HomeMy WebLinkAboutResolutions - 1998.08.06 - 25280Miscellaneous Resolution #98164 - THE NORTH ARM RELIEF DRAIN DRAINAGE
DISTRICT: EXECUTION OF THE INTERLOCAL AGREEMENT; EXECUTION OF
CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO EXCEED THREE MILLION
TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT
($3,286,528.00) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS
ASSESSMENT FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT
This resolution was introduced at the July 16, 1998 Board of Commissioners' meeting.
The resolution was adopted on that date. On August 6, 1998, a motion was made to reconsider;
the resolution and Agreement were amended and adopted. (See folder for August 6, 1998
meeting for complete copy)
'a
July 16, 1998
MISCELLANEOUS RESOLUTION # 98164
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT; EXECUTION OF THE
INTERLOCAL AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS
NOT TO EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED
TWENTY-EIGHT ($3,286,528.00) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO
PAY ITS ASSESSMENT FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT.
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Act 40 of the Public Acts of 1956, as amended [hereinafter referred to
as the Drain Code], the Cities of Birmingham and Royal Oak have petitioned the Drain Commissioner's
office to construct the North Arm Relief Drain to reduce basement flooding; and
WHEREAS, pursuant to Chapter 20 of the Drain Code, the Drainage Board, having determined
that a drainage project is necessary for the public health, and further determined that drainage facilities be
located, established and constructed with the costs thereof to be assessed wholly against the public
corporations [as defined by the Drain Code] benefiting from said project; and
WHEREAS, there is an urgent need for said drainage facilities to alleviate flooding thereby
promoting the health and welfare of the residents located within the North Arm Relief Drain Drainage
District [hereinafter referred to as the Drainage District]; and
WHEREAS, the total project costs for the North Arm Relief Drain is estimated to be $17,920,000;
and
WHEREAS, pursuant to Chapter 20 of the Drain Code, by final order of apportionment issued by
the Drainage Board, the public corporations to be assessed for said Drain include the Cities of Birmingham,
Clawson, Madison Heights, Royal Oak, Southfield, and Troy; the Village of Beverly Hills; the County of
Oakland; and the State of Michigan; and
WHEREAS, at the present time, the Drainage District is not able to issue bonds to finance
construction of the North Arm Relief Drain because of pending litigation instituted by the City of Clawson,
a public corporation to be assessed with a portion of the total project cost for the Drain; and
WHEREAS, in order to proceed with the construction of the Drain, the City of Royal Oak has
agreed to sell revenue bonds to the Michigan Bond Authority, as a part of the State Revolving Funds [SRF]
Program at a favorable interest rate of 2-1/4%; and
WHEREAS, in order to finance and construct the North Arm Relief Drain, all public agencies and
corporations to be assessed the costs for said Drain, except the City of Clawson, have been requested to
execute the attached Interlocal Agreement; and
WHEREAS, at the Village of Beverly Hills and the cities of Birmingham, Madison Heights, Royal
Oak, Southfield and Troy have or will have executed the attached Interlocal Agreement; and,
WHEREAS, pursuant to Chapter 20 of the Drain Code, specifically Section 479 [MCL 280.479],
the County of Oakland is authorized to advance moneys for the payment of any part of the cost of the
drainage project constructed under Chapter 20 of the Drain Code of 1956 and be reimbursed by the
Drainage District with interest when funds are available therefor; and
WHEREAS, pursuant to Chapter 20 of the Drain Code of 1956, Section 479, the County of
Oakland is willing to advance moneys for the estimated share of the North Arm Relief Drain to be assessed
against the City of Clawson by the Drainage District, in an amount not to exceed $3,286,528, to the
Drainage District, and be reimbursed by the Drainage District in accordance with the terms of the attached
Contract between the Drainage District and the County of Oakland [Appendix 3 of the Interlocal
Agreement]; and
WHEREAS, the County of Oakland has been assessed on account of the County roads located
within the Drainage District $180,275.20.
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote.
IJ MO HUNDRED LLA
( 41 •
NOW THEREFORE BE IT RESOLVED:
(1) APPROVAL OF INTERLOCAL AGREEMENT.
The Interlocal Agreement among the County of Oakland, the North Arm Relief Drain Drainage
District, the State of Michigan, the Village of Beverly Hills, and the Cities of Birmingham, Madison
Heights, Royal Oak, Southfield, and Troy, to permit the immediate construction of the North Arm Relief
Drain by the North Arm Relief Drain Drainage District, which said Agreement having been submitted to
the Board of Commissioners and reviewed by the County's Department of Corporation Counsel, is hereby
approved and adopted, and the Chairperson is hereby authorized to execute and deliver the same for and
on behalf of the County provided and until such time that the Village of Beverly Hills and the cities of
Birmingham, Madison Heights, Southfield and Troy have executed the same.
(2) APPROVAL OF CONTRACT FOR ADVANCE AND REPAYMENT OF A SUM NOT
EIGHTY,SIX THOUSAND FIVE HUNDRED
TWENTY-EIGHT ($3,286,528.00) DOLLARS.
Pursuant to Act 40 of the Public Acts of 1956 (commonly known as the Drain Code of 1956), and
provided and until such time that the Village of Beverly Hills and the cities of Birmingham, Madison
Heights, Southfield and Troy have executed the Interlocal Agreement, the Board of Commissioners does
hereby approve and adopt the contract between the County and the North Arm Relief Drain Drainage
District providing for the advancement and repayment of a sum not to exceed $3,286,528, and the
Chairperson is hereby authorized to execute and deliver the same for and on behalf of the County. Upon
execution of said contract, the County Treasurer is hereby authorized to transfer and deliver said amount
of funds from the Delinquent Tax Revolving Fund to the General Fund; and, the General Fund will then
advance said funds to the Drainage District.
(3) APPROVAL FOR COUNTY TO PAY ITS ASSESSMENT FOR COUNTY ROADS
LOCATED IN DRAINAGE DISTRICT.
The Board of Commissioners does hereby authorize its participation in the Royal Oak bond issue
in the amount of $180,275.20 as its assessment on account of the County roads located within the Drainage
District.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Hes E. Palmer, Carperson
a
10, : •
OAKLAND COUNTY DRAIN COMMISSIONER
REVISED MEMORANDUM
DATE: June 30, 1998
TO: Mr. Charles E. Palmer, Chairperson
Planning & Building Committee
FROM: Glen Yrjanainen, P.E./P.S., Chief Deputy Drain Commissioner
SUBJECT: North Arm Relief Drain; Execution of Interlocal Agreement; Execution of
Contract to Advance and Repay Funds for Clawson's Apportioned Project
Share; Authorization for County of Oakland to Pay Their Apportioned Share
as an Upfront Cash Payment
Enclosed are several copies of a Board of Commissioners' Resolution, prepared for us by the
Oakland County Department of Corporation Counsel, regarding the North Arm Relief Drain.
Also included are documents, etc., in support of the Resolution.
As you are aware, the Cities of Birmingham and Royal Oak have petitioned the Drain
Commissioner's Office in accordance with the provisions of Act 40 of the Public Acts of 1956,
to construct the North Arm Relief Drain, to lessen the impact of basement flooding in their
communities. It was subsequently determined that the cost of the proposed $17,920,000.00
project be allocated as follows to the public entities comprising the overall watershed:
Public Entity Apportionment % Cost Allocation
Beverly Hills 2.578% $ 461,977.60
Birmingham 21.175% $ 3,794,560.00
Clawson 18.340% $ 3,286,528.00
Madison Heights 0.187% $ 33,510.40
Royal Oak 47.836% $ 8,572,211.20
Southfield 0.544% $ 97,484.80
Troy 6.509% $ 1,166,412.80.
State of Michigan 1.825% $ 327,040.00
County of Oakland 1.006% $ 180,275.20
TOTAL 100.000% $ 17,920,000.00
•
The City of Clawson then filed litigation against the project challenging its necessity and their
apportionment percentage. The matter is still pending, and has not yet been resolved.
To provide funds to be able to proceed with the project at this time, before the said litigation is
settled, the City of Royal Oak is proceeding with the sale of Revenue Bonds to the Michigan Bond
Authority, as part of the State Revolving Fund (SRF) Program, at the favorable interest rate of 2-
1/4%.
Our Resolution provides for authorization for the Board of Commissioners' Chairperson to execute
an Interlocal Agreement, relative to Royal Oak's issuance of Revenue Bonds, covering the
conveyance of the bond proceeds to the Drainage District, and to provide for retirement of the
Bonds, etc.
Also, because Clawson's apportionment percentage is in question due to their litigation, our
Resolution provides for the County of Oakland to advance Clawson's share of the project cost, not
to exceed $3,286,528.00, as outlined in the enclosed Contract to be executed by your Board
Chairperson. This advance is to be paid back at the T-bill rate of interest at the conclusion of the
said litigation, by whomever it is determined should pay Clawson's share.
Finally, our Resolution provides for authorization for the County of Oakland's share of the project
cost, on account of road drainage benefit, or $180,275.20, to be included as a part of the overall
Bond Issue.
On behalf of the Village of Beverly Hills, the Cities of Birmingham, Clawson, Madison Heights,
Royal Oak, Southfield and Troy, and our office, we request that this matter be placed on the
Planning & Building Committee Agenda for July 7, 1998. Our intent is to then present this matter
to the Finance Committee on July 9, 1998, and then receive full Board of Commissioners approval
on July 16, 1998.
Thank you for your assistance.
td
Enclosures
cc: Mr. John McCulloch, Chairperson, Board of Commissioners
Ms. Sue Ann Douglas, Chairperson, Finance Committee
Mr. Joseph Colaianne, Corporation Counsel
Mr. John Everhardus, Dickinson Wright, PLLC
Interoffice: G. Kuhn/File; W. Klockow; J. Kozma; P. Sanzica; B. Lewis; N. Fournier
I
,
NORTH ARM RELIEF DRAIN
ESTIMATE OF APPORTIONMENT COST
1. Apportionment
Beverly Hills
Birmingham
Clawson
Madison Heights
Royal Oak
Southfield
Troy
State of Michigan
County of Oakland
Total
2.578%
21.175%
18.340%
0.187%
47.836%
0.544%
6.509%
1.825%
1.006%
100.000%
2. Estimated Project Cost
Construction Cost $11,696,000.00
Administration $6,224,000.00
Total Estimated Project Cost $17,920,000.00
3. Apportioned Cost:
Beverly Hills $461,977.60
Birmingham $3,794,560.00
Clawson $3,286,528.00
Madison Heights $33,510.40
Royal Oak $8,572,211.20
Southfield $97,484.80
Troy $1,166,412.80
State of Michigan $327,040.00
County of Oakland $180,275.20
Total $17,920,000.00
Prepared By: Philip Sanzica, PE 06/25/98
t
CouyIty of Oaklahd County Clerk
LAW OFFICES OF
JOHN R. AXE
JOHN R. AXE AND ASSOCIATES
SUITE 360
21 KERCHEVAL AVENUE
GROSSE POINTE FARMS, MICHIGAN 48236-3601
TELEPHONE: (3 I 3) 684-1550. 1-600-383-6324
TELECOPIER: (313) 884-0626
• August 5, 1998
VIA AIRBORNE EXPRESS
Mr. Lynn Allen
County Clerk
County of Oakland
1200 N. Telegraph
Pontiac, MI 48341
Re: Contract and Interlocal Agreement Among the County of
Oakland, the North Arm Relief Drain Drainage District, the State
of Michigan, the Village of Beverly Mille, the City of
Birmingham, the City of Madison Heights, the City of Royal Oak,
the City of Southfield and the City of Troy: Dated - June I, 1.998
Dear Mr. Allen:
Pursuant to Act No. 7 of the Public Acts of 1967, extra
session, as amended, the enclosed Contract and Interlocal
Agreement is being filed in your office. Please, acknowledge the
filing by signing and dating the line below. Please return this
letter to our office as soon as possible. A return Airborne
Express envelope has been included for your convenience.
