HomeMy WebLinkAboutResolutions - 2006.02.02 - 28125February 2, 2006
Miscellaneous Resolution # 06019
BY: PLANNING & BUILDING COMMITTEE
CHARLES E. PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER
RESOLUTION TO AUTHORIZE CLINTON-OAKLAND SEWAGE
DISPOSAL SYSTEM SOFT WATER LAKE EXTENSION
CONTRACT AND AUTHORIZING NOTICE OF INTENT TO ISSUE
BONDS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Charter Township of Springfield (the "Township") is in urgent need of
sewage disposal facilities constituting a part of the Clinton-Oakland Sewage Disposal System
(the "System") as described in the form of the proposed contract hereinafter mentioned and
designated as the Clinton-Oakland Sewage Disposal System Softwater Lake Extension
(sometimes referred to herein as the "Project"), in order to promote the health and welfare of the
residents thereof, which sewage disposal facilities also would benefit the County and its
residents, and the parties to said proposed contract have concluded that such facilities can be
provided most economically and efficiently by the County through the exercise of the powers
conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342") and Act 34,
Public Acts of Michigan, 2001, as amended ("Act 34"); and
WHEREAS, by the terms of Act 342, the County and the Township are authorized to
enter into a contract for the acquisition and construction of the Project to serve the residents of
the Township and the County, for the payment of the cost thereof by the Township through the
imposition of assessments against properties specially benefiting from the Project; and for the
remittance of such assessments by the Township to the County to satisfy the Township's
obligations under the contract; and
WHEREAS, the County is authorized pursuant to the terms of Act 34 to issue its bonds to
finance the cost of the acquisition and construction of the Project, which bonds will be secured
by such special assessments and the County's full faith and credit pledge; and
WHEREAS, there has been submitted to this Board of Commissioners a proposed
contract between the County, by and through the County Drain Commissioner, County Agency,
party of the first part, and the Township, party of the second part (the "Contract"), which
Contract provides for the acquisition, construction and financing of the Project and which
Contract is hereinafter set forth in full; and
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Molnar and Hatchett absent
WHEREAS, preliminary plans, specifications and estimates of the cost and period of
usefulness of the Project are on file at the office of the Oakland County Drain Commissioner for
review, approval and adoption by the Board of Commissioners; and
WHEREAS, this Board of Commissioners desires to proceed with the Project and the
approval and execution of the Contract to acquire, construct and finance the Project as provided
in the Contract.
THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County,
Michigan, as follows:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY.
This Board of Commissioners by majority vote of its members-elect does hereby approve, under
and pursuant to Act 342, establishment of the Project as part of the System, which shall consist
of (i) the acquisition and construction of the Clinton-Oakland Sewage Disposal System Softwater
Lake Extension, as specified and to be located as shown in Exhibit A to the Contract and (ii) the
services provided thereby; that the Project as part of the System shall serve the residents of the
Township and the County; that the Oakland County Drain Commissioner is hereby designated
and appointed as the "County Agency" for the Project; that the County Agency shall have all the
powers and duties with respect to the Project as are provided by law and especially by Act 342;
and that the County shall proceed to issue its bonds to finance the cost of the acquisition and
construction of the Project pursuant to the provisions of Act 34, which bonds will be secured by
Township special assessments as specified in the Contract and by the full faith and credit pledge
of the County.
2. PLANS AND SPECIFICATIONS — ESTIMATES OF PERIOD OF
USEFULNESS AND COST. The preliminary plans and specifications for the Project and the
estimates of $2,820,000 as the cost thereof and of 30 years and upwards as the period of
usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and
adopted.
3. APPROVAL OF CONTRACT. The Clinton-Oakland Sewage Disposal System
Softwater Lake Extension Contract between the County, by and through the County Drain
Commissioner, party of the first part, and the Township, party of the second part, which Contract
has been submitted to this Board of Commissioners, is hereby approved and adopted, and the
County Drain Commissioner is hereby authorized and directed to execute and deliver the same
for and on behalf of the County, in as many counterparts as may be deemed advisable. The
Contract reads as follows:
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION
CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of February, 2006, by and
between the COUNTY OF OAKLAND, a county corporation in the State of Michigan
(hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner,
County Agency, party of the first part, and the CHARTER TOWNSHIP OF SPRINGFIELD, a
Michigan charter township located in the County (hereinafter sometimes referred to as the
"Township"), party of the second part.
