ADOPTED-JANUARY 27, 1998

Agenda Item No. 41





Introduced by the Human Services, Administrative Services/Personnel and Finance Committees of the:



INGHAM COUNTY BOARD OF COMMISSIONERS



At a regular meeting of the Board of Commissioners of the County of Ingham, Michigan, held on the 27th day of January , 1998 , at 7:30 p.m., Eastern Standard Time, in the Ingham County Courthouse in Mason, Michigan there were:



PRESENT: Commissioners Benerno, Czarnecki, Goulet, Grebner, Hunting, Juall, Keefe,



McDonald, Pratt, Schafer, Sims, Smiley and Stid



ABSENT: None



The following preambles and resolution were offered by Commissioner Czarnecki and seconded by Commissioner Grebner .



RESOLUTION TO APPROVE PLANS, COST ESTIMATE,

ESTIMATE OF THE PERIOD OF USEFULNESS

AND LEASE CONTRACT



RESOLUTION #98-19

WHEREAS, there have been prepared and presented to the Board of Commissioners (the "Board") of the County of Ingham, Michigan (the "County"), preliminary plans to construct, furnish, and equip facilities to be used as a Community Mental Health Building (the "Project") , all as more fully described in EXHIBIT A to the Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Ingham County Building Authority (the "Authority") dated as of February 1, 1998 (the "Lease Contract"), pursuant to which the Authority will construct, furnish, and equip the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and lease the Project to the County for a term not to exceed 50 years as permitted by Act 31; and

WHEREAS, it has been estimated that the period of usefulness of the Project to be not less than 25 years and that the total cost of equipping the Project and issuing the Bonds (as defined in the Lease Contract) will not exceed $7,000,000, which will be provided by the proceeds from the sale of bonds by the Authority pursuant to Act 31; and

WHEREAS, the County proposes to undertake the Project and to request the Authority to incur taxable or tax-exempt debt (the "Reimbursement Obligations") to finance all or a portion of the costs of the Project; and





RESOLUTION #98-19



WHEREAS, the County may make certain expenditures for said Project prior to issuance of the Reimbursement obligations and may wish to use the proceeds of the Reimbursement obligations to reimburse all or a portion of said expenditures; and

WHEREAS, it is in the public interest and for the public benefit that the County designate an authorized officer for the purposes of declaring official intent of the County with respect to expenditures; and



WHEREAS, there has been prepared and attached hereto as APPENDIX I a form of Lease Contract and as APPENDIX II a form of notice entitled "NOTICE OF INTENTION OF THE COUNTY OF INGHAM TO ENTER INTO A LEASE CONTRACT WITH THE INGHAM COUNTY BUILDING AUTHORITY AND NOTICE OF RIGHT TO PETITION FOR REFERENDUM THEREON" (the "Notice of Intention").

THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF INGHAM, MICHIGAN, as follows:

1. The preliminary plans and estimates relating to the Project and identified in EXHIBIT A to APPENDIX I hereto are hereby approved and ordered filed with the County Clerk.

2. The Lease Contract in the form of APPENDIX I hereto is hereby approved, and the Chairperson 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. It is hereby determined that the Notice of Intention provides information sufficient to adequately inform the electors and taxpayers of the County of the nature of the contractual obligations to be undertaken by the County in the Lease Contract and of their right under Act 31 to file a petition requesting a referendum election on the Lease Contract.

4. The form and content of the Notice of Intention are hereby approved, and the County Clerk is hereby authorized and directed to cause the Notice of Intention to be published once in the Lansing State Journal, a newspaper of general circulation within the County which is hereby determined to be the newspaper reaching the largest number of electors and taxpayers of the County. The Notice shall be at least one quarter page in size.

5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement.

6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings.







RESOLUTION #98-19



7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Ingham County Controller, which location constitutes the customary location of the records of the Authority which are available to the general public.



8. The Ingham County Clerk is further directed to assure that each declaration of intent is continuously available during normal business hours of the County on every business day of the period beginning the earlier of 10 days after the date of execution of said declaration of intent and ending on the date of issuance of the Reimbursement Bonds.



9. The County Treasurer, County Controller, or Bond Counsel, or any of them, are authorized to execute and submit the Notice of Intent forms required by the State of Michigan, Department of Treasury ("Treasury") to pay the related fee, to request an order providing an exception from prior approval from the Treasury, and to execute and deliver such other documents as may be requested by the Treasury.



A ROLL CALL VOTE WAS TAKEN AS FOLLOWS:



YES: Commissioners Bernero, Czarnecki, Goulet, Grebner, Hunting, Juall, Keefe, McDonald, Pratt, Schafer,Sims, Smiley and Stid



NO: None

ABSTAIN: None



THE RESOLUTION WAS DECLARED ADOPTED.



STATE OF MICHIGAN)

) ss.

COUNTY OF INGHAM)



The undersigned, being the duly qualified and acting Clerk of the County of Ingham, hereby certifies that the foregoing is a true and complete copy of a resolution duly adopted by the Ingham County Board of Commissioners at its regular meeting held on the 27th day of January, 1998, at which meeting a quorum was present and remained throughout and that an original thereof is on file in the records of the County. 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, 1976, as amended, and that minutes of such meeting were kept and will be or have been made available as required thereby.





Ingham County Clerk



DATED: January 28, 1998







HUMAN SERVICES: The Human Services Committee will meet on 1/26/98



ADMINISTRATIVE SERVICES/PERSONNEL: Yeas: McDonald, Grebner, Pratt, Juall

Nays: None Absent: Hunting Approved 1/20/98



FINANCE: Yeas: Keefe, McDonald, Grebner, Czarnecki, Bernero, Schafer

Nays: None Absent: Goulet Approved 1/21/98