HomeMy WebLinkAboutMinutes - 1990.10.11 - 7178OAKLAND COUNTY
Board Of Commissioners
MEETING
October 11, 1990
Meeting called to order at 9:58 A.M. by Chairperson Roy Rewold in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan,
Roll Called.
PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, Richard Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Price, Rewold, Skarritt, Wolf. (25)
ABSENT: Susan Kuhn, McCulloch. (2)
Quorum present.
Invocation given by Commissioner Madeline Luxon.
Pledge of Allegiance to the Flag.
Moved by Pernick supported by Olsen the minutes of the September 27, 1990 meeting be
approved as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Olsen supported by Skarritt the agenda be amended and the Rules suspended for the
following: (Waive Rule XI F - Direct Referral to Finance Committee)
ITEMS ALREADY ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE:
d. Drain Commissioner - Jensen Drain, Full Faith and Credit Bonds
e. Drain Commissioner - Bonds to Defray Evergreen-Farmington Sewage Disposal System -
Lathrup Village
f. Drain Commissioner - Bonds to Defray Evergreen-Farmington SOS Pollution Control
Facilities - Amy Relief Sewers
g. Drain Commissioner - Bonds to Defray Evergreen-Farmington SOS Permanent Meter
Installation & Interceptor Rehabilitation
h. Drain Commissioner - Bonds to Defray Evergreen-Farmington SDA Pollution Control
Facilities, Seg. I and II Improvements
A sufficient majority having voted therefor, the motion to suspend the rules and amend the
agenda carried.
Vote on Agenda as amended:
A sufficient majority having voted therefor, the Agenda, as amended, was approved.
The Chairperson made the following statement: "At ths time a Public Hearing is now held
on the 1990 Tax Rates. Notice of the Public Hearing was published in the Oakland Press on October
1, 1990. Are there any persons present that wish to speak at the Public Hearing?"
No persons requested to speak and the Public Hearing was declared closed.
342
The following persons addressed the Board: Lisa McWilliams, Rosemary Kellar Clark, Marilyn
Burton-Ristau, Larry Barton and Carolyn Peyser.
343
Commissioners Minutes Continued. October 11, 1990
Misc. 90237
By Finance Committee
IN RE: 1990 COUNTY GENERAL FUND PROPERTY TAX AND PARKS & RECREATION TAX RATES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County has a fixed millage tax rate of 5.26 mills and a voted .25 mill
for Parks & Recreation; and
WHEREAS the Huron-Clinton Authority has requested the County to apportion a .25 mill
property tax rate; and
WHEREAS application of the compound millage rollback acquired by Article 9, Section 31, of
the Michigan Constitution, the Headlee Tax Limitation Amendment, results in the maximum allowable
County tax rate of 4.5720 mills, a Parks & Recreation maximum allowable tax rate of .2173 mill and a
Huron-Clinton Authority maximum allowable tax rate of .2292 mill; and
WHEREAS Public Act 5 of 1982, "Truth in Taxation" Act, requires the County Board of
Commissioners to hold a public hearing if the recommended property tax rate exceeds the adjusted
Base Tax Rate of 4.2581 mills; and
WHEREAS the County Executive recommends that the County tax rate be set at 4.5720 mills,
.0671 mills lower than the 1989 County tax rate; and
WHEREAS the Finance Committee recommends that the 1990 County General Fund Property Tax
rate be set at 4.5720 mills, the maximum allowable tax rate; the Oakland County Parks & Recreation
Tax rate be set at .2173 mill, the maximum allowable tax rate; and the Huron-Clinton Park Authority
tax rate be set at .2292 mill, the maximum allowable tax rate ., and
WHEREAS $117,802,085 is the amount of the 1991 County General Fund Budget to be raised by
taxation based on the 1989 Equalized Valuation of $25,765,985,374 at the recommended tax rate of
4.5720 mills, together with the voted .2173 mill •for Parks & Recreation of $5,598,949 and the .2292
mill for the Huron-Clinton Authority of $5,905,564; and
WHEREAS a sum not to exceed $350,000 from the General Fund Tax Levy will be recommended
with adoption of the 1991 General Appropriations Act to supplement the Tax Tribunal Appeals
Designated Fund Balance previously established to provide for several significant outstanding tax
appeals.
NOW THEREFORE BE IT RESOLVED Oakland County Board of Commissioners authorizes and directs
that each Supervisor of the various townships and Assessing Officers of the several cities of
Oakland County spread on their respective township or city tax rolls for the year 1990 the following
tax rates to be applied to their 1989 equalized valuation:
1990 County Voted for Huron-Clinton
General Property Tax Levy Parks & Recreation Park Authority
4.5720 Mills .2173 Mill .2292 Mill
Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Olsen the resolution be adopted.
Moved by Olsen supported by Gosling the resolution be amended in the NOW THEREFORE BE IT
RESOLVED paragraph following "of the cities of Oakland County" - add "reduce the current County tax
millage rate from 4.6391 to 4.5720, and further direct them to" spread.....
A sufficient majority having voted therefor, the amendment carried.
Moved by Aaron supported by McPherson the resolution be further amended as follows: "the
1990 General Property Tax Levy be set at 4.2581 mills and the adjusted tax rate under the Truth in
Taxation Act."
AYES: Aaron, Ferrens, Luxon, McPherson, Oaks, Pernick, Price. (7)
NAYS: Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, McConnell, Moffitt, Pappageorge, Rewold, Skarritt, Wolf. (16)
A sufficient majority NOT having voted therefor, the amendment failed.
Vote on resolution as amended:
AYES: Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, Moffitt, Pappageorge, Rewold, Skarritt, Wolf. (15)
NAYS: Ferrens, Luxon, McPherson, Pernick, Aaron. (5)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. October 11, 1990 344
Misc. 90238
By Finance Committee
IN RE: Central Services - Parks and Recreation - ADDISON OAKS ACQUISITION GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution 89105, the Oakland County Parks and
Recreation Commission applied to the Department of Natural Resources Natural Trust Fund (MNRTF) for
funds to acquire 139 acres of land for preservation and future expansion; and
WHEREAS MNRTF has awarded the sum of money equal to 75% of the total cost, not to exceed
$307,500 with Oakland County Parks and Recreation's share being $102,500 for a total grant of
$410,000; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and
WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to
legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant in an amount not to exceed $307,500.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the
grant agreement and to approve amendments to the agreement,up to (15) fifteen percent variance from
the original award which are consistent with the agreement as approved.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Report to the Finance Committee
By Planning and Building Committee
IN RE: Central Services - Parks and Recreation - ADDISON OAKS ACQUISITION GRANT
The Planning and Building Committee has reviewed the proposed grant and finds:
1) Oakland County Parks and Recreation is the recipient of funding from the Department of.
Natural Resources Natural Resources Trust Fund (MNRTF) for purchase of 139 acres of land adjacent to
the park on a twenty-five (25) percent matching basis in a maximum obligation of $102,500 of the
total project cost of $410,000.
2) The project consists of the purchase of land for preservation and future expansion.
3) The County's match is funded from the Oakland County Parks and Recreation Commission
1/4 millage passed in 1990.
4) The Parks and Recreation Commission has reviewed and approved the development grant
subject to ratification by the Oakland County Board of Commissioners and believe it to be in the
County's interest to accept the grant.
5) This is not an ongoing grant and will not obligate the County to further commitments.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Caddell supported by Huntoon the resolution be adopted.
Moved by Caddell supported by Johnson the Planning and Building Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Vote on resolution:
AYES: Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, Luxon, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron,
Bishop. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90239
By Finance Committee
IN RE: Central Services - Parks and Recreation - LYON ROOKERY ACQUISITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Oakland County Parks and
Recreation Commission applied to the Department of Natural Resources Natural Trust Fund (MNRTF) for
funds to acquire and preserve 768 acres of land in Lyon Township; and
WHEREAS MNRTF has awarded the sum of money equal to 67% of the total cost, not to exceed
$1,000,000 with Oakland County Parks and Recreation's share being $500,000 for a total project of
$1,500,000; and
345
Commissioners Minutes Continued. October 11, 1990
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and • •
WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to
legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant in n amount not to exceed $1,000,000.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the
9 ant agreement and to approve amendments to the agreement up to (15) fifteen percent variance from
the original award which are consistent with the agreement as approved.
Mr. Chairperson, on behalf of the Finance Commtitee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Report to the Finance Committee
By Planning and Building Committee
IN RE: Central Services - Parks and Recreation - LYON ROOKERY ACQUISITION
The Planning and Building Committee has reviewed the proposed grant and finds:
1) Oakland County Parks and Recreation is the recipient of funding from the Department of
Natural Resources Natural Resources Trust Fund (MNRTF) for the acquisition of 768 acres of land on a
thirty-three (33) percent matching basis in a maximum obligation of $500,000 of the total project
cost of $1,500,000.
2) The project consists of the purchase and preservation of meadows, woodlands and
wetlands in Lyon Township.
3) The County's match is funded from the Oakland County Parks and Recreation Commission
114 millage passed in 1990.
4) The Parks and Recreation Commission has reviewed and approved the development grant
subject to ratification by the Oakland County Board of Commissioners and believe it to be in the
County's interest to accept the grant.
5) This is not an ongoing grant and will not obligate the County to further commitments.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Caddell supported by Richard Kuhn the Planning and Building Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Richard Kuhn the resolution be adopted.
AYES: Calandro, Chester, Crake, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, McConnell,
McPherson, Moffitt, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90240
By Finance Committee
IN RE: Central Services - Parks and Recreation - ORION OAKS BEACH DEVELOPMENT GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89I05, the Oakland County Parks and
Recreation Commission applied to the Department of Natural Resources Natural Trust Fund (MNRTF) for
funds to construct a beach facility; and
WHEREAS MNRTF has awarded the sum of money equal to 75% of the total cost, not to exceed
$195,000 with Oakland County Parks and Recreation's share being $65,000 for a total grant of
$260,000; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and
WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to
legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant in an amount not to exceed $195,000.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the
grant agreement and to approve amendments to the agreement up to (15) fifteen percent variance from
the original award which are consistent with the agreement as approved.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Commissioners Minutes Continued. October 11, 1990 346
Report to the Finance Committee
By Planning and Building Committee
IN RE: Central Services - Parks and Recreation - ORION OAKS BEACH DEVELOPMENT GRANT
The Planning and Building Committee has reviewed the proposed grant and finds:
1) Oakland County Parks and Recreation is the recipient of funding from the Department of
Natural Resources Natural Resources Trust Fund (MNRTF) for the construction of a beach facility on a
twenty-five (25) percent matching basis in a maximum obligation of $65,000 of the total project cost
of $260,000.
2) The development project consists of the construction of a beach facility and roadways,
installation of docks and shelters, and landscape and plant restoration.
3) The County's match is funded from the Oakland County Parks and Recreation Commission
1/4 millage passed in 1990.
4) The Parks and Recreation Commission has reviewed and approved the development grant
subject to ratification by the Oakland County Board of Commissioners and believe it to be in the
County's interest to accept the grant.
