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HomeMy WebLinkAboutResolutions - 1975.05.22 - 14789.! • • May 22, 1975 RESOLUTION NO. RE: LEASE-BACK WITH BUILDING AUTHORITY MEDICAL CARE FACILITY BY: PLANNING AND BUILDING COMMITTEE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland intends to enter into a Contract of Lease-Back with the Oakland County Building Authority with respect to the acquisition and financing of a Medical Care Facility which will be leased to the County of Oakland; and WHEREAS, it is necessary to publish a notice of such intention and to allow a 45-day period for the filing of a petition for referendum requesting an election on the Contract of Lease-Back. NOW THEREFORE BE IT RESOLVED that the County Clerk is hereby authorized and directed to cause the following notice to be published and prominently displayed once in the Oakland Press and the Daily Tribune, to-wit: COUNTY OF OAKLAND STATE OF MICHIGAN NOTICE OF INTENTION OF THE COUNTY OF OAKLAND TO ENTER INTO A CONTRACT OF LEASE-BACK WITH THE OAKLAND COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TC PETITION FOR REFERENDUM THEREON TO ALL ELECTORS AND TAXPAYERS OF THE COUNTY OF OAKLAND: NOTICE IS HEREBY GIVEN, that the Board of Commissioners of the County of Oakland, Michigan, intends to authorize the execution of a full faith and credit general obligation Contract of Lease-Back between the County of Oakland and the Oakland County Building Authority. The Contract of Lease-Back will provide, among other things, for the 7)29 leasing by the County of Oakland to the Oakland County Building Authority of land described as: Part of the Northeast Quarter of Section 24, Town 3 North, Range 9 East, Waterford Township, Oakland County, Michigan, des- cribed under Oakland County Service Center co-ordinate base system as beginning at a point located North 89 ° 45' 16" West 800.15 feet along the East and West quarter line of said Section 24 and North 00 0' 18" West 1146.57 feet from the East Quarter corner of said Section 24, said point of begin- ning being County Service Center co- ordinates North 1150.00 and West 800.00; thence from said Point of beginning due West 250.00 feet to co-ordinate point North 1150.00 and West 1050.00; thence North 45° 0' 0" West 212.13 feet to co- ordinate point North 1300.00 and West 1200.00; thence due North 200,00 feet to co-ordinate point North 1500.00 and West 1200,00; thence due East 400.00 feet to co-ordinate point North 1500.00 and West 800.00; thence due South 350.00 feet to the point of beginning North 1150.00 and West 800.00. All bearings based on Oakland County Service Center base lines and containing 2.956 acres, for the designing, acquiring, construction, equipping, and fur- nishing of a Medical Care Facility thereon by the Oakland County Building Authority, and for the lease-back of the land and Medical Care Facility by the Oakland County Building Authority to the County of Oakland. The Contract of Lease-Back will further pro- vide that the Oakland County Building Authority will finance the designing, acquiring, constructing, equipping and furnishing of the Medical Care Facility by the issuance of Building Authority Bonds pursuant to the provisions of Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended, in anticipation of the receipt of case rental payments to be made by the County of Oakland to the Oakland County Building Authority pursuant to the Contract of Lease-Back. The maximum amount of bonds to be issued is $3,200,000. 2 • • FULL FAITH AND CREDIT AND TAXING POWER OF THE COUNTY OF OAKLAND WILL BE PLEDGED NOTICE IS FURTHER GIVEN, that in the Contract of Lease- Back the Coun:,y of Oakland will obligate itself to make cash rental payments to the Oakland County Building Authority in amounts sufficient to pay the principal of and interest on the bonds to be issued by the Oakland County Building Authority and that the full faith and credit of the County of Oakland will be pledged for the making of the cash rental payments. Pursuant to the pledge of its full faith and credit the County of Oakland will be obligated to levy such ad valorem taxes upon all taxable property in the County of Oakland, without limitation as to rate or amount, as shall be necessary to make such cash rental payments. In addition to its obligation to make cash rental paymentsthe County of Oakland will, in the Contract of Lease-Back, agree to pay all costs and expenses of operation and maintenance of the land and Medical Care Facility and all expenses of the Authority incidental to the issuance and payment of the bonds to the extent such expenses are not payable from the proceeds of the bonds. RIGHT TO PETITION FOR REFERENDUM NOTICE IS FURTHER GIVEN, that this notice is given to and for the benefit of the electors and taxpayers of the County of Oakland, in order to inform them of the intention of the County of Oakland to enter into the above described Contract of Lease-Back and also to inform them of their right to petition for a referendum upon the question of entering into such a Contract of Lease-Back without a vote of the electors thereon but the Contract of Lease-Back shall not become effective until 45 days after publication of this notice. 3 I.- faeAt,/ D. Allen Oakland County Clerk , 1975. If, within the said 45-day period a petition for referendum re- questing an election on the Contract of Lease-Back, signed by not less than 10% or 15,000 of the registerd electors of the County of Oakland, whichever is less, has been filed with the Oakland County Clerz. the Contract of Lease-Back shall not become effective unless approved by a majority of the electors of the County of Oakland voting thereon at a general or special election. This notice is given by order of the Oakland County Board of Commissioners pursuant to Act 31 of the Public Acts of Michigan, 1948 (First Extra Session), as amended. Further information may be secured at the office of the undersigned Oakland County Clerk, 4- Dated:,..) -341 Chairman PLANNINOW BUILDING COMMITTEE OL4,41-0.1L-- HER,' APPlir;j1ip FOREGOA1G RESOLUTION ,./././ .0() Patrick M. T. M e.•• • • • ' 11. BE IT FURTHER RESOLVED that it is hereby found and determined that the Oakland Press or Daily Tribune 15 the newspaper reaching the largest number of electors and taxpayers of the County of Oakland. BE IT FURTHER RESOLVED that it is hereby determined that the aforesaid notice provides information sufficient to adequately inform the electors and taxpayers of the County of Oakland of the nature of the contractual obligations to be assumed by the County of Oakland and of their right to file a petition for referendum requesting an election on the Contract of Lease-Back. The Planning and Building Committee, by Mr. Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. 5 16, #7129 Moved by Nowak supported by Roth the resolution be adopted. AYES: Price, Roth, Simmons, Wilson, Aaron, Button, Coy, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montarite, Nowak, Olson, Patterson, Perinoff, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolution #7129 adopted by the Oakland County Board of Commissioners at their meeting held on May 22, 1975 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 22nd May IQ 75 day of Lynn D. Allen Clerk By Deputy Clerk