Enclosures
cc: Charles Semchena
las.1-royal
I hereby certify that a copy of the c tioned Contract k
Interlocal Agreement was filed in m pff'ce on ,gust fAx-,
1998.
v4 EXECUTION COPY
CONTRACT AND INTERLOCAL AGREEMENT
AMONG
THE COUNTY OF OAKLAND,
THE NORTH ARM RELIEF
DRAIN DRAINAGE DISTRICT,
THE STATE OF MICHIGAN,
THE VILLAGE OF BEVERLY HILLS,
THE CITY OF BIRMINGHAM,
THE CITY OF MADISON HEIGHTS,
THE CITY OF ROYAL OAK,
THE CITY OF SOUTHFIELD, AND
THE CITY OF TROY
TO PERMIT THE IMMEDIATE CONSTRUCTION
OF THE NORTH ARM RELIEF DRAIN BY THE NORTH
ARM RELIEF DRAIN DRAINAGE DISTRICT
DATED AS OF JUNE 1, 1998
6/11/98
This Interlocal Agreement, dated as of June 1, 1998, is made
and entered into pursuant to Act No. 7 of the Public Acts of
Michigan of 1967, Extra Session, as amended, known as the "Urban
Cooperation Act of 1967", Act No. 35 of the Public Acts of
Michigan of 1951, as amended, and Act No. 40 of the Public Acts
of Michigan of 1956, as amended known as the Drain Code of 1956
(the "Enabling Acts"), by and among the Village of Beverly Hills
(the "Village"); the City of Birmingham, the City of Madison
Heights, the City of Royal Oak, the City of Southfield, and the
City of Troy (the "Cities"); the County of Oakland (the
"County"); the State of Michigan, Department of Transportation
("MDOT"); (together the "Constituent Public Agencies and
Corporations") and the North Arm Relief Drain Drainage District
(the "Drainage District") for the purposes set forth in this
Agreement.
WITNES SETH
NOW THEREFORE, pursuant to the power granted to them by the
Enabling Acts, the Constituent Public Agencies and Corporations
and the Drainage District hereby agree as follows:
ARTICLE A
DEFINITIONS
Section 1. Unless otherwise provided, or unless the
context clearly requires otherwise, the following terms shall
have the following meanings in this Agreement:
1
:4
(a) Act 7. "Act 7" shall mean Act No. 7 of the Public Acts
of Michigan of 1967, Extra Session, as amended.
(b) Act 35. "Act 35" shall mean Act No. 35 of the Public
Acts of Michigan of 1951, as amended.
(c) Act 40. "Act 40" shall mean Act No. 40 of the Public
Acts of Michigan of 1956, as amended.
(d)- Additional Bonds. "Additional Bonds" shall mean the
City of Royal Oak North Arm Relief Drain Revenue Bonds,
Additional Series in an amount necessary to cover any increase in
the Estimate of Costs or to repay the County Advance.
(e) Agreement. "Agreement" shall mean this Interlocal
Agreement entered into pursuant to the Enabling Acts, as from
time to time amended.
(f) Best Efforts. "Best Efforts" shall mean taking
whatever action is reasonably necessary to effectuate the
objective including, but not limited to, instituting or defending
legal actions.
(g) Bonds. "Bonds" shall mean the City of Royal Oak North
Arm Relief Drain Revenue Bonds, Series 1998, in such amount as is
required under this Agreement as more fully described in Appendix
1.
(h) Cities. "Cities" shall mean:
the City of Birmingham,
the City of Madison Heights,
the City of Royal Oak,
the City of Southfield, and
the City of Troy
2
(i) City of Clawson. "City of Clawson" shall mean the
municipal Corporation known as the City of Clawson, Oakland
County, Michigan.
(j) Clawson Drain Assessment_ "Clawson Drain Assessment"
shall mean the total drain assessment against the City of Clawson
to be set forth in a special assessment roll to be adopted by the
Drain Board, after receipt of construction bids by the Drainage
District, based upon the Estimate of Costs and the Revised Final
Order of Apportionment, and any additional assessment resulting
from an increase in the Estimate of Costs.
(k) Clawson Litigation. "Clawson Litigation" shall mean
the lawsuit and any other law suit in connection therewith
described in Appendix 2.
(1) Constituent Public Agencies and Corporations.
"Constituent Public Agencies and Corporations" shall mean the
Cities, the Village, the County of Oakland, and the State of
Michigan, Department of Transportation.
(m) County. "County" shall mean the County of Oakland.
(n) County Advance. "County Advance" shall be an advance
of money to the Drainage District from the County in an amount
not to exceed the Clawson Drain Assessment as evidenced by an
agreement between the County and the Drainage District in
substantially the form attached as Appendix 3.
(o) Drain. "Drain" shall mean the North Arm Relief Drain
and all improvements constituting such Drain as described in
Appendix 4 attached hereto.
3
(p) Drain Bonds. "Drain Bonds" shall mean any bonds that
may be issued by the Drainage District in whatever amount is
necessary to retire the County Advance and/or pay an increase in
the Estimate of Costs to complete the Drain as more fully
described in Appendix 5.
(q) Drainage District. "Drainage District" shall means the
North Arm Relief Drain Drainage District a drainage district
located in the County of Oakland formed pursuant to Act 40.
(r) Drain Assessment or Drain Assessments. "Drain
Assessment" or "Drain Assessments" shall mean the following drain
assessments:
(i) the special assessments against the Constituent
Public Agencies and Corporations to be set forth in a special
assessment roll to be adopted by the Drainage Board after
preparation of the Estimate of Costs;
(ii) any Extra Drain Assessments;
(iii) any additional special assessments against
any Constituent Public Agencies and Corporations which are
adopted by the Drainage Board because of a reduction in the
Clawson Drain Assessment because of the Clawson Litigation; and
(iv) the Clawson Drain Assessment.
(s) Drain Board. "Drain Board" shall mean the statutory
drain board created by Act 40 for the Drainage District.
(t) Drain Construction Agreement. "Drain Construction
Agreement shall mean the agreement between the Drainage District
and the City of Royal Oak in the form attached as Appendix 6.
4
•
Apportionment entered by the Drainage Board on February 17, 1998
attached as Appendix 7.
(z) Village. "Village" shall mean the Village of Beverly
Hills.
ARTICLE B
GENERAL PROVISIONS
Section 1. The Constituent Public Agencies and Corporations
agree to exercise jointly the power and authority set forth in
this Agreement pursuant to the Enabling Acts and jointly enter
into this Agreement with the Drainage District.
Section 2. The Constituent Public Agencies and Corporations
agree to:
(a) Construction of the Drain described in Appendix 4 by
the Drainage District.
(b) The apportionment of the cost of the Drain set forth in
Appendix 7.
(c) Share in any extra costs in accordance with the
percentages set forth in Appendix 8, resulting from any
decrease in the Clawson Drain Assessment caused by a
reduction ordered by a court in the Clawson Litigation.
(d) The repayment of the County Advance, in accordance with
the percentages set forth in Appendix 8, at such time as the
County Advance shall become due.
(e) Share in the issuance costs for the Bonds and
Additional Bonds in accordance with the percentages set
forth in Section 7.
6
(u) Enabling Acts. "Enabling Acts" shall mean Act No. 7 of
the Public Acts of Michigan of 1967, Extra Session, as amended,
known as the "Urban Cooperation Act of 1967," Act No. 35 of the
Public Acts of 1951, as amended, and Act No. 40 of the Public
Acts of Michigan of 1956, as amended.
(v) Estimate of Costs. "Estimate of Costs" shall mean the
estimate of the total cost of the Drain to be prepared and
approved by the Drainage Board after receipt of bids for the
construction of the Drain.
(w) Extra Drain As ses sment. "Extra Drain Assessment"
shall mean the special assessments made against the Constituent
Public Agencies and Corporations by the Drainage District on
account of an increase in the Estimate of Costs approved by the
Drainage Board.
(x) Proceeds tom the Bonds. "Proceeds from the Bonds"
shall mean: the proceeds from the sale of the Bonds to (i) the
State of Michigan, less the amount of the costs of issuing the
Bonds, which proceeds will be received in increments once Royal
Oak has submitted to the State of Michigan a request for
disbursement of funds in the form attached as Exhibit 1 to
Appendix A of the Drain Construction Agreement; or (ii) a
purchase at a public competitive sale of the Bonds which proceeds
will be received in their entirety when the Bonds are delivered
to such purchaser all in accordance with the provisions of the
Drain Construction Agreement.
(y) R_ear_i_aFira.daa_Q_r_d_e.rs2fa 2eat.. "Revised Final
Order of Apportionment" shall mean the Revised Final Order of
Section 3. The City of Royal Oak shall contract with the
Drainage District to carry out the construction of the Drain as
provided in the Drain Construction Agreement.
ARTICLE C
AGREEMENT BY THE DRAINAGE DISTRICT AND
AGREEMENTS WITH RESPECT TO REPAYMENT OFON REPAYMEN7 CTITY DIES AD VAN
Section 1. The Drainage District agrees with the
Constituent Public Agencies and Corporations to construct the
North Arm Relief Drain in accordance with the Drain Construction
Agreement.
Section 2. The Drainage District agrees to continue the
Clawson Litigation until it is resolved by a final court order or
all of the parties hereto agree, by resolutions of their
governing bodies, to a settlement thereof.
Section 3. The Drainage District agrees that after it
approves the Estimate of Costs it will cause the special
assessments described in Article A, Section l(r)(i) to be made
against the Constituent Public Agencies and Corporations.
Section 4. The Drainage District agrees that in the event
the apportionment of costs against the City of Clawson is
confirmed by a final court order, not appealed from or not
appealable, it will use its Best Efforts to collect the Clawson
Drain Assessment.
Section 5. The Drainage District agrees that in the event
the apportionment against the City of Clawson set forth in the
Revised Final Order of Apportionment is reduced and the Clawson
7
Drain Assessment is thereby reduced, the amount of any reduction
shall be assessed against and paid by the Constituent Public
Agencies and Corporations in amounts determined by the
percentages set forth in Appendix 8.
Section 6. The Drainage District agrees to seek an
advance from the County of Oakland in an amount not to exceed the
Clawson Drain Assessment as estimated at the time the County
Board of Commissioners shall approve the advance.
Section 7. In the event the Drainage District is unable
to obtain an advance from the County of Oakland, it will obtain
an advance from the City of Royal Oak in an amount not to exceed
the Clawson Drain Assessment all as provided in the Construction
Agreement.
Section 8(a). If the provisions of Section 5 of this
Article apply and if the County Advance has been made, the
Drainage District will use its Best Efforts to issue Drain Bonds
in anticipation of assessments against the City of Clawson and
the Constituent Public Agencies and Corporations in an amount
sufficient to repay the County Advance with interest and use the
proceeds after payment of issuance costs for that purpose with
interest to the date of repayment.
(b) If the Drainage District has not issued Drain Bonds as
provided in paragraph (a) of this Section by one hundred and
twenty (120) days after the Clawson Litigation is concluded by
the entry of a final court order, not appealed from or not
appealable, the City of Royal Oak will use its Best Efforts to
issue Additional Bonds in the amount of the County Advance plus
8
interest to the date of repayment and to pay the proceeds
thereof, after payment of the costs of issuance to the Drainage
District which shall immediately repay the County Advance.
(c) If no bonds are issued under (a) or (b) of this
Section, the Constituent Public Agencies and Corporations shall
pay to the Drainage District the amount of the County Advance
plus interest to the date of repayment in the percentages set
forth in Appendix 8.
Section 9. In the event there is no County Advance, the
Drainage District will cause the Clawson Drain Assessment to be
payable in such a way that it will include payments equal to and
due sufficiently in advance of the debt service payments due on
the Bonds equal to the Amount of the Bonds issued to cover the
Clawson Drain Assessment and thereafter from the amounts received
under the Clawson Drain Assessment to pay to the City of Royal
Oak such amounts semi-annually as will allow the City of Royal
Oak to retire the pro-rata amounts of the Bonds which were
advanced to cover the Clawson Drain Assessment.
