HomeMy WebLinkAboutResolutions - 2003.10.02 - 27295September 18, 2003
MISCELLANEOUS RESOL=ON#03258
31: Planning and Building Committee, Charles E. Palmer, Chair
IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING
AUTHORITY TO USE EXCESS PROCEEDS FROM THE SALE OF THE $23,400,000
OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY BONDS,
SERIES 2001, DATED JANUARY 1, 2002 WORK RELEASE FACILITY, JAIL
MANAGEMENT SYSTEM AND VIDEO ARRAIGNMENT SYSTEM) LOCATED IN
VARIOUS MUNICIPALITIES IN OAKLAND COUNTY, MICHIGAN
TO THE OAKLAND C0TY BOARD OF ::.:OMM:SS:ONERS
Chairperson, ladies and Gentlemen:
WIIEREAS, thc County of Oakland, Michigan (tne "County"), and
tne Oakland County Building Authority (the "Authority") have
entered into a Lease Contract dated as of November 1, 2031 the
"Lease ContracL"), Pursuant to which the Authority constructed a
project, a description of which is attached as Exhibit A to the
Lease Contract (the "Project") contempla t ed by the terms of Act
No. 31, Public Acts of Michigan, 1948 First Extra Session), as
amended ("Act 31", and leased the Project to the County for a
term not to exceed 50 years as permitted by Act 31; and
WE 7 REAS, pursuant Lc Act 31 and the Lease Contract, the
Authority issued its $23,400,000 Building Authority Bonds, Series
2001, Gated January 1, 2002 (the "Bonds") to pay for the cost of
constructing the Project; and
WIIEREAS, the County has determined that the Prolect as
originaliy described needs to be expanded to include the
demolition of toe existing work release facility which is
described In Exhibit : attached hereto; and
WHEREAS, toe cost of the demolition of the existing work
release facility is within the original cost estimates for the
Project and will not require additional bonds to be issued by the
Authority; and
WHEREAS, in order to expand the description of the Project
the County and toe Authority must enter into an Amendment Lc
Lease Contract which is attached hereto as Appendix :.
Planning & PYoilding Committe Vote:
Motion carried on unanimous roll call vote with Coleman absent
NC;, THEE ---FORE, EE P.SCLV?": TFE 7-',OARD: OF -.X=SION::P.S
TEE C=TI OF OAKLAND, MICEIGAN, as follows:
The description of the expanded Project including
demolition of the existing work release facility in EXHIBII I
attached hereto is hereby approved and ordered filed with the
County Clerk.
2. The Amendment to Lease Contract: in the form of TIPPENDIX
hereto is hereby approved, and the Chairman of the Board of
Commissioners and the County Clerk are hereby authorized and
directed to execute and deliver the same for and on behalf of the
County.
.) Tc - ,... —___ activities involved in the planning and
construction of this Project uhder l.his resolution shall c=ply
with the standing rules of the Board of Commissioners.
Chairperson, on behalf of the 21anninc and Buildinc•
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMIT:E=
2
ARRENDIX I
AYENDVENT TC- LEASE CONTACT
THIS FULL FAITH AND CRE:IT GENERAL OBLIGATION AMENDYENT TO
LEASE CONTRA= ;"Amendment to Lease") made as of August 1, 2003,
by and between the OAKLAND COUNTY BUILDING AUTHORITY (the
"Authority"), a bui1ding authority organized and existing under
and pursuant to the provisions of Act. No. 3, ublic Acts of
Michigan, 194P ;TirsL Extra Session), as amended ("Act 31"), and
the COUNTY OF OAKLAND, a County of the State of Michigan (the
"County"
ITNESSETA
WHEREAS, the Authority has been incorporated by the County
pursuant to Act 31 tor the purpose of acquiring, furnishing,
equipping, owning, improving, enlarging, operating and
maintaining a building or buildings, automobile parking lots or
structures, recreational facilities and stadiums, and the
necessary site or sites therefor, for the use of the County; and
WHEREAS, the County and the Authority have entered into a
Lease Contract dated as of Novomber 1, 2001 (the "Lease
Contract", pursuant to which the Authority constructed a
project, a descrintion of which is attached as Exhibit A to the
Lease Contract the "Project") contemplated by the terms of Act
21, and leased the Profect to the County for a term not to exceed
50 years as permitted by Act 31; and
WHEREAS, pursuant to Act 31 and the Lease Contract, the
Authority issued its $23,400,000 Building Authority Sonds, Series
2001, catcd January 1, 2002 (the "Bonds") to pay for the cost of
constructing the Project; and
W:IEREAS, the County has determined that the Proect as
orrrinally described needs to be expanded to include the
demolition of the existing work release facility which is
described in Exnibit : attached hereto; and
WHEREAS, the cost of the demolition of the existing work
release facility is within the original cost estimates for the
project and will not require additiona_ bonds to be issued by the
Authority.
