HomeMy WebLinkAboutResolutions - 2009.11.12 - 9888REPORT November 12, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MR #09255 — WATER RESOURCES COMMISSIONER — OAKLAND-
MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT FULL FAITH AND CREDIT
RESOLUTION
To: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution, on
November 5, 2009, recommends that the resolution, under the NOW THEREFORE BE IT
RESOLVED paragraph, paragraph 3. be amended as follows.
3. The County Executive, as the Chief Administrative Officer of the County, and
the County Treasurer er—the - e ' - • , ' - - • - • - - - r • sultantsjs are
authorized to file with the Department of Treasury of the State of Michigan on behalf of the
County an Application for the State Treasurer's Approval to Issue Bonds with respect to the
Bonds. "
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Miscellaneous Resolution #09255 October 29. 2009
BY: PLANNING AND BUILDING COMMITTEE. JOHN SCOTT, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER — OAKLAND-MACOMB INTERCEPTOR DRAIN
DRAINAGE DISTRICT FULL FAITH AND CREDIT RESOLUTION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to a petition which was filed with the Director of the Michigan Department of
Agriculture on June 18 ; 2009 by the Charter Township of Clinton of Macomb County, through the
Macomb County Public Works Commissioner, and on June 22, 2009 by the Charter Township of
Independence of Oaklano County. through the Oakland County Water Resources Commissioner,
proceedings have been carried out by the Drainage Board for the Oakland-Macomb Interceptor Drain
Drainage District (the "Drainage District") for the financing and construction of certain projects, said
projects having been determined to be necessary for the public health; and
WHEREAS. pursuant to the authorization nrovided in Chapter 21 of the Drain Code, the Drainage
Board of the Drainage District expects to provide for the issuance of one or more series of bonds to
finance costs relating to the project described on Schedule I (the "Project"), and the costs of issuance of
such bonds; and
WHEREAS, all or a portion of sucn bonds will be sold to the Michigan Municipal Bond Authority
("Authority") under the State Revolving Fund Program: and
WHEREAS. such bonds will be payable in part from the collection of special assessments against
public corporations in Oakland and Macomb Counties in the Drainage District, said special assessments
to be duly confirmed as provided in the Drain Code; and
WHEREAS, pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the
Drainage Board for the Drainage District, the cost of the Project has been apportioned against public
corporations in Oakland County as follows: City of Auburn Hills (3.3059%), Independence Township
(includes City of Clarkston) (3.1622%), City of Lake Angelus (0.0359%). City of Rochester (2.9035%),
City of Rochester Hills (12.9326%). Oakland Township (2.0159%), Orion Township (4.6139%). Oxford
Township (2.4184%). Village of Lake Orion (16612%), Village of Oxford (1.1499%), Waterford Township
(13.4608%), and West Bloomfield Township (18398%); and
WHEREAS, pursuant to a Final Order of Apportionment dated September 1, 2009 adopted by the
Drainage Board for the Drainage District, tne cost of the Project has been apportioned against public
corporations in Macomb County: Chesterfield Township (5.2273%), City of Fraser (2.2419%), City of
Sterling Heights (16.2460%), City of Utica (0.9153%), Clinton Township (10.6143%), Harrison Township
(2.9333%). Lenox Township (0.2566%). Macomb Township (includes Washington Township) (79141%),
Shelby Township (4.6171%), and Viilage of New Haven (0.5341%); and
WHEREAS. the Drainage Board of the Oa cland-Macomb Interceptor Drain, by resolution adopted
October 13 2009. authorized and provided for the issuance by the Oakland-Macomb Interceptor Drain
Drainage District of its Drain Bonds, Series 2010A, in the aggregate principal amount of not to exceed
$57.500,000 (the "Series 2010A Bonds") to defray part of the costs of the Project: and
WHEREAS, in the future the Drainage Board may issue additional bonds to finance additional
costs of the Project in an amount not to exceed $12.500.000 (the "Additional Bonds," and together with
the Series 2010A Bonds. the "Drain Bonds '); and
WHEREAS. Section 526 of Act 40, Public Acts of Michigan, 1956, as amended (the "Drain
Code"), authorizes a county to pledge its full faith and credit for the payment of obligations issued under
Chapter 21 of the Drain Code. if the county board of commissioners has adopted a resolution by two-
thirds (2/3) vote of its members-elect to that effect; and
WHEREAS, the Series 2010A Bonds are to be designated Oakland-Macomb Interceptor Drain
Drainage District Bonds (Limited Tax General Obligation). Series 2010A, with such modifications and
other designations as may be approved by resolttion of the Drainage Board, in an aggregate principal
amount not to exceed S57,500,000, with such bonds expected to be issued in approximately January
2010, bearing interest at the rates and maturing in such amounts and at such times as may be
determined pursuant to the resolution of the Drainage Board: and
WHEREAS, said Project s immediately necessary to protect and preserve the public health, and
it is in the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the
full faith and credit of Oakland County. as authorized by Section 526 of the Drain Code: and
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jacobsen absent.
