HomeMy WebLinkAboutInterlocal Agreements - 2016.08.31 - 31116
July 6, 2017
Michigan Department of State
Office of the Great Seal Richard H. Austin Building, 1st Floor
430 W. Allegan Lansing, MI 48918
Dear Office of the Great Seal:
On August 31, 2016 the Board of Commissioners for Oakland County entered into an agreement per MR #16231 – MR
#16231 – Board of Commissioners – Pilot Local Road Improvement Program Fiscal Year 2016 Appropriation – City of Royal Oak – Reconstruct Portions of Meijer Drive – Project No. 2016-28.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Royal Oak, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds County Service Center, Building #14 East
1200 N. Telegraph Rd. Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County
Deanna Fett-Hylla, Corporation Counsel, Oakland County Shannon Miller, Deputy Clerk of the Board, Oakland County Road Commission
Melanie Halas, Clerk, City of Royal Oak
Enclosures
City Commission
September 12, 2016
1
A regular meeting of the Royal Oak City Commission was held on Monday,September 12,2016,in the
city hall, 211 Williams, Royal Oak. The meeting was called to order by Mayor Ellison at 7:30 p.m.
Commissioner DuBuc gave the Invocation. Everyone present gave the pledge of allegiance.
ROLL CALL PRESENT ABSENT
Mayor Ellison
Mayor Pro Tem Fournier
Commissioners Douglas
DuBuc
Mahrle
Paruch
Poulton
* * * * *
PROCLAMATION
CHILDHOOD CANCER AWARENESS MONTH
Mayor Ellison presented Dr.Kate Gowans and Lisa Muma of Beaumont Hospital with a proclamation
recognizing September 2016 as Childhood Cancer Awareness Month.
* * * * *
DONATION OF POLICE SERVICE DOG PROTECTION VEST
Chief O’Donohue introduced members of the Professional Law Enforcement Association who raised
money for a canine protection vest which was presented to Canine Officer Jesse.
* * *
2016 ROYAL OAK ART FAIR COMMUNITY PAINTING
FROM GENISYS CREDIT UNION
Ms.Linda Zabik,of Genisys Credit Union,presented Mayor Ellison with the official piece of art from the 2016
Outdoor Art Fair-Community Art Action.
* * *
PRESENTATION
Mayor Ellison presented City Clerk Melanie Halas with proclamation in recognition of her diligence in
maintaining high standards and service.
* * * * *
PUBLIC COMMENT
Mr.Pat McGee,4524 Elmhurst,expressed concerns about the size of the houses planned for Normandy
Oaks.Why was there a change in the square footage and lot width?He thought the garages were
inadequate.
Mr.Ron Wolf,333 N.Troy,attended Arts,Beats and Eats.There weren’t enough chairs for caregivers in
the handicapped seating area.The music was extraordinarily loud and distorted.They needed more
police to handle the crowd at closing time.
Mr.Randall Lim,500 E.Long Lake,owns Peking House.The Second Street parking lot was vital to his
business. If the surface lot was removed it would kill them. He hoped the city would work with him.
City Commission
September 12, 2016
2
Ms.Stephanie McIntyre represented Arts,Beats and Eats.Festival attendance was 415,000.Sixty-three
meters were painted during Meters Made Beautiful.Honorable mentions went to Kathleen Rulkowski,
Alexa Cavanaugh,Michelle Hurley,Melina Bylow &Corinne Elizabeth,Virginia Naegeli,Kristin Schultz,
Spencer Barrer &Alyssa Reimold,Aliya Moore,Marvin Teeples and Francesca Gagliano.Third place
went to Katie Hosback,second place to Robin DuFour-Hyden and first place to Alyssa Klash &Alan
Ledford.
Mr.Douglas Etkin,2100 Northwestern Highway,appreciated the city commission’s plan to move forward
with the parking deck. He believed it met their needs and requirements.
Mr.Alexander Smith,represented Tree of Life Church located at 3118 Greenfield Road.He introduced
himself and thanked them for letting them be a part of the community.
Mr.Aaron Land of Troy,commutes by bicycle year round.He appreciated their intentions to make the city
safer for cyclists.The sharrows on Main Street were awesome.They’ve improved the biking experience in
the city. He was looking forward to the October meeting.
Mayor Pro Tem Fournier stated the meeting would be Monday, October 3 in the police conference room.
* * * * *
APPROVAL OF AGENDA
Item 10H was pulled from the consent agenda.
Moved by Commissioner Poulton
Seconded by Commissioner Paruch
BE IT RESOLVED that the city commission hereby approves the agenda for the,September 12,
2016 meeting as amended.
ADOPTED UNANIMOUSLY
* * * * *
CONSENT AGENDA
Moved by Commissioner Poulton
Seconded by Commissioner Douglas
BE IT RESOLVED that the city commission hereby approves the consent agenda as follows:
A.BE IT RESOLVED that the city commission minutes of August 8 and 22,2016 are hereby
approved.
B.BE IT RESOLVED that the claims of August 26,30,31,September 2 and 13,2016
audited by the department of finance are hereby approved.