5) This is not an ongoing grant and will not obligate the County to further commitments.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance
' of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Moved by Caddell supported by Richard Kuhn the Planning and Building Committee Report be
. accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Crake the resolution be adopted.
AYES: Chester, Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, Luxon, McConnell,
McPherson, Moffitt, Pappageorge, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro.
(20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90241
By Finance Committee
IN RE: Circuit Court/Friend of the Court - VOICE RESPONSE UNIT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a Voice Response Unit was requested by the Friend of the Court to assist in
handling over 70,000 phone calls the division receives each year; and
WHEREAS a Voice Response Unit would also be needed to implement electronic fund transfer
which would eliminate the processing of over 1,500 checks per day; and
WHEREAS funding for a Voice Response Unit in the amount of $90,000 was approved on
December 14, 1989, by the Board of Commissioners in the 1990-1991 Adopted Biennial Budget; and
WHEREAS a Voice Response Unit was also approved for $90,000 in the 1990 Cooperative
Reimbursement Program Contract so long as the funds are expended by December 31, 1990; and
WHEREAS the Computer Users Advisory Committee (CUAC) approved the purchase of a Voice
Response Unit on September 25, 1990.
NOW THEREFORE BE IT RESOLVED the following amendments be made to the 1990 Adopted Budget
as follows:
Friend of the Court
4-21500-312-01-00-3127 Budgeted Projects
4-21500-312-01-00-6360 Computer Svs.-Operations
$ (90,000)
90,000
$ -0-
Computer Services
3-63600-181-01-00-2037 Budgeted Revenue
4-63600-183-01-00-3340 Equipment
$ 90,000
90,000
$ -0-
BE IT FURTHER RESOLVED that six months after implementation, the Computer Users Advisory
Committee report back to the Finance Committee their findings on the Voice Response System.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Crake the resolution be adopted.
347
Commissioners Minutes Continued. October 11, 1990
AYES: Crake, Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, Luxon, McConnell,, McPherson,
Moffitt, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90242
By Finance Committee
IN RE: Drain Commissioner - CONSOLIDATION OF REVOLVING FUNDS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there currently exists a Drain Revolving Fund, a Lake Improvement Revolving Fund,
a Lake Level Advance Fund, and a Dam Replacement Revolving Fund which were established for Drain
Commissioner projects; and
WHEREAS each fund represents a particular type of activity and was created to finance
project expenses which are repaid with assessment revenue; and
WHEREAS depending on the level of activity, some of these funds can experience a negative
cash balance while the others maintain a positive cash balance; and
WHEREAS consolidating these funds would maintain an overall positive cash balance in one
fund, as well as provide more flexibility to the Drain Commissioner and reduce the number of
financial reports; and
WHEREAS the aggregate funding level authorized by the Board of Commissioners for all four
funds is $1,325,000.
WHEREAS present authorizing requirements specified in Miscellaneous Resolution #86131 will
continue, i.e., funding to pay for the initial costs of repair, reconstruction, or replacement of
dams shall be authorized by resolution of the Board of Commissioners for proceedings under the
Inland Lake Level Act, repayments to be made by special assessment against the property owners or
municipalities in the assessment district established pursuant to the statute.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
consolidation of the Drain Revolving Fund, the Lake Improvement Revolving Fund, the Lake Level
Advance Fund, and the Dam Replacement Fund and authorizes the transfer from each fund of the
existing assets, liabilities, and fund equity into the consolidated fund.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Johnson the resolution be adopted.
AYES: Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt,
Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra,
Chester, Crake. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 90243)
By Personnel Committee
IN RE: Department of Institutional and Human Services/CMH - GERIATRIC OUTPATIENT SERVICES EXPANSION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 90243
By Finance Committee
IN RE: Department of Institutional and Human Services/Community Mental Health - GERIATRIC
OUTPATIENT SERVICES EXPANSION
To the Oakland County Board of Commissioners
Mr. Cha -rrperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Community Mental Health Board
applied to the Michigan Department of Mental Health for 69 separate program enhancement requests;
and
WHEREAS one request was to expand Geriatric Mental Health Services to provide "active
treatment" services in nursing homes as mandated by Omnibus Budget Reconciliation Act (0.B.R.A.)
evaluation procedures; and
Commissioners Minutes Continued. October 11, 1990 348
WHEREAS the annual cost of this expansion equals $589,846, of which $476,867 is the State
match, $59,994 is Federal Medicaid and $52,985 is County contribution; and
WHEREAS the cost for the balance of 1990 equals $164,309 of which $133,090 is State match,
$16,431 is Federal Medicaid, and $14,788 is County contribution; and
WHEREAS funds are available in the 1990 Community Mental Health budget to cover that
portion of the cost, the 1991 expansion will be built into the 1991 Executive Recommended Budget
Amendments; and
WHEREAS ten (10) additional governmental funded positions are required to facilitate this
expansion, requiring the approval of the Personnel Committee; and
WHEREAS this expansion includes additional computer equipment (one PC), which has received
CUAC approval; and
WHEREAS acceptance of this program does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Geriatric Outpatient Services Expansion as approved by the Michigan Department of Mental Health.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners create ten (10)
governmental funded positions within the Geriatric Services Unit (#166-36) of the Community Mental
Health Division as follows:
(1) Staff Psychiatrist (1) Office Leader
(1) Casework Supervisor (1) Clerk III
(5) Mental Health Clinician (1) Typist I
BE IT FURTHER RESOLVED that position continuation be dependent upon sufficient state funds
to cover their portion of the personnel cost.
BE IT FURTHER RESOLVED that the following amendments to the 1990 Community Mental Health
Budget be made:
Revenue
3-22200-166-01-00-2589 State Matching Payments $133,090
3-22200-166-01-00-2528 Reimbursement Medicaid 16,431
$149,521
Expenses
4-22200-166-36-00-1001 Salaries $ 80,560
4-22200-166-36-00-2070 Fringe Benefits - 32,423
4-22200-166-36-00-3041 Clinical Services 5,750
4-22200-166-36-00-3042 Client Services 7,500
4-22200-166-36-00-3046 Consultant 4,250
4-22200-166-36-00-3412 Insurance 1,653
4-22200-166-36-00-3514 Membership, Dues & Pub. 125
4-22200-166-36-00-3574 Personnel Mileage 1,250
4-22200-166-36-00-3735 Testing Services 50
4-22200-166-36-00-3747 Transportation - client 250
4-22200-166-36-00-3752 Travel and Conference 50
4-22200-166-36-00-4828 Drugs 875
4-22200-166-36-00-4892 Medical Supplies 25
4-22200-166-36-00-4898 Office Supplies 75
4-22200-166-36-00-4909 Postage 5
4-22200-166-36-00-5993 Computer Equipment 2,200
4-22200-166-36-00-5994 Furniture & Fixtures 14,124
4-22200-166-36-00-6310 Bldg. Space Allocation 2,787
4-22200-166-36-00-6311 Maintenance Dept. Charges 2,000
4-22200-166-36-00-6640 Equipment Rental 500
4-22200-166-36-00-6641 Convenience Copier 275
4-22200-166-36-00-6670 Stationary Stock 1,000
4-22200-166-36-00-6672 Print Shop 125
4-22200-166-36-00-6750 Telephone Communication 4,300
4-22200-166-01-00-6360 Computer Services Operations 2,157
4-22200-166-01-00-3210 Appropriation Contingency (14,788)
$149,521
$ -0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Pappageorge the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Pappageorge the resolution be adopted.
349
Commissioners Minutes Continued. October 11, 1990
AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt,
Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra,
Chester, Crake, Ferrens. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc.#90125)
By General Government Committee
IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregbing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc. 90125
By Commissioner Ferrens
IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the major portion of county buildings have been designated as non-smoking areas in
recognition of the health hazards caused by smoking; and
WHEREAS it is unlawful for minors to purchase tobacco products in the State of Michigan,
but vending machines provide no safeguards from preventing children from buying cigarettes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
direct the Oakland County Executive to take necessary action to immediately remove all cigarette
vending machines from County property.
Mr. Chairperson, I move the adoption of the foregoing resolution.
James D. Ferrens, Commissioner Dist. #7
Lawrence Pernick, Donald E. Bishop, Roy Rewold,
Donald Jensen, A. Madeline Luxor, Ruth A. Johnson,
Donna R. Huntoon, Hubert Price, Jr., Ruel E. McPherson
Fiscal Note (Misc. 90125)
By Finance Committee
IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90125 and finds:
1) Vend-a-Matic, Inc., is under contract with Oakland County for placement of vending
machines on county property, six of which are cigarette machines; additionally, Parks and
Recreation, through Oaks Management contracts for three cigarette machines.
2) The Vend-A-Matic contract is for the period June 4, 1989 through June 3, 1994 with the
rates of commission on gross sales increasing from 13.5% to 15.5% over that period.
3) A change in the terms of the contract may require a renegotiation of the contract terms
which could include additional •ood machines.
4) For the period of June 1989 through May 1990 total sales of $340,353 resulted in
commission of $45,948 or 13.5% of sales; Sales of cigarettes comprised $22,463 (6.6%) resulting in
commissions of $3,050.
5) Revenues for Commissions-Vending Machines is recorded in Food Services 1990-1991
Adopted Budget in the amount of $42,000 for 1990 and $44,000 for 1991.
6) The revenue loss from cigarettes is anticipated to be offset by an increase in revenue
from the sales from other products. Therefore, no budget amendments are requested at this time.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Skarritt supported by Aaron the General Government Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Bishop the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks,
Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake,
Ferrens, Gosling. (22)
WS: Calandro. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. October 11, 1990 350
Misc. 90244
By Personnel Committee
IN RE: STANDARDS OF CONDUCT FOR OAKLAND COUNTY OFFICERS AND EMPLOYEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS every citizen is entitled to complete confidence in the integrity of his
government; and
WHEREAS those individuals who administer and deliver public services must adhere to high
standards of conduct, in keeping with the public trust and fiduciary responsibility inherent in all
public service positions; and
WHEREAS the public judges its government by the manner in which employees and officials
conduct themselves in the performance of their duties; and
WHEREAS County employees and officials must be impartial and responsive to the people and
even the appearance of impropriety must be avoided; and
WHEREAS the Oakland County Board of Commissioners desires to reaffirm its position that
all public officers, employees, and servants, including all Oakland County elected and appointed
officials and employees, are bound by certain ethical standards of conduct such as those derived
from applicable statutes and published in the attached Standards of Conduct for Oakland County
Officers and Employees; and
WHEREAS the attached Standards of Conduct for Oakland County Officers and Employees
represents basic expectations and should not be construed as being all inclusive or relieving any
person of further personal, moral, and/or legal responsibility under state law or professional codes
of responsibility; and
WHEREAS individual department directors and managers may develop policies consistent with
the attached Standards of Conduct with ethical concerns related to their particular departmental
operations. Department directors, managers, and supervisors may not waive, or authorize any person
to engage in conduct contrary to any applicable ethical standard and/or, engage in any potential
conflict of interest.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby.
reaffirms and publishes such applicable Standards of Conduct for Oakland County Officers and
Employees.