WITNESSETH:
WHEREAS, the Board of Commissioners of the County, by majority vote of its
members-elect, has authorized and directed that there be established a county system of sewage
disposal improvements and services to serve municipalities in the County, said system being
known as the "Clinton-Oakland Sewage Disposal System" (hereinafter sometimes referred to as
the "System"), and has designated the Oakland County Drain Commissioner as the county
agency for the System (said Drain Commissioner being hereinafter sometimes referred to as the
"County Agency"); and
WHEREAS, under and subject to the terms of Act 342, Public Acts of Michigan, 1939,
as amended ("Act 342"), the County is authorized, through the County Agency, to acquire and
construct the sewage disposal facilities hereinafter described to improve and extend the System
(the "Project"), the County and the Township are authorized to enter into a contract, as
hereinafter provided, for the acquisition and construction of the Project by the County, for the
payment of the cost thereof by the Township through the imposition of assessments against
properties specially benefiting from the Project, and for the remittance of such assessments by
the Township to the County to satisfy the Township's obligations under the contract; and
WHEREAS, the County is authorized pursuant to the terms of Act 34, Public Acts of
Michigan, 2001, as amended ("Act 34"), to issue its bonds to finance the cost of the acquisition
and construction of the Project, which bonds will be secured by such special assessments and the
County's full faith and credit pledge; and
WHEREAS, there is an urgent need of such sewage disposal facilities to provide sewage
disposal services to the Township in order to promote the health and welfare of the residents
thereof, which facilities would likewise benefit the County and its residents, and the parties
hereto have concluded that such facilities can be provided and financed most economically and
efficiently by the County through the exercise of the powers conferred by Act 342, especially
section 5 thereof, and Act 34; and
WHEREAS, preliminary plans for the Project and estimates of the cost and period of
usefulness thereof have been prepared, all of which have been submitted to and approved by the
Board of Commissioners of the County and the governing body of the Township and placed on
file with said Board of Commissioners in the office of the County Agency, said estimates being
set forth in Exhibit B attached hereto; and
WHEREAS, in order to provide for the acquisition, construction and financing of the
Project by the County and for other related matters, it is necessary for the parties hereto to enter
into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS
OF EACH OTHER, THE PARTIES HERETO AGREE as follows:
1. The parties hereto approve and agree to the acquisition, construction and
financing of the Project as part of the System, as herein provided, under and pursuant to Act 342
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and approve the designation of "Clinton-Oakland Sewage Disposal System Softwater Lake
Extension" as the name of the Project. The Township by way of compliance with Section 29,
Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and
location of the Project within its corporate boundaries and to the use by the County of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
Project and any improvements, enlargements or extensions thereof, and the Township further
agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will
execute and deliver to the County such grants of easements, rights-of-way, licenses, permits or
consents as may be requested by the County and which the Township may legally provide.
2. The Project shall consist of the sewage disposal facilities as described and
specified in the preliminary plans set forth in Exhibit A, which is attached hereto and is made a
part hereof, and which preliminary plans are on file with the County Agency and are approved
and adopted. The Project shall be acquired and constructed substantially in accordance with said
preliminary plans and in accordance with final plans and specifications to be prepared and
submitted by the consulting engineers, but variations therefrom that do not materially change the
location, capacity or overall design of the Project, and that do not require an increase in the total
estimated cost of the Project, may be permitted on the authority of the County Agency. Other
variations or changes may be made if approved by the County Agency and by resolution of the
governing body of the Township and if provisions required by paragraph 5 hereof are made for
payment of any resulting increase in the total estimated cost. The estimate of the cost of the
Project and the estimate of the period of usefulness thereof are set forth in Exhibit B.