C.Be it resolved,the city commission approves the following requisitions/purchase orders
for fiscal year 2016-17:
Requisition #R004372
Vendor:Truck & Trailer Specialties
Requesting approval for:$74,510
Price Source:bid by another entity/cooperative purchase
Budgeted:$74,510
City Commission
September 12, 2016
3
Department / Fund:motor pool
Description:equipment for replacement dump truck
Requisition #R004394
Vendor:Three Squared, Inc
Requesting approval for:$67,580
Price Source:bid by city of Royal Oak
Budgeted:$67,580
Department / Fund:capital projects/misc grants/restricted
Description:shipping containers for the 2016 eagle park plaza
Requisition #R004396
Vendor:Midwest Collaborative for Libraries
Requesting approval for:$13,100
Price Source:quote
Budgeted:$13,100
Department / Fund:library
Description:overdrive ebooks and culture grams yearly subscription
Requisition #R004397
Vendor:Arts, Beats & Eats
Requesting approval for:$100,000
Price Source:in a multi-year contract
Budgeted:$100,000
Department / Fund:dda/tifa/dda development
Description:event sponsorship that promotes/organizes arts beats
and eats fiscal year 16-17
D.Be it resolved, the city commission declares the above property surplus and authorizes
the disposal of those items by auction. Any net proceeds from the sale of items listed under
“motor pool” will be deposited into the motor pool fund gain on sale of fix assets account
661.000.69301 or miscellaneous revenue account 661.000.67100.
E.Be it resolved,the city commission hereby approves contract modification 2 to Royal Oak
Contract SW1503, 2015 Royal Oak CBD Streetscape Improvement Program with Audia
Concrete Construction of Milford, Michigan as shown on table 1 for the amount of
$11,128.55 and directs staff to adjust the purchase order accordingly.
F.Be it resolved, the city commission hereby approves the contract between the City of
Royal Oak and Laurence G. Allen, MAI for professional valuation services for the appraisal of
30807 Woodward Avenue in the City of Royal Oak.
G.Be It Resolved,that the following amendment to add the following language to the
Parking Citation Ordinance of the Code of the City of Royal Oak at Chapter 115,Section
3, is adopted on second reading:
ORDINANCE NO. 2016-11
AN ORDINANCE TO AMEND THE CHAPTER 115,SECTION 3,THE
PARKING CITATION ORDINANCE OF THE CODE OF THE CITY OF ROYAL
OAK,PROHIBITING PARKING ON PRIVATE PROPERTY WITHOUT
CONSENT.
IT IS ORDAINED BY THE CITY OF ROYAL OAK:
SECTION 1.Chapter 115, Section 3 is amended to add:
City Commission
September 12, 2016
4
K.On any private property in the City of Royal Oak without the express or
implied consent,authorization or ratification of the owner,holder,occupant,
lessee,agent or trustee of such property.Complaint for violation of this Section
shall be made by the owner,holder,occupant,lessee,agent or trustee of such
property.
SECTION 2.SEVERABILITY.If any section,subsection,clause,phrase or portion of
this ordinance is,for any reason,held invalid or unconstitutional by any court of
competent jurisdiction,that portion shall be deemed a separate,distinct and independent
portion of this ordinance,and such holding shall not affect the validity of the remaining
portion of this ordinance.
SECTION 3.SAVINGS.All proceedings pending and all rights and liabilities existing,
acquired or incurred at the time this ordinance takes effect are saved and may be
consummated according to the law in force when they are commenced.
SECTION 4.REPEALER.All or parts of other ordinances in conflict with this
ordinance are repealed only to the extent necessary to give this ordinance full force and
effect.
SECTION 5.EFFECTIVE DATE.This ordinance shall take effect ten days after its
final passage.
ADOPTED UNANIMOUSLY
* * *
APPROVAL OF AMENDED FOURTH RESTATED
ARTS, BEATS AND EATS FESTIVAL AGREEMENT
Moved by Commissioner DuBuc
Seconded by Commissioner Mahrle
Be it resolved,the city commission hereby approves the amended fourth restated Arts,Beats and
Eats festival agreement; and
Be it further resolved,the mayor and city clerk are authorized to execute the agreement on behalf
of the city.
ADOPTED UNANIMOUSLY
* * * * *
CITY ATTORNEY SELECTION COMMITTEE REPORT
Moved by Commissioner Paruch
Seconded by Commissioner DuBuc
Be it resolved,the City Commission hereby accepts the request of Interim City Attorney Mark Liss
dated September 9,2016,to withdraw his name from consideration as permanent city attorney
and to return to the position of assistant city attorney; and
Be it resolved the City Commission appoints David Gillam,member of the law firm Johnson
Rosati,et al.,as acting city attorney effective September 13,2016 at a billing rate of $150 per
hour until such time as a permanent city attorney is chosen by the City Commission; and
Be it resolved,the City Commission confirms that the number of budgeted assistant city attorney
positions remains at two assistant attorneys for the remainder of the 2016-2017 budget year; and
Be it further resolved,the city commission requests that the Human Resources Department
immediately begin the process of seeking applications for a permanent city attorney from
individual attorneys and also to simultaneously begin the process of soliciting proposals from
City Commission
September 12, 2016
5
municipal law firms to perform the duties of a city attorney,advertising the position in as many
legal publications and with as many legal organizations as it deems necessary and appropriate.
ADOPTED UNANIMOUSLY
* * * * *
PUBLIC HEARING
JIMI’S RESTAURANT AND BANQUET HALL, 714 S. WASHINGTON
REQUEST TO ADD SPACE AND AMEND THE PLAN OF OPERATION
Mayor Ellison opened the public hearing.There being no one who wished to speak the public hearing
was closed.
Moved by Commissioner Mahrle
Seconded by Mayor Pro Tem Fournier
BE IT RESOLVED,that the City of Royal Oak approves the request of Pallis Restaurants,Inc.,
doing business as Jimi’s Restaurant,714 S Washington Ave,Royal Oak,MI 48067,to add a
Sunday (AM)sales license,its proposed change of business hours,change in dance hours,
service in a new outdoor service area as presented in the attached Proposed Plan of Operation.