BE IT FURTHER RESOLVED that violation of the attached Standards of Conduct for Oakland
County Officers and Employees may be considered as cause for which employees may be disciplined or
discharged under applicable law, suffer other possible County or professionally imposed sanctions
and/or possible criminal penalties under State law.
BE IT FURTHER RESOLVED that the Personnel Department shall undertake appropriate steps to
inform and orient current and new employees regarding the required Standards of Conduct.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
STANDARDS OF CONDUCT
FOR OAKLAND COUNTY OFFICERS AND EMPLOYEES
1. A public officer or employee shall not divulge to an unauthorized person, confidential
Information acquired in the course of employment in advance of the time prescribed for its
authorized release to the public.
2. A public officer or employee shall not represent his or her personal opinion as that
of an agency.
3. A public officer or employee shall use personnel resources, property, and funds under
the officer or employee's official care and control judiciously and solely in accordance with
prescribed constitutional, statutory, and regulatory procedures and not for personal gain or
benefit.
4. A public officer or employee shall not solicit or accept a gift or loan of money,
goods, services, or other thing of value for the benefit of a person or organization, other than the•
County, which tends to influence the manner in which the public officer or employee or another
public officer or employee performs official duties.
5. A public officer or employee shall not engage in a business transaction in which the
public officer or employee may profit from his or her official position or authority or benefit
financially from confidential information which the public officer or employee has obtained or may
obtain by reason of that position or authority. Instruction which is not done during regularly
scheduled working hours, except for annual leave or vacation time, shall not be considered a
business transaction pursuant to this subsection if the instructor does not have any direct dealing
with or influence on the employing or contracting facility associated with his or her course of
employment with this County.
6. Except as otherwise provided by State law, a public officer or employee shall not
engage in or accept employment or render services for a private or public interest when that
employment or service is incompatible or in conflict with the discharge of the officer or employee's
official duties or when that employment may tend to impair his or her independence of judgment or
action in the performance of official duties.
351
Commissioners Minutes Continued. October 11, 1990
7. Except as otherwise provided by State Law, a public officer or employee shall not
participate in the negotiation or execution of contracts, making of loans, granting of subsidies,
fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to
a business entity in which the public officer or employee has a financial or personal interest.
8. No public servant shall be a party, directly or indirectly, to any contract between
himself and the public entity of which he is an officer or employee, except as provided by State
law.
9. No public servant shall directly or indirectly solicit any contract between the public
entity of which he is an officer or employee, and
(a) himself;
(b) any firm (meaning a co-partnership or other unincorporated association) of which
he is a partner, member, or employee;
(c) any private corporation in which he is a stockholder owning more than 1% of the
total outstanding stock of any class where such stock is not listed on a stock exchange or stock
with a present total market value in excess of $25,000.00 where such stock is listed on a stock
exchange or which he is a director, officer or employee; or
(d) any trust of which he is a beneficiary or trustee; nor shall he take any part in
the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the
approval thereof; nor shall he represent either party in the transaction; except as provided by
State law.
Moved by Calandro supported by Gosling the resolution be adopted.
AYES: Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks, Pappageorge,
Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling,
Huntoon. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 89323)
By Personnel Committee
IN RE: ETHICS CODE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee has reviewed the above referenced resolution and reports that the
purpose and intent of the resolution has been met in the resolution entitled Standards of Conduct
for Oakland County Officers and Employees.
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 89323
By Commissioners Law and Gosling
IN RE: ETHICS CODE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS since the inception of the Optional Unified Form of Government (Act 139) in 1974,
Oakland County has grown from a population of approximately 950,000 to an estimated 1.1 million, and
the County's annual budget has grown from $49 million to over $295 million; and
WHEREAS such rapid growth and expansion has vastly enlarged the nature of government
activities and has simultaneously created circumstances for which there is no policy or precedential
rule; and
WHEREAS Oakland County's present rules of procedure are fragmented among various policies
of the Board of Commissioners, Departmental Rules, Purchasing Policies, the Merit System and a
myriad of statutes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
direct the Personnel Department to formulate a comprehensive Code of Ethics for all County
Employees, and Appointed and Elected Officials in conjunction with Corporation Counsel and the
Prosecutor's Office.
BE IT FURTHER RESOLVED that such Code of Ethics include extensive provision for preclusion
of conflict of interest and potential conflict of interest, prohibition of contracting with, doing
business with, or as acting agent for any person or entity doing business with the County, profiting
from inside information, and shall stringently reinforce the provision of the Oakland County Merit
System.
BE IT FURTHER RESOLVED that the intent of the Board of Commissioners in the passage of
this resolution is to establish a comprehensive Ethics Code which will provide all government
officials and personnel with the standards of conduct by which they are to perform their duties and
Commissioners Minutes Continued. October 11, 1990 352
its applicability will be equal for all elected and appointed officials and county employees.
Mr. Chairperson, we move the adoption of the foregoing resolution.
Thomas A. Law, Commissioner Dist. #26
Marilynn E. Gosling, Commissioner Dist. #14
The Chairperson referred the resolution to the Personnel Committee. There were no
objections.
Misc. 90245
By Personnel Committee
IN RE: County Executive Administration/Risk Management - CREATION OF ONE (I) PTE TYPIST I POSITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the last clerical position added to the Risk Management Unit was in February of
1989; and
WHEREAS since that time a mandated medical cost containment program was implemented by the
State of Michigan Worker's Compensation Bureau; and
WHEREAS this program has added the duties of the reconciliation of several thousand
medical billings per year by the Risk Management Unit; and
WHEREAS internal controls were added to the worker's compensation filing system which
require added staff time but ensure more efficient and accurate reconciliation of medical bills; and
WHEREAS the requested position would assist with general clerical duties and with the
increase in workload from the medical cost containment program.
NOW THEREFORE BE IT RESOLVED that one (1) proprietary one-half (1/2) funded part-time
eligible Typist I position be added to the Risk Management Unit of the County Executive
Administration.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90232
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY
ADJACENT TO PARK PROPERTY, 2880 Watkins Lake Road, Pontiac, Michigan 48054, Tax Sidwell No.:
13-24-126-004 (0.51 acres)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission is desirous of purchasing a
residential home with 0.51 acres of. land adjacent to Parks property on Watkins Lake Road; and
WHEREAS said property is presently offered for sale through VIP Realty for $63,900.00; and
WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of
Corporation Counsel, Real Estate Section, in the purchase of said property, commonly known as 2880
Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-004; and
WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and
reviewed by Paul Stoppert„ of Stoppert Appraisal Services, with an estimated market value of
$57,500; and
WHEREAS on August 15, 1990, the Oakland County Parks and Recreation Commission approved
the negotiation to purchase the property located at 2880 Watkins Lake Road at a sum not to exceed
$61,000.00; and
WHEREAS Ralph Richard, Manager Oakland County Parks and Recreation Commission, negotiated
the purchase of property located at 2880 Watkins Lake Road, Waterford Township, for $61,000.00,
subject to the approval of the Oakland County Board of Commissioners; and
WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this
residence at 2880 Watkins Lake Road for future use and expansion; and
WHEREAS the monies have been allocated for the acquisition of this subject property
through the Parks and Recreation Commission, Land Acquisition Fund; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
purchase of property located at 2880 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No.
13-24-126-004, for the use by the Oakland County Parks and Recreation Commission in the sum of
$61,000.00.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
353
Commissioners Minutes Continued. October 11, 1990
Fiscal Note (Misc. 90232)
By Finance Committee
IN RE: Corporation Counsel - Real Estate Section - Parks and Recreation - PURCHASE OF PROPERTY
ADJACENT TO PARK PROPERTY, 2880 WATKINS LAKE ROAD, PONTIAC, MICHIGAN 48054, TAX STOWELL NO.
13-24-126-004 (0.51 ACRES)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed Miscellaneous Resolution #90232 and finds:
1) Oakland County Parks and Recreation Commission is desirous of purchasing a residential
home adjacent to Park property on Watkins Lake Road.
2) Funds of $61,000 are available for the purchase in the 1990-1991 Parks and Recreation
Commission Land Acquisition fund, therefore, no budget amendments are required.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Huntoon the resolution be adopted.
AYES: Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick,
Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon,
Jensen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90231
By Planning and Building Committee
IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE, INC. - 796 Oakland Avenue
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County will have available vacant space at 196 Oakland Avenue upon the move of
the Prosecutor's Office, Child Services Division; and
WHEREAS the County has received a request from the Magna Carta Institute, Inc., of
Livonia, Michigan, to lease 700 square feet at 196 Oakland Avenue for a seven-month period from
October 29, 1990, through May 31, 1991, contingent upon receipt of its funding from the Department
of Social Services; and
WHEREAS the Magna Carta Institute would utilize such space for conducting Job Readiness
services and Motivational Enhancement training for Department of Social Services clients; and
WHEREAS no renovations or special services would be needed from the County to accommodate
such a use; and
WHEREAS the lease is recommended by the Department of Public Works, Facilities Maintenance
& Operations Division; and
WHEREAS the attached Lease Agreement has been approved by the Department of Corporation
Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Lease Agreement with the Magna Carta Institute for 700 square feet at 196 Oakland Avenue,
Pontiac, Michigan, to commence October 29, 1990, and end May 31, 1991, for the fixed rate of $4,000.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute said Lease Agreement.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Copy of Lease Agreement on file in County Clerk's Office,
Fiscal Note (Misc. 90231)
By Finance Committee
IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE, INC. 196 OAKLAND AVENUE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90231 and finds:
1) Magna Carta Institute requested to lease 700 square feet of space for the period
October 29, 1990 through May 31, 1991.
2) Payment of $4,000 (an average of $571/month) will be paid to Facilities Operations
Division.
3) Budget amendments to the Facilities and Operations budget will be included in the 1991
County Executive Recommended Budget.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Commissioners Minutes Continued. October 11, 1990 354
Moved by Crake supported by Jensen the resolution be adopted.
AYES: R. Kuhn, Luxon, McConnell, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt,
Wolf, Aaron, Bishop, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90219
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - Parks & Recreation - PURCHASE OF PROPERTY
ADJACENT TO GROVELAND OAKS PARKS, GROVELAND TOWNSHIP, Tax SidwelI No, 02-19-402-001
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Detroit Edison Company owns property adjacent to County owned property in the
Township of Groveland at Groveland Oaks Park; and
WHEREAS the Detroit Edison Company has excess property and has offered to sell 1,087 acres
of land in Groveland Township to the County of Oakland through its Parks and Recreation Commission;
and
WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of
Corporation Counsel in purchasing 1.087 acres of land which is being offered by Detroit Edison
Company; and
WHEREAS an appraisal of the subject property was made by Fuller Appraisal Services; and
WHEREAS Detroit Edison Company, through its corporation Real Estate Division (Syndeco
Realty), has offered to sell this 1.087 acres to the County of Oakland for $5,000 based on their
appraisal; and
WHEREAS the appraisal which was completed by Fuller Appraisal Services established a fair
market value of $6,500; and
WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this
property (Tax Sidwell No. 02-19-402-001) with monies allocated from the Parks and Recreation
Commission Land Acquisition Fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
purchase of 1.087 acres of land in Groveland Township from the Detroit Edison Company adjacent to
Groveland Oaks Parks for $6,000, Tax Sidwell No. 02-19-402-001, for use by the Oakland County Parks
and Recreation Commission.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Fiscal Note (Misc. 90219)
By Finance Committee
IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY
ADJACENT TO GROVELAND OAKS PARKS, GROVELAND TOWNSHIP, TAX SIDWELL NO. 02-19-402-001 (1.087 acres)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee has reviewed Miscellaneous Resolution #90219 and finds:
1) Oakland County Parks and Recreation Commission is desirous of purchasing 1.087 acres of
land in Groveland Township.
