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HomeMy WebLinkAboutResolutions - 1994.03.23 - 24182March 24 , 1994 Miscellaneous Resolution # 94072 BY: PLANNING & BUILDING COMMITTEE CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER — RESOLUTION APPROVING AGREEMENT FOR ADVANCEMENT OF FUNDS — VILLAGE OF WOLVERINE LAKE WASTEWATER COLLECTION SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland (the "County") has been requested by the Village of Wolverine Lake (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 in the Agreement for Advancement of Funds, dated as of March 1, 1994, 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 authorized officers to execute and deliver the Agreement for an on behalf of the Municipality. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners 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: 1 2. All Resolutions and parts of Resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning & Building Committee, I move adoption of the foregoing Resolution. nning & Building Criimmittee AGREEMENT FOR ADVANCEMENT OF FUNDS This Agreement for Advancement of Funds (this "Agreement") made and entered into as of the day of , 1994, by and between the County of Oakland (the "County"), by and through its Drain Commissioner, County Agency, and the Village of Wolverine Lake (the "Municipality"). WHEREAS, the Municipality is in need of a Wastewater Collection Facility (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, 1939, as amended ("Act 342"), such assistance to include the advancement of funds by the County to pay certain preliminary expenses in connection with the preparation of a project plan. 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 $20,000.00, unless further authorized by the Board of Commissioners, to pay for preliminary expenses incurred by the County Agency in connection with the preparation of a project plan for the Facilities pursuant to the provisions of Act 342, including but not limited to expenses for legal, engineering and consulting services. 2. The Municipality agrees to reimburse the County all such advances made pursuant to paragraph 1 on or before , 1996, which is two years from the date of the Agreement, in accordance with Board of Commissioners Resolution No. 92228 (dated October 8, 1992), thereby avoiding interest charges. 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, the date set forth in paragraph 2, for the repayment of the advance, shall still be applicable, regardless whether a Bond Sale to finance the overall project has, or has not, occurred. -1 4. Subject to the provisions of paragraph 2, the County agrees that original documents, drawings, design or survey notes or satisfactory copies thereof, shall at the request of the Municipality, be delivered to and become property of the Municipality. 5. The County agrees to provide the Municipality with quarterly progress and expenditure reports. 6. The County agrees to allow the Municipality to terminate this Agreement upon receipt of a thirty (30) day notice. The notice shall consist of a Resolution of the Municipality delivered to the County by Registered Mail. 7. The County agrees to obtain the Municipality's written approval prior to issuance of the Request for Proposals for the preparation of the Project Plan. 8. The Administrator of the Municipality is authorized to provide approvals for the Municipality pursuant to the provisions of this Agreement. 9. This Agreement shall become effective upon its execution by each party. 10. 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. 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. VILLAGE OF WOLVERINE LAKE By: Its: And: Its: COUNTY OF OAKLAND By: George W. Kuhn, County Drain Commissioner, acting as County Agency for the County of Oakland I td\phil\wolverineladv-fund.agr FINANCE COMMITTEE -1.. /7 , / . . - March 24, 1994 FISCAL NOTE (Misc. #94072) BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING AGREEMENT FOR ADVANCEMENT OF FUNDS -- VILLAGE OF WOLVERINE LAKE WASTEWATER COLLECTION SYSTEM, MISCELLANEOUS RESOLUTION #94 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #94072 and finds: 1) The resolution authorizes an advance from the Drain Revolving Fund in an amount not to exceed $20,000 on behalf of the Village of Wolverine Lake. 2) The agreement attached to the resolution specifies full repayment within two years, with no interest charged in accordance with the policy adopted by Miscellaneous Resolution #92228 on October 8, 1992. 3) Amendments to the 1994/1995 Biennial Budget are not required. STEV\DRAIN\WOLVERIN.FN In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 24th day ofLUArch 6.444.6/ Lyng(D. Allen, County Clerk Resolution #94072 March 24, 1994 Moved by Palmer supported by Powers the resolution be adopted. AYES: Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, Miltner, Obrecht, Palmer, Powers, Schmid, Taub. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. E FOREGOING RESOLUTION 3/24/Ce( Executive Date 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 March 24, 1994 with the original record thereof now remaining in my office.