ADOPTED UNANIMOUSLY
* * * * *
RETIREE HEALTHCARE AND PENSION BONDS AUTHORIZATION
AND APPROVE OF COMPREHENSIVE FINANCIAL PLAN
Moved by Mayor Pro Tem Fournier
Seconded by Commissioner DuBuc
Whereas,as part of the City of Royal Oak (the “city”)Retirement System (the “retirement
system”),the city has established a defined benefit plan (the “Royal Oak defined benefit plan”)
that provides pension benefits to full-time employees of the city; and
Whereas,the city also has implemented a defined contribution plan for employees not eligible to
participate in the defined benefit plan; and
Whereas,the city also has established the City of Royal Oak Health Care Fund (the “Royal Oak
health care fund”),through which the city provides health care benefits to certain retired
employees; and
Whereas,Act 34,Public Acts of Michigan,2001,as amended (“act 34”),authorizes a city,through
December 31,2018,(i)in connection with the closure of a defined benefit plan to new or existing
employees,and the implementation of a defined contribution plan,to issue its bonds to pay all or
part of the costs of the unfunded pension liability for that defined benefit plan and the costs of
issuing the bonds,and (ii)to issue its bonds to pay all or part of the costs of the unfunded
accrued health care liability of a health care trust fund and the costs of issuing the bonds,
provided that the amount of taxes necessary to pay the principal of and interest on the bonds for
each such purpose,together with the taxes levied for the same year,shall not exceed the limit
authorized by law; and
Whereas,the city commission of the city does hereby determine that it is in the best interest of
the city to issue its bonds for the foregoing purposes in order to provide better budgetary certainty
and other economic benefits to the city; and
City Commission
September 12, 2016
6
Whereas,pursuant to sections 517(2)and 518(3)of act 34,on September 30,2015,the city
caused to be published in the Royal Oak Review a notice of intent to issue bonds in an amount
not to exceed $165,000,000 to pay all or part of the costs of the unfunded pension liability of the
Royal Oak defined benefit plan and all or part of the costs of the unfunded accrued health care
liability of the Royal Oak health care fund; and
Whereas,the city has prepared a “Comprehensive Financial Plan”relating to its current and
future obligations for each of the Royal Oak defined benefit plan and the Royal Oak health care
fund (the “comprehensive financial plan”),and the city commission now desires to approve the
comprehensive financial plan and to make the same available to the public,all in accordance with
section 518(4) of act 34; and
Whereas,the city commission has determined to issue bonds in one or more series and to use
the proceeds of the sale of such bonds to pay all or part of the costs of the unfunded pension
liability of the Royal Oak defined benefit plan and all or part of the costs of the unfunded accrued
health care liability of the Royal Oak health care fund and the costs of issuing the bonds,all as
hereinafter provided.
Now,therefore,be it resolved by the City Commission of the City of Royal Oak,Oakland County,
Michigan, as follows:
1.Authorization of Bonds – Purpose.
(a)Bonds of the city (the “pension obligation bonds”)shall be issued and
sold for the purpose of defraying all or part of the costs of the unfunded pension liability (as
defined in act 34)of the Royal Oak defined benefit plan and the costs of issuance of the pension
obligation bonds.The pension obligation bonds shall be issued in the aggregate principal amount
determined by order of the city manager or the finance director of the city (each an “authorized
officer”and,together,the “authorized officers”)at the time of sale,but not in an amount in excess
of the lesser of (i)$25,000,000 or (ii)the amount necessary to defray all of the costs of the
unfunded pension liability of the Royal Oak defined benefit plan and the costs of issuing the
pension obligation bonds.
(b)Bonds of the city (the “health care obligation bonds”and,together with
the pension obligation bonds,the “bonds”)shall be issued and sold for the purpose of defraying
all or part of the costs of the unfunded accrued health care liability (as defined in act 34)of the
Royal Oak health care fund and the costs of issuing the health care obligation bonds.The health
care obligation bonds shall be issued in the aggregate principal amount determined by order of
an authorized officer at the time of sale,but not in an amount in excess of the lesser of (i)
$110,000,000 or (ii)the amount necessary to defray all of the costs of the unfunded accrued
health care liability of the Royal Oak health care fund and the costs of issuing the health care
obligation bonds.
2.Bond Details.The pension obligation bonds shall be designated “General
Obligation Limited Tax Bonds,Series 2016A”(with appropriate alternative or additional series
designations or descriptive terms of the bonds)and the health care obligation bonds shall be
designated “General Obligation Limited Tax Bonds,Series 2016B”(with appropriate alternative or
additional series designations or descriptive terms of the bonds).The bonds shall be numbered
from 1 upwards;shall be fully registered;shall be in the denomination of $5,000 each or any
integral multiple thereof not exceeding the aggregate principal amount for each maturity at the
option of the purchaser thereof;and shall be dated such date,shall bear interest at a rate or rates
not exceeding 7%per annum,shall be payable on such dates,and shall be serial bonds and/or
term bonds and mature in such amounts,on such dates and in such years as shall be determined
by an authorized officer at the time of sale.
3.Payment of Principal and Interest.The principal of and interest on the bonds
shall be payable in lawful money of the United States.Principal shall be payable upon
presentation and surrender of the bonds to the paying agent (as defined in section 6 below)as
they severally mature.Interest shall be paid to the registered owner of each bond as shown on
the registration books at the close of business on the 15th day of the calendar month preceding
City Commission
September 12, 2016
7
the month in which the interest payment is due.Interest shall be paid when due by check or draft
drawn upon and mailed by the paying agent to the registered owner at the registered address.