2) Corporation Counsel, Real Estate Section, has negotiated the purchase of the property
for $6,000.
3) Funds are available for the purchase in the 1990-1991 Parks and Recreation Commission
Land Acquisition Fund therefore, no budget amendments are required.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Johnson the resolution be adopted.
AYES: Luxon„ McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt,
Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn. (21)
NAYS: None. (0)
ABSTAIN: Wolf. (1)
A sufficient majority having voted therefor, the resolution was adopted.
355
Commissioners Minutes Continued. October 11, 1990
Misc. 90246
By Planning and Building Committee
IN RE: Drain Commissioner - JENSEN DRAIN - DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Jensen Drain, by resolution adopted on September 25,
1990, authorized and provided for the issuance of drain bonds in the aggregate principal amount of
$995,000 to defray the cost of the Jensen Drain; and
WHEREAS the bonds are to be designated Drain Bonds, are to be dated November 1, 1990, will
bear interest at a rate or rates not exceeding 12%, and will not be subject to redemption prior to
maturity; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a
resolution pledging the full faith and credit of the County for the payment of the Drain Bonds; and
WHEREAS the said drain project is necessary to protect and preserve the public health, and
therefore, it is in the best interest of the County of Oakland that the said bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956,
as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full
faith and credit of the County of Oakland for the prompt payment of the principal of and interest on
the Jensen Drainage District Drain Bonds and agrees that, in the event any public corporation
assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the
amount of any special assessment installment and interest when due, the amount thereof shall be
advanced immediately from the County funds, and the County Treasurer is directed• to make such
advancement to the extent necessary.
2. That in the event that, pursuant to said pledge of full faith and credit, the County of
Oakland advances out of County funds all or any part of an installment and interest, it shall be the
duty of the County Treasurer, for and on behalf of the County of Oakland to take all actions and
proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Fiscal Note (Misc. 90246)
By Finance Committee
IN RE: Drain Commissioner - JENSEN DRAIN, DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution 090246 and finds:
I) The resolution authorized the issuance of drain bonds with the County pledging its
limited full faith and credit as the 'secondary obligor, and the City of Rochester Hills as the
primary obligor.
2) The principal amount of the bond issue is $995,000 at an interest rate not to exceed
12%.
3) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized
Value). As of August 31, 1990, the outstanding debt is $333,724,002 or approximately 1.3% of the
S.E.V.
4) No budget amendments are necessary.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Calandro the resolution be adopted.
AYES: McConnell, McPherson, Moffitt,Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90247
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHROP VILLAGE POLLUTION CONTROL
FACILITIES EXTENSION NO. I
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the City of Lathrup Village (the "City")
have entered into the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities
Commissioners Minutes Continued. October 11, 1990 356
City of Lathrup Village Extension No. 1 Contract dated as of January 1, 1990 (the "Contract"),
pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342");
and
WHEREAS the Contract provides for the issuance of bonds by the County to defray the cost
of acquiring and constructing the City of Lathrup Village Pollution Control Facilities, Extension
No. 1 as part of the Evergreen and Farmington Sewage Disposal System, said bonds to be secured by
the contractual obligation of the City to pay to the County amounts sufficient to pay the principal
of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred
on account of the bonds; and
WHEREAS it is in the best interest of the County that the bonds be issued and the project
be acquired and constructed.
THEREFORE BE IT RESOLVED BY THE BOARD OF 'COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
I. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum
of Six Killion Seventy-Five Thousand Dollars ($6,075,000) shall be issued and sold pursuant to the
provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying part
of the cost of acquiring and constructing the City of Lathrup Village Pollution Control Facilities,
Extension No. 1 as part of the Evergreen and Farmington Sewage Disposal System.
2. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal
System (City of Lathrup Village Extension No. 1) Bonds; shall be dated December 1, 1990; shall be
numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or
any integral multiple thereof not exceeding the aggregate principal amount for maturity at the
option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum
to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the
first days of May and November in each year; and shall mature on November 1 in each year as follows:
1991 $ 75,000 2001 $300,000
1992 100,000 2002 400,000
1993 100,000 2003 400,000
1994 100,000
1995 100,000
1996 200,000
1997 200,000
1998 200,000
1999 300,000
2000 300,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds
shall be payable in lawful money of the United States. Principal shall be payable upon presentation
and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest
shall be paid to the registered owner of each bond as shown on the registration books at the close
of business on the 15th day of the calendar month preceding the month in which the interest payment
is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond
registrar and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2000, shall not be subject to
redemption prior to maturity. Bonds maturing on and after November 1, 2000 shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or
trust company located in the State of Michigan which is qualified to act in such capacity under the
laws of the United States of America or the State of Michigan. The County Treasurer may from time to
time as required designate a simarly qualified successor bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
name of the county by the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed
or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon
receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the County (or a
facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent
for authentication and delivery in connection with the exchange or transfer of bonds. The bond
registrar and paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
2004 500,000
2005 500,000
2006 500,000
2007 500,000
2008 600,000
2009 700,000
357
Commissioners Minutes Continued. October 11, 1990
Each bond shall be transferable only upon the books of the County, which shall be kept
for that purpose by the bond registrar and paying agent, upon surrender of such bond together
with a written instrument of transfer satisfactory to the bond registrar and paying agent duly
executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental chargé required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM
(CITY OF LATHRUP VILLAGE EXTENSION NO. 1) BOND •
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
December 1, 1990
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to
and for value received hereby promises to pay to the Registered Owner identified above, or
registered assigns, the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
at in the city of
Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the
registration books at the close of business on the 15th day of the calendar month preceding the
month in which an interest payment is due, by check or draft drawn upon and mailed by the bond
registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original Issue or such later
date through which interest shall have been paid until the County's obligation with respect to the
payment of such Principal Amount is discharged at the rate per annum specified above. Interest is
payable on the first days of May and November in each year, commencing on May 1, 1991. Principal
and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Six Million
Seventy-Five Thousand Dollars ($6,075,000) issued by the County under and pursuant to and in full
conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of
1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the
County (the "Resolution") for the purpose of defraying part of the cost of acquiring and
constructing the City of Lathrup Village Pollution Control Facilities, Extension No. 1 as part of
the Evergreen and Farmington Sewage Disposal System. The bonds of this series are issued in
anticipation of payments to be made by the City of Lathrup Village in the aggregate principal amount
of six Million Seventy-Five Thousand Dollars ($6,075,000) pursuant to a contract between the County
and the City of Lathrup Village, dated as of January 1, 1990. The full faith and credit of the City
of Lathrup Village have been pledged to the prompt payment of the foregoing amount and the interest
thereon as the same become due. As additional security the full faith and credit of the County have
Commissioners Minutes Continued. October 11, 1990 358
been pledged for the prompt payment of the principal of and interest on the bonds of this series.
Taxes levied by the City of Lathrup Village for the payment of its obligations to the County are not
Subject to limitation as to rate or amount. Taxes levied by the County to pay the principal of and
interest on the bonds of this series are subject to constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges,
if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 2000, are not subject to redemption prior to maturity.
Bonds maturing on and after November 1, 2000, are subject to redemption prior to maturity at the
option of the County, in such order as shall be determined by the County, on any one or more
interest payment dates on and after November 1, 1999. Bonds of a denomination greater than $5,000
may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than
all of the bonds maturing in any year •are to be redeemed, the bonds or portions of bonds to be
redeemed shall be selected by lot. The redemption price shall be the par value of the bond or
portion of the bond called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
1% of the par value if called for redemption on or after November 1, 1999, but prior to
November 1, 2003;
0.5% of the par value if called for redemption on or after November 1, 2003, but prior to
November 1, 2006;
No premium if called for redemption on or after November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: By:
County Clerk Chairman, Board of Commissioners
CEUIFICATE or AUTHENTICATION This bond is one of the bonCs described in tne witninmentioned resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of transferee) the within
bond and all rights thereunder and does hereby irrevocably constitute and appoint
- Attorney to.transfer the within bond on the books .kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm which is a
member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit
359
Commissioners Minutes Continued. October 11, 1990
pledge made by the City in the Contract pursuant to the -authorization contained in Act 342. As
additional and secondary security the full faith and credit of the County are pledged for the prompt
payment of the principal of and interest on the bEeds as the same shall become due. If the City
shall fail to make payments to the County which are_ sufficient to pay the principal of and interest
on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall be
advanced from the general fund of the County.
10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and
Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the
bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest
received from the purchaser of the bonds at the time of delivery of the same plus such additional
amount as shall be necessary to pay the interest on the bonds on May 1, 1991. All payments received
from the City pursuant to the Contract as amended are pledged for payment of the principal of and
interest on the bonds and expenses incidental thereto and as received shall be placed in the
Principal and Interest Fund.
II. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction fund and used to acquire and construct the City of Lathrup Village
Pollution Control Facilities, Extension No. 1 in accordance with the provisions of the Contract.
12. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The
issuance and sale of the bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an
Obligation with respect...to the bonds and to pay, upon the filing of said notice, the-filing fee of
$400. If an exception from prior approval is not granted the County Drain Commissioner or the
County Treasurer shall make application to the Department of Treasury for permission to issue and
sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of
Sale. 13. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall
determine that it is not necessary to sell bonds in the principal amount of Six Million Seventy-Five
Thousand Dollars ($6,075,000), he may by order reduce the principal amount of bonds to be sold to
that amount deemed necessary. In the event the principal amount of the bond issue is reduced
pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in
any one or more years as necessary.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is authorized to prescribe the form of notice of sale for the bonds, to sell the bonds
at not less than 98% of par plus accrued interest in accordance with the laws of this state and to
do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the
bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of an official
statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with
the Rule. After the award of the bonds, the County will provide copies of a "final official
statement' (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity
as requested by the successful bidder or bidders to enable such bidder or bidders to comply with
paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
15. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income tax purposes. The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest on the bonds will be
and will remain excludable from gross income for federal income tax purposes.
16. 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 the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Fiscal Note (Misc. 90247)
By Finance Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST
OF EVERGREEN - FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHRUP VILLAGE POLLUTION CONTROL
FACILITIES EXTENSION NO. I
To the Oakland County Board of Commissioners
Mr, Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90247 and finds:
1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County
pledging its limited full faith and credit as the secondary obligor,
2) The City of Lathrup Village is the primary obligor pledging unlimited full faith and
credit as approved by a vote of the people.
Commissioners Minutes Continued: October 11, 1990 360
3) The principal amount of the bond issuance is $6,075,000 at an interest rate not to
exceed 12%.
4) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized
Value). As of September 30, 1990, the outstanding debt is $332,324,002, or approximately 1.3% of
the S.E.V.
5) No budget amendments are necessary.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Calandro the resolution be adopted.
AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90248
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES -- AMY RELIEF
SEWERS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the City of Auburn Hills, the City of
Bloomfield Hills and the Township of Bloomfield have entered into the Evergreen-Farmington Sewage
Disposal System Pollution Control Facilities Amy Relief Sewers Contract dated as of September 1,
1987, amended by Amendment No. 1 to Evergreen-Farmington Sewage Disposal System - Pollution Control .
Facilities - Amy Relief Sewers Contract dated as of July 1, 1989 (the "Contract"), pursuant to the
provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and
WHEREAS the Contract provides for the issuance of bonds by the County to defray all or
part of the cost of acquiring and constructing improvements to the Evergreen-Farmington Sewage
Disposal System - Pollution Control Facilities - Amy Relief Sewers (the "Project"), said bonds to be
secured by the contractual obligations of those municipalities on whose behalf the bonds are issued
topay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay
such paying agent fees and other expenses as may be incurred on account of the bonds; and
WHEREAS, the County has been informed that the City of Auburn Hills will pay its share of
the cost of the Project by cash contribution, the City of Bloomfield Hills will finance its share of
the cost of the Project through the issuance of County bonds and the Township of Bloomfield will pay
part of its share of the cost of the Project by cash contribution and will ...finance the balance
thereof through the issuance of County bonds; and
WHEREAS it is in the best interest of the County that the bonds be issued and the project
be acquired and constructed.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum
of Three Million Four Hundred Twenty-Five Thousand Dollars ($3,425,000) shall be issued and sold
pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of
defraying part of the cost of acquiring and constructing the Project.
2. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal
System Bonds (Amy Relief Sewers); shall be dated December 1, 1990; shall be numbered from 1 upwards;
shall be fully registered; shall be in the denomination of $5,000. each or any integral multiple
thereof not exceeding the aggregate principal amount for maturity at the option of the purchaser
thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon
the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May and
November in each year; and shall mature on May 1 in each year as follows:
1991 $ 50,000 2001 $150,000
1952 75,000 2002 200,000
1993 100,000 2003 200,000
1994 100,000 2004 250,000
1995 100,000 2005 150,000
1996 150,000 2006 300,000
1997 150,000 2007 300,000
1998 150,000 2008 300,000
1999 150,000 2009 300,000
2000 150,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall
361
Commissioners Minutes Continued. October 11, 1990
be payable in lawful money of the United States. Principal shall be payable upon presentation
and surrender of the bonds to the bond registrar and paying agent as they severally mature.
Interest shall be paid to the registered owner of each bond as shown on the registration books
at the close of business on the 15th day of the calendar month preceding the month in which the
interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by
the bond registrar and paying agent to the registered owner at the registered address
4. PRIOR REDEMPTION. Bonds maturing prior to May 1, 2000, shall not be subject to
redemption prior to maturity. Bonds maturing on and after May 1, 2000 shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
S. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or
trust company located in the State of Michigan which is qualified to act in such capacity under the
laws of the United States of America or the State of Michigan. The County Treasurer may from time
to time as required designate a similarly qualified successor bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed
or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon
receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the County (or a
facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent
for authentication and delivery in connection with the exchange or transfer of bonds. The bond
registrar and paying agent 'shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept for
that purpose by the bond registrar and paying agent, upon surrender of such bond together with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so -treating such
registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
B. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
EVERGREEN-FARMINGTON SEWAGE DISPOSAL . .
SYSTEM BONDS (AMY RELIEF SEWERS)
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
December 1, 1990
Commissioners Minutes Continued. October 11, 1990 362
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to
and for value received hereby promises to pay to the Registered Owner identified above, or
registered assigns, the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
at in the city of
Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the
registration books at the close of business on the 15th day of the calendar month preceding the
month in which an interest payment is due, by check or draft drawn upon and mailed by the bond
registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original Issue or such later
date through which interest shall have been paid until the County's obligation with respect to the
payment of such Principal Amount is discharged at the rate per annum specified above. Interest is
payable on the first days of May and November in each year, commencing on May 1, 1991. Principal
and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Three Million Four
Hundred Twenty-Five Thousand Dollars ($3,425,000) issued by the County under and pursuant to and in
full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts
of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the
County (the "Resolution") for the purpose of defraying part of the cost of acquiring and
constructing improvements to the Evergreen-Farmington Sewage Disposal System - Pollution Control
Facilities - Amy Relief Sewers. The bonds of this series are issued in anticipation of payments
to be made by the City of Bloomfield Hills and the Township of Bloomfield in the aggregate principal
amount of Three Million Four Hundred Twenty-oFive Thousand Dollars ($3,425,000) pursuant to a
contract between the County and the City of Bloomfield Hills, the City of Auburn Hills and the
Township of Bloomfield dated as of September 1, 1987, as amended. The full faith and credit of the
City of Bloomfield Hills and the Township of Bloomfield have been pledged to the prompt payment of
their respective shares of the foregoing amount and the interest thereon as the same become due. As
additional security the full faith and credit of the County have been pledged for the prompt payment
of the principal of and interest on the bonds of this series. Taxes levied by the City of
Bloomfield Hills, the Township of Bloomfield and the County to pay the principal of and interest on
the bonds of this series are subject to constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges,
if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior to May 1, 2000, are not subject to redemption prior to maturity.
Bonds maturing on and after May 1, 2000, are subject to redemption prior to maturity at the option
of the County, in such order as shall be determined by the County, on any one or more interest
payment dates on and after May 1, 1999. Bonds of a denomination greater than $5,000. may be
partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of
the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed
shall be selected by lot. The redemption price shall be the par value of the bond or portion of the
bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows:
1% of the par value if called for redemption on or after May 1, 1999, but prior to
May 1, 2003;
0.5% of the par value if called for redemption on or after May 1, 2003, but prior to
May 1, 2006;
No premium if called for redemption on or after May 1, 2006.
Not less than thirty days' notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
363
Commissioners Minutes Continued. October 11, 1990
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: By:
County Clerk Chairman, Board of Commissioners
CERTIFICATE OF AUTHENTICATION
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of transferee) the within
bond and all rights thereunder and does hereby irrevocably constitute and appoint
attorney to transfer the within band on the books kept for
registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guarantee by a commercial bank, a trust company or a brokerage ffrm which is a
member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
City of Bloomfield Hills and the Township of Bloomfield (collectively, the 'Obligors") pursuant to
the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the
City in the Contract pursuant to the authorization contained in Act 342. As additional and
secondary security the full faith and credit of the County are pledged for the prompt payment of the
principal of and interest on the bonds as the same shall become due. If the City shall fail to make
payments to the County which are sufficient to pay the principal of and interest on the bonds as the
same shall become due, an amount sufficient to pay the deficiency shall be advanced from the
general fund of the County.
10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and
Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the
bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest
received from the purchaser of the bonds at the time of delivery of the same. All payments received
from the Obligors pursuant to the Contract are pledged for payment of the principal of and interest
on the bonds and expenses incidental thereto and as received shall be placed in the Principal and
Interest Fund.
11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction fund and used to acquire and construct improvements to the
Evergreen-Farmington Sewage Disposal System - Pollution Control Facilities, Amy Relief Sewers in
accordance with the provisions of the Contract.
12. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The
issuance and sale of the bones shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an
Obligation with respect to the bonds and to paY, upon the filing of said notice, the filing fee of MI. Ifem exception
fran prior approval is not granted the County Drain CcrmtissioreT or the County Treasurer shall reek application to the
Department of...Treasury foe Permissioh to issue and sell the bonds as provided by the terms of this
resolution and for approval of the form of .Notice of Sale.
13. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall
determine that it is not necessary to sell bonds in the principal amount of Three Million Four
Hundred Twenty-Five Thousand Dollars ($3,425,000), he may by order reduce the principal amount of
bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond
issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of
bonds maturing in any one or more years as necessary.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is authorized to prescribe the form of notice of sale for the bonds, to sell the bonds
at not less than 98% of par plus accrued interest in accordance with the laws of this state and to
do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the
bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of an official
statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities
Commissioners Minutes Continued. October 11, 1990 364
Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with
the Rule. After the award of the bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity
as requested by the successful bidder or bidders to enable such bidder or bidders to comply with
paragraph (b)(4) of. the Rule and the rules of the Municipal Securities Rulemaking Board.
15. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income tax purposes. The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest on the bonds will be
and will remain excludable from gross income for federal income tax purposes.
16. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are rescinded:
Mr. Chairperson, an behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Fiscal Note (Misc. 90248)
By Finance Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES - AMY RELIEF SEWERS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90248 and finds:
1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County
pledging its limited full faith and credit as the secondary obligor.
2) The City of Bloomfield Hills and Township of Bloomfield are the primary obligors'
pledging limited full faith and credit.
3) The principal amount of the bond issuance is $3,425,000 at an interest rate not to
exceed 12%.
4) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized
Value). As of September 30, 1990, the outstanding debt is $332,324,002 or approximately 1.3% of the
S.E.V.
5) No budget amendments are necessary.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Calandro the resolution be adopted.
.AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, R. Kuhn, Luxon. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90249
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES --PERMANENT METER
INSTALLATION AND INTERCEPTOR REHABILITATION IMPROVEMENTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") and the City of Auburn Hills, the Village of
Beverly Hills, the Village of Bingham Farms, the City of Birmingham, the Township of Bloomfield, the
City of Bloomfield Hills, the City of Farmington, the City of Farmington Hills, the Village of
Franklin, the City of Keego Harbor, the City of Lathrup Village, the City of Orchard Lake Village,
the City of Southfield, the City of Troy and the Charter Township of West Bloomfield have entered
into the Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract Concerning
Wastewater Treatment and Pollution Control Projects dated as of September 30, 1989 (the "Contract"),
pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342");
and
WHEREAS the Contract provides for the issuance of bonds by the County to defray all or
part of the cost of permanent meter and interceptor rehabilitation improvements as set forth in the
Contract (the "Project"), said bonds to be secured by the contractual obligations of those
municipalities on whose behalf the bonds are issued to pay to the County amounts sufficient to pay
the principal of and interest on the bonds and the pay such paying agent fees and other expenses as
may be incurred on account of the bonds; and
365
Commissioners Minutes Continued. October 11, 1990
WHEREAS the description of the improvements has been revised to reflect an increase in the
number of permanent sanitary sewage meters as set forth in revised Exhibit C-1 dated September 14,
1990, attached hereto, and the cost of the improvements described on said revised Exhibit C-1 (the
"Project") has been revised as set forth in revised Exhibits 0 and E, each of which is dated
September 14, 1990, and is attached hereto; and
WHEREAS the County has been informed that the City of Auburn Hills, the Village of Beverly
Hills, the Village of Bingham Farms, the Township of Bloomfield, the City of Farmington, the City of
Keego Harbor, the City of Orphard Lake Village and the City of Troy will pay their respective
shares of the cost of the Project by cash contributions and the City of Birmingham, the City of
Bloomfield Hills, the City of Farmington Hills, the Village of Franklin„ the City of Lathrup
Village, the City of Southfield and the Township of West Bloomfield (collectively, the "Obligors")
will finance their respective shares of the cost of the Project through the issuance of County bonds
as hereafter provided; and
WHEREAS it is in the best interest of the County of Oakland that the bonds be issued and
the Project be acquired and constructed.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. APPROVAL OF REVISED EXHIBITS TO CONTRACT. The Board of Commissioners hereby approves
and adopts revised Exhibits C-1, D and E, each dated September 14, 1990, in the forms attached
hereto, and approves the total cost estimate of the Project in the amount of $4,121,163. The
revised Exhibits C-1, D and E replace Exhibits C-1, 0 and E dated August 21, 1989, and shall become
parts of the Contract. The County Drain Commissioner, as County Agency, is hereby authorized and
directed to endorse approval on revised Exhibits C-1, D and E as parts of the Contract in the name
and on behalf of the County in as many counterparts as he deems necessary.
