Title
Request to Establish and Construction Chapter 20 Drain - East Ferry Drain, located in Section 35
Body
Be It Resolved by the City Council of the City of Rochester Hills as follows:
1. 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 35 and 36, T.3N., R.11E., City of Rochester Hills, Oakland County, Michigan, approximately as follows:
Main Branch
Beginning at a Point "A", said point being at the intersection of the Ferry Drain and Michelson Drive, and lying 800 feet, more or less, Northerly and 1,400 more or less, Westerly of the Southeast Corner of Section 35, T.3N, R.11E, City of Rochester Hills (Avon Township); thence Easterly 300 feet, more or less, along Michelson Drive, to the intersection of Michelson Drive and Bendelow Drive to a Point "B"; thence continuing Easterly 1,100 feet, more or less, along Michelson Drive, to the intersection of Michelson Drive and John R Road to a Point "C"; thence Northerly 1,150 feet, more or less, along John R Road, to a Point "D", said Point "D" being the intersection of John R Road and Enfield Street; thence continuing Northerly 2,450 feet, more or less, along John R Road, to a Point "E", being the Point of Ending of said Main Branch and lying Southerly 200 feet, more or less, from the Northeast Corner of said Section 35;
South Branch
Also, continuing from said Point "C" Easterly 900 feet, more or less, along Michelson Drive to a Point "F", being the Point of Ending of said South Branch;
East Branch
Also, continuing from said Point "D" Easterly, 300 feet, more or less, along Enfield Street to a Point "G", being the Point of Ending of said East Branch;
North Branch
Beginning at a Point "H", said point being the intersection of the Ferry Drain and Auburn Road, lying 1000 feet, more or less, Westerly of the intersection of Auburn Road and John R Road and the Northeast Corner of Section 35, T.3N, R.11E, City of Rochester Hills (Avon Township); thence Easterly 100 feet, more or less, along Auburn Road, to the intersection of Auburn Road and Bendelow Drive to a Point "I"; thence continuing Easterly 800 feet, more or less, along Auburn Road, to a Point "J", said point being the Point of Ending of said North Branch and lying 100 feet, more or less, Westerly of said Northeast Corner of Section 35;
Northeast Branch
Also, continuing from said Point "I" Southerly 500 feet, more or less, along Bendelow Drive to a Point "K", being the Point of Ending of the said Northeast Branch;
West Branch
Also, continuing from said Point "B" Northerly 2700 feet, more or less, along Bendelow Drive to a Point "M", being the Point of Ending of the said West Branch;
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 February 1996 drainage study, the City Council concludes that construction of the drain is necessary to provide for the public health and safety, as well as to correct ponding within the traveled roadway, promote a safe and stable road base, and also help alleviate flooding and ponding of water on private property.
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.