HomeMy WebLinkAboutResolutions - 1998.10.28 - 25504October 29, 1998
REPORT (Misc. #98256)
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
RE: SETTLEMENT OF CHARTER TOWNSHIP OF ORION V THE OAKLAND
COUNTY BOARD OF COMMISSIONERS LAWSUIT
TO: The Oakland County Finance Committee
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
resolution on October 20, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance
of the foregoing report.
NG AND BUILDING COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS 'RESOLUTION # 98256 October 29, 1998
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: SETTLEMENT OF CHARTER TOWNSHIP OF ORION v THE OAKLAND COUNTY BOARD OF
COMMISSIONERS LAWSUIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Charter Township of Orion had brought a lawsuit against the
Oakland County Board of Commissioners and the Oakland County Solid Waste Planning
Committee, Oakland County Circuit Court Case number 90-392783-CE; and
WHEREAS In conjunction with this lawsuit, the Charter Township of Orion
withheld the re-payment of monies loaned by Oakland County to the Charter
Township of Orion as outlined in the Host Community Agreement executed on January
31, 1991, between the parties; and
WHEREAS the Charter Township of Orion's lawsuit was dismissed at trial in
1996 by the Circuit Court, this dismissal having subsequently been affirmed by
the Michigan Court of Appeals in 1998; and
WHEREAS in lieu of appealing to the Michigan Supreme Court, the Charter
Township of Orion has agreed to enter into a settlement of the issue; and
WHEREAS the settlement agreement between the Charter Township of Orion and
the Oakland County Board of Commissioners requires the Township to:
• repay to the County all outstanding principal payments owed to the County
to date under the Host Community Agreement underlying this issue (amounting
to $600,000.00),
• pay to the County the interest set forth on the Host Community Agreement's
Payment Schedule (amounting to $135,000.00),
• pay to the County the additional interest imposed on late scheduled payments
(amounting to $43,486.77)
• pay to the County the costs of the attorneys fees incurred by the County in
defending the litigation (amounting to approximately $60,000.00),
for a total payment by the Charter Township of Orion to Oakland County of
$838,486.77; and
WHEREAS upon payment of the settlement amounts, the Charter Township of
Orion will be brought current on the Payment Schedule set forth in Host Community
Agreement, and will forgo any further appeals of this matter and dismiss the
lawsuit with prejudice; and
WHEREAS future payments by the Charter Township of Orion to the County
pursuant to the Host Community Agreement shall resume as dictated by the Host
Community Agreement's Payment Schedule.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the
afore-described settlement agreement with the Charter Township of Orion and
authorizes the Chairperson of the Board to execute such documents as may be
necessary to effectuate this settlement agreement.
Chairperson on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Douglas absent.
4 1/ 7_7
IrOAKLANDr-
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN Gerald D. Poisson, Director 858-0553
DEPARTMENT OF CORPORATION COUNSEL Jody M. McLeod 858-0557
December 2, 1998
Laura S. Amtsbuechler, Esq.
Johnson, Rosanti, LaBarge,
Aseltyne & Field, P.C.
34405 W. Twelve Mile Road
Suite 200
Farmington Hills MI 48331-5627
RE: Charter Twp. Of Orion v OC Board of Commissioners Settlement Agreement
Dear Amtsbuechler:
Please find the original signed and notarized Settlement Agreement for your records that was
endorsed this date. You should have received a faxed copy of same today with the understanding
that the original would be sent to you.
If you should have any questions, please feel free to contact me.
Very truly yours,
OAKLAND COUNTY CORPORATION COUNSEL
Jody M. I*Le6d
Deputy Corporation Counsel
/pgd
Enclosure
cc: (J. P. McCulloch, Chairman BOC (w/enclosure)
Court Tower. West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248)858-0550 • Fax (248) 858-1003
SETTLEMENT AGREEMENT
This Settlement Agreement and Release is entered into this 1st day of December ,
1998, by and between the Charter Township of Orion (hereinafter referred to as "Orion Township")
and The County of Oakland (hereinafter referred to as "Oakland County").
RECITALS
A. Orion Township filed a Complaint against Oakland County in Civil Action No. 84-
284665-0Y and 90-392783-CE in which Waste Management of Michigan. Inc. intervened as a
Defendant. On February 1, 1991. the civil actions were settled by way of a Consent Judgment,
which incorporated a Community Host Agreement.
B. Subsequent to the Consent Judgement, Orion Township filed post-judgment
proceedings requesting specific performance or damages for Oakland County's breach of the Host
Fee Agreement and to prohibit Oakland County from intercepting the Township's share of the
delinquent tax revolving fund distributions.
C. Oakland County filed responsive pleadings denying the allegations of Orion
Township in its post-judgment Motions and requesting repayment of money advanced to Orion
Township under the Host Fee Agreement.
