HomeMy WebLinkAboutResolutions - 1983.12.08 - 11454December 8th, 1983
REPORT
BY: Planning and Building - Anne M. Hobart, Chairperson
IN RE: Resolution #83323, Clinton-Oakland Sewage Disposal
- Pontiac Township, Extension #3
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having again reviewed
Resolution #83323 after negotiations with Pontiac Township officials,
reports with the recommendation that the resolution be adopted with
the following amendments:
Page 3, paragraph 3-h, line 3, delete the words "the principal of"
line 4, delete the words "and the interest
thereon"
line 9, delete the words "prior to maturity"
Page 4, paragraph 6-a, delete the entire subparagraph, add the
sentence "The County's portion of the
project cost shall be $170,000.00, while
the Township's portion shall be the
balance of the project costs."
paragraph 7-a, line 1, delete the word "increases",
insert the words "increase or decrease"
delete the word "amounts", insert the
words "number of units"
line 2, insert the words "or decreased project"
after the word. increased
Page 6, paragraph 10-d,line 2, insert the words "as presently
constituted" after the word property.
Add the following: "The County shall,
however, be responsible for payment
of the applicable per unit capital
charges for the Clinton-Oakland Sewage
Disposal System /based upon current
unit assignments of 34 units for the
Trusty Camp (Average water usage of
10,710 gallons per day/315 gallons
per day) and 16 units for the Animal
Shelter (Average water usage of 5,040
gallons per day/315 gallons per day)
for a total of 50 units./, as well as
any future capital or connection charges
that may become applicable to County
facilities due to increased size or
number of buildings, changes in usage
classification, or increased volume of
effluent leaving the premises."
Page 7, the paragraph following 10-f has been designated 10-g
REPORT - Resolution 483323
December 8th, 1983
Page 2
Page 8, paragraph 17, following the last sentence and before the
closing paragraph add "Upon termination of
the Contract, title to the Extension System
shall be conveyed to the Township by the
County."
MR. CHAIRPERSON, on behalf of the Planning and Building Committee,
I move the acceptance of this foregoing report.
PLANNING AND BUILDING COMMITTEE
Date
November 17th, 1983
Miscellaneous Re-,,ution 83323 .
BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, PONTIAC TOWNSHIP EXTENSION NO. 3
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Cha+rperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is enlarging the Trusty Camp which is located
in the NW.- of Section 3, Pontiac Township; and
WHEREAS the County deems it advisable to construct a---anitary sewer to serve
said property in lieu of constructing and/or enlarging an on-site treatment
facility; and
WHEREAS the Township of Pontiac is considering a contract with the County
entitled "Pontiac Township Extension No. 3, Clinton-Oakland Sewage Disposal
System, Contract for Services" which provides for the acquisition of the facilities
and payments to the County to defray part of the costs thereof.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorize as follows:
1. The "Pontiac Township Extension No 3, Clinton-Oakland Contract for
Services" date is hereby approved and the
County Executive is hereby authorized and directed to execute said
Contractt on behalf of the County of Oakland upon approval of sz:id
Contract by the Township. Said Contract reads as attached.
2. Approves and authorizes the advance of funds in the aggregate principal
amount of $665,000 or such increased or decreased amount as the case may
be because of revislons in the estimated cost of the project, to the
Count ,' -xecutive and Department of Public Works, which will be used to
acquire the facilities in accordance with the Contract date
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the forenoing resolution.
bUILDING COMF.ITTEL
PON C TOWNSHIP EXTENSION NO. 3
CLINTON-0A!".LAND SEWAGE DISPOSAL SYSTEI-
CO—T • CT FOR SERVICES
This Contract was made and entered into as of the day of
, 19 , by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, acting by and through its County Executive and Department of
Public Works, party of the first part, (hereinafter sometimes referred to as the "County" and
the "Department of Public Works"), and the CHARTER TOWNSHIP OF PONTIAC, a
Michigan township corporation located in the County of Oakland (hereinafter referred to as
the "Township"), party of the second part, all in the State of Michigan.
