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HomeMy WebLinkAboutResolutions - 2007.11.01 - 9299REPORT (MISC. 107249) November 1, 2007 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: MR #07249 — DRAIN COMMISSIONER — REQUEST FOR $150,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR REPAIR OF THE OXFORD MULTI-LAKES LEVEL CONTROL STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Miscellaneous Resolution #07249 on November 1, 2007, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE ( PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote, MISCELLANEOUS RESOLUTION # 07249 October 18, 2007 BY: Commissioner Bradford C. Jacobsen, District 1 IN RE: DRAIN COMMISSIONER - REQUEST FOR $150,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR REPAIR OF THE OXFORD MULTI-LAKES LEVEL CONTROL STRUCTURE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, Cedar Lake, Clear Lake, Long Lake, Squaw Lake, Squaw Lagoon, Tan Lake and Michelson Lake are inland lakes located in the Charter Township of Oxford, County of Oakland, State of Michigan ("Oxford Multi-Lakes"); and, WHEREAS, the Circuit Court for the County of Oakland, by Court order on May 9, 1973 established the normal lake levels for the Oxford Multi-Lakes pursuant to the provisions of Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act (NREPA), MCLA 324.30701 et seq. ("Part 307"); and WHEREAS, said court order confirmed the boundaries of the special assessment district for Oxford Multi-Lakes; and WHEREAS, the Office of the Drain Commissioner, as the delegated authority, inspected the lake level control structure utilized to maintain the normal levels for the Oxford Multi-Lakes and has determined that the public health, safety and welfare of the property owners and residents of Oxford Township require the repair of the structure; and, WHEREAS, the estimated the cost of the repair is $163,000; and, WHEREAS, pursuant to Part 307, Section 30711 provides that the County Board of Commissioners may determine that the whole or part of the cost of a project shall be defrayed by special assessments against the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality; and WHEREAS, pursuant to Part 307, Section 30715, the County Board of Commissioners may also provide that the special assessments on properties benefited may be made in installments; and, 1 4-- WHEREAS, pursuant to Miscellaneous Resolution #02019, adopted February 21, 2002 established a Long Term Revolving Fund to assist in the financing of water and sewer projects that do not require the issuance of bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: 1. The County Board of Commissioners hereby authorizes an advance of $150,000 from the County's Long Term Revolving Fund to the Oxford Multi-Lakes Special Assessment District with an annual interest rate of 5.06% for the repair of the Oxford Multi-Lakes lake level control structure ("Repair Project"). 2. All costs of the Repair Project shall be defrayed by special assessments against the following lands that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality. 3. The special assessment on benefited lands may be applied in five (5) annual installments. 4. The delegated authority is authorized to compute all costs relating to the Repair Project and prepare a special assessment roll. 5. The delegated authority shall proceed with a public hearing on the repair project and prepare a special assessment roll in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.30701 et seq.). Chairperson, on behalf of District 1, I move the adoption of the foregoing resolution. Bradt4d C. Jacobsen Commiiisioner, District 1 2 Resolution #07249 October 18, 2007 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. FISCAL NOTE (MISC. #07249) November 1, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - REQUEST FOR $150,000 LOAN FROM THE LONG TERM REVOLVING FUND FOR REPAIR OF THE OXFORD MULTI-LAKES LEVEL CONTROL STRUCTURE 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 Drain Commissioner's office is requesting a $150,000 loan from the Long-Term Revolving Fund for the repair of the Oxford Multi-Lakes level control structure. 2. Miscellaneous Resolution #02019 authorized that monies be made available to assist in the financing of water and sewer that do not require the issuance of bonds. 3. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of $150,000 to the Oxford Multi- Lakes Level Fund. 4. Previous loans from the Long-Term Revolving Fund have been secured with an approved special assessment roll against all benefiting parcels. 5. The special assessment roll for the Oxford Multi-Lakes repair project to repay the loan, with interest, has not been approved yet. 6. The Drain Commissioner's office will hold a public hearing on the repair project and will prepare a 5 year special assessment roll in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.30701 et seq) in order to repay the loan with interest. 7. No funds shall be disbursed from the Long-Term Revolving Fund until such time as the delegated authority has completed its proceedings. 8. The interest rate to be charged is to be based on the prevailing six-month Treasury Bill rate at the time the loan is issued with Fiscal Services obtaining the six-month Treasury Bill rate from the Oakland County Treasurer's office upon loan issuance. 9. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward and Greimel absent. Ruth-Tolin-on, County Clerk Resolution #07249 November 1, 2007 Moved by Jacobsen supported by Douglas the resolution (with fiscal note attached) be adopted. Moved by Jacobsen supported by Douglas the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 0 iHERI3-Y APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 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 November 1, 2007, 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 1st day of November, 2007.