2. AUTHORIZATION OFBONDS-- PURPOSE. Bonds of the County aggrepating the principalemee One
MillionSix HundredTwenty-Five ThousandOollars($1,625,000)shallbe issuedand sold pursuant to the pro-
visions of Act 342, and other applicable statutory provisions, for the purpose of defraying part of
the cost of acquiring and constructing the Project.
3. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal
System Bonds (Permanent Meter & Interceptor Rehabilitation); shall be dated December 1, 1990; shall
be number from 1 upwards, shall be fully registered; shall be in the denomination of $5,000 each or
any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the
option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum
to be determined upon the sale thereof payable on May 1, 1991, and 'semiannually thereafter on the
first days of May and November in each year; and shall mature on May 1 in each year as follows:
1991 $ 25,000 2001 $100,000
1992 25,000 2002 100,000
1993 50,000 2003 100,000
1994 50,000 2004 100,000
1995 50,000 2005 125,000
1996 75,000 2006 125,000
1997 75,000 2007 125,000
1998 75,000 2008 125,000
1999 75,000 _ 2009 125,000
2000 100,000
4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall
be payable in lawful money of the United States. Principal shall be payable upon presentation and
surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest
shall be paid to the registered owner of each bond as shown on the registration books at the close
of business on the 15th day of the calendar month preceding the month in which the interest payment
is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond
registrar and paying agent to the registered owner at the registered address.
5. PRIOR REDEMPTION. Bonds maturing prior to May 1, 2000, shall not be subject to
redemption prior to maturity. Bonds maturing on and after May 1, 2000 shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
6, BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or
trust company located in the State of Michigan which is qualified to act in such capacity under the
laws of the United States of America or the State of Michigan. The County Treasurer may from time
to time as required designate a similarly qualified successor bond registrar and paying agent.
7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed
or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon
receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE
December 1, 1990
CUSIP
Commissioners Minutes Continued. October 11, 1990 366
the Board of Commissioners and the County Clerk and upon which the seal of the County (or a
facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent
for authentication and delivery in connection with the exchange or transfer of bonds. The bond
registrar and paying agent shall indicate on each bond the date of its authentication.
B. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
recistrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
ant paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept for
that purpose by the bond registrar and paying agent, upon surrender of such bond together with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: 'Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 4 of this resolution shall be
valid and effectual to satisfy and discharge the liabillty upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying.
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax', fee or other governmental charge required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
9. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM BONDS
(PERMANENT METER AND INTERCEPTOR REHABILITATION)
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted
to and for value received hereby promises to pay to the Registered Owner identified above, or
registered assigns, the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
at in the city of
Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the
registration books at the close of business on the 15th day of the calendar month preceding the
month in which an interest payment is due, by check or draft drawn upon and mailed by the bond
registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount from the Date of Original Issue or such later
date through which interest shall have been paid until the County's obligation with respect to the
payment of such Principal Amount is discharged at the rate per annum specified above. Interest is
payable on the first days of May and November in each year, commencing on May 1, 1991. Principal
and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of One Million Six
Hundred Thousand Dollars ($1,625,000) issued by the County under and pursuant to and in full con-
formity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939,
as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County
(the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing
permanent meter and interceptor rehabilitation improvements in the Evergreen-Farmington Sewage
Disposal System. The bonds of this series are issued in anticipation of payments to be made by the
367
Commissioners Minutes Continued. October 11, 1990
City of Birmingham, the City of Bloomfield Hills, the City of Farmington Hills, the Village of
Franklin, the City of Lathrup Village, the City of Southfield and the Township of West Bloomfield
(the "Obligors") in the aggregate principal amount of One Million Six hundred Twenty-Five Thousand
Dollars ($1,625,000) pursuant to a contract between the County and the City of Auburn Hills, the
Village of Beverly Hills, the Village of Bingham Farms, the City of Birmingham, the Township of
Bloomfield, the City of Bloomfield Hills, the City of Farmington, the City of Farmington Hills, the
Village of Franklin, the City of Keego Harbor, the City of Lathrup Village, the City of Orchard Lake
Village, the City of Southfield, the City of Troy and the Charter Township of West Bloomfield dated
as of September 30, 1989. The full faith and credit of the Obligors have been pledged to the prompt
payment of the foregoing amount and the interest thereon as sthe same become due. As additional
security the full faith and credit of the County have been pledged for the prompt payment of the
principal of and interest on the bonds of this series. Taxes levied by the County and the Obligors
to pay the principal of and interest on the bonds of this series are subject to constitutional tax
limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges,
if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior to May 1, 2000, are not subject to redemption prior to maturity.
Bonds maturing on and after May 1, 2000, are subject to redemption prior to maturity at the option
of the County, in such order as shall be determined by the County, on any one or more interest
payment dates on and after May 1, 1999. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of
the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed
shall be selected by lot. The redemption price shall be the par value of the bond or portion of the
bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows:
1% of the par value if called for redemption on or after May 1, 1999, but prior to
May 1, 2003;
0.5% of the par value if called for redemption on or after May 1, 2003, but prior to
May 1, 2006;
No premium if called for redemption on or after May 1, 2006.
Not less than thirty days' notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Ce,mmissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
ra imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By:
County Clerk Chairman, Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Resolution
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHE ICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of transferee) the within
By:
Commissioners Minutes Continued. October 11, 1990 368
bond and all rights thereunder and does hereby irrevocably constitute and appoint •
attorney to transfer the within bond on the
books kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guarantee by a commercial bank, a trust company or a brokerage firm which is a
member of a major stock exchange.
le. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
Obligors pursuant to the Contract. The bonds shall be secured primarily by the full faith and
credit pledge made by the Obligors in the Contract pursuant to the authorization contained in Act
342. As additional and secondary security the full faith and credit of the County are pledged for
the prompt payment of the principal of and interest on the bonds as the same shall become due. If
the Obligors shall fail to make payments to the County which are sufficient to pay the principal of
and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency
shall be advanced from the general fund of the Countys.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal
and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of
the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued
interest received from the purchaser of the bonds at the time of delivery of the same. All payments
received from the Obligors pursuant to the Contract as amended are pledged for payment of the
principal of and interest on the bonds and expenses incidental thereto and as received shall be
placed in the Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction funa and used to acquire and construct permanent meter and interceptor
rehabilitation improvements in the Evergreen-Farmington Sewage Disposal system in accordance with
the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM. PRIOR APPROVAL. The
issuance and sale of the bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an
Obligation notice, the filing fee of $400. If an exception from prior approval is not granted the
County Drain Commissioner or the County Treasurer shall make application to the Department of
Treasury for permission to issue and sell the bonds as provided by the terms of this resolution and
for approval of the form of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall
shall determine that it is not necessary to sell bonds in the principal amount of One Million Six
Hundred Twenty-oFive Thousand Dollars ($1,625,000), he may by order reduce the principal amount of
bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond
issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of
bonds maturing in any one or more years as necessary.
15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is authorized to prescribe the form of notice of sale for the bonds, to sell the bonds
at not less than 98% of par plus accrued interest in accordance with the laws of this state and to
do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the
bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of an official
statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with
the Rule. After the award of the bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity
as requested by the successful bidder or bidders to enable such tbidder or bidders to comply with
paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
16. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income tax purposes. The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest on the bonds will be
and will remain excludable from gross income for federal income tax purposes.
17. 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 the adoption of
the foregoing resolution,
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Fiscal Note (Misc. 90249)
By Finance Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES - PERMANENT METER
INSTALLATION AND INTERCEPTOR REHABILITATION IMPROVEMENTS
369
Commissioners Minutes Continued. October 11, 1990
To the Oakland County Board of Commissioners
Mr_ Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90249 and finds:
1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County
pledging its limited full faith and credit as the secondary obligor.
2) The City of Birmingham, the City of Bloomfield Hills, the City of Farmington Hills,
the Village of Franklin, the City of Lathrop Village, the City of Southfield, and the Township of
West Bloomfield are the primary obligors pledging limited full faith and credit.
3) The principal amount of the bond issuance is $1,625,000 at an interest rate not to
exceed 12%.
4) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized
Value). As of September 30, 1990, the outstanding debt is $332,324,002 or approximately 1.3% of the
S.E.V.
5) No budget amendments are necessary.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Calandro the resolution be adopted.
AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90250
By Planning and Building Committee
IN RE: Drain Commissioner-RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST
OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES -- SEGMENT I AND II
IMPROVEMENTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") has entered into certain contracts with
municipalities located in the County pursuant to the provisions of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342"), as follows: (i) the Evergreen and Farmington Sewage Disposal
Systems Pollution Control Facilities -- Segment II -- Stage 3 Contract dated as of September 30,
1989, with the charter Township of West Bloomfield, the City of Southfield, the City of Farmington
Hills and the City of Orchard Lake Village (the "Stage 3 Contract"); (ii) the Evergreen and
Farmington Sewage Disposal systems Pollution Control Facilities -- Segment I-Stage 2, Segment
II-Arms J and K-Local Relief Sewers-SSES Rehabilitation Contract dated as of April 1, 1990, with the
Charter Township of West Bloomfield (the "West Bloomfield Contract"); (iii) the Evergreen and
Farmington Sewage Disposal System Pollution Control Facilities City of Farmington Hills Segment II
-- Arm D, Local Relief Sewers and SSES Rehabilitation dated as of April 1, 1990, with the City of
Farmington Hills (the "Farmington Hills Contract"); (iv) the Evergreen and Farmington Sewage
Disposal systems Pollution Control Facilities -- Segment II-Arm C and SSES Rehabilitation dated as
of April 1, 1990, with the Village of Bingham Farms, the City of Bloomfield Hills, the city of Keego
Harbor and the township of Bloomfield (the "Arm C Contract"); (v) the Evergreen and Farmington
Sewage Disposal Systems Pollution Control Facilities - Segment II - Stage 5, Stage B and SSES
Rehabilitation Contract dated as of September 1, 1989, with the Village of Beverly Hills and the
City of Southfield (the "Stage 5 Contract"); and (vi) the Evergreen and Farmington Sewage Disposal
System Pollution Control Facilities City of Troy Local Relief Sewers and SSES Rehabilitation
. Contract dated as of April 1, 1990, with the City of Troy (the "Troy Contract"); and
WHEREAS the aforesaid contracts provide for the issuance of bonds by the County to defray
the cost of acquiring and constructing improvements in the aforesaid municipalities as part of the
Evergreen and Farmington Sewage Disposal System, said bonds to be secured by the contractual
obligation of those municipalities on whose behalf the bonds are issued to pay to the County amounts
sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and
other expenses as may be incurred on account of the bonds; and
WHEREAS the County has been informed that (i) the City of Troy will pay its obligations
under the Troy Contract by cash contributions; (ii) the Village of Bingham Farms, the City of Keego
Harbor and the Township of Bloomfield will pay their respective obligations under the Arm C Contract
by cash contributions; (iii) the City of Bloomfield Hills will finance its obligations under the Arm
C Contract through the issuance of County bonds; (iv) the Village of Beverly Hills will pay a
portion of its obligations under the Stage 5 Contract, by cash, contributions
and will finance the balance thereof through the issuance of County bonds; (v) the City
of Orchard Lake Village will pay its obligations under the Stage 3 Contract by cash contributions;
(vi) the City of Farmington Hills will finance its obligations under the Stage 3 Contract and the
Farmington Hills Contract through the issuance of County bonds; (vii) the Charter Township of West
Bloomfield will finance its obligations under the Stage 3 Contract and the West Bloomfield Contract
370 Commissioners Minutes Continued. October 11, 1990
through the issuance of County bonds; and (viii) the City of Southfield will finance its obligations
under the Stage 3 Contract and the Stage 5 Contract through the issuance of County bonds; and
WHEREAS the amounts which the Village of Beverly Hills, the City of Bloomfield Hills, the
City of Farmington Hills, the City of Southfield and the Charter Township of West Bloomfield will
finance through the issuance of County bonds for the payment of their respective obligations under
the Stage 3 Contract, the West Bloomfield Contract, the Farmington Hills Contract, the Arm C
Contract and the Stage 5 Contract (collectively, the "Contracts") are set forth on Exhibit A which
is attached hereto and made a part hereof; and
WHEREAS it is in the best interest of the County of Oakland that the bonds be issued and
the above-described improvements be acquired and constructed.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum
of Twelve Million Six Hundred Fifty Thousand Dollars ($12,650,000) shall be issued and sold
pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of
defraying part of the cost of acquiring and constructing the improvements described in the Contracts
as part of the Evergreen and Farmington Sewage Disposal System.
2. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal
System (Segment 1 & II) Bonds; shall be dated December 1, 1990; shall be numbered from I upwards;
shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple
thereof not exceeding the aggregate principal amount for each maturity at the option of the
purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be
determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first
days of May and November in each year; and shall mature on November 1 in each year as follows:
1992 $250,000 2001 $750,000
1993 250,000 2002 750,000
1994 300,000 2003 750,000
1995 400,000 2004 750,000
1996 500,000 2005 1,000,000
1997 500,000 2006 1,000,000
1998 500,000 2007 1,200,000
1999 500,000 2008 1,250,000
2000 750,000 2009 1,250,000.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall
be payable in lawful money of the United States. Principal shall be payable upon presentation and
surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest
shall be paid to the registered owner of each bond as shown on the registration books at the close
of business on the 15th day of the calendar month preceding the month in which the interest payment
is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond
registrar and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2000, shall not be subject to
redemption prior to maturity. Bonds maturing on and after November 1, 2000 shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or
trust company located in the State of Michigan which is qualified to act in such capacity under the
laws of the United States of America or the State of Michigan. The County Treasurer may from time
to time as required designate a similarly qualified successor bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed
or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon
receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and upon which the seal of the County (or a
facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent
for authentication and delivery in connection with the exchange or transfer of bonds. The bond
registrar and paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept for
that purpose by the bond registrar and paying agent, upon surrender of such bond together with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
371
Commissioners Minutes Continued, October 11, 1990
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: 'Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
EVERGREEN-FARMINGTON SEWAGE DISPOSAL
SYSTEM SEGMENT I & II BONDS .
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
December 1, 1990
Registered Owner:
Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to
and for value received hereby promises to pay to the Registered Owner identified above, or
registered assigns; the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
at in the city of
Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the
registration books at the close of business on the 15th day of the calendar month preceding the
month in which an interest payment is due, by check or draft drawn upon and mailed by the bond
registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
.registered address, interest on such Principal Amount from the Date of Original Issue or such later
date through which interest shall have been paid until the County's obligation with respect to the
payment of such Principal Amount is discharged at the rate per annum specified above. Interest is
payable on the first days of May and November in each year, commencing on May 1, 1991. Principal
and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Twelve Million Six
Hundred Fifty Thousand Dollars ($12,650,000) issued by the County under and pursuant to and in full
conformity with the constitution and Statutes of Michigan (especially Act No. 342, Public Acts of
1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the
county (the "Resolution") for the purpose of defraying part of the cost of acquiring and
constructing certain improvements in the Evergreen and Farmington Sewage Disosal System. The bonds
of this series are issued in anticipation of payments to be made by the Village of Beverly Hills,
the City of 'Bloomfield Hills, the City of Farmington Hills, the City of Southfield and the Charter
Township of West Bloomfield (collectively, the "Obligors") in the aggregate principal amount of
Twelve Million Six Hundred Fifty Thousand Dollars ($12,650,000) pursuant to certain contracts
between the County and the Obligors as described in the Resolution. The full faith and credit of
the Obligors have been pledged to the prompt payment of the foregoing amount and the interest
thereon as the same become due. As additional security the full faith and credit of the County
have been pledged for the prompt payment of the principal of and interest on the bonds of this
series. Taxes levied by the County and the Obligors to pay the principal of and interest on the
bonds of this series are subject to constitutional tax limitations.
Commissioners Minutes Continued. October 11, 1990 372
• This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges,
if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior tO November 1, 2000, are not subject to redemption prior to
maturity. Bonds maturing on and after November 1, 2000, are subject to redemption prior to maturity
at the option. of the County, in such order as shall be determined by the County, on any one or more
interest payment dates on and after November 1, 1999. Bonds of a denomination greater than $5,000
may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than
all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be
redeemed shall be selected by lot. The redemption price shall be the par value of the bond or
portion of the bond. called to be redeemed plus interest to the date fixed for redemption and a
premium as follows: •
1% of the par value if called for redemption on or after November 1, 1999, but
prior to November 1, 2003;
0.5% of the par value if called for redemption on or after November 1, 2003, but
prior to November 1, 2006;
No premium if called for redemption on or after November 1, 2006.
Not less than thirty days notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by Its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By: By:
County Clerk Chairman, Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Resolution
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of transferee) the within
bond and all rights thereunder and does hereby irrevocably constitute and appoint
attorney to transfer the within-bond on the .
books kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guarantee by a commercial bank, a trust company or a brokerage firm which is a
member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
Obligors pursuant to the Contracts: The bonds shall be secured primarily by the full faith and
credit pledge made byathe Obligors in the Contracts pursuant to the authorization contained in Act
373
Commissioners Minutes Continued. October 11, 1990
342. As additiOhal and secondary security the full faith and credit of the County are pledged for
the prompt payment of the principal of and interest on the bonds as the same shall become due. If
the Obligors shall fail to make payments to the County which are sufficient to pay the principal of
and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency
shall be advanced from the general fund of the County.
10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and
Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the
bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest
received from the purchaser of the bonds at the time of delivery of the same. All payments received
from the Obligors pursuant to the Contract are pledged for payment of the principal of and interest
on the bonds and expenses incidental thereto and as received shall be placed in the Principal and
Interest Fund.
11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction fund and used to acquire and construct the, aforesaid improve-
ments in-accordance with the provisions of the Contracts. There shall be established separate
accounts in the construction fund with respect to each Contract and the use and investment of bond
proceeds attributable to each Contract shall be individually accounted for and monitored in each
such account.
12. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY -- EXCEPTION FROM PRIOR APPROVAL. The
issuance and sale of the bonds shall be subject to permission being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Drain Commissioner and the County Treasurer are each
hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an
Obligation with respect to the bonds and to pay, upon the filing of said notice, the filing fee of
$400. If an exception from prior approval is not granted the County Drain Commissioner or the
County Treasurer shall make application to the Department of Treasury for permission to issue and
sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of
Sale.
13. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall
determine that it is not necessary to sell bonds in the principal amount of Twelve Million Six
Hundred Fifty Thousand Dollars (S12,650,000), he may by order reduce the principal amount of bonds
to be sold to that amount deemed necessary. In that event the principal amount of the bond
issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of
bonds maturing in any one or more years as necessary.
14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is authorized to prescribe the form of notice of sale for the bohds, to sell the bonds
at not less than 96% of par plus accrued interest in accordance with the laws of this state and to
do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the
bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of an official
statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities
Exchange Act of 1934, as amended (the "Rule") and to do all other things. necessary to comply with
the Rule. After the award of the bonds, the County will provide copies of a "final official
statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity
as requested by the successful bidder or bidders to enable such bidder or bidders to comply with
paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
15. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income tax purposes. The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest on the bonds will be
and will remain excludable from gross income for federal income tax purposes. .
16. 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 the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Fiscal Note (Misc. 90250)
By Finance Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE
COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES - SEGMENT I AND II
IMPROVEMENTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G the Finance Committee has reviewed Miscellaneous Resolution #90250
and finds:
1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County
pledging its limited full faith and credit as the secondary obligor.
Commissioners Minutes Continued. October 11, 1990 374
2) The village of Beverly Hills, the City of Bloomfield Hills, the City of Farmington
Hills, the City of Southfield, and the Charter Township of West Bloomfield are the primary obligors.
pledging limited full faith and credit.
3) The principal amount of the bond issue is $12,680,000 at an interest rate not to
exceed 12%.
4) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized
value). As of September 30, 1990, the outstanding debt is $332,324,002 or approximately 1.3% of the
S.E.V.
5) No budget amendments are necessary
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Crake supported by Calandro the resolution be adopted.
AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 90222
By Planning and Building Committee
IN RE: DRAIN COMMISSIONER 1990 DRAIN MAINTENANCE ASSESSMENT REPORT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Planning and Building Committee has reviewed the Drain Assessment Rolls, as
prepared by the Drain Commissioner for the year T990; and
WHEREAS such Drain Assessment Rolls have been prepared and submitted in accordance with .
the provisions of Act No. 40 of the Public Acts of 1956, as amended; and
.WHEREAS the Planning and Building Committee concurs in the figures as established by the
Drain Commissioner for maintenance assessments against the various drainage districts in the County,
a copy of which is attached hereto; and
WHEREAS a summary of such Drain Assessment Rolls is as follows:
Assessments At Large Against Municipalities - $ 8,178.86
Assessments Against Real Property 33,028.27
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State
of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose of
maintaining, cleaning out, and deepening County Drains in Oakland County within and by the several
political subdivisions, the aggregate amount of $41,207.13, which sum represents the total amount
of the assessments for said year which are contained in the several Drain Assessment Rolls
heretofore determined by the said Oakland County Drain Commissioner.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Moved by Crake supported by Pappageorge the resolution be adopted.
