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HomeMy WebLinkAboutResolutions - 1998.08.06 - 25286MISCELLANEOUS RESOLUTION #98114 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: THE NORTH ARM RELIEF DRAIN DRAINAGE—Revolving Fund Borrowing Agreement (Amendment to )R#98164) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Act 40 of the Public Acts of 1956, as amended [hereinafter referred to as the Drain Code], the Cities of Birmingham and Royal Oak have petitioned the Drain Commissioner's office to construct the North Arm Relief Drain to reduce basement flooding; and WHEREAS pursuant to Chapter 20 of the Drain Code, the Drainage Board, having determined that a drainage project is necessary for the public health, and further determined that drainage facilities be located, established and constructed with the costs thereof to be assessed wholly against the public corporations (as defined by the Drain Code] benefiting from said project; and WHEREAS recognizing the urgent need for said drainage facilities to alleviate flooding thereby promoting the health and welfare of the residents located within the North Arm Relief Drain Drainage District [hereinafter referred to as the Drainage District], the Oakland County Board of Commissioners adopted Miscellaneous Resolution #98164, entitled THE NORTH ARM RELIEF DRAIN DRAINAGE DISTRICT: EXECUTION OF THE INTERLOCAL AGREEMENT; EXECUTION OF CONTRACT TO ADVANCE AND REPAY FUNDS NOT TO EXCEED THREE MILLION TWO HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED TWENTY-EIGHT ($3,286,528.00) DOLLARS; AUTHORIZATION FOR COUNTY OF OAKLAND TO PAY ITS ASSESSMENT FOR COUNTY ROADS LOCATED WITHIN DRAINAGE DISTRICT; and WHEREAS to facilitate the loan from the Delinquent Tax Revolving Fund to the General Fund approved in MR #98164, inclusion of the attached Revolving Fund Borrowing Agreement is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached Revolving Fund Borrowing Agreement, and amends MR 98164 to include said Agreement; and BE IT FURTHER RESOLVED that the attached Revolving Fund Borrowing Agreement supersedes the Borrowing Agreement which was attached to the Fiscal Note accompanying MR#98164. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Sue Ann Douglas, Chairperson ATTACHMENT TO FISCAL NOTE REVOLVING FUND BORROWING AGREEMENT WHEREAS the County of Oakland is desirous of borrowing monies from the Oakland County Delinquent Tax Revolving Fund, and WHEREAS the Delinquent TWA Revolving Fund Agent has determined sufficient monies are available to loan to the County, THEREFORE, in consideration of agreements set forth below it is hereby agreed by and between the parties as follows: The County General Fund will borrow the principal sum of $3,286,528 from the Delinquent Tax Revolving Fund to be paid back in one lump sum, principal and interest. Said payment shall be made 6 months after the outcome of the Litigation. Interest on the payment will be based on the 6 month Treasury during the term of this agreement. The rate will be changed every 6 months and interest will be compounded quarterly. AGENT FOR REVOLVING FUND CHAIRPERSON-BOARD OF COMMISSIONERS 1 1-1FREFr\,' L. Brooks Patterson. County ExKutive 7/41, Date ESOLUTIOr Resolution #98174 August 6, 1998 Moved by Douglas supported by Jensen the resolution be adopted. AYES: Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. ronirmarameri~IMMINIIIIIIIMINIIIIIIMMINN .RamalPftm~Mennmmool•n•n••1 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 August 6, 1998 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 6th day o A.gust 8. D. Allen, County Clerk