HomeMy WebLinkAboutResolutions - 1992.10.08 - 21243Miscellaneous Resolution # q221p September 24 , 1992
BY: PLANNING & BUILDING COMMITTEE
JOHN OLSEN, CHAIRPERSON
IN RE: DRAIN COMMISSIONER -- RESOLUTION APPROVING
AGREEMENT FOR ADVANCEMENT OF FUNDS --
BLOOMFIELD VILLAGE CSO FACILITIES PROJECT (CITY OF BIRMINGHAM)
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 deened advisable, after the Agreement
has been executed by the appropriate officials of the Municipality.
The Agreement reads as follows:
BLOOMFIELD VILLAGE CSO
AGREEMENT FOR ADVANCEMENT OF FUNDS
This Agreement for advancement of Funds (this "Agree-
cz)ri u`s ment") made and entered into as of the let day of (-)valk-
()
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 1 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 $21,000 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 my 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
By:
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.
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COUNTY OF OAKLAND
By:
County Drain Commissioner
County Agency
i
3
EXHIBIT A - FACILITIES
pLOOMFIELD VILLAGE CSO FACILITIES
Description: The facilities for the Bloomfield Village
CSO Area serve portions of the Township
of Bloomfield, the City of Birmingham and
the City of Bloomfield Hills. A CSO con-
trol project to control combined sewer
overflow from the approximately 2,238
contributing acres area could consist of
1) a 10 million gallon Retention Treat-
ment Basin near Cranbrook Road and 14
Mile Road; 2) partial separation of a
portion of storm flows within the CSO
area; and 3) rehabilitation and/or re-
placement of existing combined sewers
within the CSO area.
Range of Estimated Cost = $20 million to $30 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.
PlailnAg and Building Committee
PMW/09207/0011/AR1/2
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FISCAL NOTE (Misc. 92218) October 8, 1992
FINANCE COMMITTEE
KEprqVikormOVETHEFOREGOING RESOLUMN
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BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - APPROVAL OF AGREEMENT FOR
ADVANCEMENT OF FUNDS- BLOOMFIELD VILLAGE CSO FACILITIES
PROJECT (CITY OF BIRMINGHAM) M.R. #92218
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 #92218 and finds:
1) Funding of $21,000 is requested for expenses incurred by
the Drain Commissioner for engineering, consulting and
legal services for preliminary work on the Bloomfield
Village CSO Facilities project on behalf of the City of
Birmingham.
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 # 92218 October 8, 1992 .
Moved by Olsen supported by McConnell the resolution be adopted.
AYES: Schmid, Serra, Skarritt, Aaron, Crake, Huntoon, Jensen, Johnson,
Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pernick, Price. (20)
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 of—) October ;-, 199_?
-7_ Lynn10.-Allen, County Clerk