3. The County shall take or cause to be taken all actions required or necessary, in
accordance with Act 34, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to finance the cost of the Project not
paid from other sources; provided, however, that the issuance of such bonds shall be subject to
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the confirmation by the governing body of the Township of a special assessment roll assessing
the cost of the Project to a special assessment district as set forth in paragraphs 6 and 7 hereof
and the expiration of any applicable appeal periods therefor as determined by the County in its
sole discretion. Such bonds shall be issued in anticipation of the special assessments imposed by
the Township and remitted to the County. The bonds also will be secured by a pledge of the full
faith and credit of the County, and will be payable in annual maturities the last of which shall not
be more than thirty years from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project and,
subject to the sale and delivery of bonds, enter into construction contracts with the lowest
responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause
the Project to be constructed within a reasonable time, and do all other things required by this
contract. The County Agency may, in its sole discretion, retain the services of a third-party
engineering firm to perform contract administration of the Project, and payment for such services
shall be part of the cost of the Project. All certificates for required payments to contractors shall
be approved by the consulting engineers before presentation to the County Agency and the latter
shall be entitled to rely on such approval in making payments.
5. Except as otherwise provided herein, in the event that it shall become necessary to
increase the estimated cost of the Project for any reason, or if the actual cost of the Project shall
exceed the estimated cost, whether as the result of variations or changes made in the approved
plans or otherwise, then the County Agency shall not be obligated to pay such increased or
excess cost unless the governing body of the Township shall have adopted the necessary
proceedings approving such increase or excess and agreeing that the same (or such part thereof
as is not available from other sources) shall be defrayed by increased or additional special
assessments to be imposed by the Township and remitted to the County in the manner hereinafter
provided.
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6. The Township shall take or cause to be taken all action required or necessary, in
accordance with Act 188, Public Acts of Michigan, 1954, as amended ("Act 188"), to confirm a
special assessment roll in an amount not less than the entire cost of the Project not defrayed by
grants and funds available from other sources. The special assessments shall be payable in not
more than 20 annual installments, and shall bear interest at a rate equal to 1% above the average
rate of interest borne by the County bonds or such lower rate as approved by the County Agency.
The Township agrees to remit all installments of the special assessments, and all interest thereon
and penalties relating thereto, to the County within 30 days of the Township's receipt thereof.
The Township further agrees to take or cause to be taken all action required or necessary to
collect such special assessments, interest and penalties. The parties hereto acknowledge that the
Township's obligations under this contract are solely to remit installments of the special
assessments, interest and penalties and that the Township is not pledging its full faith and credit
for its obligations under this contract.
7. The parties hereto agree that this contract is an obligation of the Township as
described in section 15c of Act 188 and therefore the requirements of section 3 of Act 188 with
respect to requiring a petition and section 4 of Act 188 with respect to the hearing therein
required shall not apply to the special assessments described herein. For purposes of the
Township's special assessment proceedings, the parties hereto approve (i) the plans for the
Project on file in the offices of the County Agency and the Township Clerk and the description
and location of the Project as set forth in Exhibit A hereto, (ii) $2,820,000 as the total cost of the
Project and the total amount of such cost to be borne by the special assessment district, (iii) the
special assessment district as set forth in Exhibit C hereto, and (iv) 20 years as the term of the
special assessment district's existence. Changes in any of the items set forth in the preceding
sentence are permitted upon appropriate action by the Township pursuant to Act 188 and
approval of the County Agency. It is understood that the legal and administrative costs for
creating the special assessment district, legal review of the contracts, and costs associated with
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legal challenges to the special assessment district are Project costs. The Township shall have the
authority to impose additional special assessments, to pay the costs identified in this paragraph
which are not otherwise paid from bond proceeds. If an additional special assessment is
necessary to pay the costs identified in this paragraph not otherwise covered by bond proceeds,
the Township may retain those additional special assessments required to pay the Township costs
arising from this contract or the project.
7. The County Agency is hereby authorized, but not required, to utilize County
personnel for the administration of the Project. The Township agrees that the Costs (as
hereinafter defined) of and Overhead (as hereinafter defined) for contract administration,
auditing and financial services shall be part of the cost of the Project for purposes of Exhibit B
hereof, whether such services are provided by County personnel or third parties. "Costs" shall be
defined in this paragraph as the labor, including statutory and customary fringe benefits,
overtime, material and supplies, power and utility services, vehicle/equipment rental and
subcontractor services devoted specifically to the Project. "Overhead" shall be defined in this
paragraph to include the following: all allocation of the labor cost, including statutory and
customary fringe benefits, of personnel responsible for administering this contract or supervising
the work performed in connection with this contract; an allocation of expenses of the County
Agency; and an allocation of the indirect cost of the County charged to the County Agency for
support services, such as (but not limited to) legal, personnel, accounting, computer support, and
insurance/risk management.