AYES: McPberson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron,
Bishop, Calandro, Chester, Crake, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell.
(20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Misc. 90223)
By Planning and Building Committee
IN RE: Drain Commissioner - 1990 LAKE LEVEL ASSESSMENT REPORT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
On September 13, 1990 the 1990 Lake Level Assessment Report and 1990 Drain Maintenance
Report were laid over by the Board of Commissioners for the purpose of allowing review and comment.
The Planning and Building Committee, having reviewed a request from the Drain Commissioner
to amend the Lake Level Assessment Report, reports with the recommendation that the 1990 Lake Level
Assessment Report be amended to decrease the assessments for Long Lake (#429) from 412,084.46 to
$71,002.05.
Mr_ Chairperson on behalf of the Planning and Building Committee, I move acceptance of the
foregoing report.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
375
Commissioners Minutes Continued. October 11, 1990
Misc. 90223
By Planning and Building Committee
IN RE: Drain Commissioner - 1990 LAKE LEVEL ASSESSMENT REPORT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Planning and Building Committee has reviewed the Lake Level Assessment Rolls,
as prepared by the Drain Commissioner for the year 1990; and
WHEREAS such Lake Level Assessment Rolls have been prepared and submitted in accordance
with the provisions of Act No. 146 of the Public Acts of 1961, as amended; and
WHEREAS the Planning and Building Committee concurs in the figures as established by the
Drain Commissioner for the various lake level districts in the County, a copy of which is attached
hereto; and
WHEREAS a summary of such Lake Level Assessment Rolls is as follows:
Assessments At Large Against Municipalities - $ 5,531.04
Assessments Against Real Property 271,198.18
NOW THEREFORE BE IT RESOLVED by the Board of Commissionrs of the County of Oakland, State
of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose of
establishing and maintaining the normal height and level of various lakes in Oakland County within
and by the several political subdivisions, the aggregate amount of $276,729.22, which sum represents
the total amount of the assessments for said year which are contained in the several Lake Level
Assessment Rolls heretofore determined by the said Oakland County Drain .Commissioner.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry P. Crake, Chairperson
Moved by Crake supported by Richard Kuhn the resolution be adopted.
Moved by Crake supported by Richard Kuhn the resolution be amended as recommended in the
Planning and Building Committee Reports.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop,
Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon,
McConnell, McPherson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Report (Misc. 90251)
By Personnel Committee
IN RE: Prosecuting Attorney - 1990/91 ANTI-DRUG ABUSE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above Public Services Committee resolution,
reports with the recommendation that the resolution be adopted with the paragraph nine (9) reference
to, one special revenue Typist II position (salary grade 3)" changed to:
"one special revenue Typist I position (salary grade 2)",
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandra, Chairperson
Misc. 90251
By Public Services Committee
IN RE: Prosecuting Attorney - 1990/1991 ANTI-DRUG ABUSE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution 1,89105 requires the appropriate Liaison Committee to
review the acceptance of all grants that vary more than fifteen (15) percent from the original grant
application; and
WHEREAS application was made by the Prosecuting Attorney in the amount of $361,133 to fund
the 1990/1991 Anti-Drug Abuse Grant beginning October 1, 1990 and ending September 30, 1991, with
$243,095 (67%) funding from the State and $118,038 (33%) funding by the County; and
WHEREAS the Michigan Office of Criminal Justice has aproved the 1990/1991 Anti-Drug Abuse
Grant in the amount of $283,526, which is $77,607 or 21% less than the application amount, with
$170,116 (60%) funding from the State and $113,410 (40%) County match as detailed in Schedule A;
and
WHEREAS a match requirement of 25% was requested for expansion of the grant and two new
Commissioners Minutes Continued. October 11, 1990 376
positions were granted, County match remains at the current level of 40% for the entire 1990/91
award; and
WHEREAS the grant award provides funding for the addition of one (1) Assistant Prosecutor
III position and one (1) Typist II position, which will require approval by the Personnel Committee;
and
WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Prosecuting Attorney's 1990/1991 Anti-Drug Abuse Grant in the amount of $283,526 of which $113,410
(40%) is County match and $170,116 (60%) is grant reimbursed.
BE IT FURTHER RESOLVED that acceptance of the award does not obligate the County to any
future commitment and continuation of the special revenue positions in the grant is contingent upon
future levels of State funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners creates one special
revenue Assistant Prosecutor III position and one special revenue Typist II position (salary grade
3) in the Prosecuting Attorney Department (411-01).
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby
authorized to execute said contract and to approve minor changes and contract extensions, not to
exceed fifteen (15) percent variance, which are consistent with the contract as approved.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Fiscal Note (Misc. 90251)
By Finance Committee
IN RE: Prosecuting Attorney - 1990/1991 ANTI-DRUG ABUSE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #90251 and finds:
1) The Prosecuting Attorney Department applied for continued funding of the Anti-Drug
Abuse grant for the period October 1, 1990 through September 30, 1991 in the amount of $361,133
anticipating $243,095 (67%1 funding through the State and $118,038 (33%) funding by the County.
2) The Michigar, Office of Criminal Justice has awarded funding of $283,526 consisting of
$170,116 (60%) State funding and $113,410 (40%) County match, as detailed in Schedule A attached to
the resolution.
3) While a match requirement of 25% was requested for the expansion portion of the grant
and two new positions were granted, County match remains at the current grant level of 40% for the
entire 1990/91 award.
4) The award provides funding for the addition of one (1) Assistant Prosecutor III
position and one (1) Typist II position, which will require approval by the Personnel Committee.
5) Funding for County match is provided in the Prosecuting Attorney's 1990/91 Budget.
6) The Prosecuting Attorney's 1990 Special Revenue Budget be amended as detailed in
Schedule B.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Richard Kuhn supported by Huntoon the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Skarritt the resolution be adopted.
Moved by Calandra supported by Skarritt the resolution be amended to be consistent with
the Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell,
Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell,
McPherson, Moffitt. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
J/7
Commissioners Minutes Continued. October 11, 1990
Misc. 90252
By Public Services Committee
IN RE: Cultural Affairs - MICHIGAN COUNCIL OF THE ARTS 1991/1992 GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Cultural Affairs Departmen ,
applied to the Michigan Council of the Arts (MCA) for $10,000 in funds to partially offset program
expenses; and
WHEREAS the MCA has awarded the grant for a 12 month period from October 1, 1991 through
September 30, 1992, in the amount of $7,000; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and
WHEREAS the Office of Corporation Council has reviewed the grant and approved it as to
legal sufficiency.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
1991/1992 Michigan Council of the Arts Grant in the amount of $7,000.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the
grant agreement and to approve amendments to the agreement up to fifteen (15) percent variance from
the original award which are consistent with the agreement as approved.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 90253
By Commissioner Larry P. Crake
IN RE: WATERFORD HILLS LANDFILL - REQUEST DNR TO HOLD PUBLIC HEARING
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the responsibility of issuing licenses to operate landfills is granted to the
Department of Natural Resources (ONR) by Public Act 641 of 1978; and
WHEREAS the Waterford Township Supervisor has requested notification by the DNR of any
proceedings with regard to issuance of license for the Waterford Hills Landfill in order that the
Townships comments and concerns can be made a part of the public record; and
WHEREAS the residents have also requested the opportunity to express their comments an
concerns regarding the renewal of the license for this landfill; and
WHEREAS for several years problems with the operation of the landfills have caused health
hazards to the residents and endangered the surrounding environment; and
WHEREAS although a public hearing is not required, the Oakland County Board of
Commissioners concurs with the request that a hearing be held to enable residents and township
officials to provide input into the ONR's decision on this matter.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the
Michigan Department of Natural Resources to conduct a local public hearing regarding the issue of
renewal of the Waterford Hills Landfill operation license.
Mr. Chairperson, I move adoption of the foregoing resolution.
Larry P. Crake, Commissioner District #5
Donna R. Huntoon, Richard D. Kuhn, Jr.,
Nancy McConnell
The Chairperson referred the resolution to the Planning and Building Committee. There
were no objections.
Misc. 90254
By Commissioner John E. Olsen
IN RE: (SUPPORT) PASSAGE OF LEGISLATION REDUCING PROPERTY TAXES BEFORE THE 1989-1990 LEGISLATIVE
SESSION ENDS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS property taxes in Michigan are the fourth highest in the nation; and
WHEREAS the state's property tax system is unduly burdensome to both the young and old in
that it is a significant factor in forcing senior citizens out of their homes and it prevents many
young people from being able to afford homes; and
WHEREAS the present school financing system is inadequate and must be reformed with the
state bearing a much greater share of per-pupil cost; and
WHEREAS numerous bills and resolutions aimed at reducing property taxes have been
introduced in the State Legislature during the 1989-1990 legislative session but lawmakers have been
unable to reach agreement and pass any of these proposals; and
LYNN D. ALLEN
Clerk
ROY REWOLD
Chairperson
Commissioners Minutes Continued. October 11, 1990 378
WHEREAS besides the proposed legislation, Richard Headlee has filed petitions containing
223,000 signatures calling for a property tax cut of 20 percent over two years but this proposal
cannot be presented to the voters until the November, 1992, general election; and
WHEREAS with the urgent need in Michigan for tax relief now, it is unrealistic to wait
until 1992 for a solution to the Problem when the State Legislature could resolve it yet this year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the
State Legislature to adopt meaningful property tax relief legislation before the 1989-1990
legislative session ends in December.
BE IT FURTHER RESOLVED that this tax relief be either (1) a package of bills implementing
the Headlee proposal and taking immediate effect or (2) legislation increasing the maximum income ,
tax credit allowed for property taxes from $1,200 to $2,400.
Mr. Chairperson, I move the adoption of the foregoing resolution.
John E. Olsen, Commissioner Dist. #17
The Chairperson referred the resolution to the General Government Committee. There were
no objections.
The Chairperson stated the composting site at Orion Oaks Park will be open for public use
on October 15, 1990.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
GENERAL GOVERNMENT
a. Iron County - (Oppose) Polluters Pay Bill
b. City of Birmingham-(Oppose) Section 21, Subsection 4 & 5 of SB 830 - "School Aid Bill"
PLANNING & BUILDING
a. Waterford Township-DNR Public Hearing on Waterford Landfill License
b. City of Rochester Hills-Incinerator Moratorium
c. City of Oak Park-Proposed Retrofit of SOCCRA's Incinerator
PUBLIC SERVICES
a. MI Dept. of Social Services-Funding has been Appropriated-Cooperative Reimbursement
Grants
b. Robert Levi, P.C.-Re: Circuit Court Appointed Counsel Fees
c. 4-H Fair-Thank you
OTHERS
Commissioners
a. Thomas J. Bulger-Washington Report for the Week of September 24, 1990
b. Thomas J. Bulger-Washington Report for the Week of October 1, 1990
There were no objections to the referrals.
The Chairperson stated the next Board meeting will be held on October 25, 1990 at 9:30 a.m
The Board adjourned at 11:12 a.m.