HomeMy WebLinkAboutResolutions - 2018.09.27 - 23789(
MISCELLANEOUS RESOLUTION #18314 . September 5, 2018
BY: Commissioner Philip J. Weipert, Chairperson, Planning and Building Committee
IN RE: WATER RESOURCES COMMISSIONER - REQUEST FOR A NOT TO EXCEED $45,000 LOAN
FROM THE LONG TERM REVOLVING FUND FOR THE FIVE POINTS DRAIN EMERGENCY PIPE
REPAIR PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Five Points 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 Oakland Township; and
WHEREAS, the Five Points Drain was in need of repair due to a partial pipe collapse beneath the
intersection of Orion Road and Adams Road; and
WHEREAS, the Water Resources Commissioner responded to the emergency; procured the services of a
contractor; performed the work; and inspected the work for compliance with contract documents and
WRC standard specifications to repair the Five Points Drain ("Project") in the amount of $417,838
attached hereto as Exhibit A, with $41,403 of the project cost being the responsibility of the residents of
Oakland Township; and
WHEREAS, the Project consisted of replacing approximately 250 lineal feet of 12-inch diameter clay 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 Five Points 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 $45,000 to cover the Oakland Township 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, State
of Michigan, agrees to the contractual terms as follows:
1. The County hereby agrees to advance an amount not to exceed $45,000 to the Drainage District
in connection with a Project that consisted of replacing approximately 250 lineal feet of 12-inch
diameter 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 Five Points 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 funds will occur when the Water Resources Commissioner provides notice to the
County Treasurer and the County's Fiscal Services Department that all necessary Drain Code
proceedings have been completed.
BE IT FURTHER RESOLVED that the Chairperson is hereby authorized to execute an inter-local
agreement between Oakland County and the Five Points Drain Drainage District subject to the approval
as to form by Corporation Counsel.
Chairperson, on behalf of the Planning and Buildicig—Committee, I move the adoption of tlAr foregoing
resolution.
O'omnnissioner Ntilip J. 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: Philip J. VVeipert, Chairperson, Planning and Building Committee
FROM: Geoff S. Wilson, P.E. - Drain Maintenance Engineer
SUBJECT: Five Points Drain Emergency Repair Financing
DATE: August 6, 2017
The Oakland County Water Resources Commissioner's Office (WRC) responded to an emergency situation at
the Five Points Drain (Charter Township of Oakland, Chapter 4 Drain) and determined that approximately 250
feet of pipe replacement was necessary to alleviate flooding. 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 in such emergency situations.
The Five Points Drain Drainage District is comprised of 34 individual parcels in the Chatter Township of
Oakland. The drainage district is a special assessment district established under Chapter 4 of the Michigan
Drain Code.
If the funds are recouped by a single special assessment on the winter 2019 tax roll, each resident will pay the
amount summarized on the enclosed sheet. The enclosed sheet also identifies the estimated amount each
resident would pay if the loan is repaid over a five-year period.
On behalf of the Five Points Drain Drainage District, we are requesting a loan in the amount summarized on the
enclosed sheet to allow Oakland Township 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.: 11105/08
CONTRACT
THIS CONTRACT (hereafter, this "Contract") is made and entered into between the COUNTY
OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph
Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the FIVE POINTS DRAIN DRAINAGE
DISTRICT, a statutory public corporation established under the provisions of the Drain Code of 1956,
as amended, MCL 280.1 et seg. (hereafter, the "Drainage District"). In this Contract, either the
County and/or the Drainage District may also be referred to individually as a "Party' or jointly as the
"Parties."
