HomeMy WebLinkAboutResolutions - 1990.06.28 - 16855June 28 , 1990 Miscellaneous Resolution # 91114B
BY: PLANNING & BUILDING COMMITTEE,
LARRY CRAKE, CHAIRPERSON
IN RE: DRAIN COMMISSIONER--
RESOLUTION TO AUTHORIZE FINANCING OF SEGMENT 3
OF NORTH HURON VALLEY/ROUGE VALLEY WASTEWATER
CONTROL SYSTEM FACILITIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland has, by acting in
cooperation with the County of Wayne and the local units of
government in the Wayne County Rouge Valley Sewage Disposal
System, acquired capacity in the Rouge Valley System existing
facilities and in additions thereto constructed and to be
constructed by Wayne County under the Wayne County-Oakland
County, Construction, Finance, and Service Agreement dated
February 1, 1988, as amended by an Amendment to the Agreement
dated as of November 1, 1988, and a Second Amendment to the
Agreement dated as of August 1, 1989 (collectively, the
"AGREEMENT"), to which there is submitted herewith a Third Amend-
ment to the AGREEMENT to be dated as of March 6, 1990, including
revised Exhibits E-1, E-2 and E-3 dated May 15, 1990, and
Exhibits F and H dated March 6, 1990 (collectively the
"AMENDMENT"), which AMENDMENT contains changes to provide for the
financing, construction and operation of Segment 3 of the North
Huron Valley/Rouge Valley Wastewater Control System facilities;
and
WHEREAS, the City of Novi (the "OAKLAND LOCAL UNIT") has
approved the AMENDMENT and has authorized the County of Oakland
to approve and adopt the same on its behalf; and
WHEREAS, a Contract has been executed and delivered
between the County of Oakland and the OAKLAND LOCAL UNIT as
related to the AGREEMENT, dated of February 1, 1988, including
revised Exhibits A, B, B-1, B-2 and B-3 thereto (collectively,
the "CONTRACT"), which CONTRACT provides for the acquisition of
capacity in Wayne County and City of Detroit sewage transporta-
tion and treatment facilities pursuant to the AGREEMENT and
allocates capacity and shares of cost of the additional facili-
ties in order to provide additional interceptor and treatment
capacity for the OAKLAND LOCAL UNIT; and
WHEREAS, it now is necessary for Oakland County and the
OAKLAND LOCAL UNIT to approve and adopt revised exhibits B and
B-3 to the CONTRACT, as submitted herewith, which contain changes
consistent with the AMENDMENT; and
WHEREAS, the OAKLAND LOCAL UNIT has approved and adopted
said revised exhibits.
NOW THEREFORE BE IT RESOLVED, by the Board of
Commissioners of Oakland County, Michigan, as follows:
1. The Board of Commissioners does hereby approve and
adopt the AMENDMENT, in substantially the form submitted here-
with, and Exhibit B (Third Revised) and Exhibit B-3 (Revised),
each dated May 23, 1990, to the CONTRACT.
2. The AGREEMENT is hereby so amended and the Oakland
County Drain Commissioner as County Agency is hereby authorized
and directed to execute the AMENDMENT and take such steps as
necessary in order to effectuate the AMENDMENT and to endorse on
Exhibit B (Third Revised) and Exhibit B-3 (Revised) to the
CONTRACT, as attached to this resolution, on behalf of the County
of Oakland, that the same have been approved and adopted.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
NI K6 AND BUILDING COMMITTEE
PMW/09192/0054/AQ5/2
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EXHIBIT B
(THIRD REVISED)
NORTH HURON VALLEY/ROUGE VALLEY
WASTEWATER CONTROL SYSTEM --
OAKLAND COUNTY CONTRACT
City of Novi
Estimate of Costs - Summary
Project Cost Oakland County
Shares Shares Total
Segment 1
Segment 2
Segment 3
$ 8,053,000
1,418,000
928,000
$10,399,000
$ 270,000
207,000
7,000
$ 8,323,000
1,625,000
935,000
$ 484,000 $10,883,000
NOTE: Project Cost Shares are based on figures prepared by Wayne
County, as shown in Third Amendment to Wayne County-
Oakland County Construction, Finance and Service
Agreement, dated March 6, 1990, but do not include
interest costs for project financing. Oakland County
Costs are estimated costs for project managmeent and
preparation and issuance of bonds (See Exhibits B-1, 8-2,
and Revised Exhibit 8-3). All costs are based on receipt
of U.S. EPA Wastewater Facilities Construction Grant for
all Segments at funding level of 55% for eligible portions
of work.