WHEREAS, the County is presently engaged in carrying out proceedings pursuant to
Act No. 94 of the We'gan Public Acts of 1933, as amended, to finance, construct and
operate a sanitary sewer as an extension of the Clinton-Oakland Sewage Disposal System
(herein sometimes called the "System"), a sewage disposal system established by the County
pursuant to Act No. 185 of the Michigan Public Acts of 1957, as amended; and
WHEREAS, the contracts and agreements among the County and the Township and
other units of government in the County pertaining to the Clinton-Oakland Sewage Disposal
System permit the County and the Township to acquire additional sewage disposal facilities
as extensions of and connections to said System within the designated service areas and
districts thereof; and
WHEREAS, the County by ordinance enacted by its Board of Commissioners and by
resolutions duly adopted, pursuant to the powers vested in it under the provisions of Act No.
94, Public Acts of Michigan of 1933, as amended, will establish and finance the acquisition
of the "Pontiac Township Extension No. 3" (hereinafter referred to as the "Extension
System") for the purpose of collecting, transporting and disposing of sanitary sewage
emanating from the areas and in the facilities substantially as shown on Exhibit "A"
hereunto attached and by this reference made a part hereof; and
WHEREAS, in said ordinance and/or resolutions the County Executive and the
Department of Public Works under the County Executive will be appointed the agency of the
County to supervise and control on behalf of the County the construction and financing of
all improvements, facilities and services to be acquired and provided as part of said
Extension System, and the County shall continue the operation and management of the
Clinton-Oakland Sewage Disposal System for the transportation to and treatment of sewage
5y the City of Detroit; and
WHEREAS, the County will obtain maps, plans, designs, specifications and an estimate
of cost for said Extension System (hereinafter sometimes referred to as the "project") to be
prepared by Orchard, Hlitz t3c McCliment, Inc., consulting engineers of Livonia, Michigan,
(hereinafter sometimes referred to as the "Consulting Engineers"), which estimate of cost is
set forth herein as Exhibit "B" attached hereto and by this reference made a part hereof;
and
WHEREAS, under the provisions of Act 94, Public Acts of Michigan of 1933, as
amended, and as authorized by Act No 129 of the Public Acts of Michigan of 1943, as
amended; Act No. 35 of the Public Acts of Michigan of 1951, as amended; and Act No 7 of
the Public Acts of Michigan of 1967 (Extra Session), the aforesaid Township is authorized to
contract as a customer and wholesale user of the Extension System for the payment by the
Township to the County for the services provided by the Extension System, includi: the
cost of construction and maintenance of said project and of any other improvemer!:s and
facilities to be acquired by said Extension System, from funds collected as rates and charges
from the users and beneficiaries of said Extension System; and
WHEREAS, for the purpose of the public health, safety and welfare of the residents of
the said Township and for the general health, safety and welfare of the County of Oakland,
there exists an imperative need for the sewage disposal facilities herein described to collect
and transport and to treat and dispose of sanitary sewage emanating from the areas in the
Township shown on Exhibit "A".
NOW THEREFORE in consideration of the premises and the covenants of each, the
parties hereto agree as follows:
1. The county and the Township approve and confirm the acquisition of said sewage
disposal facilities of and for the Extension System and any other improvements and
extensions of the System, as set forth in the preambles to this contract, and agree that the
same shall be acquired and constructed in the manner provided by and pursuant to this
contract and the maps, plans, designs and specifications therefore. The County and the
Township further hereby approve and adopt the maps, for the project prepared by the
Consulting Engineers and the estimated cost of construction thereof, as described in the
preamble hereto, which said maps and estimate are filed with the Oakland County Board of
Commissioners as attachments to this Contract. The Township hereby expressly agrees to
and permits, by the approval and execution of this Contract, the use of all streets, alleys,
public places and public rights-of-way required for the location, construction and
2
maintenance of the facilities of the Extension System substantially as shown on the maps,
plans and designs therefore, including such temporary use thereof as may be reasonably
necessary or desirable for the construction activities, which permit shall endure for the
useful life of the said facilities.