4.Book-Entry System.Initially,one fully-registered bond for each maturity,in the
aggregate amount of such maturity,shall be issued in the name of Cede &Co.,as nominee of
The Depository Trust Company (“DTC”)for the benefit of other parties (the “participants”)in the
book-entry-only transfer system of DTC.In the event the city determines that it is in the best
interest of the city not to continue the book-entry system of transfer or that the interests of the
holders of the bonds might be adversely affected if the book-entry system of transfer is continued,
the city may notify DTC and the paying agent,whereupon DTC will notify the participants of the
availability through DTC of bond certificates.In such event,the paying agent shall deliver,
transfer and exchange bond certificates as requested by DTC and any participant or “beneficial
owner”in appropriate amounts in accordance with this resolution.DTC may determine to
discontinue providing its services with respect to the bonds at any time by giving notice to the city
and the paying agent and discharging its responsibilities with respect thereto under applicable law
or the city may determine that DTC is incapable of discharging its duties and may so advise DTC.
In either such event,the city shall use reasonable efforts to locate another securities depository.
Under such circumstances (if there is no successor securities depository),the city and the paying
agent shall be obligated to deliver bond certificates in accordance with the procedures
established by this Resolution.In the event bond certificates are issued,the provisions of this
resolution shall apply to,among other things,the transfer and exchange of such certificates and
the method of payment of principal of and interest on such certificates.Whenever DTC requests
the city and the paying agent to do so,the city and the paying agent shall cooperate with DTC in
taking appropriate action after reasonable notice to make available one or more separate
certificates evidencing the bonds to any participant having bonds credited to its DTC account or
to arrange for another securities depository to maintain custody of certificates evidencing the
bonds.
Notwithstanding any other provision of this resolution to the contrary,so long as any bond
is registered in the name of Cede &Co.,as nominee of DTC,all payments with respect to the
principal of,interest on and redemption premium,if any,on the bonds and all notices with respect
to the bonds shall be made and given to DTC,as provided in the Blanket Issuer Letter of
Representations between DTC and the city.
5.Prior Redemption.The bonds shall be subject to mandatory and/or optional
redemption prior to maturity upon such terms and conditions as shall be determined by an
authorized officer at the time of sale;provided,however,that the redemption premium to be
payable in connection with any optional redemption of the bonds shall not exceed 3%of the
principal amount of any bond to be redeemed.
6.Bond Registrar, Transfer and Paying Agent.The Huntington National Bank,
Grand Rapids,Michigan,is hereby designated as the bond registrar,transfer and paying agent
(the “paying agent”)for the bonds.The finance director may,as may be necessary or appropriate
under the circumstances,designate an additional or successor paying agent,which shall be a
bank or trust company located in the State of Michigan which is qualified to act in such capacity
under the laws of the United States of America or the State of Michigan.
7.Execution, Authentication and Delivery of Bonds.The bonds shall be executed
in the name of the city by the facsimile signatures of the mayor and the clerk of the city and
authenticated by the manual signature of an authorized representative of the paying agent,and
the seal of the city (or a facsimile thereof)shall be impressed or imprinted on the bonds.After the
bonds have been executed and authenticated for delivery to the original purchaser thereof,they
shall be delivered by the finance director to the purchaser upon receipt of the purchase price.
Additional bonds bearing the facsimile signatures of the mayor and the clerk and upon which the
seal of the city (or a facsimile thereof)is impressed or imprinted may be delivered to the paying
agent for authentication and delivery in connection with the exchange or transfer of bonds.The
paying agent shall indicate on each bond the date of its authentication.
8.Exchange and Transfer of Bonds.Any bond,at the option of the registered
owner thereof and upon surrender thereof to the paying agent with a written instrument of transfer
satisfactory to the paying agent duly executed by the registered owner or his duly authorized
attorney,may be exchanged for bonds of any other authorized denominations of the same series
City Commission
September 12, 2016
8
and aggregate principal amount and maturity date and bearing the same rate of interest as the
surrendered bond.
Each bond shall be transferable only upon the books of the city,which shall be kept for
that purpose by the paying agent,upon surrender of such bond together with a written instrument
of transfer satisfactory to the paying agent duly executed by the registered owner or his duly
authorized attorney.
Upon the exchange or transfer of any bond,the paying agent on behalf of the city shall
cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or
bonds of any authorized denomination of the same series and aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond.If,at the time the
paying agent authenticates and delivers a new bond pursuant to this section,payment of interest
on the bonds is in default,the paying agent shall endorse upon the new bond the following:
“Payment of interest on this bond is in default.The last date to which interest has been paid is
__________, ____.”
The city and the paying agent may deem and treat the person in whose name any bond
shall be registered upon the books of the city as the absolute owner of such bond,whether such
bond shall be overdue or not,for the purpose of receiving payment of the principal of and interest
on such bond and for all other purposes,and all payments made to any such registered owner,or
upon his or her order,in accordance with the provisions of section 3 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or
sums so paid,and neither the city nor the paying agent shall be affected by any notice to the
contrary.The city agrees to indemnify and save the paying agent harmless from and against any
and all loss,cost,charge,expense,judgment or liability incurred by it,acting in good faith and
without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of bonds,the city or the paying agent may make a charge
sufficient to reimburse it for any tax,fee or other governmental charge required to be paid with
respect to such exchange or transfer,which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the privilege of making
such exchange or transfer.
The paying agent shall not be required to transfer or exchange bonds or portions of
bonds which have been selected for redemption.