Section 10. Prior to the City of Royal Oak issuing
Additional Bonds, the Drainage District agrees to cause the City
of Clawson and the Constituent Public Agencies and Corporations
to be assessed based upon the percentages set forth in Appendix 7
in an amount equal to the Additional Bonds and to use the Clawson
Drain Assessments to pay to the City of Royal Oak the amount of
the City's advance equal to the Clawson Drain Assessment.
9
ARTICLE D
PAYMENTS IN CASH
Section 1. To the extent that the Estimate of Costs
exceeds the Proceeds of the Bonds and this is ascertainable at
the time of the closing of the Bonds, each Constituent Public
Agency and Corporation shall pay to the Drainage District, in
cash on such date, its share as set forth on Appendix 8 of the
difference.
Section 2. Any Constituent Public Agency and Corporation
may pay the amount of its Drain Assessment in cash to the
Drainage District.
Section 3. Any Constituent Public Agency and Corporation
intending to make such payment to the Drainage District shall
notify the Drainage District and the City of Royal Oak of its
intention to do so no later than July 15, 1998.
Section 4. Any Constituent Public Agency and Corporation
wishing to make such payments shall make the payment to the
Oakland County Treasurer for the Account of the Drainage District
no later than August 15, 1998. Otherwise the Bonds will include
the principal amount of its Drain Assessment.
Section 5. In the event any Constituent Public Agency
and Corporation pays its share of the Estimate of Costs as shown
1 0
in Appendix 8 in cash, such Constituent Public Agency and
Corporation shall have no obligation to make any payments to the
City of Royal Oak or the Drainage District on the Bonds unless a
revised or supplemental special assessment roll is prepared on
account of a reduction of the Clawson Drain Assessment or an
increase in the Estimate of Costs.
ARTICLE E
AGREEMENT BY THE CITY OF ROYAL OAK
Section 1, The City of Royal Oak agrees to use its Best
Efforts to issue the Bonds in an amount not to exceed the cost of
Drain, plus the costs of issuance of the Bonds.
Section 2. In the event the County of Oakland advances
the Drainage District the amount of the Clawson Drain Assessment,
the Bonds shall be reduced by that amount.
Section 3. In the event there is no County Advance, the
City of Royal Oak shall advance to the Drainage District the
amount of the Clawson Drain Assessment as a part of the Proceeds
from the Bonds or proceeds from Additional Bonds. The terms and
conditions regarding repayment to the City of Royal Oak of
amounts advanced by Royal Oak to the Drainage District for the
Clawson Drain Assessment from the Drainage District shall be set
forth in the Drain Construction Agreement.
Section 4. In the event any Constituent Public Agency
and Corporation pays the amount of its Drain Assessment in cash,
the Bonds shall be reduced by that amount.
1 1
Section 5. The City of Royal Oak agrees to provide to
the other Constituent Public Agencies and Corporations copies of
proceedings and information regarding the issuance of the Bonds
including the amount of the debt service owed by each of the
other Constituent Public Agencies Corporations to the City of
Royal Oak.
Section 6. The City of Royal Oak agrees to pay any
assessment against MDOT which is greater than the sum which would
be yielded by application of the formula in Section 14a of 1951
PA 51, as amended, MCL 247.664a; NSA 9.1097(14a).
ARTICLE F
AGREEMENT BY THE OTHER
CONSTITUENT PUBLIC AGENCIES AND CORPORATTONA
Section 1. Unless it has paid to the Drainage District
in cash the amount of its Drain Assessment, each Constituent
Public Agency and Corporation shall be obligated to pay to the
City of Royal Oak its share of the debt service on the Bonds to
be issued as set forth in Appendix 1 which payments shall be made
to the City of Royal Oak five business days before the payments
by the City of Royal Oak are due on the Bonds.
Section 2. Unless it has paid to the Drainage District
in cash the amount of any Extra Drain Assessment, each
Constituent Public Agency and Corporation shall be obligated to
pay to the City of Royal Oak its share of the debt service on any
Additional Bonds to be issued which payments shall be made to the
City of Royal Oak five business days before the payments by the
City of Royal Oak are due on the Bonds.
Section 3. If there is an Extra Drain Assessment and no
Additional Bonds have been issued, unless it has paid to the City
of Royal Oak or the Drainage District in cash the amount of its
Extra Drain Assessment, each Constituent Public Agency and
12
Corporation shall be obligated to pay to the Drainage District in
accordance with the provisions of the revised or supplemental
special assessment roll its Extra Drain Assessment.
Section 4. If there has been a County Advance which has
not been repaid, each Constituent Public Agency and Corporation
agrees that should it fail to make any payment to the Drainage
District as required by this Interlocal Agreement, the County of
Oakland shall have the right to institute an action against such
Constituent
payments.
Public Agency and Corporation to require such
ARTICLE G
ADDITIONAL MUNICIPAL CORPORATIONS AND
WITHDRAWAL OF MUNICIPAL CORPORATIONS
Section 1.
this Agreement.
Section 2.
No additional public corporations may join in
Neither the Drainage District nor any of the
Constituent Public Agencies and Corporations may withdraw from
this Agreement at any time until the purposes for which it was
established have been completed and all amounts owing hereunder
have been repaid in full.
ARTICLE H
TERMINATION.AXENDMENT Awn PPFPCTTVP nnmp
Section 1. This Agreement shall continue in full force
and effect so long as the Bonds are outstanding or the City of
Royal Oak or any other party is owed any amount hereunder.
13
Section 2. This Agreement may be amended by a written
document signed by authorized officers of all Constituent Public
Agencies and Corporations and the Drainage District after
approval of such amendment by resolution of the governing body of
each.
Section 3. This Agreement is dated as of June 1, 1998
for convenience of reference, but it shall become effective upon
the filing of a true copy with the County Clerk of Oakland County
and the Secretary of State.
IN WITNESS WHEREOF, the undersigned have caused this
Agreement to be made and entered into as of , 1998.
NORTH ARAELIEF DRAIN DRAZNAGE,DISTRICT
By: 41,
Its: Chairman
By:
Its:
14
CITY OF ROYAL OAK
( By:
--
Its :
By:
Its: Clerk
15
By:
A 4
CITY OF BIRMINGHAM
.."--C -
c-------- 1 ..
rc te—Damman, Lir .
Its: Mayor
By:
Its: Clerk
16
CITY OF ROY
By: I ,1 A . 0/e)
Jeanne M. Stine
Its: Mtivgir
By:
Tamara A. Renshaw
Its: Clerk
17
•
CITY OF MADISON HEIGHTS
By: /tt‘ 4:
George W.eiguarez
Its: Mayor
By: 00)C64¢._ CY6-c_61 -
Carole Corbett, Deputy Clerk
Its : Clerk
Susan H. Rydelf, Deputy Cittlerk
Its: Clerk
By:
CITY 0 SOUTHFIELD
By:
Its Mayor
19
VILLAGE OF BEVERLY HILLS
By:
Its : Manascr eSiolgtil
BY: id_6,_e -maitziwo
E'..n n E. Marsha-il
Its : Clerk
20
COUNTY OF OAKLAND
By:
Its :
By:
Its:
21
STATE OF MICHIGAN
By:
Its:
By:
Its: -fur Director
22
APPENDIX 1
1. The City of Royal Oak North Arm Relief Drain Revenue
Bonds, Series 1998 shall be issued by the City of Royal Oak
pursuant to Act No. 94 of the Public Acts of 1933, as amended.
2. Based upon current engineer's estimates, the total
amount of the bond issue (including the costs of issuance) will
be $17,920,000. If that is the case the debt service due on the
Bonds will be (a) as set forth on Appendix 1, page 2 assuming the
Bonds are sold to the State of Michigan at a rate of 2W% per
annum, or (b) as set forth on Appendix 1, page 3 if the Bonds are
sold at a public sale, based on current estimates of interest
rates.
3. If there is a County Advance in the amount of
$3,286,528 the amount of the Bonds will be reduced to $14,633,472
and debt service on the Bonds will be:
(a) as set forth on Appendix 1, page 4 assuming the Bonds
are sold to the State of Michigan at a rate of 2V4 96 per annum or,
(b) as set forth on Appendix 1, page 5 if the Bonds are
sold at a public sale, based on current estimates of interest
rates.
las.rl-roy19
1
Interest Rate Interest
2.25% $403,200.00
A I) P.EN 1, ottg,e 2
City of Royal Oak
North Arm Relief Drain Revenue Bonds, Series 1998
Debt Service Schedule
Assuming No County Advance and the Bonds are sold to the State of Michigan
Period Ending
9/1
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Principal
$720,000.00
735,000.00
750,000.00
770,000.00
785,000.00
805,000.00
820,000.00
840,000.00
860,000.00
880,000.00
900,000.00
920,000.00
940,000.00
960,000.00
980,000.00
1,005,000.00
1,025,000.00
1,050,000.00
1,075,000.00
1,100,000.00
$17,920_000.00
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
387,000.00
370,462.50
353,587.50
336,262.50
318,600.00
300,487.50
282,037.50
263,137.50
243,787.50
223,987.50
203,737.50
183,037.50
161,887.50
140,287.50
118,237.50
95,625.00
72,562.50
48,937,50
24150.00
Total
1,123,200.00
1,122,000.00
1,120,462.50
1,123,587.50
1,121,262.50
1,123,600.00
1,120,487.50
1,122,037.50
1,123,137.50
1,123,787.50
1,123,987.50
1,123,737.50
1,123,037.50
1,121,887.50
1,120,287.50
1,123,237.50
1,120,625.00
1,122,562.50
1,123,937.50
1 124.750.00
$41,612.50 $22,451 612.50
las.lotus.royl 9a
$17,920.000_00 $11,401 .452.50 $29.32_1_4.525Q
APPENDLN 1. ae 3 •
City of Royal Oak
North Arm Relief Drain Revenue Bonds, Series 1998
Debt Service Schedule
Assuming No County Advance and the Bonds are sold at a Public Sale
Based on Current Estimates of Interest Rates
Period Ending
9/1
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Principal
$555,C00.00
580,000.00
605,000.00
630,000.00
660,000.00
690,000.00
720,000.00
755,000.00
795,000.00
830,000.00
875,000.00
915,000.00
965,000.00
1,015,000.00
1,065,000.00
1,125,000.00
1,185,000.00
1,250,000.00
1,315,000.00
1,390,000.00
Interest Rate Interest Total
4.15% 5911,130.00 1,466,130.00
4.35% 888,097.50 1,468,097.50
4.45% 862,867.50 1,467,867.50
4.55% 835,945.00 1,465,945.00
4.65% 807,280.00 1,467,280.00
4.70% 776,590.00 1,466,590.00
4.80% 744,160.00 1,464,160.00
4.85% 709,600.00 1,464,600.00
4.90% 672,982.50 1,467,982.50
4,95% 634,027.50 1,464,027.50
5.00% 592,942.50 1,467,942.50
5.10% 549,192.50 1,464,192.50
5.20% 502,527.50 1,467,527.50
5.30% 452,347.50 1,467,347.50
5.35% 398,552.50 1,463,552.50
5.40% 341,575.00 1,466,575.00
5.45% 280,825.00 1,465,825.00
5.45% 216,242.50 1,466,242.50
5.45% 148,117.50 1,463,117.50
5.50% 76,450.00 1.466.450.00
las.lotus.royl9a
APPENDIX 1, page 4
City of Royal Oak
North Arm Relief Drain Revenue Bonds, Series 1998
Debt Service Schedule
Assuming a County Advance and the Bonds are sold to the State of Michigan
Period Ending
9/1 Principal Interest Rate Interest Total
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
$587,000.00
601,000.00
614,000.00
628,000.00
642,000.00
657,000.00
671,000.00
686,000.00
702,000.00
718,000.00
734,000.00
750,000.00
767,000.00
784,000.00
802,000.00
820,000.00
839,000.00
857,000.00
877,000.00
897,472.00
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
2.25%
$329,253.12
316,045.62
302,523.12
288,708.12
274,578.12
260,133.12
245,350.62
230,253.12
214,818.12
199,023.12
182,868.12
166,353.12
149,478.12
132,220.62
114,580.62
96,535.62
78,085.62
59,208.12
39,925,62
20,193,12
916,253.12
917,045.62
916,523.12
916,708.12
916,578.12
917,133.12
916,350.62
916,253.12
916,818.12
917,023.12
916,868.12
916,353.12
916,478.12
916,220.62
916,580.62
916,535.62
917,085.62
916,208.12
916,925.62
917.665.12
$14,633,472.Q0 $3,700,134.90 $18,333.606.90
las.lotus.royl9b
AMENDIX*1, page 5 •
; City of Royal Oak
North Arm Relief Drain Revenue Bonds, Series 1998
Debt Service Schedule
Assuming a County Advance and the Bonds are sold at a public sale
Based on Current Estimates of Interest Rates
Period Ending
9/1 Principal Interest Rate Interest Total
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
$453,000.00
472,000.00
492,000.00
514,000.00
538,000.00
563,000.00
589,000.00
618,000.00
648,000.00
679,000.00
713,000.00
749,000.00
787,000.00
828,000.00
872,000.00
918,000.00
968,000.00
1,021,000.00
1,076,000.00
1,135,472.00
4.15%
4.35%
4.45%
4.55%
4.65%
4.70%
4.80%
4.85%
4.90%
4.95%
5.00%
5.10%
5.20%
5.30%
5.35%
5.40%
5.45%
5.45%
5.45%
5.50%
$744,072.46
725,272.96
704,740.96
682,846.96
659,459.96
634,442.96
607,981.96
579,709.96
549,736.96
517,984.96
484,374.46
448,724.46
410,525.46
369,601.46
325,717.46
279,065.46
229,493.46
176,737.46
121,092.96
62 450.96
1,197,072.46
1,197,272.96
1,196,740.96
1,196,846.96
1,197,459.96
1,197,442.96
1,196,981.96
1,197,709.96
1,197,736.96
1,196,984.96
1,197,374.46
1,197,724.46
1,197,525.46
1,197,601.46
1,197,717.46
1,197,065.46
1,197,493.46
1,197,737.46
1,197,092.96
1,197.922.96
$14.633,472..00 $9_314,033.7.0 $23.947,50510
las.lotus.royl9b
APPENDIX 2
In re City of Olallacn, a case pending in the Circuit Court
for the County of Oakland (#97-000937-AS) and
In re City of Claw, a case pending in the Circuit Court
for the County of Oakland (497-543863-AS).
