ADOPTED - NOVEMBER 28, 2000
Agenda Item No. 6
Introduced by the Finance Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
At a regular meeting of the Board of Commissioners of the County of Ingham (the A County@ ) held in the County Courthouse, in the City of Mason Michigan on November 28, 2000 at 7:30 p.m. Eastern Standard Time, there were:
PRESENT: Bernero, Czarnecki, Grebner, Juall, Lynch, McDonald, Minter, Pratt, Schafer, Schmidt, Severino, Smiley and Stid
ABSENT: None
The following preamble and resolution were offered by Commissioner Bernero and seconded by Commissioner Severino.
RESOLUTION APPROVING AND AUTHORIZING
TERMINATION OF THE MICHIGAN GOVERNMENTAL INVESTMENT TRUST AND APPROVING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH VARIOUS COUNTIES, CITIES AND TOWNSHIPS WHICH ESTABLISHED THE MICHIGAN GOVERNMENT INVESTMENT TRUST
RESOLUTION #00-265
WHEREAS, Section 28 of Article 7 of the 1963 Constitution of the State of Michigan provides, among other things, that the Legislature of the State of Michigan shall authorize two or more municipalities to enter into contractual undertakings for the joint administration of any functions each party would be separately empowered to perform, to share costs and responsibilities of such functions, and to cooperate with one another; and
WHEREAS, Section 4 of Act No. 7 of the Public Acts of Michigan of 1967, Extra Session, as amended, 124.501 et seq. of the Compiled Laws of Michigan [Act No. 7], provides that a public agency of the State of Michigan may exercise jointly with any other public agency of the State of Michigan any power, privilege or authority which such agencies share in common and which each might exercise separately; and
WHEREAS, counties, cities, villages and townships ("public corporations") are "public agencies" as defined in Act No. 7, as amended; and
WHEREAS, a number of public corporations of the State of Michigan (the A Participants@ ) established and organized a legal entity pursuant to Section 5 of Act No. 7, as amended, by entering into a Declaration of Trust for the purpose of combining their available investment funds so as to enhance the investment opportunities available to them by approving a Declaration of Trust which was also an Interlocal Agreement made as of March 1, 1994 and amended as of January 1, 1997 thereby creating the Michigan Government Investment Trust (A MIGIT@ ).
WHEREAS, the Participants of MIGIT now believe it is in the best interest of the participants that MIGIT be terminated.
WHEREAS, two thirds of the Participants may terminate MIGIT by approving the termination of MIGIT and adopting an Amendment to Interlocal Agreement providing for such termination of MIGIT on a date in the future.
ADOPTED - NOVEMBER 28, 2000
Agenda Item No. 6
RESOLUTION #00-265
WHEREAS, a Second Amendment to Declaration of Trust which is also a "Second Amendment to Interlocal Agreement" has been prepared for these Public Corporations to approve pursuant to Section 5 of Act No. 7, as amended, for the purpose of terminating MIGIT.
WHEREAS, the governing board of two thirds of the Participants must duly adopt a resolution approving this amendment before it becomes effective;
NOW THEREFORE it is resolved by the Board of Commissioners of the County of Ingham as follows:
1. The Michigan Government Investment Trust shall be terminated effective January 31, 2001.
2. The Second Amendment to Agreement/Declaration of Trust dated as of January 1, 2001, a copy of which is attached hereto as Appendix A, is hereby approved and the Chairperson of the Board of Commissioners and the County Clerk are authorized to execute and deliver the same.
3. A copy of this resolution shall be sent to the Secretary of the Board of Trustees of MIGIT.
FINANCE: Yeas: Bernero, Grebner, Czarnecki, McDonald, Schafer, Juall, Minter
Nays: Absent: None Approved 11/21/00
A ROLL CALL VOTE WAS TAKEN AS FOLLOWS:
YEAS: Bernero, Czarnecki, Grebner, Juall, Lynch, McDonald, Minter, Pratt, Schafer, Schmidt, Severino, Smiley and Stid
NAYS: None
ABSTAIN: None
THE RESOLUTION WAS DECLARED ADOPTED.
FINANCE: The Finance Committee will meet on 11/21/00
STATE OF MICHIGAN )
)ss.
