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HomeMy WebLinkAboutResolutions - 2006.12.14 - 28104December 14, 2006 MISCELLANEOUS RESOLUTION #06243 BY: Planning and Building Lommittee,Charles E.Palmer,Chair TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: IN RE: RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND BALANCE FROM THE WORK RELEASE PROJECT FUND TO THE JAIL RENOVATION & VISITATION PROJECT FUND TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland, Michigan (the "County"), and the Oakland County Building Authority (the "Authority") have entered into a Lease Contract dated as of November 1, 2001 (the "Lease Contract"), pursuant to which the Authority issued the $23,400,000 Oakland County Building Authority, Building Authority Bonds, Series 2001 (the "Bonds") in part to construct, furnish, and equip the Work Release Facility (the "Work Release Facility Project") among other things as described in the Lease Contract pursuant to the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"); and WHEREAS, the County and the Authority approved an Amendment to Lease Contract dated as of August 1, 2003 (the "Amendment to Lease Contract") to allow for the use of bond proceeds to demolish the original work release facility (the "Demolition Project"); and WHEREAS, an excess of at least $2,234,368.02 remains after completion of the Work Release Facility Project and the Demolition Project in the Work Release Facility Project fund (th0 "Work Release Project Fund"); and WHEREAS, the County proposes to undertake an additional project to construct the Jail Renovation & Visitation Project with funds remaining in part from the proceeds of the Bonds (the "Jail Project"); and WHEREAS, it is necessary to amend the Lease Contract again to provide for the Jail Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISS:ONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: 1. The preliminary plans and estimates relating to the Jail Project and identified in EXHIBIT 1 to APPENDIX I hereto are hereby approved. Planning & Building Committee Vote: Motion carried unanimously on a roll call vote with Gershenson absent 1 2. The Second Amendment to Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chair 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. 3. All activities involved in the planning and construction of this Project under this resolution shall comply with the standing rules of the Board of Commissioners. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 2 APPENDIX SECOND AMENDMENT TO LEASE CONTRACT THIS FULL FAITH AND CREDIT GENERAL OBLIGATION SECOND AMENDMENT TO LEASE CONTRACT ("Amendment to Lease") made as of November 1, 2006, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the "Authority"), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and the COUNTY OF OAKLAND, a County of the State of Michigan (the "County"), WITNESSETH: WHEREAS, the County of Oakland, Michigan (the "County"), and the Oakland County Building Authority (the "Authority") have entered into a Lease Contract dated as of November 1, 2001 (the "Lease Contract"), pursuant to which the Authority issued the $23,400,000 Oakland County Building Authority, Building Authority Bonds, Series 2001 (the "Bonds") in part to construct, furnish, and equip the Work Release Facility (the "Work Release Facility Project") among other things as described in the Lease Contract pursuant to the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"); and WHEREAS, the County and the Authority approved an Amendment to Lease Contract dated as of August 1, 2003 (the "Amendment to Lease Contract") to allow for the use of bond proceeds to demolish the original work release facility (the "Demolition Project"); and WHEREAS, an excess of at least $2,234,368.02 remains after completion of the Work Release Facility Project and the Demolition Project in the Work Release Facility Project fund (the "Work Release Project Fund"); and WHEREAS, the County proposes to undertake an additional project to construct the Jail Renovation & Visitation Project with funds remaining in part from the proceeds of the Bonds (the "Jail Project"); and WHEREAS, it is necessary to amend the Lease Contract again to provide for the Jail Project. THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS AMENDMENT TO LEASE AS FOLLOWS: 1. The Lease Contract dated November 1, 2001 is hereby amended by adding Section 24 as follows: "24. Authorization of Use of Remaining Bond Proceeds for Additional Project. The funds remaining in the Work Release Project Fund are hereby authorized to be transferred to the Jail Renovation & Visitation Project Fund for use as described in Exhibit I attached hereto." 