Matters relating to one or both of these cases are on Appeal
to the Michigan Court of Appeals.
las.rl-rov19
1
APPENDIX 3
PLEASE SEE ATTACHED
APPENDIX 3
CONTRACT
BETWEEN
THE COUNTY OF OAKLAND
AND
THE NORTH ARM RELIEF DRAIN
DRAINAGE DISTRICT
THIS CONTRACT, made and entered into as of the ' 7 —day of, .4
1998, by and between the COUNTY OF OAKLAND, a municipal corporation in the State
of Michigan (hereinafter referred to as the "COUNTY"), and the NORTH ARM RELIEF
DRAIN DRAINAGE DISTRICT, a body corporate pursuant to Act 40 of the Public Acts of
1956, as amended (hereinafter referred to as the "Drainage District");
WITNESSETH:
WHEREAS, pursuant to Act 40 of the Public Acts of 1956, as amended (hereinafter
referred to as the "Drain Code") the Drainage Board for the Drainage District, having
received a petition for and determined that a drainage project is necessary for the public
health, and further determined that drainage facilities be located, established and
constructed under the provisions of Chapter 20 of the Drain Code with the cost thereof to
be assessed wholly against the public corporations benefiting from said project;
WHEREAS, there is an urgent need of the Drain [as defined herein] to provide
drainage to the public agencies and corporations located within the Drainage District, in
order to alleviate flooding thereby promoting the health and welfare of the residents
thereof;
WHEREAS, at the present time, the Drainage District cannot currently issue bonds
to finance the construction of said Drain because of pending litigation instituted by the City
of Clawson, a public corporation and one of the municipalities to be assessed with the a
portion of the cost for the Drain;
WHEREAS, due to the pending litigation between the Drainage District and the City
2
• I •
of Clawson, the Constituent Public Agencies and Corporations [as defined herein], have
entered into an Interlocal Agreement dated June 1, 1998, to, among other things, construct
the Drain, and share in their apportioned costs and any extra costs for said Drain;
WHEREAS, pursuant to the Drain Code of 1956, specifically Chapter 20, Section
479 [MCL 280.479], the County of Oakland is authorized to advance moneys for the
payment of any part of the cost of a drainage project constructed under Chapter 20 of the
Drain Code of 1956 to be reimbursed by the Drainage District, with or without interest as
may be agreed, when funds are available therefor;
WHEREAS, the COUNTY is willing to advance moneys for the estimated share of
of the drainage project assessed against the City of Clawson by the Drainage District to
the Drainage District, and to be reimbursed by said drainage district with interest as
provided herein when funds are available therefor;
WHEREAS, the Drainage District is willing to construct said drainage facilities using
moneys advanced by the COUNTY and to reimburse County with interest when funds are
available;
NOW THEREFORE, pursuant to the authority granted to them by statute and in
consideration of the premises and the covenants of each other, the COUNTY and
DRAINAGE DISTRICT hereby agree as follows:
Article I Definitions:
Section 1. Unless other provided, or unless the context clearly requires otherwise,
the following terms shall have the following meanings in this agreement;
3
(a) Best Efforts. "Best Efforts" shall mean taking whatever action is reasonably
necessary to effectuate the objective including, but not limited to, instituting or defending
legal actions.
(b) Cities. "Cities" shall mean:
The City of Birmingham, the City of Madison Heights, the City of Royal Oak,
the City of Southfield, and the City of Troy.
(c) City of Clawson. "City of Clawson" shall mean the municipal corporation
known as the City of Clawson, Oakland County, Michigan.
(d) Clawson Drain Assessment. "Clawson Drain Assessment" shall mean the
total drain assessment against the City of Clawson to be set forth in a special assessment
roll to be adopted by the Drainage Board, after receipt of construction bids by the Drainage
District, based upon the estimate of cost and revised final order of apportionment, and any
additional assessment resulting from an increase in the estimate of costs as defined and
provided in the agreement.
(e) Clawson Litigation. "Clawson Litigation" shall mean the lawsuit as described
in Appendix 2 of the Interlocal Agreement.
Constituent Public Agencies Corporations. "Constituent Public Agencies
Corporations" shall mean the Cities, the Village, the County of Oakland, and the State of
Michigan, Department of Transportation.
(g) County. "County' shall mean the County of Oakland.
(h) County Advance. "County Advance" shall be an advance of money to the
drainage district from the County in an amount not to exceed the Clawson Drain
(1)
4
Assessment as evidenced by this contract.
(i) Drain. "Drain" shall be the North Arm Relief Drain and all the improvements
constituting such drain as described in Appendix 4 of the Interlocal agreement.
Drainage District. "Drainage District" shall mean the North Arm Relief Drain
Drainage District, a drainage district located in the County of Oakland established pursuant
to Chapter 20 of the Drain Code.
(k) Drainage Board. "Drainage Board" shall mean the statutory drainage drain
board created by Chapter 20 of the Drain Code.
(I) Interlocal Agreement. "Interlocal Agreement" shall mean the Interlocal
agreement entered into between the constituent public agencies incorporations, dated
June 1, 1998 for the construction and financing of the North Arm Relief Drain and all
improvements constituting such drain.
(m) Village. "Village" shall mean the Village of Beverly Hills.
Article II General Provisions
Section 1. The COUNTY, pursuant to the authority provided under section 479
of chapter 20 of the Drain Code [MCL 280.4791, hereby agrees to advance an amount not
to exceed the sum of three million two hundred eithy-six thousand five hundred twenty
eight [$3,286,528] dollars to the Drainage District for the construction of the Drain.
Hereinafter referred to as "County Advance."
Section 2. County Advance shall bear an interest rate prevailing on six-month
United States Treasury Bills on the date of adoption of the resolution of the County Board
of Commissioners approving the County Advance, to be compounded quarterly from the
5
(i)
date of September 1, 1998.
Section 3. The Drainage District agrees to construct the North Arm Relief Drain
in accordance with the Interlocal Agreement and the attachments thereto; and promises
to pay the County Advance and the accrued interest 120 days after the conclusion or
settlement of the Clawson litigation. It is understood that pursuant to the Interlocal
Agreement the Drainage District has agreed to continue the Clawson Litigation until it is
resolved by a final court order or all of the parties to the Interlocal Agreement agree, by
resolution of their respective governing bodies, to a settlement thereof.
Section 4. Repayment of County Advance may be made payable out of the
assessments made against public corporations or out of the proceeds from drain orders
or bonds issued by the Drainage District pursuant to Drain Code or out of any other
available funds or as provided in the Interlocal Agreement.
Section 5. The COUNTY shalt have all other rights and remedies provided by law
and/or the Interlocal Agreement to enforce and collect the obligation of the moneys
advanced pursuant to this agreement.
Section 6. Nothing herein expressed shall be construed as incurring to the
COUNTY the obligation or responsibility with respect to the acquisition and construction
of the Drain.
Section 7. This contract shall become effective upon approval by resolution
adopted by the COUNTY's Board of Commissioners.
6
/7 , 1998 By:
John P. Mc obh
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed and delivered by the undersigned;
Executed on
COUNTY OF OAKLAND
Chairman CoWity Board of Commissioners
North Arm Relief Drain Drainage District
Executed on 7/7 , 1998 - By:
eorge VV;Kuhn
Drain Coithissioner and Chairman
North Arm Relief Drain Drainage District
NORTHARM,CON 7 June 15, 1998
APPENDIX 4
PLEASE SEE ATTACHED
APPENDIX 4, page 1
PROPOSED
NORTH ARM itti 31-a- DRAIN
ROUTE DESCRIPTION
To be located in Sections 2 & I I,
T. IN., R.I1L, City of Madison Heights;
Sections 3, 4, 5, 6 & 8; TAN.,
R.I1E., City of Royal Oak;
and
Section 31; T.2N., R.11E.
and Section 36; T.214., R.10E.,
City of Birmingham,
Oakland County, Michigan
BRANCH No. 1
Beginning at a Point "A" along the north-south centerline clan existing 15'43" high
horseshoe shaped section of the North Section of the Twelve Towns Relief' Drain,
said Point "A" being located at tho intersection of Stephenson Highway and
Thirteen Mile Road in the N.W. 1/4 of Section 11, T.LN, R.11E., City of
Madison Heights; thence westerly along Thirteen Mile Road approximately 1880
lineal feet of an ending Point "B", along the north-south centerline of an existing
8'-0" diameter section of the North Section of the Twelve Towns Relief Drain, said
Point "B" being located at thc intersection of Campbell Road and Thirteen Mile
Road.
BRANCH No. 2
Beginning at a Point "C' along the nut th-south centerline of an existing ICY-0" high
horseshoe shaped section of the North Section of the Twelve Towns Relief Drain,
said Point "C" being located at the intersection of Stephenson Highway and
1,1'hitcorrib Avenue in the West 1/2 of Section 2, TAN., R.11E., City of Madison
Heights; thence westerly along Whitcomb Avenue approsdmately 3300 lineal feet
to an ending Point "D", located at the intersection of Blair Avenue and Whitcomb
Avenue.
APPENDIX 4, page 2
BRANCH No. 3
Beginning at a Point "E" along the east-west centerline of an existing 13'-0"
diameter section of the North Section of the Twelve Towns Relief Drain, said Point
"E" being located at the intersection of Washington Avenue and Thirteen Mile
Road in the S.E. 1/4 of Section 4, TAN., R.11E., in the City of Royal Oak;
thence northerly along Washington Avenue approximately 1050 feet to an ending
Point "F", located at the intersection of Washington Avenue and Lexington
Boulevard.