2. The County agrees to collect sewage emanating in the areas of the Extension
System as shown on Exhibit "A" and to deliver it for sewage treatment by means of the
Clinton-Oakland Sewage Disposal System to the City of Detroit, within the heretofore
established capacity limitations for the System.
3. After execution of this contract by the Township, the County Executive and
Department of Public Works shall take the following steps:
a. File the maps, plans, designs a. for the project as obtained
from the Consulting Engineer with the Oakland County Board of
Commissioners.
b. Submit to the said Board of Commissioners a resolution providing for the
advance of funds in the aggregate principal amount of $665,000.00 (being
the present estimated cost of the project), the principal of the Township's
share of which funds and the interest thereon will be payable solely from
the revenues paid to the County by the Township as customer and
wholesale user of sewage disposal services established and in effect, from
time to time, pursuant to this Contract and the said resolution in respect
to such funds, and providing which advance shall have such p :°c -s for
repayment prior to maturity and other features, permitted by applicable
law, as shall be determined in said resolution. The aggregate principal
amount of the advance to be issued will be increased or decreased, as the
case may be, because revisions in the estimated cost of the project.
c. After the Board of Commissioners of Oakland County has adopted the
resolution, the County Executive and Department of Public Works will take
all necessary procedures to obtain from the State of Michigan, Department
of Natural Resources and the Detroit Water and Sewer Department the
approval necessary for the project, to obtain construction bids for the
project, and to enter into construction contracts with the lowest
responsible bidders.
:3
Extension , a wholesale rate and s in amounts as set forth in paragraph 10-C,
d. Complete the project and operate and maintain the sewage disposal
facilities of the Clinton-Oakland Sewage Disposal System for
transportation and treatment of sewage collected in the Extension System
and render services herein described to the County and the Township for
the term of this Contract
The term "cost" as used herein shall be construed to include the cost of all physical
structures, the acquisit5.,:y1 of all lands, labor and materials necessary to acquire and
construct the Extension System, plant, engineering and legal fees, admininf7a 'nn and
inspection, a reasonable amount for construction contingencies and for reserves, 7nci any
other costs incidental to the acquisition and financing of the project.
4. It is understood and agreed by the parties hereto that the Extension System is to
serve the de3i.eo ,s'e:-.! area in the Township and through the Township to serve its residents
and citizens as individual customers and users. The County shall not be obrigated hy this
contract to serve any area of the Extension System shown on Exhibit "A", or to n.:an...nnn..1,et
any irrinro on -on1'n:: of facilities other than those described in the maps, plans, designs and
specifications approved and adopted by the parties hereto.
5. This Contract is contingent upon the County advancing funds as set forth in
subdivision (b) of paragraph 3 of this Contract, to defray the estimated or, if known, the
actual cost of the project.
6. The Township shall pay to the County, as a customer and wholesale user of the
on account of the funds advanced by the County to finance and acquire said Sys .-
follows:
a. Payments from connection fees of 10096 of principal of and interest at the
rate of 8% per annum on the unpaid balance of the funds advanced by the
County, exclusive of the County's portion of the cost of the project.
7. The Township shall also pay to the County, from time to time, as requested in
writing the following:
a. Any increases in the amounts shown - lph 10-C made -e - by
reason of increased costs of the ExtensiDn .`..'nste me
b. Payments required for erneriJnTnny repairs to or replacement of facilities of
the Extension System.
4
c. Sewage disposal and operation and maintenance costs of the Clinton-
Oakland Sewage Disposal System as established from time to time by the
County.
In addition, the Township has agreed herein, as lessee, to pay or to provide for
payment of general expenses of maintenance of the Extension System and of its operation
and use to provide sewage disposal services in the Township. The Township hereby pledges
its full faith and credit, supported by the pledge of limited taxes only, in support of its
general obligation hereby created to make payments to the County as provided in this
Contract.
