HomeMy WebLinkAboutResolutions - 1992.10.08 - 21219By: PLANNING & BUILDING COMMITTEE
JOHN OLSEN, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING AGREEMENT
FOR ADVANCEMENT OF FUNDS - CITY OF ROCHESTER
SEWAGE DISPOSAL SYSTEM PROJECT
92203 Miscellaneous Resolution # September 10 , 1992
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County") has been
requested by the City of Rochester (the "Municipality") to provide
assistance pursuant to the provisions of Act No. 342, Public Acts
of Michigan, 1939, as amended ("Act 342"), such assistance to
include the advancement of funds by the County to pay certain pre-
liminary expenses in connection with acquiring, constructing and
financing the facilities (the "Facilities") described on Exhibit A
to the Agreement for Advancement of Funds dated as of August 1,
1992, between the Municipality and the County (the "Agreement"),
and obtaining necessary permits for the Facilities; and
WHEREAS, the Municipality has approved the ,greement in
substantially the form submitted hereto and has directed its auth-
orized officers to execute and deliver the Agreement for and on
behalf of the Municipality.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commis-
sioners of the County of Oakland, as follows:
1. The Agreement is hereby approved and adopted, and
the County Drain Commissioner is hereby authorized and directed to
execute and deliver the same for and on behalf of the County, in as
many counterparts as may be deemed advisable, after the Agreement
has been executed by the appropriate officials of the Municipality.
The Agreement reads as follows:
ROBERT H. FREDERICKS
Chief Deputy Cnenrnissioner
859-0970
GEORGE W. KUHN
OAKLAND COUNTY DRAIN COMMISSIONER
ONE PUBLIC WORKS DRIVE
WATERFORD. MICHIGAN 48328-1907
858-0958
FAX # (313) 858-1066
GLEN YRJANAINEN
Deputy & Chief Engineer
Drain & Lakes Engineering
858.0981
WILLIAM E. KLOCKOW
Chief Engineer
Water & Sewer Engineering
958.1094
October 29, 1992
City of Rochester
400 Sixth Street
Rochester, Michigan 48307
Attention:
Reference:
Mr. Kenneth A. Johnson
City Manager
C.O.S.D.S. -
City of Rochester Extensions
Dear Mr. Johnson:
Enclosed is the executed agreement for the Advancement of
Funds dated August 1, 1992 between the County of Oakland
and the City of Rochester.
Our office is presently working with our attorneys,
Dickinson, Wright, in preparing the Act 342 Agreement.
If you should have any questions, please do not hesitate
to call.
Very truly yours,
OAKLAND COUNTY DRAIN COMMISSIONER
By: /
Philip Sfinzica/ P.E.
Assistant Chief Engineer
PS/kinb
CITY OF ROCHESTER
SEWAGE DISPOSAL SYSTEM
AGREEMENT FOR ADVANCEMENT OF FUNDS
/ZS
This Agreement for advancement of Funds (this "Agree-
ment") made and entered into as of the 1st day of August, 1992,
by and between the County of Oakland (the "County"), by and through
its Drain Commissioner, County Agency, and the City of Rochester
(the "Municipality").
WHEREAS, the Municipality is in need of certain facili-
ties described on Exhibit A attached hereto (the "Facilities") to
serve the residents of the Municipality; and
WHEREAS, the governing body of the Municipality has
adopted a resolution requesting assistance from the County pursuant
to the provisions of Act No. 342, Public Acts of Michigan, 1929, as
amended ("Act 342"), such assistance to include the advancement of
funds by the County to pay certain preliminary expenses in connec-
tion with acquiring, constructing and financing the Facilities and
obtaining necessary permits for the Facilities from the Michigan
Department of Natural Resources, the United States Environmental
Protection Agency and/or any other government agency.
THEREFORE, in consideration of the premises, the parties
hereto agree as follows:
1
1. The County agrees to advance funds in an aggregate
amount not to exceed $50,000 to pay for preliminary expenses
incurred by the County Agency in connection with acquiring,
constructing and financing the Facilities and obtaining necessary
permits for the Facilities pursuant to the provisions of Act 342,
including but not limited to expenses for engineering, consulting
and legal services.