BRANCH No. 4
Beginning at a Point "G" along the north-south centerline of an existing 13'-0"
diameter section of the North Section of the Twelve Towns Relief Drains said
Point "C" being located at the intersection of Marais Avenue and Me Vernon
Boulevard S.W. 1/4 of Section 4, RI 1E., City of Royal Oak; thence
westerly along Mt. Vernon Boulevard approximately 1,937 feet to Crooks Road;
thence northerly along Crooks Road approximately 476 feet; thence southwesterly
approximately 980 feet and into Section 5 of the City of Royal Oak to a Point "H"
being located at Durham Road approximately 508 feet south of Chester Road;
thence southerly along Durham Road approximately 882 feet to Thirteen Mile
Road; thence southwesterly approximately 460 feet into the N.E. 1/4 of Section
8, City of Royal Oak, to an ending Point "I", at the intersection of Woodland
Avenue and Thirteen Mile Road.
ALSO, continuing from Point "H" northerly along Durham Road approximately
508 feet to Chester Road; thence westerly along Chester Road approximately 350
feet to Woodland Avenue; thence northerly along Woodland Avenue approximately
1217 feet to Normandy Road; thence northwesterly approximately 730 feet to the
intersection of Woodland Avenue and Massoit Road; thence northerly along
Woodland Avenue approximately 634 feet to an ending Point Py, located at the
intersection of Woodland Avenue and Nakota Road.
BRANCH No. 5
Beginning at a Point "K", being an existing junction chamber interconnection of
a 72" diameter section of the Graham Branch of the Royal Oak Drain and a 66"
diameter section of the North Section of the Twelve Towns Relief Drains, said
Point "K" being located at the intersection of Olivia Avenue and Nakota Road in
the N.E. 1/4 of Section 6, T.1N., R.11E., City of Royal Oak; thence westerly
along Nakota Road approximately 775 feet to the intersection of Nakota road and
Elmwood Avenue; thence northerly along Elmwood Avenue approximately 778
feet to the intersection of Elmwood Avenue and Samoset Road; thence westerly
A F,TENpJX 4, page 3
along Sarnoset Road approximately 317 feet, to an ending Point "L", located at the
intersection of Cooper Avenue and Samosct Road.
BRANCH Ni. 6
Beginning at a Point "M", being an existing junction chamber interconnection of
a 72" diameter section of the Graham Branch of the Royal Oak Drain and a 48"
drain, said Point "M" being located on the easterly side of Woodward Avenue
approximately 500 feet southeasterly of Fourteen Mile Road in the N.W. 1/4 of
Section 6, T. IN., LI IE., City of Royal Oak; thence northwesterly approximately
3650 feet along the easterly side of Woodward Avenue, crossing Fourteen Mile
Road into the City of Birmingham to an ending Point "N", located at the
intersection of Woodward Avenue and Lincoln Drive in the E. 1/2 of Section 36,
T.2N., R.10E., City of Birmingham.
IMPROVEMENTS:
The proposed improvements shall consist of pipe enclosures along the described
routes, to be installed by a combination of open cut and tunnel methods of
construction.
edcwis\wpwin\projccts\ncrtliarm\rolite.di:-.
9/3/97
57.4
-C••••-• •
CD Eift:14INGHAiti
SCALE: 1" = 2000'
rOURTIen ;110
C L A(W S •
BRAJOOM NO4 4
—77
• • • .161
ovese..:44P44 I ia cw6s-rti.11,-cA
1 ;111 THINVitIO
if `
I s 1031:1
n•nn• t
111 /A. ta S3 dow,fr. AY. Ar.7
$0.3 Ant. Deor:•-.1 '
A404XE-09E
BA/004 SO. 1
•
'4 ROYAL OAK
voessnat BERKLEY
MAD1S
HE 10
XHISIT "A DAM:1-30-91 DRAWN: KV;
REV. '5 -Z5- .71
REV.
REV.
GEORGE W. KUHN
OAKLAND COUNTY DRAIN COMMISSIONER -•..- %,,,Notte nom= wATFRFORD. MICHIGAN 48328
PROPOSED RELIEF PROJECT
NORTH SECTION
TWELVE TOWNS RELIEF DRAINS
APPENDIX 4, page 5
NORTH ARM RELIEF DRAIN
ESTIMATE OF CONSTRUCTION COST
CONS • UCTION TOTAL
'---------"aliWirolla
COST COST
Thirteen Mile Road 2,345,145 1
8' - 6" Tunnel 1 399 LF
6' - 0" Tunnel 468 L
I
2A Whitcomb Avenue ______
60" Open C—ii1,52.5 LF L
--
60" Tunnel 140 LF ' 1 - — 213 Whitcomb Avenue $539480
42" Open Cut 1,412 LF
,
i 3 Washington Road $770,600
, , 60" Tunnel 976 LF
I i. 4A Royal Oak Schools & Worden Park $1,542,740
i 8' - 6" Open Cut 2-,71-531 LF 1
I ,. 413 Starr Elementary, Durham & 13 Mile Rd. $2,595,340
1 8' - 6" Tunnel 1,8481 LF
8' -6" Open Cut , 101 LF 1
54" TCrinel 3821 LF 1
)
1- 40 Durham, Chester & Woodland Avenue $668,870
— 54" Open Cut 2,077 ' LE
I I
4D Elks Park & Woodland Avenue $469,140
54" Open Cut 1,380 LF
5 Nakota, Elmwood & Samoset Road $670,600
48" 0 ien Cut 1,852 LF
Woodward Avenue Branch $1,323 333
54" Open Cut I 2560 ______
36" Open Cut' 210 ' LF
___.., .__. a • . : 0 k - 11 662 748 )
BLL PROJCOST.WK4 02/20198 - 10:45 AM
APPENDIX 4, page 6
. •
NORTFI ARM TWELVE TOWNS
DRAIN IMPROVEMENT
OAKLAND COUNTY, MICHIGAN
September 4, 1997 HRC Job No_ 95730.22
DRAINAGE DISTRICT DESCRIPTION
A parcel of land located in the Cities of Birmingham, Clawson, Madison Heights, Royal Oak,
Southfield, Troy, and the Village of Beverly Hills, and being more particularly described as
follows
Beginning at the Northeast Corner of Section 33, T 2N., RI lE at the intersection of Maple and
Livernois Roads; thence Westerly 5250 feet, more or less to the northwest corner of Section 33
at the intersection of Maple and Crooks Roads; thence Southerly along the west line of Section
33, 2604 feet, more or less, to the East 114 corner of Section 32 at the intersection of Crooks
and Elmwood; thence Westerly along the East-West 1/4 line. of Section 32, 4452 feet, more or
less: thence Northerly 641 feet, more or less to the north line cf Birmingham Airport
Subdivision; thence Westerly along said north line, 350 feet, more or less; thence Northerly
672 feet, more or less to the south property line of paioel No. 20-32-126-008; thence Easterly
e:ong the said south line 350 feet, more or less; thence Northerly 511 feet, more or less to the
southeast corner of Maple Coolidge Esfates also being on the east right of way line of Axte:1
Road, South of Maple Road and also being the centerline of Axtel Road, North of Maple;
thence Northerly along said line 990 feet more or less to the north lino of Section 32 at Maple
Road; thence Easterly along said line 456 feet, more or less to the intersection of the east line
of Maple View Subdivision extended and the north line cf Section 32; thence Northerly into
Section 29 along said sLibclivision line extended 2210 feet, more or less; thence Westerly
across Troy Apartment SubdivisiOn No. 2, Dorchester North Road and Troy Apartment
Subdivision No. 1, 1335 feet, more or less to the west line of Section 29 at Coolidge Highway;
thence Northerly along said line 340 feet, more or less to the east 1/4 corner of Section 30:
thence Westerly along the east-west 114 line of Section 30, also being the center line of Derby
Road 2355 feet, more or less; thence Northerly 1280 feet, more or less to the north line of
tw-,,,i..0%967-4snotn.mws.d.
Pagel of 5
APPENDIX 4, page 7
Buckingham Woods SuLdivision, thence Waseerly along said line 312 feet, more or less to the
southwest corner of Buckingham Woods Subdivision No. 2; thence Northerly 1257 feet, more
or less to the north line of Section 30 at Big Beaver Road; thence Westerly along said line 1131
feet, more or less to the centerline of Wrenwood Drive: thence Southerly along said line 955
feet, more or less; thence Westerly 150 feet, more or less to a Point "A", thence Northerly 360
feet, more or less; thence Westerly 404 feet, more or less, thence Northerly 250 feet, more or
less; thence Westerly 224 feet. more or less; thence Southerly 564 feet, more or less; thence
Easterly 628 feet, more or less to Point "A''; thence Southerly 367 feet, more or less to the
southwest corner of John E Englehardt Subdivision; thence Westerly 400 feet, more or less;
thence Southerly 920 feet, more or less to the north R.O.W. of Derby Road; thence
Southwesterly 1005 feet, more or less, along said R.O.W. line extended to the west line of
Section 3C at Adams Road: thence Southerly along said line 1106 feet, more or less; thence
Westerly 997 feet, more or less to the west R.O.W. liee of Poppleton Ave; thence Southerly
along said line 135 feet, more or less to the northwest comer of Poppleton and Oakland
Avenues; thence Easterly 114 feet. mere or less to the souteeast corner of Lot 006 of Highland
View Add.; thence Southerly 515 feet, more or less tc the southeast corner of Lot 15 cf
Highland View Add.; thence Westerly 120 feet, more or less to the northeast corner cf
Assessors Plat No. 26; thence Southerly 170 feet, more or less to the south R.O.W. line of
Knox Avenue at the northwest corner of Lot 4 of FLA_ Poppletions Add.; thence Westerly along
said R.O.W. line extended, 255 feet, more or less; thence Southerly 350 feet, more or less to
the south line of Section 25 at Maple Road; teence Westerly along said line 340 feet, more or
less to the west R.O.W. line of Woodward Avenue extended; Thence Northerly along said line
150 feet, more or less; thence Westerly 575 feet, more or less; thence Southerly 150 fee:
more or less to the soutneast corner of Woodward Avenue and Maple Roads; thence
Northwesterly along the east R.O.W. line of Woodward Avenue extended, 270 feet, more or
less to the southeast corner of Woodward and Harniiton Avenues; thence Westerly 1GC feet,
more or less to the west le.O.W. tine of Woodward Avenue; thence Southeasterly along said
line 120 feet, more or less to the northwest corner of Woodward Avenue and Maple Roads;
thence Westerly along the north R.O.W. line of Maple Road 645 feet, more or less; thence
Southerly 93 feet, more Cr less to the northeast corner of Bates Street and Maple Road: thence
Westerly 100 feet, more or less to the northwest corner of lot 13 of Merrill's Plat; thence
Southerly 103 feet, more or less: thence Westerly 120 feet, more or
rpm. dra\951.85705730currAirS6.fitc
Page 2 of 5
less to the northwest
APPENDIX 4, page 8
corner of Lot 21 of Merrill's plat; thence Southerly 532 feet, more or less to the northwest
corner of Lot 93 of :mid plot; thence Easterly 190 feet, more or less to the centerline of Bates
Street; thence Southerly along said fine 265 feet, more or less; thence Westerly 150 feet,
more or less; thence Southerly 266 feet. more or less; thence easterly 752 feet, more or less
to the centerline of Pierce Street; thence Southerly along said line 2930 feet, more or less to
the centerline of Catalpa Drive; thence Easterly along said line 1280 feet, more or less to the
centerline of Grant Street; thence Southerly 1382 feet, more or less to the centerline of 14 Mile
Road; thence Southerly along said line 3940 feet; more or less to the northwest corner of
Greenfield Villas Subdivision; thence Southerly along the west line of ead Subdivision 1301
feet, more or less to the centerline of 13 Mile Road at the northwest corner of Meadowlawn
Gardens Plat; thence Southerly 901 feet, more cr less to the centerline of Judson Avenue;
thence Easterly 16-15 feet, more or less, along said line; thence Southerly 900 feet, more or
less, to the south R.O.W. line of Albert Avenue; thence Easterly 900 feet, more or less, to the
centerline of Garden Avenue; thence Southerly 130 feet, more or less, along said line; thence
Easterly 600 feet, more or less, to the centerline of Harvard Read; thence Northerly 135 feet,
