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HomeMy WebLinkAboutResolutions - 2022.04.14 - 35431BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION #22-104 Sponsored By: William Miller III Water Resources Commissioner - Resolution Regarding Bald Eagle Lake Drain Bonds Chairperson and Members of the Board: WHEREAS by Miscellaneous Resolution #21179 adopted on May 13, 2021 (the "May 2021 Resolution"), the Board of Commissioners of the County pledged irrevocably the full faith and credit of the County for the prompt payment of the principal of and interest on bonds (the "Bonds") to be issued by the Bald Eagle Lake Drain Drainage District in the aggregate principal amount of not to exceed $870,000 to defray all or part of the cost of the Bald Eagle Lake Drain Drainage District Project (the "Project"); and WHEREAS the financing for the Project was unexpectedly delayed; and WHEREAS said delay resulted in changes to the estimated project cost and the apportionment of such project cost; and WHEREAS the statutory limit for County debt is $8,478,454,848 (10% of State Equalized Value). As of April 1, 2022, the total pledged debt is $523,711,819 or approximately 0.6177% of the S.E.V; and WHEREAS the estimated project cost is currently $1,110,614, and the estimated apportionment of said project cost is as follows with $51,088 or 4,6000% to Brandon Township, $4,442 or 0.4000% to Groveland Township, $821,237 or 73.9444% to Individual Parcels, $60,084 or 5A 100% to the Michigan Department of Transportation and $173,763 or 15.6456% to the County of Oakland; and WHEREAS any property or public corporation subject to assessment may pay the assessment in full, or may pay 10 annual installments, or may pay the amount in full with interest to date at any time; and WHEREAS Brandon Township, Groveland Township, the Michigan Department of Transportation, the County of Oakland and certain other properties subject to assessment are expected to pay their respective assessments in full prior to the sale of the Bonds; and WHEREAS the Oakland County portion of the assessments will be included in the existing General Fund Non - Departmental Drain Current Assessments line item (#740044); and WHEREAS the aggregate principal amount of the Bonds to be issued shall not exceed the project cost, taking into account any payments made prior to the sale of the Bonds, and in any event not to exceed $870,000; and WHEREAS the May 2021 Resolution provided that the Bonds would be designated "Bald Eagle Lake Drain Bonds, Series 2021", based on the original expected financing schedule to issue the Bonds in calendar year 2021; and WHEREAS the Bonds are now expected to be designated "Bald Eagle Lake Drain Bonds, Series 2022"; and WHEREAS the Water Resources Commissioner deems it advisable and necessary to obtain from this Board a new resolution to reflect the Series change from 2021 to 2022 and to ratify and confirm the irrevocable pledge of the full faith and credit of the County to payment of the Bonds. NOW THEREFORE BE IT RESOLVED that, provided that the Bonds are designated Bald Eagle Lake Drain Bonds, Series 2022, the irrevocable pledge of the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds is hereby ratified and confirmed. BE IT FURTHER RESOLVED that all resolutions and part of resolutions, insofar as the same may be in conflict with the provisions of this resolution, be and the same hereby are rescinded. BE IT FURTHER RESOLVED that no budget amendment is required. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III. Q --u j-d-- David Woodward, Commissioner Hilarie Chambers, Deputy County Executive II l� t Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-06 Economic Development & Infrastructure - Recommend to Board 2022-04-14 Full Board Date: April 14, 2022 Date: April 22, 2022 Date: April 25, 2022 VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Resolution: Regarding Bald Eagle Lake Drain Bonds. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS Map of Bald Eagle Lake District 2. 2022-03-01 Computation of Cost - Ch. 8 3. 