9.Form of Bonds. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
CITY OF ROYAL OAK
GENERAL OBLIGATION LIMITED TAX
[PENSION OBLIGATION BOND] [HEALTH CARE OBLIGATION BOND], SERIES 2016
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner:
Principal Amount:
The City of Royal Oak,County of Oakland,State of Michigan (the “City”),acknowledges
itself indebted to and for value received hereby promises to pay to the Registered Owner
identified above,or registered assigns,the Principal Amount set forth above on the Maturity Date
specified above,unless redeemed prior thereto as hereinafter provided,upon presentation and
surrender of this bond at the corporate trust office of __________________,_______,Michigan,
the bond registrar and paying agent,or at such successor bond registrar and paying agent as
may be designated pursuant to the Resolution (as hereinafter defined),and to pay to the
Registered Owner,as shown on the registration books at the close of business on the 15th day of
the calendar month preceding the month in which an interest payment is due,by check or draft
drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid
City Commission
September 12, 2016
9
to the Registered Owner at the registered address,interest on such Principal Amount until the
City’s obligation with respect to the payment of such Principal Amount is discharged,at the rate
per annum specified above.Interest is payable on the first day of _________and ________in
each year,commencing on _________1,201_.Principal and interest are payable in lawful
money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of
________________________Dollars ($_________)issued by the City under and pursuant to
and in full conformity with the Constitution and Statutes of Michigan (especially Act No.34,Public
Acts of 2001,as amended (“Act 34”))and a bond authorizing resolution adopted by the City
Commission of the City and an order of the ____________of the City (collectively,the
“Resolution”)for the purpose of defraying the costs of [the unfunded pension liability (as defined
in Act 34)of the City’s defined benefit plan for employees][the unfunded accrued health care
liability (as defined in Act 34)of the City’s postretirement health care fund for retired employees]
and the costs of issuance of the bonds.The full faith and credit of the City have been pledged to
the prompt payment of the principal of and interest on this bond.The principal and interest are
payable as a first budget obligation of the City from its general funds.The ability of the City to
raise such funds is subject to applicable constitutional,statutory and charter limitations on the
taxing power of the City.
This bond is transferable,as provided in the Resolution,only upon the books of the City
kept for that purpose by the Bond registrar and paying agent,upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the Registered Owner or his attorney duly authorized in writing.Upon the
exchange or transfer of this bond a new bond or bonds of any authorized denomination,in the
same aggregate principal amount and of the same interest rate and maturity,shall be
authenticated and delivered to the transferee in exchange therefor as provided in the Resolution,
and upon payment of the charges,if any,therein provided.Bonds so authenticated and delivered
shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds
or portions of bonds which have been selected for redemption.
MANDATORY PRIOR REDEMPTION
Bonds maturing in the year ____are subject to mandatory prior redemption at par and
accrued interest as follows:
Principal Amount of
Redemption Date Bonds to be Redeemed
Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected
by lot.
(REPEAT IF MORE THAN ONE TERM BOND)
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to _________1,20__,are not subject to optional redemption prior
to maturity.Bonds maturing on and after ________1,20__,are subject to redemption prior to
maturity at the option of the City,in such order as shall be determined by the City,on any date on
and after ________1,20__.Bonds of a denomination greater than $5,000 may be partially
redeemed in the amount of $5,000 or any integral multiple thereof.If less than all of the Bonds
maturing in any year are to be redeemed,the Bonds or portions of Bonds to be redeemed shall
be selected by lot.The redemption price shall be the par value of the Bond or portion of the Bond
called to be redeemed plus [a redemption premium of __%of the Bond or portion of the Bond to
be redeemed and] interest to the date fixed for redemption.
Not less than thirty days’notice of redemption shall be given by first-class mail to the
registered owners of bonds called to be redeemed at their registered addresses.Failure to
receive notice of redemption shall not affect the proceedings for redemption.Bonds or portions of
City Commission
September 12, 2016
10
bonds called for redemption shall not bear interest after the date fixed for redemption,provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified,recited and declared that all acts,conditions and things required to
exist,happen and be performed precedent to and in the issuance of the bonds of this series,
existed,have happened and have been performed in due time,form and manner as required by
law,and that the total indebtedness of the City,including the series of bonds of which this bond is
one, does not exceed any constitutional, statutory or charter limitation.
IN WITNESS WHEREOF,the City of Royal Oak,Oakland County,Michigan,by its City
Commission,has caused this bond to be executed in its name by facsimile signatures of the
Mayor and the Clerk and its corporate seal (or a facsimile thereof)to be impressed or imprinted
hereon.This bond shall not be valid unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar and paying agent.
CITY OF ROYAL OAK
(SEAL)
By:______________________By:____________________________
Clerk Mayor
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
______________________________________,
Bond Registrar and Paying Agent
By:_______________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received,the undersigned hereby sells,assigns and transfers unto
_____________________________________________________________________________
(please print or type name,address and taxpayer identification number of transferee)the within
bond and all rights thereunder and hereby irrevocably constitutes and appoints
_____________________________________________________________________________
attorney to transfer the within bond on the books kept for registration thereof,with full power of
substitution in the premises.
Dated:____________________
Signature Guaranteed:__________________________________________
Signature(s)must be guaranteed by an eligible guarantor institution participating in a Securities
Transfer Association recognized signature guarantee program.
10.Security.The bonds shall be limited tax general obligations of the city.The full
faith and credit of the city are pledged for the prompt payment of the principal of and interest on
the bonds as the same shall become due.Each year the city shall be obligated,as a first budget
obligation,to advance moneys from its general funds or to levy ad valorem property taxes on all
taxable property within its corporate boundaries to pay such principal and interest as the same
become due.The ability of the city to raise funds to pay such amounts is subject to applicable
constitutional, statutory and charter limitations on the taxing power of the city.