8. If the Township does not make the payments herein provided within 30 days after
the due date specified, then there shall be added to such charges a penalty of one per cent
(1%) for each month or fraction thereof for which the same remain unpaid. It is specifically
recognized by the Township that the payments required to be made by it pursuant to Exhibit
"C" of this Contract are to be pledged for the payment of the principal of and interest on
funds to be advanced by the County, and the Township convenants and agrees that it will
make the required payments to said County promptly upon receipt of said connection fees.
The County shall have the right to utilize any method permitted by law for the collection of
such rates and charges due said County under this Contract.
9. In the event that said Township shall fail for any reason to pay the County at the
times specified, the amounts herein required to be paid, the County shall immediately
notify, in writing, both the Treasurer of the State of Michigan and the governing body of the
Township of such default and the amount thereof, and if such default is not corrected within
ten (10) days after such notification, the State Treasurer or other official charged with the
disbursement of funds to said Township derived from the State sales tax levy under the
provisions of Act 167, Public Acts of Michigan, 1933, as amended, and returnable to said
Township pursuant to the Constitution of Michigan, or derived from any other funds payable
by the State to the Township, shall, upon the basis of this Contract and the covenants and
agreements of the Township, withhold sufficient funds to make up any such default or
deficiency from the moneys derived from said State sales tax levy then on hand or to be
received, or other funds in the hands of the State and which are returnable to such
Township.
5
10. Upon completion of the Extension System the County does hereby lease the setee
to the Township to operate ,end maintain the same upon the following terms and condition:
The faci'l ---!es shall be used and operated by the Township in compliance
with all contractual and legal dhl .tt. ..ipns applicable to the Township, and
the Township expressly covenants and agrees to comply with the provisions
of U.S. Public Laws 92-500 and 95-217, the Federal rules and
thereunder, and the rules, regulations and orders of the Ygan
Department of Natural Resources all of which are applicable.
b. The Township, at its own expense, shall maintain said facilities in good
condition and repair to the satisfaction of the County. The County shall
have the right to inspect the said facilities at any time and if said facilities
or any part thereof are not in a state of good condition and repair, then the
County shall notify the Township in writing as to any deficiency. If the
Township shall fail to restore the 'facilities to a good condition and repair
within a reasonable time thereafter, then the County shall have the
to perform the necessary work and furnish the necessary materials, and
reimbursement for any expense incurred by the County shall be made by
the Township to the County within thirty (30) days after the expense has
been incurred.
c. The Township shall adopt and continue in existence and shall enforce an
ordinance or ordinances concerning the connections of premises in the
Township to the facilities which will provide for payment to the Township
of a connection charge of $500.00 per unit from any premises within the
service area as shown on Exhibit "A", and shall pay the County said
connection charge on the first 2,090 units sold, to repay the funds
advanced, as provided in paragraph 6.
d. The Township agrees that the connect i7h charge as pre:Heed in paragraph
10 (c), which applies to County owned property, shall deemed paid
within the County portion of the project cost.
e. The Township shall make and collect from the individual users of the
facilities such charges for s,7•'.`.! ?, disposal service as shall be sufficient to
pay the cost of the operatieh and maintenance of the facilities, the cost of
sewage disposal charges required to be paid by the Township, and to
establish suitable reserves for operatien and ma;eteri--oce., Such charges
may also include an amount d. mined .ee Town=shin meet
the obligations of the Township to the County under this Contract and
a.
other contracts with the County for sewage disposal services and facilities.
The Township shall enforce prompt payment of all such charges as the
same shall become due.
f. The Township shall secure and maintain adequate property damage and
public liability insurance covering all facilities hereby leased to it by the
County. All policies of insurance shall provide that the Township and the
County shall be insured parties thereunder and shall contain a provision
requiring that the County be notified at least ten days prior to cancellation
thereof. One copy of each policy of insurance shall be filed with the
County.