ING AND BUILDING COMMITTEE
WHEREAS. the Board of Commissioners of Macomb County is expected to adopt a similar
resolution pleaging its fall faith and credit for the payment of the Drain Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF
COMMISSION ERS:
1. Pursuant to the authorization provided in Section 526 of the Drain Code, the Oakland
County Board of Commissioners, by a majority vote of at least two-thirds (2/3) of its members-elect, does
hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of the
principal of and interest on the Drain Bonds in one or more series, not to exceed in the aggregate
$70,000,000, and does agree that in the event any public corporations in Oakland County shall fail or
neglect to account to the Oakland County Treasurer for the amount of any special assessment installment
and interest (in anticipation of which the bonds are issued) when due, then the amount thereof shall be
advanced from the funds of Oakland County, and the Oakland County Treasurer is directed to make such
advancement to the extent necessary.
2. In the event that. pursuant to said pledge of its full faith and credit Oakland County
advances out of Oakland County funds all or any part of the principal and interest due on the bonds, it
shall be tne duty of the Oakland County Treasurer, for and on behalf of Oakland County, to take all
actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of
such sums so paid.
3. The County Treasurer or the financial consultant, Municipal Financial Consultants, is
authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an
Application for the State Treasurers Approval to Issue Bonds with respect to the Bonds.
4. The County Treasurer is authorized, if necessary. to approve the circulation of a
preliminary and final official statement for the Bonds, to cause the preparation of those portions of the
preliminary and final official statement tnat pertain to the County, and to do all other things necessary for
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the
"Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other
things that are necessary to effectuate the sale and delivery of the Bonds.
5. The County Treasurer is hereby authorized, if necessary, to execute and deliver in the
name and on behalf of the County (i) a certificate of the County to comply with the requirements for a
continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate (the
certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure
Certificate"). To the extent a Continuing Disclosure Certificate is executed and delivered, the County
hereby covenants and agrees that it will comply with and carry out all of the provisions of such Continuing
Disclosure Certificate The remedies for any failure of the County to comply with and carry out the
provisions of tie Continuing Disclosure Certificate shall be as set forth therein.
6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
resolution be and the same hereby are rescinded.
Mr. Chairperson ; on behalf of the Planning and Builcling,C-eQittee, I move adoption of the
foregoing resolution
SCHEDULE I
Structural rehabilitation of the Oakland-Macomb I aterceptor Drain and necessary ancillary construction:
• Contract No. 1 — located with the International Transmission Company (formerly Edison) Corridor
interceptor which extends from the Detroit Water Sewerage Department (DWSD) Northeast
Pump Station south of 8 Mile Road in the City of Detroit to 15 Mile Road in Sterling Heights,
Michigan. The majority of the alignment is within the ITC corridor in the City of Warren, Michigan,
Contract work includes construction of:
1. Control Structure No. 9. PCI 6/6 access structure. This is a 29-foot inside diameter
cylindrrcal access snaft located within the ITC corridor just north of 10 Mile Road. The
construction of F'CI 5/6 access structure will include temporary dewatering, excavation,
construction of a temporary circular earth retention system, temporary flume in sewer,
concrete base slab and walls, backfill, and site restoration. The shaft cover will be
constructed from precast concrete units. The shaft walls will include guide rails/grooves
for future gate installation.
2. Control Structure No, 5: PCI 6/7 access and gate structure. The structure is a 29-foot
inside diameter cylindrical access shaft located within the ITC corridor at Common Road.
The construction of PCI 6/7 Gate Structure will include temporary dewatering, excavation,
construction of a temporary circular earth retention system. temporary flume in sewer,
concrete base slab and walls, flow control gate, backfill, and site restoration. The shaft
cover will be constructed from precast concrete units.
3. Existing Garfield Gate Modifications.
• Contract No. 2. — !coated within the ITC Corridor at 15 Mile Road and within public right-of-way
along Utica Road and Dodge Park Road in the City of Sterling Heights. Contract No. 2 includes
the construction of:
1. Control Structure No 6: PC: 7/8 Access. Gate and Pump Structure. This structure is a
50-foot inside diameter cylindrical access shaft located at the intersection of 15 Mile
Road and the ITC corridor in the City of Sterling Heights. The construction of PCI 7/8
Gate Structure will include temporary dewatering, excavation, construction of a circular
earth retention system. temporary flume, concrete base slab and walls, flow control gate,
pump station, backfill, and site restoration.
2. Control Structure No. 7: PCI 8 Access and Gate Structure. This structure is 13-foot by 25-
foot inside dimensions rectangular shaft !located on Dodge Park Road in the right-of-way
between Broad and Warsaw Streets in the City of Sterling Heights. The construction will
incluae relocation of existing utilities, traffic control, temporary dewatering, excavation,
construction of a rectangular earth retention system, temporary flume, concrete base slab
and walls, (low control gate, backfill, and site restoration.
