000.00 987,758.33 5,716,794.71 6,878,900.35 123,827.32 104,855.99 (Net of Accrued Interest) 2.2062 % 2.2122 % 2.5662780 2.5647967 Present Rine Servings discounted at 2.5647967 % Equals Discounted Servings as a Percentage of Refunded Bonds Discounted Savings as a Percentage of Refunding B0116 Escrow Field Arbitrage Yield Limit (AYL) OAKMACOM8-2018-Z 1 FY: 1 I Mun-EaseElevateMainflb I 16.99v FOR I 03119/2018 I 10:11 Municipal Financial Consultants Inc. ***Wei &wings (+/)'*' -)**), Per- iods Discounted Total Debt Serniee Debi S ve PV Faaor Beads Called Oakland-Macomb Interceptor Drain Drainage District Drain Refunding Bonds, Series 2018 $4,740,000.00 Refunding Verification Report Dated: 05101/2018 Delivered: 05/30/2018 Calendar Dale ******Belbre Reiremling""" OutFianding 11 lel Debt Indebtedness Service ******orivm I-*** Otastandkg Total 'Jell, Indebtedness S'ernice 4,755,000,00 0.1722 0.6722 1.6722 2.6722 3 6722 4 6722 5 6722 6,6722 7,6722 8,6722 9,6722 10,5722 11.6722 12.6722 13.6722 14.6722 15.6722 16.6722 17.6722 18.6722 19,6722 20,6722 21.6722 22.6722 23.6722 5,727,758 33 4,755,000.00 -10,96322 5,716,794 71 4,755,000.00 05/30/2018 07/0112018 10/0112018 04/01/2019 10/01/2019 04/01/2021) 10101/2020 04/01/2021 10/01/2021 04/01/2022 10/01/2022 04/01/2023 10/01/2023 04/01/2024 10/01/2024 04/01/2025 10/G1/2025 04/01/2026 10/01/2026 04/01/2027 10/01/2027 04/01/2028 10/01/2028 04/01/2029 10101/2029 04101/2030 4,755000.00 4,460,000.00 4,460,000.00 4,150,000.00 4,150,000.00 3,825,000.00 3,825,000.03 3,485,000.00 3485,000.00 3,125,000,00 3,125,000 00 2745,000 00 2,745,000 00 2,345,000,00 2,345,000,00 1,925,000,00 1,925,000,00 1,480,000,00 1,480,000,00 1,015,000.00 1,015,00000 520,000.00 520,000.00 76,551.73 371,551.73 72,532.35 382,532.35 68,128.80 393,128.80 63,325.30 403,325.30 58,152.20 410,152.20 52,466.00 432,466.00 46,463.90 446,463.90 39,855.90 459,855.90 32,917.50 477,917.50 25,308.00 490,308.00 17,356.50 512,356.50 8,892,00 528692.00 5,878,900.35 5,878,900.35 9,480,000,00 4,740,000,00 4,740,000,00 4,440,000,00 4,440,000,00 4,130,000,00 4,130,000,00 3,80500.00 3,805,000.00 3,465,000.00 3,465,000.00 3,105,000.00 3,195,000.00 2,725,00000 2,725,000.00 2325,000.00 2325,000.00 1,905,00000 1,905,002.00 1,462,002.00 1,462,000.00 1,000,000.00 1,000,000.00 5i 0,00000 510,002.00 55,708.33 36E1,050.00 65,050.00 375,050.00 61,950.00 386,950.00 57,075.00 397,075.00 51,975.00 411,975.00 46,575.00 426,575,00 40,875,00 440,875.00 34,875.00 454,875.00 28575.00 473,575.00 21,900.00 481,900.00 15,000.00 505,000.00 7,950.00 517,650.00 -38,278.32 19,843.39 3501.72 7482.35 7482.35 6,178.80 6,178,60 6,250.30 6,25030 6,177,20 6,17720 5,891,00 5,891.00 5,588,90 5,588.90 4,980.90 4,980.90 4,342.50 4,342.50 3,408.00 8,408.00 2,356.50 7,356,50 1,242.00 11,242,00 112,863.70 10,963.62 123,827.32 1.0000000 0.9978079 0.9914708 0.9789172 0.9565225 0.9542848 0.9422020 0.9302722 0.9184935 0.9066639 0,8953815 0,8840445 0,8728511 0,8617994 0,8508876 0,8401140 0,8294768 0,8189743 0,8086048 0.7983665 0.7882579 0.7782773 0.7684231 0.7586936 0.7490873 0,7396027 -38,278.32 19,674,14 3,427.90 7,231.86 7,140.29 5,821.68 5,747.97 5,740.86 5,668.17 5,530.95 5,460.92 5,141.97 5,076.86 4,755.53 4,695.31 4,131.54 4,079.23 3511.37 3,466.91 2,686.38 6,543.76 1,810.79 5,58133 930.37 8,314,61 93,892,37 10,963,62 104,855,99 Totals Before Accrued Interest Accrued Interest Totals After Accrued Interest Discounted Savings as a Percentage of Refunded Bonds 2.2052 Escrow Yield 2.6662780 Discounted SaVings as or Percentage of Refunding Bond 2.2122 Arbitrage Yield Limit (AYL) 2.6647967 Discount Factor 2.5647967 OAKMACOMB-2016-Z I FY 1 1 Mun-EaseElevateMainDb I 16.995 ERB 103/19/2018 I 'tall Municipal Financial Consultants Inc. Oakland-Macomb Interceptor Drain Drainage District Drain Refunding Bonds, Series 2018 $4,740,000.00 Summary of Refunded Bonds Dated: 05/0112018 1 Delivered: 05/30/2018 Maturity Coupon Mahal.ry Call Amou fit .1:06 Rate Dale Price Called? Date Called 0.667 0,841 1.275 1.420 2.000 2.174 2.261 2.522 2.725 2,841 2.956 3.043 3.159 3.159 3.304 3.304 3.420 3.420 3.420 3.420 100.000 100.000 100.000 100.000 100.000 100.060 100.000 100.000 100.000 100.000 100,000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100,000 100.000 OAKMACOMB-2010-A Sena/ Bonds 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 Bond Totals: Grand Totals: 190,000.00 225,000,00 230,000.00 240,000.00 250,000.00 260,000.00 270,000.00 280,000.00 295,000,00 310,000.00 325,000.00 340,000.00 360,000.00 380,000.00 400,000.00 420,000.00 445,000.00 465,000.00 495,000.00 520,000.00 6,700,000.80 6,700,000,00 4/1/2011 4/1/2012 4/1/2013 4/1/2014 4/1/2015 4/1/2016 4/1/2017 4/1/2018 4/1/2019 4/1/2020 4/1/2021 4/1/2022 4/1/2023 4/1/2024 4/1/2025 4/1/2026 4/1/2027 4/1/2028 4/1/2029 4/1/2030 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 07/01/2018 295,000.00 310,000.00 325,000.00 340,000.00 360,000.00 380,000,00 400,000.00 420,000.00 445,000.00 465,000.00 495,000.00 520,000.00 4,765,000.00 4,755,000.00 OAKMACOMB-2018-Z 1 FY: 11 Mun-EaseElevateMainDb I 16.99v FDBI 03/19/2018110:11 Municipal Financial Consultants Inc. Resolution #18092 April 19, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (19) 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 HEREENAPPROVE 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 April 19, 2018, 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 191h day of April, 2018. Vf-fe n Lisa Brown, Oakland County