City Commission
September 12, 2016
11
11.Defeasance.In the event cash or direct obligations of the United States or
obligations the principal of and interest on which are guaranteed by the United States,or a
combination thereof,the principal of and interest on which,without reinvestment,come due at
times and in amounts sufficient to pay,at maturity or irrevocable call for earlier optional
redemption,the principal of,redemption premium,if any,and interest on the bonds,or any
portion thereof,shall have been deposited in trust,this resolution shall be defeased with respect
to such bonds,and the owners of such bonds shall have no further rights under this resolution
except to receive payment of the principal of,redemption premium,if any,and interest on such
bonds from the cash or securities deposited in trust and the interest and gains thereon and to
transfer and exchange bonds as provided herein.
12.Principal and Interest Fund.There shall be established for each series of bonds
a principal and interest fund.From the proceeds of the sale of each series of bonds there shall
be set aside in the related principal and interest fund any accrued interest received from the
purchaser of such bonds at the time of delivery thereof,as well as any cash then or thereafter
contributed by the city in its discretion.Funds of the city to be used to pay the principal and
interest on each series of bonds when due shall be placed in the related principal and interest
fund and so long as the principal or interest on the bonds of a series shall remain unpaid,no
moneys shall be withdrawn from the principal and interest fund of such series except to pay
principal and interest on the bonds of such series.
13.Payment of Unfunded Pension Liability and Unfunded Accrued Health Care
Liability.The remainder of the proceeds of the sale of the bonds of each series,including original
issue premium,if any,and any cash contributed then or thereafter by the city in its discretion,
shall be used to pay the costs of issuing such bonds and,as applicable,to pay all or part of the
costs of the unfunded pension liability of the Royal Oak defined benefit plan or all or part of the
costs of the unfunded accrued health care liability of the Royal Oak health care fund.
14.Approval of Department of Treasury.The issuance and sale of the bonds shall
be subject to the city obtaining prior approval from the Department of Treasury of the State of
Michigan pursuant to act 34.The finance director is hereby authorized and directed to make
application to the department of treasury for such approval to issue and sell the bonds as
provided by the terms of this resolution and by act 34.The finance director is further authorized
to pay any filing fees required in connection with obtaining prior approval from the department of
treasury.
15.Sale, Issuance, Delivery, Transfer and Exchange of Bonds.The bonds of each
series shall be sold pursuant to a negotiated sale in accordance with act 34.It is hereby
determined that such negotiated sale is in the best interests of the city and is calculated to
provide the city with maximum flexibility in the timing of the sale of the bonds.An authorized
officer is authorized to select the underwriter (the “underwriter”)and to negotiate and enter into a
bond purchase agreement (the “bond purchase agreement”)with the underwriter at the time of
the sale of each series of the bonds,which bond purchase agreement shall set forth the principal
amount,principal maturities and dates,interest rates and interest payment dates,redemption
provisions,if any,and purchase price to be paid by the underwriter with respect to the bonds,as
well as such other terms and provisions as an authorized officer determines to be necessary or
appropriate in connection with the sale of the bonds.The bond purchase agreement and the
terms of the bonds set forth therein shall be approved by a written order of an authorized officer
at the time of the sale of the bonds.The authorized officers and other appropriate city officials
are severally authorized to execute and deliver such certificates or documents as bond counsel
shall require and to do all other things necessary to effectuate the sale,issuance,delivery,
transfer and exchange of the bonds in accordance with the provisions of this resolution.In
making the determinations in the order approving the sale of the bonds and in the bond purchase
agreement with respect to principal maturities and dates,interest rates,purchase price of the
bonds and compensation to be paid to the underwriter,the authorized officers shall be limited as
follows:
(a)The interest rate on any bond shall not exceed 7% per annum.
(b)The final maturity date of the bonds shall not be later December 1, 2042.
(c)The purchase price of the bonds shall not be less than 98%of the aggregate
principal amount thereof.
City Commission
September 12, 2016
12
(d)The underwriter’s discount with respect to the bonds or the compensation to be
paid to the underwriter shall not exceed 1% of the aggregate principal amount of the bonds.
16.Replacement of Bonds.Upon receipt by the finance director of proof of
ownership of an unmatured bond,of satisfactory evidence that the bond has been lost,apparently
destroyed or wrongfully taken and of security or indemnity that complies with applicable law and
is satisfactory to the finance director,the finance director may authorize the paying agent to
deliver a new executed bond to replace the bond lost,apparently destroyed or wrongfully taken in
compliance with applicable law.In the event an outstanding matured bond is lost,apparently
destroyed or wrongfully taken,the finance director may authorize the paying agent to pay the
bond without presentation upon the receipt of the same documentation required for the delivery of
a replacement bond.The paying agent,for each new bond delivered or paid without presentation
as provided above,shall require the payment of expenses,including counsel fees,which may be
incurred by the paying agent and the city in connection therewith.Any bond delivered pursuant to
the provisions of this section 16 in lieu of any bond lost,apparently destroyed or wrongfully taken
shall be of the same form and tenor and be secured in the same manner as the bond in
substitution for which such bond was delivered.
17.Official Statement; Continuing Disclosure.An authorized officer is authorized to
cause the preparation of an official statement for the bonds for the purpose of enabling
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934,as amended
(the “rule”),and to do all other things necessary to enable compliance with the rule.After the city
enters into the bond purchase agreement with the underwriter,it will provide copies of a “final
official statement”(as defined in paragraph (e)(3)of the rule)on a timely basis and in reasonable
quantity as requested by the underwriter to enable the underwriter to comply with paragraph
(b)(4) of the rule and the rules of the Municipal Securities Rulemaking Board.
An authorized officer is authorized to execute and deliver in the name and on behalf of
the city (i)a certificate of the city to comply with the requirements for a continuing disclosure
undertaking of the city pursuant to subsection (b)(5)of the rule and (ii)amendments to such
certificate from time to time in accordance with terms of such certificate (the certificate and any
amendments thereto being collectively referred to herein as the “continuing disclosure
certificate”).The city hereby covenants and agrees that it will comply with and carry out all of the
provisions of the continuing disclosure certificate.