2022-04-06 Memo to EGI - Bald Eagle Bond - les comments STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 14, 2022, 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 Circuit Court at Pontiac, Michigan on Thursday, April 14, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds ! ) z \\ \ 5/ W� O_» \ < /[ �f\ // < ® /) q <\ u 03 <0 ) � ��4 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Xft COMPUTATION OF COST BALD EAGLE LAKE DRAIN 1. Expense of Maintenance and Improvement of the Drain Costs of Board of Determination $800.00 Permitting $2,500.00 Preliminary Design $29,500,00 Soil Borings $12,200.00 Final Design - Project as bid $43,295.00 Bid Specifications and Documents $6,000.00 Easement Acquisition $5,500.00 Postage $1,008.00 2. Expenses of Condemnation $0.00 3. Compensation of Board of Review Members $0,00 4. Cost of Construction of Bridges and Culverts $0.00 5. Contracts for Construction of Drain; Maintenance $733,916.00 6. Estimated Cost of Appeal (in case apportionments are not sustained) $2,500.00 7. Estimated Cost of Inspection Construction Administration $33,274.00 Construction Staking $14,788.00 Constriction Inspection and Testing $57,228.00 S. Cost of Publishing Notices $2,262.00 9. Probate Judge Fees $0,00 10. Attorney Fees $5,000.00 11, Bond/Note Issuance Costs Bond Counsel $10,000.00 Financial Advisor $5,350.00 Municipal Advisory Council of Michigan $400.00 Michigan Department of Treasury Filing $230.00 Rating Agency $0.00 Printing & Publishing $0.00 12, First Year Bond/Note interest $0.00 Gross Sunt of Expenses $965,751.00 Contingent Expenses (10-15%) $144,862.65 Total Cost of Construction of Bald Eagle Lake Drain $1,11Q 613.65 Dated: March 2, 2022 Jim Nash Oakland County Water Resources Commissioner 8COMP Form DC-001 OAKLAND COUNTY MEMORANDUM p A' nA WATER RESOURCES COMMISSIONER M M AN M TO: William Miller, Chairperson Economic Development and Infrastructure Committee FROM: Geoff S. Wilson, P.E. — Assistant Chief Engineer Oakland County Water Resources Commissioner's Office SUBJECT: Bald Eagle Lake Drain Bonds, Series 2022 Full Faith and Credit Resolution DATE: April 6, 2022 Enclosed is a resolution to provide approval by the Oakland County Board of Commissioners for a pledge of the County's full faith and credit to bonds to be designated Bald Eagle Lake Drain Bonds, Series 2022. The bonds are being issued by the Bald Eagle Lake Drain Drainage District to finance part of the Bald Eagle Lake Drain Replacement Project. This project will replace approximately 2,000 feet of pipe that has reached the end of its useful service life. The Bald Eagle Lake Drain is an intracounty drain established under Chapter 4 of the Michigan Drain Code (Public Act 40 of 1956) and is under the jurisdiction of the Water Resources Commissioner. The project cost will be borne by the Bald Eagle Lake Drain Drainage District through special assessments against properties in Brandon Township and Groveland Township, as well as those two townships at -large, along with the Michigan Department of Transportation and Oakland County reflecting their highway drainage. Bonds to be issued by the Bald Eagle Lake Drain Drainage District will be in the aggregate principal amount of not to exceed $870,000, The resolution requests the full faith and credit of Oakland County for the not to exceed $870,000 bond sale. This amount is less than the total anticipated cost of the project of $1,110,613.65 as there will be direct assessments against at -large townships and road agencies to fund the difference. The bonds will be publicly bid and will bear interest at a rate not to exceed 4%. It is anticipated the bonds will sold in May 2022.The bond sale will allow residents and businesses in the drainage district to repay their project cost over 10 annual installments. The assessments against at -large townships and road agencies will not be included within the financed amount. Once this matter has been reviewed by the Economic Development and Infrastructure Committee, it is anticipated that it will appear on agenda of the Finance Committee on April 6, 2022. The resolution will be presented for approval to the Board of Commissioners on April 14, 2022. Requested Action: Recommend adoption of the attached resolution to the Board of Commissioners. OAKLAND COUNTY WATER RESOURCES COMMISSIONER 1 Page 1 of 1 Rev.: 02/12/2018