HomeMy WebLinkAboutResolutions - 2006.12.14 - 28105December 14, 2006
MISCELLANEOUS RESOLUTION 106244
BY: Planning and Building Committee, Charles E. Palmer, Chair
IN RE: RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND
BALANCE FROM THE 52 " DISTRICT COURT, THIRD DIVISION 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 July 1, 2001 (the "Lease Contract"), pursuant
to which the Authority issued the $18,100,000 Oakland County Building
Authority, Building Authority Bonds, Series 2002 (the "Bonds") to
construct, furnish, and equip the 52 ' District Court Third Division
(the "Original Project") 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, an excess of at least $2,904,006.58 remains after completion of
the Original Project; 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 to provide for the
Jail Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS 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.
2. The 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.
PLANN:NG AND BUILDING COMM:TTEE
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote with Gershenson absent.
APPENDIX I
AMENDMENT TO LEASE CONTRACT
THIS FULL FAITH AND CREDIT GENERAL OBLIGATION 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 July 1, 2001 (the
"Lease Contract"), pursuant to which the Authority issued the
$18,100,000 Oakland County Building Authority, Building Authority
Bonds, Series 2002 (the "Bonds") to construct, furnish, and equip
the 52nd District Court Third Division (the "Original Project")
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, an excess of at least $2,904,006.58 remains after
completion of the Original Project; 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 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 LEASE AS FOLLOWS:
1. The Lease Contract dated July 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 52 nd
District Court Third Division Project Fund are hereby
authorized to be transferred to the Jail Renovation &
Visitation Project Fund for use as described in Exhibit 1
attached hereto."
2. This 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 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 BUILDING 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 Comthissioners
By:
County Clerk
las.r5-oak82
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
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 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.r5-oak82
3
EXHIBIT I
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: $6,200,000
las.r5-oak82
FISCAL NOTE (MISC. 106244) December 14, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: RESOLUTION AUTHORIZING THE TRANSFER OF THE REMAINING FUND BALANCE FROM
THE 52 111) DISTRICT COURT, THIRD DIVISION 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 July 1, 2001, whereby the
Authority issued Oakland County Building Authority Bonds in the
amount of $18,100,000 to construct, furnish, and equip the 52'd
District Court Third Division Courthouse.
2. A current project balance of $2,904,006.58 remains after
completion of the original 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 52 nd District Court Third Division Courthouse Project.
4. The resolution amends the Original Lease Contract to authorize
the use of remaining bond proceeds 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 52-3 District
Court Construction Fund up until the transfer occurs will be
transferred to the new Jail Renovation and Visitation Project
Fund.
6. A budget amendment is recommended to the FY 2007 budget as
follows:
FY 2007
52-3 DC Construction Fund #41421
Proj 100000000429- ADM
1040801-148020-788001-41450 Transfer Out ($2,904,006.58)
Jail Renovation & Visitation Fund #41450
Proj 100000000908 - ADM
1040801-148020-695500-41421 Transfer In $2,904,006.58
-0-
FINANCE COMMITTEE
(//1-
FINANCE COMMITTEE
Motion carried on a roll call vote with Rogers absent.
on the Consent
Jamian, KowaII,
Suarez, Wilson,
-)///04
Resolution #06244 December 14, 2006
Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached)
Agenda, be adopted (with accompanying reports being accepted),
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott,
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).
I HEREBY APPROVE THE FOREGONG zoom
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.
Ruth Johnson, County Clerk