8. After completion of the Project the operation and maintenance of the Project as
part of the System shall be as determined by the County, including but not limited to the
operation and maintenance of the Project by the Charter Township of Independence if so
determined by the County.
9. It is understood and agreed by the parties hereto that the Project is to serve the
Township and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the Township. The responsibility of requiring
connection to and use of the System shall be that of the Township. The County shall not be
obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof.
10. The County shall have no obligation or responsibility for providing facilities
except as herein expressly provided with respect to the acquisition and construction of the
Project or as otherwise provided by contract. The Township shall have the authority to provide
such other facilities and shall have the right to expand the facilities of the System by constructing
or extending sewers or related facilities, connecting the same to the System, and otherwise
improving the System. It is expressly agreed, nevertheless, that no such connection shall be
made to the System and no improvements, enlargements or extensions thereof shall be made
without first securing a permit therefor from the County. Any such permit may be made
conditional upon inspection and approval of new construction by the County. It is further agreed
that the System shall be used for collection and conveyance of sanitary sewage only and once
built the Township shall take all necessary action to prevent entry into the System of storm
waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the
System or to the public health and safety; however, the Township shall not be required to address
infiltration of storm water that may arise from the negligent design or construction of the System.
11. The parties hereto agree that the costs and expenses of any lawsuits arising
directly or indirectly out of this contract or the construction or financing of the Project, to the
extent that such costs and expenses are chargeable against the County or the County Agency,
shall be deemed to constitute a part of the cost of the Project and shall be paid by the Township
through the imposition of additional special assessments in the same manner as herein provided
with respect to other costs of the Project. In the event of such litigation, the County Agency shall
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consult with the Township and shall retain legal counsel agreeable to the County and the
Township to represent the County; provided that if the County and the Township cannot agree as
to such representation within a reasonable time, the County Agency shall exercise its discretion
as to the retention of such counsel. This paragraph shall not apply to a lawsuit instituted by the
Township to enforce its rights under this contract.
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless
otherwise provided by law or in this contract.
13. In the event that any one or more of the provisions of this contract for any reason
shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof, but this contract shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
14. This contract shall become effective after its execution by each party hereto. This
contract shall terminate thirty (30) years from its date unless terminated earlier by mutual
agreement of the parties hereto in writing. This contract shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. This contract may be
executed in any number of counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
and delivered by their duly authorized officers, all as of the day and year first above written.
COUNTY OF OAKLAND
By:
County Drain Commissioner
(County Agency)
CHARTER TOWNSHIP OF SPRINGFIELD
By:
Supervisor
And:
Clerk
BLOOMFIELD 9007-359 731669vI
Softwater Lake
: ABANDON, EXISTNG AND r.
INSTALL NEW PUMPING STATION
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• PROPOSED.:;
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CLINTON OAKLAND SEWAGE DISPOSAL SYSTEM
SOFTWA TER LAKE EXTENSION
EXHIBIT "A" 500 250 0
11/14
Feet
500 1,000 1,500 ak 1
OAKLAND COUNTY DRAIN COMMISSIONER
John P McCuiloch
$312,000
$673,002
$283,064
$2.820.000
Clinton Oakland Sewage Disposal System
Softwater Lake Extension
Estimate of Probable Cost
1) Contracted Services:
1. 8700 L.F. 6" Forcemain
2. Abandon existing and install new Pump Station
3. Waste Water Treatment Plant Closure
$804,650
$221,200
$266,000
Sub-Total $1,291,850
2) Project Development
Consulting Engineering:
Design $115,284
Construction $11,500
Soil Borings $26,000
Sub-Total $152,784
3) Contracted Services:Project Financing
Bond Counsel $20,000
Financial Consultant $13,000
Official Statement $6,000
Bond Rating Fees $20,000
Bond Advertisement $2,000
Auditor's Consent $4,000
Bond Discount (1.5%) $42,300
Sub-Total $107,300
3) County Services:
Administration $13,000
Engineering $65,000
Right-Of-Way including legal $78,000
Construction Inspection $130,000
Surveying $26,000
Sub-Total
4) Independence Township Connection Fees Sub-Total
5) Contingency (10%) Sub-Total
Estimated of Probable Cost
I hereby certify the period of usefulness of
these facilities to be thirty (30) years and upwards.