WHEREAS, the Five Points Drain was established, designed, and constructed under the
Michigan Drain Code of 1956, as amended, MCL 280.1 et seq.(hereafter, the "Drain Code") and is
located in the Charter Township of Oakland; and,
WHEREAS, the Drainage District is a special assessment district established under Chapter 4
of the Drain Code; and,
WHEREAS, the Five Points Drain runs underneath the intersection of Orion Road and Adams
Road diagonally from northwest to southeast and was in need of repair due to a partial pipe collapse
beneath the intersection; and,
WHEREAS, the Water Resources Commissioner had responded to the emergency; procured
the services of a contractor; performed the work; and inspected the work to ensure compliance with
contract documents and WRC standard specifications to repair the Five Points Drain (hereafter, the
"Project") in the amount of $417,838, with $41,403 of the Project cost being the responsibility of
properties within the special assessment district located in the Charter Township of Oakland; and,
WHEREAS, the Project consisted of replacing approximately 250 lineal feet of 12-inch
diameter clay 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,
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 LongTerm Revolving Fund in an amount not to exceed $45,000;
Page 1 of 3
and
WHEREAS, the loan shall be repaid by the Drainage District from 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; and,
WHEREAS, pursuant to Miscellaneous Resolution No. , the County Board of
Commissioners agrees to advance an amount not to exceed $45,000 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 as follows:
1. The County hereby agrees to advance an amount not to exceed $45,000 to the Drainage
District in connection with the Project that consists of replacing approximately 250 lineal feet of
12-inch diameter clay 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 the Drain 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 on
, in accordance with the Loan Repayment Schedule attached hereto as Exhibit
A. The annual interest rate is percent, 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
procedures set forth in the Drain Code to make additional special assessments in order to fulfill
its obligations under this Contract.
Page 2 of 3
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 Contractor make execution impractical.
FOR AND INI 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 their respective Parties, and by doing so legally obligate and bind the
Parties to the terms and conditions ofthis Contract.
IN WITNESS WHEREOF, Jim Nash, Water Resources Commissioner, hereby accepts and
binds the Five Points Drain Drainage District to the terms and conditions ofthis Contract.
FIVE POINTS 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
Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this
Contract.
COUNTY OF OAKLAND
By:
Michael J. Gingell
Chairperson, Board of Commissioners
By:
Lisa Brown
Clerk/Register of Deeds
DATE:
DATE:
Page 3 of 3
Sub-Total $
960
8,087
9,398
1,610
20,055 Sub-Total
Exhibit A By: GSVV
Date: 8/1/18
Five Points Drain Emergency Repair - As-Built Project Costs
1) Contracted Services:
Overall Construction Cost
Easement Acquisition
2) WRC Emergency Response
Cofferdam Construction
Cleaning, Jetting, CCTV
Bypass Pumping
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 Cost
LS 1 $ 372,817 $ 372,817
- $
Sub-Total $ 372,817
9,460
7,706
7,800
24,966 Sub-Total $
GRAND SUBTOTAL $ 417,838
5) 0% Contingency
Final Project Cost $ 417,838
Exhibit A
Five Points Drain Emergency Repair - Total Assessment - $417,838.00. Prepared by GSW 8/1/2018
PROPOSED ANNUAL
AMOUNT
PIN SITE ADDRESS % AMOUNT (5 INSTALLMENTS*)
1017300003 2940 W BUELL RD 3.1118022 $13,002.29 $2,960.68
1017300004 2700 W BUELL RD 0.34235629 $1,430.49 $325.73
1017302002 2961 SPRING CT 0.21181412 $885.04 $201.53
1017302003 2949 SPRING CT 0.1608861 $672.24 $153.07
1017302004 2937 SPRING CT 0.04066876 $169.93 $38.69
1017302012 2960 PLUM CREEK DR 0.09329451 $389.82 $88.76
1017302013 2920 PLUM CREEK DR 0.18217237 $761.19 $173.33