Costs of Sewer System Evaluation Studies and Local Sewer
System Improvements are not included.
The estimated period of usefulness of the facilities is 25
years and upwards.
Dated: 5-23-90
EXHIBIT B-3
(REVISED)
NORTH HURON VALLEY/ROUGE VALLEY
WASTEWATER CONTROL SYSTEM --
OAKLAND COUNTY CONTRACT
City of Novi
Estimate of Costs - Segment 3
PROJECT COST SHARE - Wayne County-Oakland County
Agreement, Third Amendment = $ 928,000.00
OAKLAND COUNTY COSTS:
Legal Counsel 3,000.00
Administration = 2,500.00
Contingency = 1,500.00
TOTAL PROJECT COST - SEGMENT 3 = $ 935,000.00
Credit from Segment 1 & 2 Surplus = 15,000.00
PAYMENT - CITY OF NOVI = $ 920,000.00
Prepared by:
H. James Lueders, P.E.,
Consulting Engineer for
Oakland County Drain Commissioner
Date: 5-23-90
THIRD AMENDMENT TO
WAYNE COUNTY-OAKLAND COUNTY
Construction, Finance and Service Agreement
THIS AGREEMENT, made and entered into as of the 6th day
of March 1990, by and among the COUNTY OF WAYNE, a Michigan
charter county corporation (hereinafter referred to as "Wayne"),
the CITY OF DEARBORN HEIGHTS, the CITY OF GARDEN CITY, the CITY
OF INKSTER, the CITY OF LIVONIA, the CITY OF NORTHVILLE, the CITY
OF PLYMOUTH, the CITY OF ROMULUS, the CITY OF WAYNE, the CITY OF
WESTLAND, the TOWNSHIP OF REDFORD, and the TOWNSHIP OF VAN BUREN,
all Michigan public corporations located in the County of Wayne,
State of Michigan (hereinafter sometimes referred to as the
"Wayne Local Units"), and the COUNTY OF OAKLAND, a Michigan
county corporation (hereinafter referred to as "Oakland"),
representing the CITY OF NOVI, a Michigan public corporation
located in the County of Oakland, State of Michigan (hereinafter
sometimes referred to as the "Oakland Local Unit"). All local
units in Wayne and Oakland are sometimes hereinafter referred to
as the "Local Units", or individually as a "Local Unit".
WITNESSETH:
WHEREAS, the parties hereto have entered into a certain
contract entitled Wayne County-Oakland County Construction,
Finance and Service Agreement (the "Primary Contract") together
with two prior amendments thereto dated November 1, 1983 and
August 1, 1989 (the "Amendments") (collectively the "contract")
for the financing, construction and operation of a wastewater
control system sometimes known as the North Huron Valley-Rouge
Valley System and certain related local improvements as
hereinafter described (the "Facilities"); and
WHEREAS, the Contract contemplated the need for amendments
to provide various details of the parties' agreement for the
construction and financing of segments of the system, when the
program for financing and construction of the Facilities
progressed to the point when such details could be developed; and
WHEREAS, WAYNE has received and accepted or will shortly
receive and accept a federal grant offer for payment of the
eligible portions of the cost of Segment 3 of the Facilities,
including Components 7 and 9 of the Regional Project and sewer
rehabilitation and metering for the Wayne's regional facilities
and local sewer rehabilitation in the Cities of Dearborn Heights,
Inkster, Garden City, Livonia, Northville, Plymouth, Romulus,
Wayne, Westland and the Township of Redford and local sewer
improvements in the Cities of Dearborn Heights, Garden City and
Livonia, all as described in Exhibits F and H dated March 6,
1990, attached hereto, and steps must be taken for the financing
of Segment 3 of the Facilities and the commencement of
construction with very short deadlines having been established
for the initiation of such financing and construction; and
WHEREAS, it is now necessary for the parties to the Contract
to enter into this Third Amendment to the Contract further
amending the Contract to provide necessary details to undertake
the financing, construction and operation of Segment 3 of the
Facilities.