2. This Second Amendment to Lease shall become effective upon execution. IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Amendment to Lease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY DUTLDING AUTHORITY OF AUTHORITY OFFICERS: By: Chairperson of its Commission By: Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: By: Chairman, Board of Commissioners By: County Clerk las.r6-oak83 2 STATE OF MICHIGAN) )ss. COUNTY OF OAKLAND) On this day of , 2006, before me appeared and , to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING AUTHORITY and that the foregoing Second Amendment to Lease Contract was signed and sealed by them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such instrument to be the free act and deed of the Authority. Notary Public, Oakland County, Michigan My Commission Expires: (Seal) STATE OF MICHIGAN) )ss COUNTY OF OAKLAND) On this day of , 2006, before me appeared and , to me personally known, who being by me duly sworn, did each say that they are, respectively, the Chairman of the Board of Commissioners and the County Clerk of the COUNTY OF OAKLAND and that the foregoing Second Amendment to Lease Contract was signed and sealed by them on behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged such instrument to be the free act and deed of the County. Notary Public, Oakland County, Michigan My Commission Expires: (Seal) Instrument Drafted By: John R. Axe Axe & Ecklund, P.C. 21 Kercheval, Suite 360 Grosse Pointe Farms, Michigan 48236 las.r6-oak83 3 EXHIBIT 1 Project Description: The Jail Renovation & Visitation Project consists of renovation of portions of the site and the 2 story, concrete frame Law Enforcement Center (the Jail), including Primarily first floor areas previously used by the Sheriff's Administration, Detective Bureau and Patrol Services (which will become jail staff offices and an approximately 52 bed kitchen trusty dormitory), as well as renovation and addition to the kitchen receiving area and vehicle delivery yard, addition of a Commissary adjacent to the kitchen receiving, renovation of public visitation area for video visitation (instead of an addition), replacement of the jail fire alarm and master control systems, and relocation of the jail records and staff. Estimated Project Cost: $6,200,C00 Las.r6-oak83 FISCAL NOTE (MISC. #06243) December 14, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND BALANCE FROM THE WORK RELEASE PROJECT FUND TO THE JAIL RENOVATION & VISITATION PROJECT FUND TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The County of Oakland and the Oakland County Building Authority entered into a Lease Contract, dated November 1, 2001, whereby the Authority issued Oakland County Building Authority Bonds in the amount of $23,400,000 for the Work Release Facility, Jail Management System and Video Conferencing projects of which $14,243,478 was apportioned to construct, furnish, and equip the Work Release Facility. 2. A current project balance of $2,234,368.02 remains after completion of the original Work Release Facility project. 3. The County proposes to undertake an additional project to construct the Jail Renovation & Visitation Project with funds remaining in part from proceeds of the bonds originally issued for the Work Release Project. 4. The resolution amends the Original Lease Contract to authorize the use of remaining bond proceeds apportioned for the Work Release Facility for transfer to the Jail Renovation & Visitation Project and identifies preliminary plans and estimates relating to the Jail Renovation & Visitation Project. 5. Any additional interest earnings posted to the Work Release/Jail Management/Video Conferencing Fund apportioned to the Work Release Project up until the transfer occurs will be transferred to the new Jail Renovation and Visitation Project Fund. 6. A budget amendment to the FY 2007 budget is recommended as follows: FY 2007 Work Release/Jail Mgmt/Video Conf Fund #41411 Project 100000000426 - ADM 1040801-148020-788001-41450 Transfer Out ($2,234,368.02) Jail Renovation & Visitation Fund #41450 Proj 100000000908 - ADM 1040801-148020-695500-41411 Transfer In $2,234,368.02 -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried on a roll call vote with Rogers absent. el°41111".., Ruth Johnson, County Clerk Resolution #06243 December 14, 2006 Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). APPROVE THE FOREGOING RESOLUTION 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 December 14, 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 14th day of December, 2006.