1017302014 2900 PLUM CREEK DR 0.17762263 $742.17 $169.00
1017302015 2870 PLUM CREEK DR 0.0875704 $365.90 $83.32
1017303001 2921 PLUM CREEK DR 0.18717435 $782.09 $178.08
1017303002 2901 PLUM CREEK DR 0.21558885 $900.81 $205.12
1017303003 2871 PLUM CREEK DR 1 0.2244896 $938.00 $213.59
1017303004 2851 PLUM CREEK DR 0.40283056 $1,683.18 $383.27
1017303005 2821 PLUM CREEK DR 0.12967243 $541.82 $123.38
1017303006 2761 PLUM CREEK DR 0.08554807 $357.45 $81.39
1017303007 2741 PLUM CREEK DR 0.10098805 $421.97 $96.08
1017303008 2721 PLUM CREEK DR 0.2102331 $878.43 $200.02
1018426001 2630 ADAMS RD 0.28839217 $1,205.01 $274.39
1018426004 2708 ADAMS RD 0.10162545 $424.63 $96.69
1018426005 2738 ADAMS RD 0.16160092 $675.23 $153.75
1018426006 2756 ADAMS RD 0.21762032 $909.30 $207.05
1018426007 2766 ADAMS RD 0.16150427 $674.83 $153.66
1018426008 2788 ADAMS RD 0.37250886 $1,556.48 $354.42
1018426009 2650 ADAMS RD 0.32028249 $1,338.26 $304.73
1018476001 2800 ADAMS RD 0.42269639 $1,766.19 $402.17
1018476002 0.24477656 $1,022.77 $232.89
1018476005 2881 ORION RD 0.15631081 $653.13 $148.72
1018476006 0.36337835 $1,518.33 $345.73
1018476008 2900 ADAMS RD 0.25400918 $1,061.35 $241.67
1018476009 2950 ADAMS RD 0.23777049 $993.50 $226.22
1019226001 0.02538925 $106.09 $24.16
1020101001 0.44585714 $1,862.96 $424.20
1020101002 3130 ORION RD 0.13741339 $574.17 $130.74
1020101003 3160 ORION RD 0.03306091 $138.14 $31.46
TOTAL LOAN REQUEST - $41,403.19
*assumes 4.5% annual interest
REMAINING PROJECT CONTRIBUTORS (NOT INCLUDED IN LOANED AMOUNT)
CHARTER TOWNSHIP OF OAKLAND 50 $208,919.00
RCOC 40.0910911 $167,515.81
Resolution #18314 September 5, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18314) September 27, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: WATER RESOURCES COMMISSIONER — REQUEST FOR A NOT TO EXCEED
$45,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR THE FIVE POINTS DRAIN
EMERGENCY PIPE REPAIR 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 Five Points Drainage
District for a loan in the amount not to exceed $45,000 from the County's Long Term
Revolving Fund for the Charter Township of Oakland Residents' portion of the project cost.
2. The total project cost for the repair of the Five Points Drain is $417,838 with $208,919 of the
project cost being the responsibility of the Charter Township of Oakland, $167,516 Oakland
County's responsibility and $41,403 the responsibility of the residents of Oakland Township,
3. Miscellaneous Resolution (M.R.) #02019 authorized that monies be made available for loans
to local units for amounts up to $150,000.
4. The Five Points Drainage District is located within the Charter Township of Oakland; the
property owners located within the Five Points Drainage District will be responsible for their
portion of the project cost through a five (5) year special assessment.
5. The project will be managed by the Water Resource Commissioner for the Five Points
Drainage District and full repayment of the loan with the applicable interest rate is included in
the attached draft loan repayment schedule.
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 Five Points Drain.
7, Funding for Oakland County's share of the assessment of $167,516 for the roads at large has
already been included in the FY 2019 General Fund (#10100) Non-Departmental Drain
Assessments Current line item.
8. Also, M.R. # 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 to be charged will be the last
published Treasurer's pooled investment rate for the month of August 2018 is 2.232%.
9. Funding is currently available in the Long Term Revolving Fund to issue a loan in the not to
exceed amount of $45,000 to the Five 1;:opts Drainage District.
10. No budget amendment is required.
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall absent.
Resolution #18314 September 27, 2018
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APiinove 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 September 27,
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 27th day of September, 2018.
c"r7.7)ae_ Za'/
Lisa Brown, Oakland County