18.Covenant with Holders of Pension Obligation Bonds and State of Michigan.The
city hereby covenants with the holders of the pension obligation bonds and the State of Michigan
that it will not,after the issuance of the pension obligation bonds and while the pension obligation
bonds are outstanding,rescind whatever action it has taken to make a partial or complete
cessation of accruals to the Royal Oak defined benefit plan or the closure of the Royal Oak
defined benefit plan for new or existing employees.
19.Professional Services.The following are appointed to act in the following
capacities with respect to the Bonds:
As financial advisor:Hutchinson, Shockey, Erley & Co.
St. Clair Shores, Michigan
As bond counsel:Dickinson Wright PLLC
Troy, Michigan
As paying agent:The Huntington National Bank
Grand Rapids, Michigan
20.Approval of Comprehensive Financial Plan.The comprehensive financial plan,in
the form presented to this meeting (upon which the clerk shall indicate the date of adoption of this
resolution),is hereby approved.The clerk is directed to publish the comprehensive financial plan
on the city’s website to be available to the public as soon as practicable after adoption of this
resolution.
21.Conflicting Resolutions.All resolutions and parts of resolutions,insofar as they
are in conflict herewith, are rescinded.
ROLL CALL VOTE
City Commission
September 12, 2016
13
AYES:Mayor Pro Tem Fournier,Commissioner Poulton,Commissioner Mahrle,Commissioner
Paruch, Commissioner Douglas, Commissioner DuBuc and Mayor Ellison
NAYS:None
ADOPTED UNANIMOUSLY
* * * * *
SECOND STREET PARKING DECK PROJECT
Moved by Commissioner Mahrle
Seconded by Mayor Pro Tem Fournier
Be it resolved, the city commission hereby authorizes city staff to issue an RFP for a mixed use
development for Center Street and the Post Office lot.
MOTION AMENDED TO INCLUDE RFP’S ON THE ENTIRE SITE AND TO SOLICIT PROPOSALS
ONLY ON THE CENTER STREET SITE
MOTION NOW READS:
Be it resolved,the city commission hereby authorizes city staff to issue an RFP to cover the entire
lot, including the postal parking lot, the Third Street parking lot and the flat surface lot next to the
Center Street deck, and
Be it further resolved that the postal parking lot be excluded and get an RFP on the remaining
area.
AYES:Commissioners DuBuc, Mahrle and Mayor Pro Tem Fournier
NAYS:Commissioners Douglas, Paruch, Poulton and Mayor Ellison
MOTION FAILS
* * *
Moved by Commissioner Mahrle
Seconded by Commissioner DuBuc
Be it resolved, that the city commission hereby authorizes staff to issue an RFP on the Center
Street structure site only based on the criteria discussed.
FRIENDLY AMENDMENT OFFERED BY MAYOR PRO TEM FOURNIER AND ACCEPTED BY
COMMISSIONERS MAHRLE AND DUBUC TO AMEND THE MOTION BY REMOVING “ISSUE AN RFP”
AND REPLACE IT WITH “MARKET”
MOTION NOW READS:
Be it resolved, that the city commission hereby authorizes staff to market the Center Street
structure site only based on the criteria discussed.
ADOPTED UNANIMOUSLY
* * *
Moved by Commissioner Douglas
Seconded by Commissioner Paruch
City Commission
September 12, 2016
14
Whereas, the Royal Oak Downtown Development Authority (DDA), members of the joint parking
committee, and city staff have been working with Rich & Associates, Inc. to design a new parking deck.
Be it resolved, the city commission hereby authorizes city staff to solicit bids for the Second
Street parking deck project as specified in their memo.
FRIENDLY AMENDMENT OFFERED BY COMMISSIONER DOUGLAS AND ACCEPTED BY
COMMISSIONER PARUCH TO INCLUDE LENGTHENING THE DECELERATION LANE AND
APPROVE THE ALLOCATION OF AN ADDITIONAL $5,005 FOR THE REDESIGN
MOTION NOW READS:
Whereas, the Royal Oak Downtown Development Authority (DDA), members of the joint parking
committee, and city staff have been working with Rich & Associates, Inc. to design a new parking deck.
Be it resolved, the city commission hereby authorizes city staff to solicit bids for the Second
Street parking deck project as specified in their memo including lengthening the deceleration
land, and .
Be it further resolved, that the city commission hereby approves the allocation of an additional
$5,005 for the redesign.
AYES:Commissioners Douglas, DuBuc, Paruch, Poulton, Mayor Pro Tem Fournier and Mayor
Ellison
NAYS:Commissioner Mahrle
MOTION ADOPTED
* * * * *
NOTICE OF INTENT TO ISSUE REVENUE BONDS
FOR SECOND STREET PARKING DECK PROJECT
Moved by Commissioner Paruch
Seconded by Commissioner Douglas
Whereas,the City Commission of the City of Royal Oak (the “city”)deems it to be in the best
interests of the city to acquire,construct and install certain improvements in the city’s downtown
area,including,particularly,the construction of a new approximately 75,000 square foot,550-
space parking garage located on the south side of 11 Mile Road,immediately west of S.Center
Street,north of and adjacent to the existing center street parking deck,and streetscape
improvements along W.Second Street,as well as all work necessary and incidental to these
improvements (collectively,the “improvements”),and to finance the improvements by the
issuance of revenue bonds pursuant to Act 94,Public Acts of Michigan,1933,as amended (“act
94”); and
Whereas,pursuant to section 33 of act 94,it is necessary to publish a “notice of intent”to issue
bonds for the improvements; and
Whereas,the city may incur substantial capital expenditures for the improvements prior to the
issuance of the bonds,and desires to be reimbursed for such expenditures from the proceeds of
the bonds.