3. Control Gate No. 8 PCI 9 Gate Structure. This structure is a 11.75-foot by 8 75-foot
inside dimensions rectangular shaft located on Utica Road just west of Dodge Park Road
in the City of Sterling Heights. The construction of PCI-9 Gate Structure will include
relocation of existing utilities, traffic control, relocation of trees, excavation, construction
of a rectangular earth retention system. temporary flume. concrete base slab and walls,
flow control gate, and replacement of landscaping, irrigation and electrical systems.
• Contract No. 3.
1. PCI 10A/10B sewer repairs which will involve placement of chemical grout to stop leaks
and isolated repairs to restore sewer integrity. The work will include construction of gravel
access roads within the River bends ano The Ponds Parks in Shelby Township,
construLtiui I of cli,LeS6 IIIdriholes, arid placement of chemical grout from with the sewer to
stop leaks. To facilitate the work, two 8-foot inside diameter access structure will be
required.
2. PCI 9 Hole repair which will involve work to repair a hole located at the joint within the
alignment. The work will require a mannee entry to repair the isolated hole at sewer joint.
Resolution #09255 October 29, 2009
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (VI.R #09255) November 12, 2009
BY: FINANCE COMMITTEE, TOM NAIDDLETON, CHAIRPERSON
IN RE WATER RESOURCES COMMISSIONER - OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE
DISTRICT FULL FAITH AND CREDIT RESOLUTION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. The Drainage Board for the Oakland-Macomb Interceptor Drain Drainage District is requesting that
the Board of Commissioners pledge the full faith and credit of the County of Oakland for the
payment of principal and interest on the Oakland-Macomb Interceptor °Tao Drainage District
Bonds, Series 2010A. Macomb County is expected to adopt a similar resolution pledging its full
Lab and credit.
2. Oakland and Macomb Counties will be secondary obligors with the Drainage District as primary
obligor, with Special Assessments to the Public Corporations as determined by the Final Order of
Apportionment percentages approved by the Drainage Board on September 1, 2009.
3. Chapter 21 of the Drain Code Section 526 of Act 40, Public Acts of Michigan, 1956, as amended
(the Drain Code), authorizes the County Board of Commissioners to pledge its full faith and credit
and requires a two-thirds vote of its members-elect.
4. The Drain Bonds for the series 2010A are not to exceed $57,500,000, and the Drainage Board may
issue additional bonds in the amount not to exceed $12,500,000, for a grand total amount of
$70,000,000 for design, construction of certain projects. and rehabilitation of the Oakland-Macomb
Interceptor.
5. The Drain Bonds shall bear an interest rate and mature in such amount; and times pursuant to a
resolution determined by the Drainage Board.
6. A total or a portion of the Drain Bonds will be sold to the Michigan Municipal Bond Authority under
the Michigan Water Pollution Control Revolving Loan Program at approximately 2.500% interest.
7. The statutory limit for County debt is $6,785,898,614 (10% of State Equalized Value). As of
October 21, 2009, the total pledged debt is $315,325,399 or approximately 0.46468% of the S.E.V.
8. The estimated project cost of $70,000,000 will have 48.50% or $33,950,000 apportioned to Public
Corporations within Oakland County and 51.50% or $36,050,000 to Public Corporations within
Macomb County as indicated in the chart:
Public Corporation Percent $ Amount
City of Auburn Hills 3.3059% 82,314,130 ,
Independence Township i.r...cludes City of Clarkston) 3.1622% 82,213,540
City of Lake Angelus 0.0359% $25,130
City of RochesLer 2.90351( $2,032,450
City of Rochester Hills 12.9326% 89,052,820
, Oakland Township 2.0159% $1,411,130
Orion Township 4.6139% $3,229,730 '
'Oxford Township 2.4194% $1,692,880
Village of Lake Orion 0.6612% , $462,840
, village of Oxford 1.1499%$804,930
' Waterford Township 13.4608% $9,422,560
west Bloomfield Township 1.8358% $1,287,860
Total Oakland County - Public Corporations 48.5000% $33,150,000 :
Total Macomb County - Public Corporations 51.5000% $36,050000 ,
Grand Total 100.0000% $70,000,000 I
9 The Public Corporations will pay for the Drain Bonds through a Special Assessment Roll for the
Oakland-Macomb Interceptor Drain Project.
10. No budget amendment or General Fund appropriation is recommended.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
THE FOREGOING RESOLUTION
Resolution #09255 November 12, 2000
Moved by Scott supported by Greimel the resolution (with fiscal note attached) be adopted.
Moved by Scott supported by Greimel the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Scott supported by Greimel the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz. Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas.
Gershenson, Gingen, Gosselin. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Ruth Johnson, 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 November
12, 2009, 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 12th day of November, 2009.
eat
Ruth Johnson, County Clerk