TH=FORE, IN CONSIDERATION OF THE MUTUAL UNDERTAK:NGS AND
AGREEMENTS SE: FORTH BELOW, IT IS HEREBY AGREED BY AND BETWL-FN
THE PAR IS 10 THIS AMENDMENT TO LEASE AS FOLLOWS:
laIdgraph 1A is added to the Lease Contract to read as
follows:
3
1A. Additional Work on Project. :n addition to the Project
described in Exhibit A attached to the Lease Contract, the
Athority shall as a part of the Project complete the work
described in Exhibit attached hereto.
2. Effective Date of Amendment to Lease. This Amendment
Lease shall become effective upon
IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING
AUTHORITY, by its Commission, and the CCT:NTY OF OAKLAND, by its
Board of Commissioners, have caused this Amendment to Lease to be
signed by their duly authorized officers, and their seals '7.o be
affixed hereto, all as of the day and year first above written.
WITNESSES IC SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY
OF AUTHORITY OFFICERS:
By:
Chairperson of its Commission
By:
Secretary of its Commission
WITNESSFS TO SIGNATURES COUNTY OF OAKLAND
OF CO 'Y 0'2:1I0EH3:
3y:
Chairman, Board of Commissioners
By:
County Clerk
LI
las.r4-oak83
4
•TriTE Jr YICH=OAN:
COUNTY OF OAKLAND
On this day of 2C3, before me appeared
and , to me personally known,
who 1,',-yeing by me july sworh, did ea :h say that th e y are,
respectvolv, the Chairperson and the Secretary of the Commission
of the OAKLAND COUNTY .9r.1:12ING AUTHOHiTY and that the torcoinç
Lease Contract was signed and sealed bv them on behalf of he
At7,thority by a',;thority of iLs Co=is.sion, and that such perschs
acknowledged sch instrument to be the free act and deed of the
Authority.
Notary PJblic, Oakland Cur.:7,y,
Nichigan
My Commission Expiresr_
STATE OF Y7CHIGAN
)ss.
COUNTY OF OAKLAND)
On this of , 2033, before me
appeared and to —e
personally known, who being by me duly sworn,fid eaon say that
they are respectively, the Chairman of the Board of
Commissioners and the County Clerk of the CUNTY OF OAKLAND and
that the fcrocing Lease Contract was signec: and sealed by them
on behalf of :ho County by auttiority of its Board of
Conmfasioners, and that such persons ackhowledqed sucl - instrument
to be the free act and deed of the County.
Notary Public, Oakland CoGny,
Xichigan
My Commission Expires:
Sea
:ns:rument :3rafted By:
John R. Axc
Axe & Ecklund, F. C.
21 !<",Prch2vl, Suite 360
Gros5e Poir.te Fcrins , 1lch inri 48236
EXEIBIT I
DESCRIPTION OF WORK
WORK RELEASE FACILITY, PROJECT 98-22
DEMOLITION OF OLD WORK RELEASE FACILITY
The now Work Release Facility has been substantially
completed and the work release program reside= have been moved
into this fine new facility. Therefore, the old Work Release
Facility has been vacated. Tic County's intent with this project
has been to replace the old facility with this new facility and
to demolish one (Did buf_d:771g.