Now, therefore, be it resolved that:
City Commission
September 12, 2016
15
1.The city commission determines to acquire,construct,and install the improvements and
to pay the cost through the issuance of one or more series of revenue bonds pursuant to act 94
for the improvements in an amount not to exceed $13,500,000 (the “bonds”).
2.A notice of intent to issue the bonds be published in accordance with section 33 of act 94,
and the clerk of the city is authorized and directed to publish the notice of intent to issue bonds in
the Royal Oak Review,a newspaper of general circulation within the boundaries of the city,
determined to be the newspaper reaching the largest number of persons to whom such notice is
directed,which notice shall be substantially in the form of attached Exhibit A,with such changes
as may be approved by the city clerk or the finance director of the city.
3.The city may proceed to acquire and construct the improvements using available funds of
the city.
4.At such time as the city issues the bonds for the long-term financing of the improvements,
the city shall be reimbursed for its expenditures for the improvements out of the proceeds of the
bonds.
5.This resolution and the expression of intent to seek reimbursement from future proceeds
of the bonds is intended to satisfy the requirements of section 150 of the Internal Revenue Code
of 1986, as amended.
6.All resolutions and parts of resolutions in conflict with the foregoing are hereby rescinded.
7.This resolution shall become effective immediately upon its adoption and shall be
recorded in the minutes of the city as soon as practicable after adoption.
ROLL CALL VOTE:
AYES:Commissioner Paruch, Commissioner Douglas, Commissioner DuBuc, Mayor Ellison,
Mayor Pro Tem Fournier, Commissioner Poulton and Commissioner Mahrle
NAYS:None
ADOPTED UNANIMOUSLY
Mayor Ellison called for a short break at 10:04 p.m. He reconvened the meeting at 10:13 p.m.
* * * * *
PROFESSIONAL SERVICES CONTRACT
FOR HOUSING TARGET MARKET ANALYSIS
Moved by Commissioner Poulton
Seconded by Commissioner Douglas
Be it resolved,the mayor and city clerk are authorized to execute a professional services contract
with LandUseUSA,LLC of Laingsburg,Michigan to prepare a housing target market analysis as
outlined in the request-for-proposals dated August 11,2016 (Attachment 1 RFP-SBP-RO-17-
007),and directs staff to issue a purchase order in the amount of $30,000 but continue to
research matching funding opportunities with MSHDA.
ADOPTED UNANIMOUSLY
* * * * *
City Commission
September 12, 2016
16
PRE-DISASTER MITIGATION GRANT AGREEMENT
FOR POLICE DEPARTMENT GENERATOR
Moved by Commissioner Poulton
Seconded by Commissioner Paruch
Be it resolved, the mayor be authorized to execute the “Hazard Mitigation Assistance Grant
Agreement for 4195-DR-MI Hazard Mitigation Grant Program.”
ADOPTED UNANIMOUSLY
* * * * *
JULY 2016 TRAFFIC COMMITTEE RESOLUTIONS
Moved by Commissioner Mahrle
Seconded by Commissioner Paruch
Be it resolved, the city commission approves the request to install “No Parking” signs on the
south side of Normandy Road between Kent and Elmhurst as denoted on the traffic committee
agenda number 5A.
ADOPTED UNANIMOUSLY
* * * * *
OAKLAND COUNTY LOCAL ROAD IMPROVEMENT MATCHING FUND
PILOT PROGRAM COST PARTICIPATION AGREEMENT FOR MEIJER DRIVE
Moved by Commissioner DuBuc
Seconded by Commissioner Mahrle
Be it resolved, the city commission authorizes the mayor and city clerk to execute the
construction funding agreement with the Oakland County Board of Commissioners for the
Oakland County Local Road Improvement Matching Fund Pilot Program, and directs staff to amend
the budget funding sources for this project accordingly.
ADOPTED UNANIMOUSLY
* * * * *
ROYAL OAK POLICE DEPARTMENT DESIGN DEVELOPMENT
Moved by Commissioner Mahrle
Seconded by Mayor Pro Tem Fournier
Be it resolved,the Royal Oak City Commission hereby approves entering into a professional
services contract with Partners in Architecture,pending final negotiation by Plante Moran CRESA
and the city attorney, under the terms and scope of services presented in PIA’s proposal; and
Be it further resolved,the Royal Oak City Commission approves issuance of a purchase order in
an amount not to exceed $888,500 for said services.
ADOPTED UNANIMOUSLY
* * * * *
City Commission
September 12, 2016
17
SNOW REMOVAL ORDINANCE AMENDMENT STATUS REPORT
Moved by Commissioner Mahrle
Seconded by Commissioner Douglas
Be it resolved, that the city commission hereby directs staff to draft an ordinance based on the
combination clearance model city-wide.
AYES:Commissioners Douglas, DuBuc, Mahrle, Mayor Pro Tem Fournier and Mayor Ellison
NAYS:Commissioners Paruch and Poulton
MOTION ADOPTED
* * * * *
Upon motion of Commissioner Douglas,seconded by Commissioner DuBuc,and adopted unanimously,
the regular meeting was adjourned at 10:59 p.m.
__________________________________
Melanie Halas, City Clerk
The foregoing minutes of the regular meeting held on September 12,2016,having been officially
approved by the city commission on Monday,September 26,2016,are hereby signed this twenty-sixth
day of September 2016.
____________________________________
James B. Ellison, Mayor