HomeMy WebLinkAboutResolutions - 1992.10.08 - 21252Miscellaneous Resolution # 92220 September 24 , 1992
BY:
IN RE:
PLANNING & BUILDING COMMITTEE
JOHN OLSEN, CHAIRPERSON
DRAIN COMMISSIONER -- RESOLUTION APPROVING
AGREEMENT FOR ADVANCEMENT OF FUNDS --
BLOOMFIELD VILLAGE CSO FACILITIES PROJECT (BLOCMFHMDTWID.)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County") has been
requested by the Township of Bloomfield (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, con-
structing 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 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:
BLOOMFIELD VILLAGE CSO
AGREEMENT FOR ADVANCEMENT OF FUNDS
This Agreement for advancement of Funds (this "Agreement")
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 Township of Bloomfield
(the "Municipality").
WHEREAS, the Municipality is in need of certain facilities
described on Exhibit A attached hereto (the "Facilities") to serve
certain 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
connection 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. The County agrees to advance funds in an aggregate amount
not to exceed $120,000 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
Municipality agre3s to pay thc: Couhty 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 Municipality
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 counterparts,
each of which shall be an original and all of which shall
constitute but one and the same instrument.
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.
By: C----;,-.1.--e—t2IL 7
Its: Supervisor
And: AO:ktiraI_Wbm..,
Its: Clerk
COUNTY OF OAKLAND
By:
County Drain Commissioner
County Agency
2
EXHIBIT A - FACILITIES
BLOOMFIELD 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 control
project to control combined sewer overflow
from the approximately 2,238 contributing
acres area could consist of 1) a 10 million
gallon Retention Treatment 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
replacement of existing combined sewers
within the CSO area.
Range of Estimated Cost = $20 million to $30 million
3
4/
ix' and Building Committee
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.
PMW/09207/0011/AR1/2
October 8, 1992
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kg I. 1441n..111,11.1. Da
FISCAL NOTE (Misc. 92220)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - APPROVAL OF AGREEMENT FOR
ADVANCEMENT OF FUNDS- BLOOMFIELD VILLAGE CSO FACILITIES
PROJECT (TOWNSHIP OF BLOOMFIELD) M.R. #92220
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 #92220 and finds:
1) Funding of $120,000 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 Township
of Bloomfield.
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.
NANC\DRAIN\LOANBIR.FN
Resolution # 92220 October 8, 1992 .
Moved by Olsen supported by McConnell the resolution be adopted.
AYES: Skarritt, Aaron, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson,
Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pernick, Price, Schmid, Serra. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
• STATE CF MICHIGAN)
COUNTY OF OAKLAND
1, 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 ,.-, 1991
P, ./::: --77-- / /).:1./._::...
v.:------e----,--,ci. c,L24..;, __.
Lynni0. Allen, County Clerk