NOW, THEREFORE, in consideration of the premises and the
covenants of each other, the parties hereto agree as follows:
I. All terms in this Third Amendment shall have the same
meanings as provided in the Contract, unless specifically
indicated otherwise.
2. Existing Exhibits F and H and Exhibits E-1, E-2, E-3
dated September 6, 1989 attached to the Second Amendment now
require revision, and the parties hereto agree that such Exhibits
E-1, E-2, E-3, now dated May 15, 1990, and F and H, now dated
March 6, 1990 all attached hereto shall represent the latest
current effective forms of such Exhibits.
3. The contracts for construction of the regional
facilities shall specify completion dates as set forth in
paragraph 3 of the Second Amendment dated August 1, 1989. The
contracts for the construction of local improvements shall
specify completion dates as specified in applicable Consent
Orders as now exist or hereafter may become applicable.
4. All parties hereto obligated to pay costs of the
regional portion of Segment 3 of the Facilities as set forth and
described in Exhibit F dated March 6, 1990, (attached hereto)
have indicated to WAYNE that they will each pay in cash their
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respective shares of such costs as shown on Exhibit E-3 dated May
15, 1990 in the column identified as "Segment 3, Local Share",
and shall pay as provided in the Contract. WAYNE is agreeable to
such cash payments upon the understanding and agreement of all
parties hereto that such cash payments will be made available to
WAYNE in the total amounts shown on Exhibit E-3 dated May 15,
1990 as the respective shares of such parties for the local cost
of NHV/RV Segment 3 no later than November 1, 1990. Such cash
payment shall be made to the Manufacturers National Bank of
Detroit under custodial arrangements similar to those presently
approved. Each local unit shall also secure the necessary funds
to finance the local share of the sewer rehabilitation and local
sewer improvement projects to be undertaken in accordance with
Exhibit H dated March 6, 1990. Such funds may be retained under
the control of the local unit of government for purposes of
making payments for construction and engineering services
associated with the local sewer rehabilitation and local sewer
improvement projects. WAYNE need not serve as the custodian of
the local funds needed to finance these local rehabilitation and
sewer improvement projects, but WAYNE shall assist the local
units in the preparation and submittal of progress payment forms
to U.S. EPA throughout the life of such projects.
5. All parties hereto which have issued or will issue
their own bonds to pay their Segment 3 costs shall, severally and
not jointly, hold Wayne harmless from any loss or liability in
any way related to federal arbitrage requirements.
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6. The parties hereto do hereby authorize their respective
Chief Executive Officers, Mayors, Supervisors, Clerks, Treasurers
and/or other officials, agents and employees to execute any
documents, including but not limited to escrow or custodial
agreements or other required documents and to take all actions
necessary or desirable to implement the Contract and/or this
Third Amendment.
7. Any provisions of the Contract in conflict with the
provisions hereof are to the extent of such conflict hereby
rescinded and repealed, but all other provisions of the Contract
are hereby ratified and confirmed. It being the parties , intent
that their full agreement as to the financing, construction and
operation of the Facilities shall be embodied in the Contract and
this Third Amendment unless and until further supplemented or
amended by further written agreement between the parties.
8. This Third Amendment shall inure to the benefit and he
binding upon the respective parties hereto, their successors and
assigns.
9. This Third Amendment shall become effective upon
approval of the legislative body of Wayne, of Oakland and of each
Local Unit party hereto and when duly executed by the appropriate
Officer or Officers of each such party. This Third Amendment may
be executed in several counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date and year first above
written.