more or less; thence Easterly 370 feet, more or less, along the south R.O.W. of Albert Avenue
extended to a point on Beaumont Hospital property: thence Northerly 35 feet, more or less,
thence Westerly 30 feet, more or less; thence Northerly 105 feet, more or less; thence Easterly
175 feet, more or less; thence Southerly 75 feet, more or less; thence Easterly 70 feet, more
or less; thence Southeasterly 83 feet, more or less; thence Northeasterly 195 feet, more or
less; thence Southwesterly 210 feet, more or less, thence Southwesterly 115 feet, more or
less; thence Southerly 135 feet , more or less; thence Easterly 85 feet, more or less; thence
Southeasterly 100 feet, more or less; thence Easterly 225 feet, more or less; tnence
Northeasterly 145 feet, more or less, to the scutheast corner of Lot 353 of Broadacres
Subdivision; thence Northwesterly 320 feet, more or less, to a point approximately 25 feet weet
of the west line of Broadacres Subdivision at Albert Street (vacated); thence Northeasterly 630
feet, more or less; thence Northwesterly 145 feet, more or less; thence Southwesterly 335
feet, more or less, to a point on the east R.O.W. line of Tyler Avenue (vacated) at the NW
corner of Lot 309; thence Northwesterly 200 feet, more or less; thence Northeasterly 80 feet,
more or less; thence Southeasterly 80 feet, more or less; thence Northeasterly 125 feet, more
or less; thence Northerly 160 feet, more or less; thence Northeasterly 515 feet, more or less,
to the centerline of Monier Avenue (vacated); thence Southerly 410 feet, more or less; thence
rir:_d4ta`.9518.51:95721:1VMTAZ56.01DC
Page3 of 5
- APPENDIX 4, page 9
Easterly 195 feet, more or less, to the west property line of Judson Bradways Woodward
Monier Subdivision at the SW corner of Lot 156; thence Southerty along said line 520 feet,
more or less; thence Northeasterly 740 feet, more or less,; thence Northwesterly 200 feet,
more or less; thence Northeasterly 100 feet, more or less, to the west R.O.W. line of Coolidge
Highway (at the south R.O.W. line of Albert Avenue); thence Northwesterly 200 feet, more or
less, along said line; thence Northerly 365 feet, more or less; thence Northeasterly 950 feet,
more or less, to the east R.O.W. line of Woodward Avenue extended; thence Southeasterly
along said line 1500 feet, more or less to the southwest corner of Lot 181 of Woodwarciside
Subdivision; thence Northeasterly 410 feet, more or less; thence Southeasterly 316 feet, more
or less; thence Northeasterly along the back lot line between Sembridge and Raiford Roads,
1350 feet, more or less to the centerline of Shenandoah Drive; thence Northerly along said line
85 feet, more or lass; -thence Easterly 166 feet more 07 less to the northeast corner of Lot 8 of
Starr Garden Farms; thence Southerly 400 feet, more or less; thence Easterly 351 feet, more
or less; thence northerly 500 feet, more or less to the southeast corner of Lot 011 or Starr
Garden Farms; thence Easterly 720 feet, more or less; thence Northerly 575 feet, more or
less; thence Easterly 380 feet more or less to the centerline of Wood!and Avenue; thence
Northerly 155 feet, more or less to the north line of Section 8 at Thirteen Mile Road; thence
Fasterly along said line 1390 feet, more or less to the northeast corner of Section 8 at Crooks
Road; thence Southerly along the east line of Section 8, 720 feet, more or less to the centerline
of Poplar Avenue extended; thence Easterly along said line 2450 feet, more or less to the
centerline of Marais; theoce Northerly along said line 205 feet, more or less to the centerline of
Poplar Avenue; thence Easterly along said line 230 feet to the west line of Beverly Woods
Subdivision, thence Northerly 525 feet, more or less to the north line of Section 9 at Thirteen
Mile Read; tnence Easterly 500 feet more or less; thence Southerly 660 feet, more or less;
thence Easterly 365 feet, more or less; thence Southerly 550 feet, more or less to the
southeast corner of I3everly Woods Subdivision; thence Easterly 205 feet, more or less to the
centerline of Columbus Avenue; thence Northerly 125 feet, more or less; thence Easterly 120
feet, more or less; thence Northerly 685 feet. more or less; thence Easterly 50 feet, more or
less; thence Northerly 385 feet, more or less to the north line of Section 9 at Thirteen Mile
Road; thence Easterly 330 feet. more or less to the northeast corner of Williams Meadows
Subdivision; thence Southerly 333 feet, more or less; thence Easterly 95 feet, more or less;
thence Southerly 124 feet, more or less; thence Easterly 465 feet, more cr less to the
chmeinSST&S7304:1311141158,doe
Page4 of 5
t • _ APPENDIX 4, page 10
northeast corner of Beverly Woods Subdivision No. 1; thence Northerly 300 feet, more or less;
thence Easterly 300 feet, more or less; thence Northerly 153 feet, more or less to the north tine
of Section 9 at Thirteen Mile Road; thence Easterly 152 feet, more or less te the northeast
corner of Section 9 at Main Street; thence Southerly along the east line of Section 9, 1145 feet,
more or less; thence Easterly 1410 feet, more or less to the centerline of Rochester Road;
thence Southerly 90 feet. more or less; thence Easterly 355 feet, more or less to the northeast
corner of Shulers Lucky Subdivision; thence Northerly 148 feet, more or less; thence Westerly
40 feet, mere or less; thence Northerly 173 feet, more or less to the centerline of LaSalle
Avenue; thence Westerly 260 feet, more or less; thence Northerly 435 feet, more or less to the
northwest corner of Red Run Heights No. 3 at Rochester Road;, thence Easterly 1410 feet,
more or less to the north-south 114 line cf Section 10 at Alexander Avenue; thence Northerly
440 feet, more or-less to the north line of Section 10 at Thirteen Mile Road; thence Easterly
2400 feet to the northeast corner of Section 10 at Campbell Road; thence Northerly 3780 feet
more or less; thence easterly 520 feet, more or less; thence northerly 980 feet., more or less;
thence westerly 170 feet, more or lees; thence northerly 440 feet, more or less, to the north line
of Section 2 at Fourteen Mile Road; thence westerly 350 feet, mcre or less, to the northeast
corner of Section 3 at Fourteen Mile Road; thence Westerly 2600 feet, more cr less to the
Royal Oak Corporation line at Rochester Road, thence Southerly 690 feet more or less to the
centerline of Grove Avenue; thence Westerly 185 feet, more or leas; thence Southerly 170
feet, more or less to the southeast corner of Lot 89 of Parkland SubevisiOn; thence Westerly
-1060 feet, more or less to the east line of Clawson park at Bellevue; thence Northerly 555 feet.
more or less; thence Westerly 170 feet, more or less; thence Southerly 900 feet, more or less
to the centerline of Wa!per Avenue; thence Westerly 1190 leet to the west line of Section 3 at
Main Street; thence Northerly along said line 6625 feet, more or less to the northeast corner of
Section 33 at Maple Road, also being the POINT OF BEGINNING.
f 1lisc_dlnaigtt.57195270%.teNtltr511 doc
Page 5 of 5
APPENDIX 4, page 11 TRCKE T I • 04-SEP- 99 124* y MO s nop.d
1 I II
e 12
11111111= \ BE- vER AIRPORT
Wow=
_ 75
5CALE:1' • 2000'
• • r.
• •
28
RD. MAPLE
[3; -14 27
I
\ MEM
35
JOB NO.
95730
DATE
B-1-37
& CLARK, INC.
ENOINCERS
P.O. BOX 824
48303-0824
SHEE T NO.
FIGURE 1
.-APPENDIX 4, pap - 'PAH NOSN3Hd3IS J
liargla"114 Orr
1411151111111.111
ANA. T 111.1111111.1. '
mm ew 111
111111171.1ailelFaiaril aig imam
-
D.X E D U
ELMWC ELMWC)00 AVE.
DRAINA iA E ins-rn CT
SP NCER
- 1- •
-t
ow=
I I arti _ ' ,--
_ Annum t ANIIINNIIII c;
r - -I -I I -I ' EU - 11111111611111 II
r • • - -7114..1 11r1V--- . .-
1
- - - x
iii NOM 1111111/ NEMaU 1• ,---r- I. REVISED 9-4-97
12 TOWNS NORTH ARM RELIEF
2
HUBBELL, ROTH
CONSULTING
555 VuLET DRIVE
61.001AFIELD HILLS. MICH.
Copirkitt Huttell. Rath axl Clark, Inc. 1995
All Rights Reserved
APPNDI,e4, page 13
NORTH ARM RELIEF DRAIN
Preliminary Estimate of Costs
Construction Costs $11,696,000
Engineering 930,000
Financing Expenses 374,270
Oakland County Drain Commissioner
Project Management 2,752,730
Construction Contingencies (10%) 1,792,000
Attorneys Fees on Lawsuits 375,000
TOTAL COSTS $17,920,000
las,ec-roy19
APPENDIX 5
As soon as the Clawson Litigation is completed, the Drainage
District intends to sell drain bonds pursuant to the Drain Code
of 1956, as amended which will be primarily payable from the
Clawson Drain Assessment against the City of Clawson and any
additional assessments against the Constituent Public Agencies
and Corporations. The proceeds of these bonds will he used to
repay the County Advance plus interest thereon and any increase
in the Estimate of Costs approved by the Drainage Board.
las.r1-roy19
1
APPENDIX 5, page 2
City of Royal Oak
North Arm Relief Drain Revenue Bonds, Series 1998
Debt Service Schedule
Assuming a County Advance and the Bonds are sold to the State of Michigan
Period Ending
9/1 Principal Interest Rate Interest Total
1999 $590,000.00 2.25% $329,287.50 919,287.50
2000 600,000.00 2.25% 316,012.50 916,012.50
2001 615,000.00 2.25% 302,512.50 917,512.50
2002 630,000.00 2.25% 288,675.00 918,675.00
2003 645,000.00 2.25% 274,500.00 919,500.00
2004 655,000.00 2.25% 259,987.50 914,987.50
2005 670,000.00 2.25% 245,250.00 915,250.00
2006 685,000.00 2.25% 230,175.00 915,175.00
2007 700,000.00 2.25% 214,762.50 914,762.50
2008 720,000.00 2.25% 199,012.50 919,012.50
2009 735,000.00 2.25% 182,812.50 917,812.50
2010 750,000.00 2.25% 166,275.00 916,275.00
2011 765,000.00 2.25% 149,400.00 914,400.00
2012 785,000.00 2.25% 132,187.50 917,187.50
2013 800,000.00 2.25% 114,525.00 914,525.00
2014 820,000.00 2.25% 96,525.00 916,525.00
2015 840,000.00 2.25% 78,075.00 918,075.00
2016 860,000.00 2.25% 59,175.00 919,175.00
2017 875,000.00 2.25% 39,825.00 914,825.00
2018 895,000.00 2.25% 20.137.54 915 137.50
$14.635.000 $3,699.112.50 $18.334.112.50
las.lot us.royl 9
APPENDIX 6
DRAIN CONSTRUCTION AGREEMENT
This Drain Construction Agreement dated as of June 1, 1998
is made and entered into pursuant to Act No. 40 of the Public
Acts of Michigan of 1956, as amended, known as the Drain Code of
1956 ("Act 40") and Act No. 94 of the Public Acts of Michigan of
1933, as amended, known as the Revenue Bond Act ("Act 94")
(together the "Enabling Acts") between the City of Royal Oak a
Michigan Municipal Corporation (the "City") and the North Arm
Relief Drain Drainage District, Oakland County, Michigan (the
"Drainage District")
WITNESSETH
WHEREAS, the City has petitioned the Drainage District
requesting that the Drainage District construct a drain to
alleviate flooding within the City which drain cannot currently
be financed by the Drainage District because of pending
litigation; and
WHEREAS, the City wishes to cause the drain to be
constructed immediately and is willing to provide the funds
through the sale of revenue bonds pursuant to Act 94 to cause
such immediate construction to occur; and
1
WHEREAS, the Drainage District is willing to construct the
Drain using the cash advanced from the City of Royal Oak on its
behalf and on behalf of the Cities (as defined hereafter) as well
as a cash advance to cover the estimated share of the City of
Clawson which cash advance will be made either by the City or the
County of Oakland.
NOW, THEREFORE, pursuant to the power granted to the City
and the Drainage District by the Enabling Acts, the City and the
Drainage District agree as follows:
ARTICLE I
Section 1. The following terms shall be as defined in
Article I of the Interlocal Agreement:
(a) Act 40.
(b) Act 94.
(c) Additional Bonds.
(d) Best Efforts.
(e) Cities.
(f) Bonds.
(g) City of Clawson.
(h) Clawson Drain AssessmPrit.
(i) Clawson Litigatiork.
(j) County.
(k) County Advance.
( 1 ) Drain.
2
ns (a)
(m) Drain Bonds.
(n) Drain Assessment or Drain Assessmentq
(o) Drain Board.
(p) Extra Drain Assessment.
(q) Proceeds from the Bonds.
(r) Revised Final Order of Apportionment,
(s) Village.
Section 2. The following additional terms shall be
defined as follows:
EuOIiC Aaen Hnn vornc-yr
"Constituent Public Agencies and Corporations" shall mean
the Cities, the Village, the County, the Michigan Department of
Transportation and the Drainage District.
(b) Interlocal Agreement. "Interlocal Agreement"
shall be the Agreement dated as of June 1, 1998 among the
Constituent Public Agencies and Corporations pursuant to which
the Bonds are being issued and the funds provided to construct
the Drain.
ARTICLE II
CONSTRUCTION OF DRAIN
Section 1. The City of Royal Oak intends to issue the
Bonds and, if necessary, to issue the Additional Bonds for the
3
purpose of paying special assessments against the Constituent
Public Agencies and Corporations to enable construction of the
Drain.
Section 2. The Drainage District is willing to construct
the Drain to benefit the Constituent Public Agencies and
Corporations in advance of the issuance of Drain Bonds if the
Constituent Public Agencies and Corporations pay or cause to be
paid sufficient funds to the Drainage District to permit
construction of the Drain to begin in 1998.
Section 3. Before construction of the Drain, the
Drainage District will publicly advertise for and solicit bids
from contractors to construct the Drain based upon engineering
plans and specifications approved by the Drain Board, which bids
are expected to be received on July 28, 1998.
Section 4. Once the low bidder has been determined by
the Drain Board, it will award the contract or contracts for
construction subject to receipt of the Proceeds from the Bonds,
which action is expected to occur on August 11, 1998.
Section 5. The Drainage District agrees to cause the
Engineers for the Drain to deliver to the City such descriptions
of the Drain, its route and costs as are necessary for the City
to issue the Bonds.
4
ARTICLE III
SPECIAL ASSESSMENTS FOR THE DRATN
Section 1. After approving the Estimate of Costs, the
Drain Board will cause the preparation of and approve a special
assessment roll to be based upon the apportionments set forth in
the Revised Final Order of Apportionment.
Section 2. If, it shall be necessary to increase the
Estimate of Costs for any reason, the Drainage District shall
prepare a revised or supplemental special assessment roll
assessing the amount of such increase to the public corporations
in accordance with the apportionment formula reflected in the
Revised Final Order of Apportionment.
Section 3. If, after the Clawson Litigation is completed
by either a final order not appealable or not appealed from,
which changes the percentages set forth in the Revised Final
Order of Apportionment, the Drain Board shall prepare a Second
Revised Final Order of Apportionment and thereafter hold a
hearing thereon after which a revised or supplemental assessment
roll will be prepared and approved.
Section 4. Once the payment schedule for the special
assessments under Section 1 is approved, the City of Royal Oak
intends to issue the Bonds which will be repaid by the Cities the
5
proceeds of which, after payment of issuance costs, will be paid
to the Drainage District to satisfy the special assessments. The
special assessments required under Section 2 of this Article once
paid to the Drainage District shall either be used to pay the
County for the County Advance or to pay the City of Royal Oak for
its advance.
ARTICLE IV
PAYMENTS TO DRAINAGE DISTRICT FROM THE PRWRRT)R rpnm mT.7, nnmnq
Section 1. The City agrees that as soon as it issues the
Bonds and it received the Proceeds from the Bonds, after the
payment of issuance costs, it will disburse or cause to be
disbursed the remaining Proceeds from the Bonds to the Drainage
District in accordance with the provisions of Section 2 or
Section 3 whichever is applicable.
Section 2. If the Bonds are sold to the State of
Michigan, Proceeds from the Bonds will be disbursed as provided
in Appendix A of this Agreement.
Section 3. If the Bonds are not sold to the State of
Michigan, the Proceeds from the Bonds will be disbursed to the
Drainage District on the day the Bonds are delivered to the
purchaser.
6
Section 4. If Additional Bonds are issued, the City
agrees to disburse the proceeds of the Additional Bonds, less any
costs of issuance, to the Drainage District on the day the
Additional Bonds are delivered to the purchaser.
ARTICLE V
DRAINAGE DISTRICT ACTIONS
Section 1. If the Bonds are sold to the State of
Michigan and the Drainage District does not receive the County
Advance, the Drainage District will acknowledge the satisfaction
of its special assessment against each of the Constituent Public
Agencies and Corporations as provided in Exhibit A to this
Agreement. Once all Bond Proceeds are disbursed this credit will
equal 100% of the assessments being satisfied in this manner.
Section 2. If the Bonds are not sold to the State of
Michigan but the Drainage District receives the County Advance,
the Drainage District will issue a credit to each of the
Constituent Public Agencies and Corporations in the amount of the
Bond Proceeds obtained by the Drainage District on behalf of
each.
Section 3. If the Drainage District has received the
County Advance, when the Clawson Litigation is concluded by the
7
entry of a final order of a court not appealable or not appealed
from, the Drainage District shall proceed to use its Best Efforts
to issue the Drain Bonds in anticipation of the collection of the
Clawson Drain Assessment plus interest thereon from September 1,
1998 at a rate sufficient to repay interest on the County
Advance, less the amount of any cash payments received by the
Drainage District from the City of Clawson. Once the proceeds of
the Drain Bonds and any cash payments are received, the proceeds
thereof, less the costs of issuance, shall be paid to the County
of Oakland to repay the County Advance.
Section 4. If the Drainage District has not received the
County Advance, when the Clawson Litigation is concluded by the
entry of a final order of a court not appealable or not appealed
from, the Drainage District shall proceed to use its Best Efforts
to collect the Clawson Drain Assessment plus interest thereon
from September 1, 1998. Once the proceeds of the Clawson Drain
Assessment are received, the proceeds shall be paid to the City
of Royal Oak and used by it to retire the Bonds as provided in
Article C, Section 9 of the Interlocal Agreement.
8
By:
Its: Chairm
By:
Its:
CITY OF ROYAL OAK
By:
Its:
By:
Its: Clerk
ARTICLE VI
AMENDMENT AND EFFECTIVE DATE
Section 1. This Agreement may be amended by a written
document signed by authorized officers of the parties hereto
after approval of such amendment by resolution of the governing
body of each party.
Section 2. This Agreement is dated as of June 1, 1998
for convenience of reference, but it shall be come effective upon
the approval of the governing bodies and he execution thereof by
the authorized officers of each party.
IN WITNESS WHEREOF, the undersigned have caused this
Agreement to be made and entered into as of June 1, 1998.
NORTH ARM/RELIEF DRAIN DRAINAGE DISTRICT
las.rl-roy19
9
APPENDIX A
PROCEDURES FOR DISBURSEMENT OF
BOND PROCEEDS FROM THE MICHIGAN WATER POLLUTION
CONTROL REVOLVING LOAN FUND PROGRAM
1. The Drainage District agrees to prepare and submit as
the agent of the City a request for disbursement of funds to the
Michigan Department of Environmental Quality once each month
beginning on October 15, 1998 and continuing in the 15th day of
each succeeding month until the Drain is completed and all Bond
Proceeds are disbursed, which request will be in the form
attached as Exhibit 1.
2. Upon approval of the City Commission of the City, the
Disbursement of Funds will be requested by the Oakland County
Drain Commissioner as the Agent for the City under such terms as
are provided for in the approval.
3. The City agrees to provide to the Drainage District the
necessary information regarding the financing costs for the Bonds
which will be provided to the Drain Commissioner no later than
October 1, 1998.
4. As each disbursement is received by the Drainage
District, a credit will be made against the special assessments
due from each of the Constituent Public Agencies and Corporations
in a form set forth as Exhibit 2 attached hereto.
las.r1-roy19
AMOUNT REQUESTED
THIS PERIOD
(City. State & Zip)
G. Recipient's Bank Name:
Address: (Street, P,O. Bac)
(cty. state & ZP)
Account Name:
Special Instructions:
H. Budget Items (Round amounts to the nearest dollar)
BIN:
Phone* (
ABA1
Account#
AMOUNT REQUESTED
CUMULATIVE TO DATE
EXHIBIT 1
MICHIGAN DEPARTMENT OF.ENVIRONMENTAL QUALITY - ENVIRONMENTAL ASSISTANCE DIVISION
MUNICIPAL FACILITIES SECTION
MICHIGAN WATER POLLUTION CONTROL REVOLVING LOAN FUND PROGRAM REQUEST FOR DISBURSEMENT OF FUNDS
MIS INF3RM4770N IS REQU'RED LWDLR AUTHORITY OF PART 63 CLEAN WATER ASSISTANCE, OF ME NATURAL RESOURCE AND ENVIRONMENTAL
PROTECTION ACT (NREPAI. ACT 451 OF THE PUBLIC ACTS OF 1994. BEING SEC770N 324.5301 TO 324.5316 OF ME MICHIGAN COMPILED LAWS ANNOTATED.
FAILURE TO SUBMIT REQUEST WILL RESULT IN NON-DISBURSEMENT OF LOAN FUNDS.
PLEASE SEE OTHER SIDE FOR INSTRUCTIONS TO COMPLETE REQUEST
A. SRF Project # B. Request # C. Period Covered by Request D. Type of Request E. SRF Loan Amount
to CI partial 0 final
iVuUiT) iM/1,31 T
F. Recipient's Name: Phone# ( ) _ I
Address: (street. P.O. 801
1. USER CHARGE SYSTEM DEVELOPMENT COSTS
2. DESIGN ENGINEERING COSTS
3. LEGALIFINANCLAL SERVICE FEES
4. ADMINISTRATIVE COSTS
5. BOND COUNSEL FEES
6. BOND ADVERTISEMENT COSTS
7. BID ADVERTISEMENT COSTS
B. CAPITALIZED INTEREST
9. LAND ACQUISITION/RELOCATION COSTS
10. LAND PURCHASE COSTS
11. CONSTRUCTION ENGINEERING COSTS
12. CONSTRUCTION COSTS (bid contracts)
13. CONSTRUCTION COSTS (force 'accouni)
14. EQUIPMENT COSTS
15. OTHER PROJECT COSTS
16. TOTAL AMOUNT REQUESTED THIS PERIOD
17. TOTAL CUMULATIVE AMOUNT REQUESTED TO DATE
18. AMOUNT PREVIOUSLY DISBURSED
19. AMOUNT REQUESTED FOR DISBURSEMENT
I certify that, to the best of my knowledge and belief, the costs above were incurred in accordance with the terms of the supplemental agreement and the
application for SRF assistance for this project. I further certify the amount requested for disbursement represents the loan amount due, which has nct previously
been requested.
