Title
Request to Establish and Construction Chapter 20 Drain - North Stony Creek Drain, located in Section 4
Body
Be It Resolved by the City Council of the City of Rochester Hills as follows:
The City of Rochester Hills (the "City") shall make and cause to be filed a petition in form substantially as follows:
PETITION
TO THE DRAINAGE BOARD FOR THE HEREINAFTER MENTIONED OAKLAND COUNTY, MICHIGAN DRAIN PROJECT
The undersigned public corporation hereby petitions for the location, establishment and construction of an intra-county drain to be located in Section 2, T.3N., R.11E., City of Rochester Hills, Oakland County, Michigan, approximately as follows:
Commencing from the Northeast Corner of Section 2, T.3 N., R.11E., City of Rochester Hills (Avon Township); thence Westerly 2,600 feet, more or less, and Northerly 25 feet, more or less, to the Point of Beginning "A", said point being approximately 25 feet Easterly and 25 feet Northerly of the intersection of Sheldon and Mead Roads; thence Southerly 1,750 feet, more or less, along a line parallel to and 25' Easterly of the centerline of Sheldon Road to a Point "B", said point lying on the extended northerly right-of-way line of Blue Beech Road; thence continuing Southerly 640 feet, more or less, along a line parallel to and 25' Easterly of the centerline of Sheldon Road to a Point "D", said point being at an existing enclosed storm drain located within the right-of-way of Clear Creek Road; thence Southerly 170 feet, more or less, along a line parallel to and 25' Easterly of the centerline of Sheldon Road to a Point "E"; thence Southerly 260 feet, more or less, to an ending Point "G", said point being approximately 25 feet Easterly of the centerline of Sheldon Road;
Also, beginning at said Point "E"; thence Easterly, approximately 300 feet, to an existing watercourse and a Point "F"; thence Southerly, approximately 650 feet, along the existing watercourse to a proposed detention basin and a Point "H", said point being Westerly 2,200 feet, more or less, and Southerly 350 feet, more or less, from the East ¼ Corner of said Section 2, City of Rochester Hills (Avon Township); thence Southeasterly 450 feet, more or less, across a proposed detention basin to a Point "I", said point being Westerly 1,840 feet, more or less, and Southerly 550 feet, more or less, from said East ¼ Corner; thence Easterly, approximately 870 feet, along an existing watercourse to existing triple culverts located under Clear Creek Road and an ending Point "J", said point being Southerly 550 feet, more or less, and Westerly 1,130 feet, more or less, from said East ¼ Corner of Section 2;
Also, beginning at said Point "B", thence Westerly 80 feet, more or less, across Sheldon Road to an ending Point "C", said point lying within the right-of-way of Blue Beech Road;
which drain is necessary for the public health and will be located entirely within the limits of the City of Rochester Hills, County of Oakland, State of Michigan.
This petition is filed pursuant to the provisions of Sections 462, 463 and 486 of Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended.
It is understood and agreed that the entire cost of said drain is to be assessed against the City of Rochester Hills except for assessments against the County of Oakland and the State of Michigan for benefits related to the drainage of County and State highways, if any.
A certified copy of the resolution of the governing body of the public corporation executing this petition authorizing its execution is attached hereto.
CITY OF ROCHESTER HILLS
By:
Its: Mayor
And:
Its: Clerk
2. The Mayor and the City Clerk are authorized and directed to execute the petition for and on behalf of the City and to file the same with the Drain Commissioner of the County of Oakland.
3. Based upon the presentation made by the Department of Public Services before the City Council and further based upon recommendations by Hubbell, Roth and Clark in accordance with its March 22, 2001 drainage study, the City Council concludes that construction of the drain is necessary to provide for the public health and safety, as well as proper drainage for the roadway and private property in this developing area.
4. The City consents to the assessment of the entire cost of the drain (except for assessments against the County of Oakland and the State of Michigan for benefits related to the drainage of County and State highways, if any) against the City.
5. The City agrees that it will pay its share of the costs incurred by the Oakland County Drain Commissioner or by the Drainage District in the event the drain or any portion thereof, for any reason, is not constructed.
6. The City Clerk is authorized to file with the Michigan Department of Treasury a notice of intent to issue an obligation in connection with the bonds to be issued by the Drainage District to be established pursuant to the petition herein authorized.
7. The Mayor, the City Clerk and the Treasurer are authorized to approve the circulation of a preliminary and final official statement for the bonds to be issued by the Drainage District, to cause the preparation of those portions of the preliminary and final official statement that pertain to the City, 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 Mayor, the Clerk or the 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.
8. The Mayor, the City Clerk and the Treasurer are authorized to execute a certificate of the City, constituting an undertaking to provide ongoing disclosure about the City, for the benefit of the holders of the bonds to be issued by the Drainage District as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The City covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.