By:
Its
By:
Its
Segment 1
(comp. 1,2,3,4,8)
Segment 2
(comp. la, 5,6)
100.00% $32,448 $21,155 9,129 4,999 $7,782 $4,557 49,359 30,711 27,495 13,175 TOTAL
EXHIBIT [-I
SUMMARY OF ESTIMATED CONSTRUCTION COSTS
BY COMMUNITY
FOR NHV -RV PROJECT AND LOCAL IMPROVEMENTS
(All Dollars In Thousands)
NHV-RV Project Local
Segment 3 Segments 1,2,3 Improvements
(comp. 7,9) (All 9 Components) (from Ex. H)
Community Project Local Project Local Project Local Project Local Project Local
Dearborn Hgts. 19.91 6,460 4,212 1,818 995 1,470 828 9,748 6,035 11,184 5,345
Garden City 0.00 0 0 0 0 0 0 0 0 1,930 927
Inkster 2.13 691 450 195 106 157 89 1,043 645 372 179
Livonia 18.67 6,058 3,950 1,704 933 1,778 1,176 9,540 6,059 5,471 2,626
Northville 3.86 1,252 816 352 195 285 160 1,889 1,171 179 86
Novi 31.08 10,085 6,575 2,837 1,554 2,294 1,292 15,216 9,421 0 0
Plymouth 0.00 0 0 0 0 0 0 0 0 626 300
Redford Twp, 7.88 2,557 1,667 720 394 582 328 3,859 2,389 616 296
Romulus 0.00 0 0 0 0 0 0 0 0 141 68
Van Buren Twp, 2.60 844 550 237 129 192 108 1,273 787 0 0
Wayne 5.25 1,704 1,111 479 262 388 218 2,571 1,591 288 138
Westland 8.62 2,197 1,824 787 431 636 358 4,220 2,613 1,488 714
WAYNE COUNTY 0.00 0 0 0 0 0 0 0 0 5,200 2,496
Construction costs for Segment 1 reflect as-bid prices, actual EPA grant eligibility determinations, executed construction
engineering contracts, and a contingency. For Segments 2 and 3, the construction costs reflect engineer's estimates based on
detailed design along with the proposed engineering contract and a contingency. EPA grant shares for Segment 2 and 3 are estimates.
05/15/90
EXHIBIT E-2
SUMMARY OF ESTIMATED PROJECT COSTS
FOR THE NHV/RV PROJECT
(All Dollars In Thousands)
Segment I Segment 2
(Components 1,2,3,4,8) (Components la,5,6) (Components 7,9)
Segment 3
LOCAL
Milli-RV PROJECT IMPROVEMENTS
Segments 1,2,3
(All 9 Components)
I. Construction Costs
(from Exhibit E-1)
2. FIFA Payback
3. Land Aquisltion
4. Engineering Costs
Beyond Cash Advance
5. Force Account
Project Local Project Local Project Local Project Local Project Local
$32,448 $21,155 $9,129 $4,999 $7,782 $4,557 $49,359 $30,711 $27,495 $13,175
648 648 0 0 0 0 648 648 0 0
1,100 1,100 0 0 100 100 1,200 1,200 0 0
2,500 2,500 0 0 (1,400) (1,400) 1,100 1,100 0 0
106 54 39 17 136 128 281 199 0 0
Total $36,802 $25,457 $9,168 $5,016 $6,618 $3,385 $52,588 $33,858 $27,495 $13,175
*
Funds Already Oellvered 25,913 456
I
456
Funds Due 4,560
Funds previously delivered under Segment 1.