2. Subject to the provisions of paragraph 3, the Muni-
cipality agrees to pay the County all such advances made pursuant
to paragraph 1 in full on or before August 1, 1994.
3. In the event the County and the Municipality enter
into a contract for the acquisition, construction and financing of
the Facilities pursuant to Section 5a of Act 342 or the Munici-
pality files a petition for the Facilities pursuant to Chapter 20
of the Drain Code effective on or prior to the date set forth in
paragraph 2, the amounts due pursuant to paragraph 2 shall be paid
by the Municipality to the County as set forth in such contract or
Chapter 20 proceedings.
4. This Agreement shall become effective upon its
execution by each party.
5. This Agreement may be executed in several counter-
parts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
2
And:
NANCY D. MI1ILER
Its: V CLERK
By
County Dra
County AgOcy
Commissioner
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and delivered by the undersigned, being
duly authorized by the respective governing bodies of such parties,
all as of the day and year first above written.
CITY OF ROCHESTER
By: Nx-0)'\
COUNTY OF OAKLAND
PENNY M. CRJSSMAN
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NANC\DRAIN\LOANROCH.FN I HEREBY APPROVE THE FOREG IrtJG RE S01 IITION
-91/31
FrSCAL NOTE (Misc. 92203)
BY: FINANCE COMMITTEE, DR. G. WILLIAM' CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING AGREEMENT FOR ADVANCEMENT
OF FUNDS - CITY OF ROCHESTER SEWAGE DISPOSAL SYSTEM PROJECT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #92203 and finds:
1) Funding of $50,000 is requested for expenses incurred by the Drain
Commissioner for engineering, consulting and legal services for
preliminary work on the City of Rochester Sewage Disposal System _ project.
r-ci I FL; , r d
2) Funds advanced will be paid back to the County General FundJin full
on or before August 1,_1994 and will be r.elarned to_the_Ganaral
Fu-nci-g oven -CL)4-ure ru.:! . . _
3) Miscellaneous Resolution #89276 established the "loan of county
funds policy" which requires Board approval of repayment terms at
an interest rate no less than the prevailing six-month Treasury
Bill rate and that such rates should be computed and compounded
quarterly.
4) Interest is waived for this project.
5) Prior year funds currently undesignated of $36,512.53 (resulting
from repayment of long term advances during 1992 from Bunny Run
Lake Dam Fund and Lake Charnwood) can be used for this purpose with
the balance coming from the fringe benefit adjustment account which
requires the following budget amendment to the 1992 Budget:
General Fund Revenue
3-10100-909 -01 -00 -9901 Sundry - Prior years revenue $36,513
General Fund Expenditures
4-10100 -909 -01 -00 -9906 FrLinde Benefit Adjustment (13,487)
4-10100-901 -01 -00 -8-745 -transfer to 1.3raiet
8610 ilachester_S—D—S-.—pro-j-ec-t , "J 50,000
Total Expenditures $36,513
6) The requirements in Resolution #89276 are waived in keeping with
past practice.
Resolution # 92203 October 8, 1992
Moved by Olsen supported by Skarritt the resolution be taken from the
table.
A sufficient majority having voted therefor, the motion carried.
Moved by Olsen supported by Caddell the resolution be adopted.
Moved by Caddell supported by McConnell the Fiscal Note (attached to the
resolution) be amended as follows:
Under 2), change County General Fund to Drain Revolving Fund
Change "returned to the General Fund" to"available for future projects."
Under 5), General Fund Expenditures, 2nd line, change to read:
4-10100-901-01-00-8610 Operating transfer to Drain Revolving Fund (and
delete Rochester S.D.S. project
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution with Amended Fiscal Note:
AYES: Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause,
McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer,
Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution; with amended
Fiscal Note, was adopted.
• STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 October 8, 1992
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 8th day of—) October 199 ?
Lynn/. Allen, County Clerk