HomeMy WebLinkAboutResolutions - 1992.10.08 - 21220Miscellaneous Resolution # 92215 September 24 , 1992
BY: PLANNING & BUILDING COMMITTEE
JOHN OLSEN, CHAIRPERSON
IN RE: DRAIN COMMISSIONER -- RESOLUTION APPROVING
AGREEMENT FOR ADVANCEMENT OF FUNDS --
BIRMINGHAM CSO FACILITIES PROJECT
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 Birmingham (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
preliminary 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 July 27,
1992, between the Municipality and the County (the "Agreement"),
and obtaining necessary permits for the facilities; and
WHEREAS, the Municipality has approved the Agreement in
substantially the form submitted hereto and has directed its auth-
orized officer 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:
BIRMINGHAM CSO FACILITIES
AGREEMENT FOR ADvANcEMENT OF FUNDS
This Agreement for advancement of Funds (this "Agree-
oq
ment") made and entered into as of the IFet- day of 0.
1992, by and between the County of Oakland (the "County"), by and
through its Drain Commissioner, County Agency, and the City of
Birmingham (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 cosideration of the premises, the parties
hereto agree as follows:
1
1. The County agrees to advance funds in an aggregate
amount not to exceed $150,000 to pay for preliminary expenses
incurred by the County Agency in connection with acquiring, con-
structing 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 March 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
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.
Its:
And:
4k-
Its.
COUNTY OF OAKLAND
By:
County Drain Commissioner
County Agency
By:
3
EXHIBIT A FACILITIES
D I RMINGHAM CSO FACILITIES
Description: A CSO Control Project to control combined sewer
overflows from the approximately 1,046 acre
contributing area could consist of 1) a 5.5
million gallon Retention Treatment Basin (RTB)
near Southfield Road and Lincoln Road; 2)
interceptor sewers to transport combined sewage
to the RTB; and 3) rehabilitation and/or
replacement of existing combined sewers within
the contributing area.
Range of Estimated Cost = $30 million to $50 million
2. All resolutions and parts of resolutions insofar as
they may be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move adoption of the foregoing resolution.
. ,laryning and Building ComMittee
PMW/09207/0011/AR1/2
-2-
FINANCE COMMITTEE
NANC\DRAIN\LOANBIR.FN
I HEREBY APPROVE THE FOREGOING RESOLUTION
urPh#, Cou'nt§Ecutive/ (7 trate
1.3 (1:-k
October 8, 1992
'FISCAL NOTE (Misc. 92215)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - APPROVAL OF AGREEMENT FOR
ADVANCEMENT OF FUNDS - BIRMINGHAM CSO FACILITIES PROJECT
MISCELLANEOUS RESOLUTION #92215
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 #92215 and finds:
1) Funding of $150,000 is requested for expenses incurred by
the Drain Commissioner for engineering, consulting and
legal services for preliminary work on the Birmingham CSO
Facilities project.
2) Funding is available in the Drain Revolving Fund.
3) Funds advanced will be paid back to the Drain Revolving
Fund in full on or before March 1, 1994.
4) No interest will be charged to the project if the advance
is paid back within two years.
Resolution # 92215 October 8, 1992 .
Moved by Olsen supported by Moffitt the resolution be adopted.
AYES: Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Aaron,
Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch,
McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution 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 or) October /:4 19_9g
Lynn . Allen, County Clerk