05/15/90
05/15/90 111,184 $5,345
EXHIBIT E-3
SUMMARY OF ESTIMATED PROJECT COSTS BY COMMUNITY
FOR THE NIIV/RV PROJECT
(All Dollars In Thousands)
TOTAL
LOCAL LOCAL
NHViRV PROJECT IMPROVEMENTS SHARE
Segmeet I Segment 2 Segment 3 Segments 1 02,3
(comp. 1,2,3,4,8) (comp. 100,6) (comp. 7/l9) (All 9 Components) (From Ex, H)
Community % Project Local Project Local Project Luca) Project Local Project Local
Dearborn Hgts. 19.91 17,327 $5,159 $1,825 1908 $1,239 $ 594 110,391 16,661 $11,184 $5,345 $12,006
Garden City 0.00 0 0 0 0 0 0 0 0 1,930 927 927
Inkster 2.13 784 552 195 97 132 64 1,111 713 372 179 892
Livonia 18.67 6,871 4,839 1,712 852 1,560 957 10,143 3 6,648 3
5,471 2,626 9,274
Northville 3.86 1,421 1,001 354 176 240 115 2,015 1,292 179 86 1,378
Novl 31.08 11,438 8,053 2,850 1,418 1,933 928 16,221 10,399 0 0 10,399
Plymouth 0.00 0 0 0 0 0 0 0 0 626 300 300
Redford Twp. 7.88 2,900 2,042 723 359 490 235 4,113 2,636 616 296 2,932
Romulus 0.00 0 0 0 0 0 0 0 0 141 68 68
Van Buren Twp, 2.60 957 673 238 119 162 78 1,357 870 0 0 870
Wayne 5.25 1,932 1,360 481 239 326 157 2,739 1,756 288 138 1,894
Westland 8.62 3,172 2,234 790 392 536 257 4,498 2,883 1,488 714 3,597
WAYNE COUNTY 0.00 0 0 0 0 0 0 0 0 5,200 2,496 2,496
TOTAL 100.00% 136,802 125,913 1 $9,168 $4,5602
16,618 13,385 $52,588 133,858 127,495 113,175 147,033
'Segment 1 funds already provlded. 3 IncIudes additional $400,000 tor Local Costs of Component 7
2Segment 2 funds due. 4 Segment 3 Costs are $2,642 (project); $1,268 (local)
Segment 2 Costs are: $8,542 (project); 14,077 (local)
, EXHIBIT F
PROJECT DESCRIPTION
NORTH HURON VALLEY - ROUGE VALLEY
WASTEWATER CONTROL SYSTEM
The North Huron Valley - Rouge Valley Wastewater Control
System Project consists of the construction of interceptor
transport facilities arranged in eight components. Based
upon available grant funding for construction, the compon-
ents are arranged into three segments for construction.
The segments are shown on page F-4 and described below,
with the routing being preliminary and subject to adjust-
ment during final design tasks.
SEGMENT 1 (FY 1987 FUNDS)
1. Component 1 - Master Control Interceptor
The interceptor commences at a connection to the
existing Detroit Northwest Interceptor in the neigh-
borhood of Ford Road and Southfield, thence parallel
to Ford Road and terminates approximately 500 feet
west of the existing Master Control structure, located
west of Evergreen and Ford Roads on the RVIS.
2. Component 2 - Middle Rouge Interceptor from Master
Control to Telegraph
The interceptor commences at the terminus of Component
1, parallels the existing RVIS and terminates at the
existing Redford Arm Interceptor connection to the
RVIS at Telegraph Road.
3. Component 3 - Middle Rouge Interceptor from Telegraph
to Inkster
The interceptor commences at the terminus of Component
2 parallels the existing RVIS and terminates at the
existing Inkster Arm Interceptor connection to the
existing RVIS at Inkster Road.
4. Component 4 - Middle Rouge Interceptor from Inkster to
Merriman
The interceptor commences at the terminus of Component
3, parallels the existing RVIS and terminates at
Merriman Road.
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03/06/90
5. Component 8 - Detroit Improvements
8A. Evergreen - Farmington Permanent Connection
The interceptor commences with a connection to the
existing First Hamilton Interceptor at Seven Mile and
San Juan thence north in San Juan, thence west in
Outer Drive, thence west in Vassar Drive, thence
northwest in James Couzens, thence west in St.
Martins, thence north in Oakfield and terminating at a
connection to the existing interceptor in Eight Mile
Road,
8B. Diversion Structure
The diversion structure, located at Fourth and Myrtle,
will interconnect the existing First Hamilton Inter-
ceptor to the existing North Interceptor - East Arm.
