HomeMy WebLinkAboutResolutions - 1984.03.08 - 16817March 8, 1984
Miscellaneous Resolution No. 84047
By Anne M. Hobart, Commissioner, District #4
In Re: Authorization of Filing of a Civil Lawsuit
WHEREAS, the County of Oakland operates three sewage disposal districts, the
Southeastern Oakland County Sewage Disposal District, the Evergreen-Farmington Sewage
Disposal District, and the Clinton-Oakland Sewage Disposal District, for the disposal of sanitary
sewage and storm water from the municipalities served by the three districts; and
WHEREAS, the County of Oakland has entered into three separate contracts with the
City of Detroit for the disposal and treatment of the sewage flows originating within these three
sewage disposal districts; and
WHEREAS, the County of Oakland is obligated by law to operate the three above
named sewage disposal districts according to governing law, and pursuant to the terms of the
contracts to which the County is a party; and
WHEREAS, pursuant to such contracts, the City of Detroit has always and continues to
pass through to the County of Oakland a portion of the costs incurred by the City of Detroit in
providing sewage treatment and disposal for the City of Detroit, the three above named Oakland
County Sewage Disposal Districts, and other sewage disposal districts, including a portion of the
costs for sludge and scum hauling and disposal; and
WHEREAS, certain individuals were indicted and convicted in the case of U.S. v.
Beckham, et al., No. 83-CR-60070, in the United States District Court for the Eastern District of
Michigan, for participating in a conspiracy relating to the bribery of a public official employed by
the Detroit Water and Sewerage Department, and the letting of certain sludge and scum hauling
and disposal contracts; and
WHEREAS, the County of Oakland is empowered to take all actions reasonable and
necessary to protect the interests of the County and the three above named sewage disposal
districts pursuant to Act No. 15 of 1941, as amended, and other acts including the filing of
lawsuits; and
WHEREAS, pursuant to the provisions of Miscellaneous Resolution No. 7991 adopted by
the Oakland County Board of Commissioners on June 2, 1977, the County Drain Commissioner was
authorized to represent the interests of the County and the three above named sewage disposal
districts in connection with litigation pending in the United States District Court; and
WHEREAS, the Oakland County Drain Commissioner has heretofore requested the law
firms hereinafter named to commence research and preparation for institution of legal
proceedings as hereinafter described;
NOW, THEREFORE, BE IT RESOLVED that the Oakland County Board of
Commissioners finds and declares that it has duly made all determinations required pursuant to
Act No. 15 of 1941, as amended, and other acts, and that it is in the interest of the County of
Oakland and of the three above named sewage disposal districts to ratify, confirm, approve and
authorize, and hereby does ratify, confirm, approve and authorize the following:
1. Retention of the following attorneys and law firms as special assistant County
attorneys (hereinafter "special counsel") for the purpose of investigating, preparing and
prosecuting against any and all persons and entities any and all claims and causes of action, which
may inure to the benefit of the County and/or the three above named sewage disposal districts,
and which arise out of or relate to sewage treatment and disposal by the City of Detroit:
(1) Philip G. Tannian, P.C.;
(ii) Robert H. Fredericks, 11;
(iii) Sommers, Schwartz, Silver & Schwartz, P.C.;
(iv) Cohen, Gettings, Alper and Dunham; and
(v) Butler, Rubin, Newcomer, Saltarelli & Boyd;
2. Approval of (i) the filing and prosecution of a civil lawsuit in the name of the
County with respect to the three above named sewage disposal districts, in substantially the form
identified and described by special counsel on this date, in the Federal District Court, to recover
damages and other appropriate relief from the City of Detroit and all other appropriate
defendants for all past unlawful charges and conduct, and (ii) the filing and prosecution of such
ancillary lawsuits and other actions as special counsel deems necessary or advisable in connection
therewith;
3. Authorization of the payment by the three above named sewage disposal districts
of all attorney fees and other costs and expenses for preparing, instituting and prosecuting the
civil lawsuit and other ancillary lawsuits and actions identified in Paragraph 2 hereof, including
payment for services heretofore rendered in preparation for such litigation, to the extent such
fees, costs and expenses are approved and authorized by the County Drain Commissioner, and
further authorization of the three above named sewage disposal districts, through the County
Drain Commissioner, to agree upon a sharing of such fees, costs and expenses;
1984
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4. Authorization of the three above named sewage disposal districts through the
County Drain Commissioner to enter into such arrangements as they deem necessary or
appropriate to share such fees, costs and expenses with other units of government;
5. Designation of Philip G. Tannian, under the direction of the County Drain
Commissioner, to coordinate the filing and prosecution of the civil lawsuit identified in Paragraph
2 hereof;
6. Indemnification and holding harmless of all special counsel and attorneys
employed by such law firms against any and all claims, demands, liabilities of whatsoever kind or
nature, judgments and defense costs, including attorneys fees, which any special counsel, including
attorneys employed by such special counsel, may incur in connection with or arising out of any
lawsuit or other action which may be brought against them, or any of them, as a result of the
filing and/or prosecution of the lawsuits and other actions authorized hereby.
Commissioner, District #
I hereby; approve the foregoing resolution.
/
this 8th day of f AiII M-
10011111111 WIL
/UN ALLEN
1984
#84047 March 8, 1984
Moved by Hobart supported by Jackson the resolution be adopted.
Discussion followed.
Ms. Hobart requested George Kuhn and Philip G. Tannion, P.C. be allowed
to address the Board.
Mr. Kuhn and Mr. Tannion addressed the Board and explained the lawsuit.
Discussion followed.
Vote on resolution:
AYES: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, McPherson, Nelson,
Olsen, Page, Perinoff, Pernick, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley,
Fortino, Hobart. (20)
NAYS: Moore, Price. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY or OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that f have compared the annexed copy of
Miscellaneous Resolution 04047 adopted by the Onkland rnlinty Rnard rt_f
Commissioners at their meeting held on MArrh 8 1c184
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
Counify Clerk/Register of Deeds