By:
Philip Sanzic .E., Chief E gineer
Exhibit B
EXHIBIT "C"
Clinton-Oakland Sewage Disposal System
Softwater Lake Extension
Description of Special Assessment District
Land being located in the Southwest 1/4 of Section 13 and Northwest 1/4 of Section 24, T.4N., R.8E.,
Springfield Township, Oakland County, Michigan, more particularly described as: Beginning at a point
distant N. 88°52'04"E., 1331.41 ft. and N. 00°16'00"W., 694.34 ft. from the West 1/4 corner of said
Section 24, thence from said point of beginning continuing N. 00°16'00"W., 255.00 ft. being the
Southeast corner of "Softwater Lake Condominium" (OCCP #533); thence along the East line of said
Condominium N. 00°16'00"W. (R) 670.88 ft. (R) to the Northeast comer of said Condominium and the
Southeast comer of "Bavaria on the Water Condominium" (OCCP #347); thence N. 00°16'00"W. (R)
165.00 ft. (R) along the East line of "Bavaria on the Water Condominium"; thence N. 31°44'53"E. (R)
230.76 ft. (R) to the most Easterly comer of said Condominium, thence N. 57°29'01"W. (R) 349.04 ft.
(R) to the most Northerly comer of said Condominium, and the Easterly line of Bavarian Village
Apartments; thence Northeasterly 100 ft. + along said Easterly line of Bavarian Village Apartments;
thence Northwesterly 100 ft. + and Northeasterly 200 ft. + to a point located on the Southwesterly Right-
of-Way line of Dixie Highway, thence Northwesterly 693.52 ft. + along said Southwesterly Right-of-Way
line to the most Northerly comer of "Edge of Pines" Condominium (OCCP #1054), thence S.
34°15'20"W. (R) 232.43 ft. (R) to the most Westerly comer of said Condominium and the most Northerly
corner of "Springfield Pines" Condominium (OCCP #232); thence continuing along the Westerly and
Northerly line of said Condominium, Southwesterly 179.39 ft. + and Northwesterly 120 ft. + and
Southwesterly 149.78 ft. + and Southeasterly 206.30 ft. + and 123.04 ft. (R) along a curve to the right (R
= 1353.32 ft. (R) long chord bears S. 25°17'43"E. (R) 122.74 ft. (R)) and Southeasterly 143.47 ft. + to the
Northwesterly line of "Lake Front Manor Condominium" (OCCP #773); thence Southwesterly 400.44
ft. + to the West line of Section 24 and "Springfield Pines" Condominium (OCCP #232); thence South
296.46 ft. + along the West line of Section 24 and said Condominium to the Southwest comer of
"Springfield Pines" Condominium and the Northwest comer of "Softwater Lake Courtyards"
Condominium (OCCP #991); thence continuing South along the West line of Section 24 and said
Condominium 1,088.03 f t. + to the Southwest comer of said Condominium and the Northerly Right-of-
Way line of Interstate Highway 1-75; thence along said Right-of-Way to the point of beginning of this
description.
The above description includes the following Tax Identification (Sidwell) numbers:
U 07-24-101-092
U 07-24-101-093
Edge of Pines (OCCP# 1054) Units 1-15 - Sidwell No: U 07-13-352-001 through -015 incL
Springfield Pines (OCCP# 232) - Sidwell No: U 07-24-101-046 through -063 incL
Bavaria on the Water Condominium (OCCP# 347) - Sidwell No: U 07-24-102-001 through -057 incL
Softwater Lake Condominium (OCCP# 533) - Sidwell No: U 07-24-103-002 through -052 incL
Lake Front Manor Condominium (OCCP# 773) - Sidwell No: U 07-24-104-001 through -011 incL
Softwater Lake Courtyards (OCCP# 991) - Sidwell No: U 07-24-105-001 through -026 incL
JSP/kmb Kimberly Brown's files \IIMParrott.Jef \ SoftWaterCondo'05.020-(10/20/05)
4. NOTICE OF INTENT TO ISSUE BONDS The County Clerk is hereby
instructed to publish the following notice once in a newspaper of general circulation in the
County of Oakland, which notice shall not be less than 1/4 page in size in such newspaper, to wit:
NOTICE OF INTENT TO ISSUE BONDS
BY THE COUNTY OF OAKLAND, MICHIGAN
NOTICE IS HEREBY GIVEN, that the County of Oakland, Michigan, intends to issue
bonds in the aggregate principal amount of not to exceed $2,820,000 for the purpose of defraying
all or part of the cost of acquiring and constructing sewage disposal facilities designated as the
"Clinton-Oakland Sewage Disposal System Softwater Lake Extension" to serve the residents of
the Charter Township of Springfield and the County of Oakland.