COUNTY OF )
The undersigned, being the duly qualified and acting Clerk of the County of Ingham hereby certified that the foregoing is a true and complete copy of a resolution duly adopted by the County Board of Commissioners at its regular meeting held on the 28th day of November, 2000 at which meeting a quorum was present and remained throughout and that an original thereof is on file in the records of the County of Ingham. I further certify that the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes of such meeting were kept and will be or have been made available as required thereby.
______________________________
County Clerk
DATED: __________________________, 2000
ded/r-dis
APPENDIX A
SECOND AMENDMENT TO AGREEMENT/DECLARATION OF TRUST
THIS SECOND AMENDMENT TO AGREEMENT/DECLARATION OF TRUST dated as of the 1st day of January, 2001 among the Township of Coe, the Charter Township of Meridian, the County of Ingham, the County of Ogemaw, the County of Wexford, the County of Kalamazoo, the County of Roscommon, and the County of Van Buren.
WHEREAS, Section 28 of Article 7 of the 1963 Constitution of the State of Michigan provides, among other things, that the Legislature of the State of Michigan shall authorize two or more municipalities to enter into contractual undertakings for the joint administration of any functions each party would be separately empowered to perform, to share costs and responsibilities of such functions, and to cooperate with one another; and
WHEREAS, Section 4 of Act No. 7 of the Public Acts of Michigan of 1967, Extra Session, as amended, 124.501 et seq. of the Compiled Laws of Michigan [Act No. 7], provides that a public agency of the State of Michigan may exercise jointly with any other public agency of the State of Michigan any power, privilege or authority which such agencies share in common and which each might exercise separately; and
WHEREAS, counties, cities, villages and townships ("public corporations") are "public agencies" as defined in Act No. 7, as amended; and
WHEREAS, a number of public corporations of the State of Michigan (the A Participants@ ) established and organized a legal entity pursuant to Section 5 of Act No. 7, as amended, by entering into a Declaration of Trust for the purpose of combining their available investment funds so as to enhance the investment opportunities available to them by approving a Declaration of Trust which was also an Interlocal Agreement made as of March 1, 1994 and amended as of January 1, 1997 thereby creating the Michigan Government Investment Trust (A MIGIT@ ).
WHEREAS, the Participants of MIGIT now believe it is in the best interest of the participants that MIGIT be terminated.
WHEREAS, two thirds of the Participants may terminate MIGIT by adopting an Amendment to Interlocal Agreement providing for the termination of MIGIT on a date in the future.
WHEREAS, An Amendment to Declaration of Trust which is also an "Amendment to Interlocal Agreement" has been prepared for these Public Corporations to approve pursuant to Section 5 of Act No. 7, as amended, for the purpose of terminating MIGIT.
WHEREAS, the governing board of two thirds of the Participants must duly adopt a resolution approving this amendment before it becomes effective;
THE PARTICIPANTS TO THE AGREEMENT/DECLARATION OF TRUST made as of March 1, 1994, as amended as of January 1, 1997 agree as follows:
The AGREEMENT/DECLARATION OF TRUST made as of March 1, 1994, as amended as of January 1, 1997, is amended by adding the following article to read as follows:
ARTICLE XVI
This Declaration of Trust shall terminate at 12:00 p.m. on the 31st day of January, 2001. Thereafter, the Trustees shall wind up the affairs of the Trust as provided in Article XIII, Section 13.1 of this Declaration of Trust.
INFORMATION REGARDING EXECUTION
The Amendment/Declaration of Trust was executed on behalf of the Participants by the persons indicated below as of January 1, 2001:
PARTICIPANT AUTHORIZED SIGNATURES
TOWNSHIP OF COE _______________________
Township Supervisor
_______________________
Township Clerk
CHARTER TOWNSHIP OF MERIDIAN _______________________
Township Supervisor
_______________________
Township Clerk
COUNTY OF INGHAM _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk
COUNTY OF OGEMAW _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk
COUNTY OF WEXFORD _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk
COUNTY OF KALAMAZOO _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk
COUNTY OF ROSCOMMON _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk
COUNTY OF VAN BUREN _______________________
Chairperson, Board of
Commissioners
_______________________
County Clerk