The Township agrees to lease the project from the County upon the foregoing
terms and conditions and for the period of this Contract and agrees to pay the sum of $1.00
per year on January I of each year commencing January 1, 1984, and in addition to perform
its covenants and agreements set forth in this Contract as a rental for said project.
11. The Township reserves the right to establish rates and charges to be collected
from its individual users in an amount sufficient to pay its obligations hereunder and its
expenses of operation and maintenance of the Extension System, as lessee thereof. Such
rates and charges may be fixed and established, from time to time, in such amount as will
produce additional moneys for such Township to be used for any lawful purposes.
12. It shall be the obligation of the County to provide the Clinton-Oakland Sewage
Disposal System to transport sewage to the treatment source but only to the extent of the
capacity limits and other provisions of its agreements pertaining thereto. All direct
connections of private property to said Extension System shall be only by permit obtained
from the Township, as provided by orce or resolution of said Township and upon
payment of a fee or charge as provided in sa:ii Township ordinance. The Township shall not
construct or permit the construction of any sewage treatment plant or facility within the
area of the Extension System, without the approval of the County, which approval shall not
be granted unless the same will have no effect upon the security and repayment of the funds
to be advanced by the County.
13. The County shall have the right to deny the use of the Extension System to the
Township if it shall be delinquent for a period of ninety (90) days in the payment of any rates
and charges due from it or if said Township shall in any other manner be in default under
this contract. The foregoing may be accomplished by any lawful means, while such
delinquency or default continues.
7
14. The Township shall be responsible for the character of the sewage originating
therein and shall comply with the County's standards and regulations controlling the
discharge of industrial and/or commercial type wastes into the Extension System or the
System or the Detroit treatment facilities. If the character of sewage contributed from the
Township shall be such that it imposes an unreasonable additional burden upon any part of
said disoosal systems, then an additional charge shall be made over and above the regular
service charge, or it may be required that such sewage be treated before being emptied into
said disposal systems or the right to empty said sewage into said disposal systems may be
denied, if necessary, for the protection of the public health and safety.
15. The parties hereto further convenant and agree that they will each comply with
their respective duties and obligations under the terms of this Contract promptly, at the
times and in the manner herein set forth.
16. In the event that the Township shall change its corporate status or change its
boundaries by annexation, consolidation, detachment, incorporation or otherwise, it is
understood and agreed that the rights of such Township to services as herein provided for
the area in the Extension System and the obligation of such township to pay therefore
pursuant to this Contract, shall be assets and liabilities, respectively, of such Township to be
divided and assumed in accordance with the law then in effect pertaining thereto.
17. This Contract shall become effective upon proper execution by the authorized
officers of the Township and by the County Executive on behalf of the County, and shall be
binding upon the successors and assigns of each party. This Contract shall terminate fifty
(50) years from the date hereof or upon repayment of the funds owing pursuant to Exhibit
"C", whichever shall occur first. This Contract may be executed in several counterparts.
The charges and rates herein provided shall become and be effective on
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed and delivered by their respective duly authorized officers, all as of the day and
year first above written.
COUNTY OF OAKLAND
on behalf of the Pontiac Township
Extension No. 3 Sewage Disposal System
By:
County Executive
CHARTER TOWNSHIP OF PONTIAC
By:
Supervisor
Township Clerk
And:
8
SERVICE i!I DISTRICT
I I
LIMITS
H-
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I I
II i
i
n
Nate:
in Service Area
100+ Acres
rXHIBIT "A41
CLINTON OAKI...AND ..':,ES.we‘.(yE, DISPOSAL.
)NTIAC.4,
SANITARY :.=> E \Al Ft
RVICE L!T.TRLT
ORC • •fl JUf,TZ
COM()
34935 SCHOOL CRAFT ROAD • LIVONIA, 48150
(313)522-6711 MerIvial E.,Orchard
!oho I. t-ifIlz
William C. McClime
Dzudris Vitins
ORCHARD, H1LTZ & McCL1MENT, INC.
