HomeMy WebLinkAboutResolutions - 2006.08.31 - 28088MISCELLANEOUS RESOLUTION # 06169 August 31, 2006
By: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER — STRATEGIC WATER QUALITY
INITIATIVE — GRANT APPLICATION AND AGREEMENT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and
Environmental Protection Act, 1994 PA, as amended ("Part 52"), MCL 324.5204a, provides that the
Michigan Municipal Bond Authority (the "Authority") in consultation with the Michigan Department of
Environmental Quality (the "DEQ", collectively with the Authority, the "State") shall establish a strategic
water quality initiatives grant program to provide assistance to governmental units to complete the
application for a loan under the State Revolving Fund ("SRF) program or Strategic Water Quality
Initiatives Fund ("SWQIF -) program: and
WHEREAS, in accordance with the provisions of 1985 PA 227, as amended (the "Act"), Part 52,
and other applicable provisions of the law, the Authority, the DEQ and a governmental unit (the
"County") that is a grant recipient shall enter into a grant agreement (the "S2 Grant Agreement") that
requires the County to repay the grant under certain conditions as set forth in MCL 324.5204a: and
WHEREAS, the County does hereby determine it necessary to undertake planning and/or design
activities related to a future project for which an SRF or SWQIF loan will be sought; and
WHEREAS, it is the determination of the County that at this time, a grant in the aggregate
principal amount not to exceed $600,000 ("Grant") be requested from the Authority and the DEQ to pay
for the planning and/or design activities; and
WHEREAS, the County shall obtain this Grant by entering into a S2 Grant Agreement with the
Authority and the DEQ.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The Drain Commissioner is hereby designated as an Authorized County Representative for
the purposes of applying for the S2 Grant Agreement.
2. A proposed form of the S2 Grant agreement shall be submitted for Board of Commission
approval upon receipt.
3. The County agrees that the S2 Grant Agreement, if finalized, shall become a repayable
obligation (the "Repayable Obligation") if any of the following occur:
(a) the County fails to submit an administratively complete loan application for assistance
from the SRF or the SWQIF for the project within 3 years of the Grant award.
(b) the project has been identified as being in the fundable range and the County declines
loan assistance from the SRF or the SWQIF in that fiscal year; or
(c) the County is unable to, or decides not to, proceed with constructing the project or opts to
finance construction by means other than a loan from the SRF or the SWQIF.
4. The County hereby pledges its limited tax full faith and credit for payment of the Repayable
Obligation subject to applicable constitutional, statutory and County tax rate limitations.
5. The County shall not invest, reinvest or accumulate any moneys deemed to be Grant funds,
nor shall it use Grant funds for general local government administrative activities or activities
performed by municipal employees.
6. The County acknowledges that a finalized S2 Grant Agreement will be a contract between the
County and the State.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charles E. Palmer, Chairperson
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
Ruth 3d-1--insbn, County Clerk
Resolution #06169 August 31, 2006
Moved by Palmer supported by Moss the resolution be adopted.
AYES: Long, Melton Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott,
Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson,
Hatchett, Jamian, KowaII. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
1/7 / 6
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 31, 2006,
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 31st day of August, 2006.