8C, Control Gate Modification
A control gate on the Detroit River Interceptor will
be modified to complete the Evergreen-Farmington flow
shifting.
SEGMENT 2
Regional NFIV/RV Improvements
1. Component 5A - Middle Rouge Interceptor From
Farmington To Newburg Road
The interceptor commences at Farmington Road,
parallels the existing RVIS along the Middle Rouge
River and terminates at Newburg Road
2. Component 5B - Middle Rouge Interceptor From Newburg
Road to Hannan Road (Extended)
The interceptor commences at Newburg Road parallels
the existing RVIS along the Middle Rouge River and
terminates at Hannan Road (Extended).
3. Component 6 - North Arm - Wayne County
The interceptor commences at Haggerty Road, thence
north and west along E.N. Hines Drive and terminates
200 feet east of the intersection of Wilcox Road and
E.N. Hines Drive in Plymouth Township.
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03/06/90
4. Component lA - Pumps/Flow Control Facility
Pumps, electrical apparatus and other appurtenances to
the Flow Control Facility located near the downstream
connection point to the City of Detroit system.
Local Improvements
5. Dearborn Heights Sewer Relief
Relief Sewer within Dearborn Heights along Beech Daly
Road between the Wayne County Interceptor and Wilson
Street.
SEGMENT 3 (FY 1989 FUNDS)
Regional NAV/RV Improvements
1. Component 7 - Inkster Arm Storage
A 2.2 million gallon underground storage facility
located southwest of the intersection of Five Mile and
Inkster Roads at Oakley Street.
2. Component 9 - Van Born & Michigan Avenue Interceptor
The interceptor commences at the intersection of Van
'Born and Hannan Road running parallel to Van Born Road
easterly for 3,950 feet. Then the interceptor runs
northerly to the Lower Rouge Interceptor approximately
1,420 feet west of the C&O Railroad.
Local Improvements
3. Local sewer Rehabilitation for I/I Removal in
Dearborn Heights, Garden City, Inkster, Livonia,
Northville, Plymouth, Redford Township, Romulus, Wayne
and Westland.
4. Wayne County Interceptor Rehabilitation
Removal of excessive infiltration and inflow on the
Wayne County Regional Interceptor in accordance with
the approved Sewer System Evaluation Survey.
5. Local Sewer Improvements in Dearborn Heights, Garden
City, and Livonia.
Dearborn Heights: Warren Road Relief
Garden City: Maplewood/Florence Improvements
Livonia: Six Mile Relief
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0 3/0 6/90
6. Wayne County Metering and Regulator Adjustments
Installation of metering devices at various locations,
and the re-setting of regulators in accordance with
the approved Basis of Design.
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03/06/90
Dearborn Heights
Livonia
Garden City
$11,458,000
2,105,000
1,001,000
—$ 5,500,000
1,010,000
481,000
EXHIBIT H
LOCAL IMPROVEMENTS TO BE
CONSTRUCTED CONCURRENT WITH THE REGIONAL PROJECT
Community
A. SEWER REHABILITATION
Estimated Estimated
Cost Local Share
Dearborn Heights $ 625,000 $ 300,000
Garden City 929,000 446,000
Inkster 372,000 179,000
Livonia 3,366,000 1,616,000
Redford Township 616,000 296,000
Westland 1,488,000 714,000
Northville 179,000 86,000
Romulus 141,000 68,000
Wayne 288,000 138,000
Plymouth 626,000 300,000
Wayne County Interceptor 1,794,000 861,000
10,424,000 5,004,000
B. SEWER RELIEF
$14,564,000 $ 6,991,000
C. WAYNE COUNTY METERING AND REGULATORS
Wayne County Interceptor $ 3,406,000 $ 1,635,000
Costs include local post project performance monitoring and
certification.
03/06/90
Resolution # 90148 dune 28, 1990
Moved by Crake supported by Calandro the resolution be adopted.
AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen,
Johnson, R, Kuhn, Law, Luxon, McConnell, Moffitt. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 dune 28, 1990
with the on 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 28th day of June_.„ . 19 90
Lynn D.ATien, County Clerk