D. The Trial Court entered judgment ordering the Township to repay the County the
money advanced under the Host Fee Agreement pursuant to the terms of the Host Fee Agreement;
the Township appealed the Trial Court's ruling in docket number 198056; the Trial Court was
affirmed, and the Township's Motion for Re-Hearing was denied.
E. The parties to the above-referenced civil action and to this Agreement are desirous
of avoiding future litigation and controversy, and have agreed that Orion Township will pay as
1
ordered in the Circuit Court Judgment to become current on repayment to the County on the Host
Fee Agreement and the Township shall not apply for Leave to Appeal to the Michigan Supreme
Court. The parties have also agreed that Oakland County shall not seek costs, additional interest
or additional attorney fees arising out of the post-judgment proceedings, and accordingly, the parties
enter into this Settlement Agreement and Release for the sole and express purpose of avoiding future
controversy, wishing to avoid the resulting uncertainly of additional appeals which could be made.
F. It is expressly understood and agreed that this Settlement Agreement and Release
shall not be construed as an admission of liability on the part of any party hereto, for the purpose of
this action, or for the purposes of any other action of whatever kind or nature.
AGREEMENT
IT IS HEREBY AGREED. by and between the parties hereto, and in consideration of the
mutual promises contained herein as follows:
1. Orion Township shall not pursue an appeal before the Michigan Supreme Court. and
shall pay Oakland County the amount of $835,950.77 which shall include payment of attorney fees
to Oakland County and bring Orion Township current under the Host Fee Agreement pursuant to
the terms of the judgment of the Trial Court in this matter. Orion Township shall continue making
payments to the County pursuant to the terms of the Trial Court judgment and Host Fee Agreement
which shall be in the amount of $150.000 annually at the rate of 3%.
2. Oakland County hereby agrees that it shall accept the payment of $835,950.77 by
Orion Township as full and final settlement of the amount to bring Orion Township current under
the repayment terms of the Host Fee Agreement and as full and final settlement of the post-judgment
proceedings litigation. Oakland County expressly agrees that it shall not seek costs,additional
interest, or additional attorney fees. arising out of this litigation.
3. This Release shall not bar Oakland County or Orion Township from enforcing the
provisions set forth in this General Release and Settlement Agreement.
4. Oakland County has accepted the payment of the sum specified herein together herein
with the conditions herein stated as a complete compromise of matters involving disputed issues of
law and fact, and the parties assume the risk that the facts or the law may be otherwise than their
belief.
5. The parties agree and understand that this Settlement Agreement and Release is a
compromise of a disputed claim and that payment made and conditions stated herein are not to be
construed as an admission of liability on the part of any of the parties being released by whom all
liability is expressly denied.
6. The parties shall execute any and all supplementary documents and take all
supplementary steps to give full force and effect to the basic terms of this Agreement, specifically
and including all appropriate Stipulations for Dismissal, with prejudice and without costs, interest
or attorney's fees or all aspects of the Oakland County Circuit litigation and Court of Appeals file
which is more fully described in the Recitals hereof.
7. The parties hereto declare and represent that no promise, inducement or agreement
not herein expressed has been made to them and that this Settlement Agreement and Release
contains the entire Agreement between the parties hereto and that the terms of this Release are
contractual and not a mere recital.
8. This Settlement Agreement and Release shall be binding upon and inure to the benefit
of the executors, administrators, assigns and successors in interest of each.
3
Iv)
By: John
Cou
cCulloch"Chairman of Oakland
Board of Commissioners
CHARTER TOWNSHIP OF ORION
C e.4.zu.-
By: Colette M. Dywasuk, Tbwnship Supervisor
Subscribed and swiaprn to before me this /-- day of k4L_, 1998
Notary P6lic, MARY JANE SHIELDS
NOTARY PlaIC - OAKLAND COUNTY, MI My Commission Expires: mycomussio NEM 05/31/2001
COUNTY OF CyAKLAND, MICHIGAN
Subscribed and sworn to before me this
day 1998
6__wiLdZao-ea (-KfaL2E,cr
Notary Public,
My Commission Expires: Alie0/
4 F:\WPDOC\WSIOTAURA\ORION\RELEASEGEN
FORF71701Y(7%, RESOLUTION -fERF7v
In Testimony Whereof, I have hereunto set my ha
County of Oakland at Pontiac, Michigan till's 29
1 and affixed the seal
day of Atober 1998.
of the
ih
G. William Caddell, Deputy County Clerk
Resolution 498256 October 29, 1998
Moved by Douglas supported by Wolf the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by Wolf the resolution be adopted.
Moved by Obrecht supported by Millard the resolution be amended in the
fifth WHEREAS paragraph to reduce the reimbursement for attorney fees incurred
by the County from $60,000 to $30,000.
The Chairperson stated a "YES" vote would amend the resolution to reduce
the reimbursement for attorney fees and a "NO" vote would not.
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Hoffman,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
L. brooks F34,!.arson. County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Deputy 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 October 29, 1998 with the
original record thereof now remaining in my office.