The bonds will bear interest from their date at a rate or rates not exceeding 8% per
annum.
The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts
of Michigan, 2001, as amended, and the full faith and credit of the County of Oakland will be
pledged to pay the principal of and interest on the bonds as the same shall become due. It is
expected that the principal of and interest on the bonds will be paid from special assessments
imposed by the Charter Township of Springfield on properties specially benefiting from the
facilities pursuant to a contractual agreement between the Charter Township of Springfield and
the County of Oakland. In addition, the County of Oakland will be obligated, as a first budget
obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable
property within its corporate boundaries to pay the principal of and interest on the bonds as the
same shall become due. Taxes levied by the County of Oakland for the payment of such
principal and interest will be subject to applicable constitutional and statutory limitations.
RIGHT TO PETITION FOR REFERENDUM
This notice is given, by order of the Board of Commissioners of the County of Oakland,
to and for the benefit of the electors of the County of Oakland in order to inform them of their
right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The
bonds will be issued, without submitting such a question to a vote of the electors, unless within
45 days after the date of publication of this notice a petition requesting a referendum upon such
question, signed by not less than 10% or 15,000 of the registered electors residing within the
County of Oakland, whichever is the lesser, shall have been filed with the undersigned County
Clerk. In the event that such a petition is filed, the bonds Will not be issued unless and until the
issuance thereof shall have been approved by the vote of a majority of the electors of the County
of Oakland qualified to vote and voting thereon at a general or special election.
FURTHER INFORMATION
Further information relative to the issuance of said bonds and the subject matter of this
notice may be secured at the office of the Clerk of the County of Oakland, 1200 North Telegraph
Road, Pontiac, Michigan 48341.
This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001,
as amended.
RUTH A. JOHNSON, Clerk
County of Oakland
5. OFFICIAL INTENT. The County hereby declares its official intent to issue its
limited tax general obligation bonds in the aggregate principal amount of not to exceed
$2,820,000 to finance the costs of the acquisition and construction of the Project described in the
aforestated notice and the County hereby declares that it reasonably expects to seek
reimbursement for its advances to the Project as anticipated by this resolution.
6. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMYETEE
FISCAL NOTE (MISC. 106019) February 2, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE CLINTON-OAKLAND
SEWAGE DISPOSAL SYSTEM SOFTWATER LAKE EXTENSION CONTRACT AND
AUTHORIZING NOTICE OF INTENT TO ISSUE BONDS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. This resolution establishes the Clinton-Oakland Sewage
Disposal System Softwater Lake Extension (the "Project")
and authorizes the contract for Oakland County to proceed
with the Project for the Charter Township of Springfield.
2. The Project can be financed most economically and
efficiently by the County through the exercise of the
powers conferred by Act 342, Public Acts of Michigan, 1939,
as amended ("Act 342") and Act 34, Public Acts of Michigan,
2001 as amended ("Act 34").
3. The Project consists of constructing a wastewater system
with facilities constituting part of the system to promote
the public health and welfare of the residents.
4. The estimated cost of the project is $2,820,000 with a 30
year and upward useful life.
5. The Charter Township of Springfield shall pay Oakland
County for the entire cost of the Project not defrayed by
grants or other funds that may become available from the
proceeds of the special assessment district.
6. A separate resolution will be forthcoming requesting
approval of the issuance of the Bonds and Oakland County's
full faith and credit on the Bonds.
7. No County general funds shall be appropriated to this
Project.
FINANCE COMMITTEE
6V-(A-ClT •4e4er%.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Palmer and Crawford absent.
Resolution #06019 February 2, 2006
Moved by Zack supported by Scott the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long,
Melton, Molnar, Nash, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
4.111110•
I HEREBY APPROVE TIE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 February 2, 2006,
with the original 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 2nd day of February, 2006. leziet
R JohnVn, County Clerk