CONSUL TING ENGINEERS
ESTIMATE OF COST
FOR.
CLINTON-OAKLAND SEWAGE DISPOSAL SO
PONTIAC TOWNSHIP EXTENSION NO. 3
640 1.f. 24" Sanitary Sewer @ 45.00 = $ 28,300.00
4330 I.f. 21" Sanitary Sewer 0 40.00 = 173,200.00
1200 1.f. 15" Sanitary Sewer (deep cut) 8 60.00 = 72,000.00
4060 1.f. 15" Sanitary Sewer @ 30.00 = 12 1 ,800.00
34 each Sanitary Manholes 0 1200.00 = 40,300.00
200 1.f. Tunnel I-75 @ 200.00 = 40,000.00
Estimated Construction Cost = $ 476,600.00
Easement Acquisition
Misc. and Permit Fees
Engineering (Plans & Specs.)
Construction. Staking.
Inspection & Project Administration
Soil Parings
Contingencies
TOTAL ESTIMATED COST
85,000.00
4,800.00
41,225.00
9,532.00
30,300.00
6,000.00
11,543.00
$ 665,000.00
#180-03-0110
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OAKLAIsh; ,COUNTY
INTER-DEPARTMENTAL MEMO
Date November 16, 1983
From: Milton W. Handorf Director, Dept. of Public Works
Commissioner Anne Hobart
Subject: Resolution Clinton-Oakland Sewage Disposal System - Pontiac Twp., Ext. No. 3
1 171 0
The following corrections have to be made to the resolution and contract
regarding the Pontiac Township Extension #3 sewage system.
1. Resolution. Since the County is acting on the contract before Pontiac
Township has taken any action on it, the "date" under "Now Therefore
Be It Resolved" has to be deleted under both #1 and #2.
2. Contract. Page 8, paragraph 17, 4th line: a typo was made.
Delete "Exhibit "C"
Replace with "Paragraph 10-C"
MWH/may
S. Shindorf
J. Hays
D. Ringler
To:
CC:
#83323 November 17, 1983
Moved by Hobart supported by Richard Kuhn the resolution be adopted.
Moved by Hobart supported by Moffitt the resolution be amended in
the NOW THEREFORE BE IT RESOLVED paragraph 1 and 2 by deleting "date
also on page 8 of the Contract, paragraph 17, delete the words "Exhibit "C" "
and insert "Paragraph
A sufficient majority having voted therefor, the amendment carried.
The Chairperson referred the resolution, as amended, to the Finance
Committee. There were no objections.
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #83323 - CLINTON-OAKLAND SEWAGE DISPOSAL
SYSTEM, PONTIAC TOWNSHIP EXTENSION NO. 3
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #83323 and finds $665,000 necessary for said project.
Of the $665,000, $170,000 represents County obligation to the project and ;i495,000
the Township of Pontiac and/or City of Auburn Hills portion; said funds to be
appropriated as follows:
APPROPRIATION
Capital Program-Utilities Portion $170,000
General Fund Advance 495,000
$665,000
Due from Township of Pontiac/City of Auburn Hills
Net County Portion
$495,000
$170,000
FINANCE COMMITTEE
8th this December 19 83
•
• ALLEN
Clerk/Register of Deeds
day of
(
Coun
#83323 December 8, 1983
Moved by Hobart supported by Jackson the Planning and Building Committee
report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Hobart supported by Jackson the resolution with Fiscal Note
attached, be adopted.
Moved by Hobart supported by Rewold the amendments recommended by the
Planning and Building Committee be added to the Contract.
A sufficient majority having voted therefor, the amendments carried.
Vote on resolution as amended:
AYES: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt,
Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron,
Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended,
with Fiscal Note attached, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellan eou s Recnllifinn, #83323 .qdr) by the Oakland County Board ol
Commissioners at their meeting held on December 8, 1983 "
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan