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HomeMy WebLinkAboutResolutions - 1997.04.10 - 24937Miscellaneous Resolution No. 197064 , April 10 , 1997 BY: PLANNING AND BUILDING COMMITTEE CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ROBERT A. REID DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Drainage Board for the Robert A. Reid Drain, by resolution adopted on March 6, 1997, authorized and provided for the issuance by the Robert A. Reid Drainage District of its Drain Bonds in the aggregate principal amount of $5,555,000.00 (the "Drain Bonds") to defray the cost of the Robert A. Reid Drain; and WHEREAS, the Drain Bonds will be dated May 1, 1997, will bear interest at rates not to exceed 8% per annum, will mature in such years and principal amounts, and will be subject to redemption upon the terms and conditions set forth in the bond resolution; and WHEREAS, the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County of Oakland (the "County") for the payment of the principal of and interest of the Drain Bonds; and WHEREAS, the Robert A. Reid Drain is necessary to protect and preserve the public health, and, therefore, it is in the best interest of the County that the Drain Bonds be sold. NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on the Drain Bonds and agrees that, in the event the Charter Township of Bloomfield or the County of Oakland shall fail or neglect to account to the County Treasurer of the County for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of County funds all or any part of an installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for its reimbursement of such sums so paid. 3. The County Treasurer is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County a Notice of Intent to Issue an Obligation with respect to the Drain Bonds. ., ALL 4i • NING AND :UILDING COMMITTEE 4. The County Treasurer is authorized to approve the circulation of a preliminary and final official statement for the Drain 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 Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the County Bonds. 5. The County Treasurer is hereby authorized 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"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the 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. Mr. Chairperson, on behalf of the Planning and Building Committee, I moV. &adoption of the foregoing resolution. PROJECT: To locate, establish and construct the Robert A. Reid Drain TOTAL ESTIMATED COST: AMOUNT TO BE ASSESSED: PUBLIC CORPORATIONS: PERCENTAGES Charter Township of Bloomfield 62.48% County of Oakland 37.52% SPECIAL ASSESSMENT ROLL NO. 1 FOR ROBERT A. REID DRAIN (An Intra-County Drain in Oakland County, Michigan) NUMBER OF ANNUAL INSTALLMENTS: INTEREST: $5,555,000 $5,555,000 AMOUNT TO BE TO BE COLLECTED ASSESSED PREPAID IN INSTALLMENTS $ 3,470,764 $ -0- $ 3,470,764 2,084,236 -0- 2,084,236 20, due April 1 of each year, beginning 1998 Interest on unpaid installments to begin on May 1,1997 and to accrue at a rate not to exceed an amount sufficient to pay the interest on the bonds. Interest is payable October 1, 1997 and thereafter on April 1 of each year. PREPAYMENTS: None !--a) Chairman rainage Board INSTALLMENTS: Installment Number Charter Township County of Due April 1, of Bloomfield Oakland TOTAL 1 1998 $ 96,844 $ 58,156 $ 155,000 2 1999 124,960 75,040 200,000 3 2000 124,960 75,040 200,000 4 2001 124,960 75,040 200,000 5 2002 124,960 75,040 200,000 6 2003 124,960 75,040 200,000 7 2004 , 124,960 75,040 200,000 8 2005 124,960 75,040 200,000 9 2006 156,200 93,800 250,000 10 2007 . 156,200 93,800 250,000 11 2008 156,200 93,800 250,000 12 2009 156,200 93,800 250,000 13 2010 187,440 112,560 300,000 . 14 2011 187,440 112,560 300,000 15 2012 187,440 112,560 300,000 16 2013 218,680 131,320 350,000 17 2014 218,680 131,320 350,000 18 2015 249,920 150,080 400,000 19 2016 312,400 187,600 500,000 20 2017 312.400 187.600 500.000 53.470,764 52,084,236 $5,555,000 The foregoing roll was approved by the Drainage Board for the Robert A. Reid Drain on March 6, 1997. We hereby certify that the foregoing special assessment roll was prepared in accordance with the directions of the Drainage Board for the Robert A. Reid Drain and the statutory_provisions applicable there Chairman of*Tiainige Board Member WNIM09001\02921RI.L.SA.doe 4. ROBERT A. REID DRAIN APPORTIONMENT ......t. 1. APPORTIONMENT County of Oakland 37.52% State of Michigan 0.00% . Township of Bloomfield 62.48% TOTAL 100.00% I ESTIMATED PROJECT COST: Construction $3,829,870.75 Administration $1,725,129.25 TOTAL ESTIMATED PROJECT COST $5,555,000.00 I APPORTIONED COST . , County of Oakland $2,084,236.00 State of Michigan $0.00 Township of Bloomfield $3,470,764.00 TOTAL $5,555,000.00 4. BOND SALE: County of Oakland $2,084,236.00 State of Michigan $0.00 Township of Bloomfield $3,470,764.00 BOND SALE AMOUNT * $5,555,000.00 * Bond Sale Amount of $5,555,000.00 includes an amount to be returned to the Township of Bloomfield for repayment of funds advanced to the project to construct Phase 1. • Prepared by: Michael R. McMahon, P.E. Project Engineer Date: February 24, 1997 Date: February 24, 1997 dAmcmahon\rreid\estimatc.rev ROBERT A. REID DRAIN REVISED ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION , Construction Cost (Based upon bid) $3,829,870.75 Phase I $688,170.75 Phase II $3,141,700.00 CONTRACTED SERVICES - PROJECT DEVELOPMENT Engineering $384,000.00 Consulting Engineer $288,000.00 Material Testing & Soil Borings $96,000:00 Bond Counsel $25,650.00 Financial Counsel $12,900.00 Rating Agency Fees $10,000.00 Bond Prospectus $5,500.00 Printing & Publishing $3,500.00 Bond Discount (11/2 %) $83,300.00 COUNTY SERVICES - PROJECT MANAGEMENT Engineering $192,000.00 Administration $38,400.00 rRight of Way (Including Legal) $157,600.00 Construction Inspection $329,600.00 Surveying $96,000.00 Soil Erosion Permit $3,700.00 Contingencies (10%) $382,979.25 TOTAL ESTIMATED PROJECT COST $5,555,000.00 , Prepared By: Michael R. McMahon 1) Contracted Services: Construction Contract Cost Construction Cost - Phase! Construction Cost - Phase 2 TOTAL CONSTRUCTION CONTRACT COST 2) Contracted Services: Project Development & Financin Consulting Engineer Material Testing & Soil Borings Bond Counsel Financial Counsel Bond Rating Fees Bond Prospectus Bond Printing & Publishing Bond Discount (1.5%) TOTAL PROJECT DEVELOPMENT & FINANCING I 3) County Services Administration Engineering Right-of-Way Construction Inspection Survey Soil Erosion Permit TOTAL COUNTY SERVICES 4) CONTINGENCY TOTAL ESTIMATED PROJECT COST ROBERT A. REID DRAIN CONSTRUCTION COST ESTIMATE COMPARISON ESTIMATED POSTBID COST $688,170.75 $3,141,700.00 $3,829,870.75 $288,000.00 $96,000.00 $25,650.00 $12,900.00 $10,000.00 $5,500.00 $3,500.00 $83,300.00 $524,850.00 $38,400.00 $192,000.00 $157,600.00 $329,600.00 $96,000.00 $3,700.00 $817,300.00 $382,979.25 $5,555,000.00 ESTIMATED PREBID COST $687,752.75 $3,151,697,25 $3,839,450.00 $288,000.00 I $96,000.00 $25,650.00; $12,900.00 $10,000.00 i $5,500.00 $3,500.00 $86,400.001 $527,950.00 $38,400.00 $192,000.00 $157,600.00 $328,900.00 $96,000.00 $3,700.00 $816,600.00 I $576,000.00 I $5,760,000.00 ! POSTBID VERSUS PREBID $418.00 ($9,997.25) ($9,579.25) $0.00 i $0.00 i $0.001 $0.001 $0.00 $0.00 i $0.001 ($3,100.001 ($3,100.00i $0.00 $0.00 $0.00 $700.00 $0.00 $0.00 $700.001 4193,020.71 ($205,000.00i Prepared By: M McMahon COSTCOMP.WK4 02/24/97 e)UFGNIAJC7 te›-T. VeTeN-rtoo 5A5N I I b 2 L 5 x 1 .1r- t2/70 ' ez-to.o . 4( 0 MArt-e A II n.-t*11-1.FLAcE _ 6x.p5r. \is -1--<=4E-1-4 r7FAIN 1Z-0AP " A N. a 11 21" ST:14cm 17FAIN Exisl . MANII-to1-6 Fff-ft2set 1-1 1:73r Ai tn4 (1100EAT A.IiE1P RAW) DL.e.00ri 6 5 5 34 os t: t-Je L fZ i27pizt-41 1-J 1-11-.1-4 Ex.(-5-r. coo° I cizoki SW' F-Kler--. C • • 'I? 1-AFlet-E, 'VW 14 ILE t5k.490.4Fiek.12 Tv./ g exiST.c-t‘C-0 Pi al nleP, Foit4T ojeieG11,1141%4* ex sT J Lwr.-Tio _ exi.5T Wick.lo Ls DitAi psj DESIGNED BY: BY: GEORGE W. KUHN IDATE: 0>n._ ,Ds DRAWN BY: K-evi OAKLAND COUNTY DRAIN COMMISSIONER ONE PUBLIC WORKS DRIVE. WATERFORD, MICHIGAN 48328-1907 I OF I I 7-Ev. c)5 14t-J DRWG. NO. I ( FISCAL NOTE ( M i sc. #97064) BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ROBERT A. REID DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the issuance of drain bonds with the County pledging full faith and credit with the Township of Bloomfield as the primary obligor. 2. The principal amount of the bond issue is $5,555,000 at an interest rate not to exceed 8% to be paid back within 20 years. 3. The statutory limit for county debt is $3,574,495,398 (10% of 1996 State Equalized Value). As of 2/28/97, the outstanding debt is $330,661,984 or approximately .93% of the S.E.V. 4. Of the total project cost of $5,555,000, the County's apportionment is 37.52% ($2,084,236). The County's share will be financed with the bond sale. FINANCE AND PERSONNEL COMMITTEE Resolution #97064 April 10, 1997 Moved by Palmer supported by Taub the resolution be adopted. AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 10, 1997 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 10th day of April j,997. . D. Allen, County Clerk