Authorized Representative Name (Print or Type):
Authorized Representative Signature (Original):
PLEASE RETURN THIS COMPLETED REQUEST TO THE ADDRESS SHOWN ON REVERSE SIDE
Date
EXHIBIT 2A
ACKNOWLEDGMENT OF RECEIPT OF
SPECIAL ASSESSMENTS AGAINST
CONSTITUENT PUBLIC AGENCIES AND CORPORATIONS
FOR THE NORTH ARM RELIEF DRAIN
The undersigned Drain Commissioner of the County of Oakland and
Chairman of the Drainage Board of the North Arm Relief Drain Drainage
District (the "District") hereby acknowledges receipt of part of the
drain assessment approved on , 1998 by the Drainage Board
for the District against the following municipalities and public
agencies:
Assessed Unit
of Government
Amount of
Original
Assessment
Amount of
Assessment
Paid by
Disbursement
of Pond Proceeds
Principal
Amount of
Remaining
Assessment
City of Royal Oak
City of Birmingham
City of Southfield
Village of Beverly Hills
City of Madison Heights
City of Troy
County of Oakland on
account of drainage of
County highways
State of Michigan on
account of drainage of
State highways
Dated:
las.rl-roy19
George W. Kuhn
Drain Commissioner and
Chairman, Drainage Board
Share of
Total
Advance
Amount of
Partial Advance
Paid by
Disbursement
of Bond Proceeds
Principal
Amount
Remaining
To Be
Advanced
EXHIBIT 2B
ACKNOWLEDGMENT OF RECEIPT OF
COUNTY ADVANCE BY
CONSTITUENT PUBLIC AGENCIES AND CORPORATIONS
(NO COUNTY ADVANCE HAS OC('URRED)
The undersigned Drain Commissioner of the County of Oakland and
Chairman of the Drainage Board of the North Arm Relief Drain Drainage
District (the "District") hereby acknowledges receipt of part of an
advance equal to Clawson's share of the amount received:
Unit of
Gov ,=rnment
City of Royal Oak
City of Birmingham
City of Southfield
Village of Beverly Hills
City of Madison Heights
City of Troy
County of Oakland on
account of drainage of
County highways
State of Michigan on
account of drainage of
State highways
Dated:
George W. Kuhn
Drain Commissioner and
Chairman, Drainage Board
las.rl-roy19
100.000%
DRAINAGE BOARD FOR THE
NORTIkiLRM RELIEF DRAIN
By:
Chairm
APPENDIX 7
REVISED
FINAL ORDER OF APPORTIONMENT
IN RE
NORTI I ARM RELIEF DRAIN
In accordance with a resolution adopted by the Drainage Board for the North Arm
Drain on the 17th day of February, 1998, the apportionments of the cost of the North Arm Drain
to be borne by the several public corporations are as follows .
City of Royal Oak 47.836%
City of Southfield 0.544%
Village of Beverly Hills 2.578%
City of Birtaingharn 21.175%
City of Clawson 18.340%
City of Madison Heishts 0.187%
City of Troy 6.509% •
County of Oakland, on account
of drainage of county highways 1.006%
State of Michigan, on account
of drainage of state higNways 1.825%
Dated: February 17, 1998
Filed: Febniary 17, 1998
berstorr P101440 1099J6
•
APPENDIX 8
PERCENTAGE OF OBLIGATIONS
EXCLUSIVE OF THE CITY OF CLAWSON
Public
Corporation Percentage
Beverly Hills 3.157%
Birmingham 25.931%
Madison Heights 0.229%
Royal Oak 58.579%
Southfield 0.666%
Troy 7.971%
State of Michigan 2.235%
(Highways)
County of Oakland 1.232%
(Roads)
TOTAL 100.000%
Each of the Constituent Public Agencies and Corporations
agree to the allocation set forth above (as applied to the
principal amount of the Bonds or Additional Bonds) as its benefit
from the Bonds or Additional Bonds to be issued by the City of
Royal Oak for purposes of Section 265(b)(3)(C)(iii) of and rebate
obligations under the Internal Revenue Code of 1986, as amended;
and provided that if any Constituent Public Agency or Corporation
pays the amount of its drain assessment in cash to the Drainage
District by August 15, 1998 pursuant to Article D of the Contract
and Interlocal Agreement, the allocation of the amount of the
Bonds shall be zero ($0).
las.r1-roy19
1
C
S I
FISCAL NOTE (Misc. Itc,8164
BY: Finance Committee, sue Ann Douglas, Chairperson
IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT; EXECUTION OF THE INTERLOCAL
AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO EXCEED THREE
MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT ($3,286,528)
DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS ASSESSMENT FOR COUNTY
ROADS LOCATED WITHIN DRAINAGE DISTRICT
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. The Interlocal Agreement among Oakland County, the North Arm Relief
Drain Drainage District, the State of Michigan, and the six local
municipalitiess identified in the Interlocal Agreement have entered
into an agreement to permit the immediate construction of the North
Arm Relief Drain project.
2. This project is urgent and necessary in that it addresses serious
public health and welfare concerns.
3. The total cost for this project is $17,920,000 to be assessed to
benefiting cities and governing authorities based on proportionate
benefits assessed.
4. The City of Clawscn's obligation of $3,286,528 is pending the
outcome of litigation to determine reqpnn1h111ty.
5. In order to proceed with this project funds of $3,286,528 will be
loaned from the Delinquent Tax Revolving Fund (DTRF) to the General
Fund. Funds will be repaid with interest at the current six month
Treasury Bill rate. The interest rate will change every six months
and ionterest will be compounded quarterly. The North Arm
Construction Fund will borrow funds from the General Fund at the
same interest rate and conditions as the loan from the DTRF.
6. Oakland County's apportionment of 1.006% which equates to an
assessment of $180,275.20 will be funded through the Royal Oak bond
sale.Funds are budgeted in the General Fund Non-Departmental Drain
Assessment Account for repayment of the bond (ref. County Executive
Recommended Budget for FY 1999 and FY 2000).In the event that
Oakland County receives an additional assessment, an additional
appropriation may be necessary.
7. Administrative costs of the Oakland County Drain Commission for this
project shall be paid by the North Arm Relief Drain Drainage
District.
8. The City of Clawson's legal costs and attorney fees will be borne by
the City of Clawson and not by the North Arm Relief Drain Drainage
District.
FINANCE COMMITTEE
/OIL(
Finance Committee Vote:
Motion carried on roll call vote with Palmer dissenting.
ATTACHMENT TO FISCAL NOTE
REVOLVING FUND BORROWING AGREEMENT
WHEREAS the County of Oakland is desirous of borrowing monies from the
Oakland County Delinquent Tax Revolving Fund, and
WHEREAS the Delinquent Tax Revolving Fund Agent has determined
sufficient monies are available to loan to the County,
THEREFORE, in consideration of agreements set forth below it is hereby
agreed by and between the parties as follows:
The County General Fund will borrow the principal sum of $3,286,528 from
the Delinquent Tax Fund to be paid back in annual principal and interest
payments not to exceed five (5) years. Said payments shall be deducted from
the annual Revolving Fund distribution made to the County on or about June 1st
of each year. Interest on each payment will be based on the average monthly
rate paid during the term of this agreement by the agent of the Delinquent Tax
Revolving Fund for that year's outstanding borrowing. The schedule of
principal payments will be:
Year
4
Principal
Tota l
AGENT FOR REVOLVING FUND FINANCE AND PERSONNEL COMMITTEE
I HEREBY
L. Brooks *otters° ()linty Executh7e-
EGOING F?ESOLUT?
Date
r' I • 4
Resolution #98164 July 16, 1998
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, Millard, Moffitt, Obrecht,
Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
»tee 2:o:7
a4-me
ade-p&
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 July 16, 1998 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 16th day o July 8.
D. Allen, County Clerk
MEMO
To: All Commissioners
From: John P. McCulloch, Chairperson
Subject: Memorandum dated July 22, 1998, from Joseph W. Colaianne
Date: July 30, 1998
Attached is a copy of a memorandum I received from Mr. Colaianne of Corporation Counsel's
Office regarding the North Arm Relief Drain Interlocal Agreement, which I believe is self-
explanatory.
I have asked staff to add this memorandum to the August 6, 1998, Board of Commissioners'
agenda under New and Miscellaneous Business if you should have any questions or comments.
/ru
Attachment
g1
a- C or
• *
• •
L BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
Gerald D. Poisson, Director 858-0553 DEPARTMENT OF CORPORATION COUNSEL Joseph W. Colsianne 975-9616
Memorandum
PRIVILEGED AND CONFIDENTIAL
To: John P. McCulloch, Chairperson
Oakland County Board Of Commissioners
From: Joseph W. Colaianne
Date: July 22, 1998
Subject: North Arm Relief Drain Interlocal Agreement
As I indicated in our telephone conversation of July 22, 1998, yesterday I learned
for the first time that the Interlocal Agreement which you and Mr. Kuhn executed last
week, was different from the Interlocal Agreement that was presented to and
approved by the Board of Commissioners. Specifically, page 12 of the interlocal
agreement added a "Section 6" to Article E, This section reads as follows:
Section 6. The City of Royal Oak agrees to pay any assessment against
MDOT which is greater than the sum which would be yielded by application
of the formula in Section 14a of 1951 PA 51, as amended, M.C.L. 247.664a;
MSA 9.1097(14a).
The discrepancy [between the Interlocal Agreement passed by the BOC and the
Interlocal Agreement you executed] was identified when all 25 copies of the
agreements were delivered to the State of Michigan and reviewed by an assistant
with the Attorney General's Office. I learned about the discrepancy when Royal
Oak's City attorney, Charles Semchena, called me to inform me that the attorney
general's office had certain concerns with the agreement. Mr. Semchena explained
further, that the section 6 language to the Interlocal Agreement was added at the
last minute sometime last week and that he simply forgot to inform me.
As I indicated to you yesterday, the above referenced addition to the Interlocal
Agreement, obligates Royal Oak to indemnify the State, and therefore, this section
will have no impact on the County. Nonetheless, once again, I apologize for not
detecting this additional language prior to the agreements being executed by you
and Mr. Kuhn.
COUNTY MICHIGAN
Finally, I have spoken with Assistant Attorney General George M. Elworth, the
Couil Tower - 'Nest 'Meg • 1200 North Telegraph Road • Pontiac. Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003
joseiTh W. Colaianne
Assistant Corporation Counsel
•
. • ••••
•
• •
OAKLAND COUNTY CORPORATION COUNSEL
John P. McCulloch, memo
(July 22, 1998)
Page 2.
attorney assigned to review the Interlocal Agreement on behalf of the State. I
informed him that I had spoken with you, and that, despite the discrepancy noted
above, that the executed Interlocal Agreement was acceptable.
Based on the foregoing, it may be prudent to have the Board approve this added
language to the Interlocal Agreement. However, I will leave it to you to take any
further BOG action you believe is necessary.
Should you have any questions, please call.
OAKLAND COUNTY CORPORATION COUNSEL
Gerald D. Poisson, Director
cc: Gerald D. Poisson, Director
Court Tower • West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341.0419 • (248) 858-0550 • Fax (248) 858.1003
f
o,
Resolution 498164 August 6, 1998
Moved by Palmer supported by Jacobs the resolution be amended in the
Interlocal Agreement, on page 12, by adding a "Section 6" to Article E. This
section reads as follows:
Section 6. The City of Royal Oak agrees to pay any assessment against
MDOT which is greater than the sum which would be yielded by application
of the formula in Section 14a of 1951 FA 51, as amended, M.C.L. 247.664a;
MSA 9.1097(14a).
A sufficient majority having voted therefor, the amendment carried.
Moved by Palmer supported by Jensen the resolution be amended by adding the
following BE IT FURTHER RESOLVED, to read as follows:
BE IT FURTHER RESOLVED that the Drainage Board for the North Arm
Relief Drainage District use its best efforts to facilitate having the
City of Clawson included in the 2;1% SRF bond issue.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey,
Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
L Brooks Patty‘son, County Executive Date
I HEREBY LJJ
- '
E FOREGOING RESpLUTvION
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 August 6, 1998 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 6th day of August J42.8.
LynA D. Allen, County Clerk