The c:,d. Work F,,eiease Facility, Bu'ldinc - 53 West, locateg on
the oaklhci couLLy servLce Center in Waterford Township,
ichigan, was constructed in l26. Through the years this
concrete framed, masonry faced, two story 16,66:'.: sc:uare foot
building, which includes a full basement, has served as home to
several C o unty users including since 1919, the Work Release
program.
However, this .?,0 year old building has exceeded its useful
life. _It is not air conditioned and all windows, mechanical,
electrical and sanitary systems need reclacement. Even then
compliance with barrier free requirements and their underlying
:::revisions of federal AA law would be expensive to achieve. An
attempt to renovate th's ou Iding woulc. not be cost effective.
The Euilding Authority requests toot demolition of the old
Work base Facility be added into the now Work Release Facility
prolect and be funded by the project's bond issue.
101 The cost estimate for demolition of the
Facility is as follows:
DemoliLion
Hazard:-;u5 Yaterial identification and Removal
Disconnect Electrical, Steam, Water and Sewer
Site Restoration
Contingency (15
Total L3_imaLed Cost
Release
1C,009
l0,C00
1C,COC
-30,00C
$16C,C3C
The new Work Release Facility bond issue's current
ecntin:jency balance is $2,261,661. The estimated final balance
is expected to be almost `32,00C,C0C. Therefore, sufficient
funding is available in the bond iss.;,e t0 allow inclusin of this
demclitIn work in toe prGect.
DESCRIPTTON
Paul N. Hurter, Yanager.
:acliities Engineering
Las.r4-dak3
1
FISCAL NOTE (M.R. 403258) October 2, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO
USE EXCESS PROCEEDS FROM THE SALE OF THE $23,400,000 OAKLAND COUNTY
BUILDING AUTHORITY, BUILDING AUTHORITY BONDS, SERIES 2001 1 DATED
JANUARY 1, 2002 (WORK RELEASE FACILITY, JAIL MANAGEMENT SYSTEM AND
VIDEO ARRAIGNMENT SYSTEM) LOCATED IN VARIOUS MUNICIPALITIES IN OAKLAND
COUNTY, MICHIGAN
TO THE OAKLAND COUNTY BOAPW OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule xi:-C cf this Board, the Finance Committee has
reviewed the above referenced resoluton and finds:
1. Oakland County and the Oakland County Building Authority
entered into a lease contract dated November 1, 2001 to
construct a new Work Release Facility, as well as develop a
Jail Management System and a Video Arraignment System.
2. Pursuant to P.A. 31 of 1948 and the lease contract, the
Authority issued Building Authority Bonds, Series 2001,
dated January 1, 2002, in the amount of $23,400,000 to pay
for the cost of constructing the project.
3. The resolution approves an amendment to the lease contract
to expand the project to include demolition of the existing
Work Release Facility.
4. The cost of the demolition of the existing Work Release
Facility is estimated at $180,000 and is within the cost
estimates for the project.
S. Sufficient funding is available for the demolition of the
existing Work Release Facility in the original project and
issuance of additional bonds by the Building Authority will
not be requared.
6. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote with Crawford absent.
Resolution #03258 September 18, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
I EBY AMINE FOREGOING RESOLUTION
‘f_
Resolution #03258 October 2, 2003
Moved by Wilson supported by Crawford the resolutions on the Consent Agenda, be adopted (with
accompanying report being ac..cepLed)
AYES: Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Natchett, Jamian, Knollenberg
Long, McMillin, Middleton, Moffitt, Moss Palmer, Patterson. Potter, Rogers, Scott, Suarez,
Webster, Wilson. Zack. (23)
NAYS: None. (0)
A sufficient majority having voted therefore. the resoiutions on the Consent Agenda, were adopted (with
accompanying reports being accepted.
STATE OF MICHIGAN)
COUNTY OF OAK-AND)
G. William Caddell. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a t-ue
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
October 2, 2003 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixe
Pontiac, Michigan this 2nd day of October, 2003_
of the Couoks of Oakland at
G. William Caddell, County Clerk