HomeMy WebLinkAboutMinutes - 1988.03.23 - 7209OAKLAND COUNTY
Board Of Commissioners
MEETING
March 24, 1988
t7;eeting called to order by Chairperson Roy Rewold at 9:43 a.m. in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, Richard
Kuhn, Susan Kuhn, Lanni, Law, McConnell, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Oaks,
Pernick, Price, Rewold, Skarritt, Wilcox. (24)
ABSENT: Luxon, Page, Rowland. (3)
Quorum present.
Invocation given by Commissioner Donald Bishop.
Pledge of Allegiance to the Flag.
Moved by Moffitt supported by Skarritt the minutes of the March 10, 1988 meeting be
approved as presented.
A sufficient majority having voted therefor, the minutes uere approved.
Moved by Crake supported by Pernick the rules be suspended for the following items
currently on the Agenda, and the agenda be approved as amended:
PUBLIC SERVICES
b. Community Development - 1988/89 Community Development Block Grant Summary of Proposed
Activities/Application(Waive Rule X.9 - Grants Procedure)
AYES: A. McPherson, R. McPherson, Moffitt, Gaks, Pernick, Rewold, Skarritt, Wilcox,
Aaron, Bishop, Caddell, CaIandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni,
McConnell, McDonald. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried and
the agenda, as amended, was approved.
Richard Kuhn presented a Proclamation of Service to the Honorable Norman R. Barnard, Chief
Judge of the Probate Court.
Misc. 88060
By Finance Committee
IN RE: Prosecuting Attorney - SPECIAL PROSECUTING ATTORNEY FEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Prosecuting Attorney Department was allocated $5,500 in the 1988-1989
Biennial Budget for special prosecutors for 1988, these funds budgeted to pay anticipated annual
expenses; and
WHEREAS on the Oakland County Circuit Court assigned a special prosecutor to case #CR
86-073664-FH and ordered the Board of Commissioners to make reasonable payment for legal fees; and
WHEREAS the special prosecutor invoiced the County for legal fees at a rate of $90/hour
for a total amount of $7,132.50; and
WHEREAS this expense was not anticipated in the 1988/1989 Biennial Budget, the ProsecUtor
has insufficient funds to pay the invoice as ordered; and
WHEREAS sufficient funds are available in the 1988 Contingency Account to pay the above
mentioned invoice.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes payment to the
Speaial Prosecutor at the rate of $75.00 per hour, consistent with defense attorney fee payments.
89
Commissioners Minutes Continued, March 24, 1988
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $5944 from the 1988
Contingency Account and transfers said amount to the 1988 Prosecuting Attbrney budget as
specified below to pay the special attorney fees ordered by the Circuit Court:
1988
4-10100-909-01-00-9900 Contingency $(57-94-4)
4-10100-411-01-00-3706 Special Prosecutor 5,944
3-
Mr. Chairperson, on behalf of the Finance Committee, I move tfi-i-adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Moffitt the resolution be adopted.
AYES R. McPherson, Moffitt, Oaks, PerniCk, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop,
Caddell, Calandro, Crake, Doyon, Gosling; Hobart, Jensen, R, Kuhn, S. Kuhn, Lanni, Law, McConnell,
McDonald, A. McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88061
By Finance Committee
IN RE: Corporation Counsel - LEGAL SERVICES AND MISCELLANEOUS EXPENSES CONCERNING CETA AUDITS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of CoMmissioners, by Miscellaneous Resolution #6645
and #8883, applied for and was granted the designation as a Comprehensive Employment and Training
Act Prime Sponsor by the U.S. Department of Labor; and
WHEREAS certain costs have been questioned and disallowed in various CETA audits and
a special purpose close-out review exceeding $4,000,000; and
WHEREAS in various resolutions, this Board of Commissioners has authorized the
Chairperson of the Oakland County Board of Commissioners to enter into a Professional Services
contract for legal services with Charles G. Preston for assistance in resolution of the questioned
costs; and
WHEREAS funds for these legal and miscellaneous expenses are available in the reserve
fund established to pay for the disallowed costs.
NOW THEREFORE BE IT RESOLVED that the 1988-1989 Biennial Budget include $55,000 from the
CETA Loss Designated Fund Balance (1-10100-492-001) to pay for the legal and miscellaneous expenses
pursuant to our representation on the CETA audits as follows:
Revenue 1988
3-10100-909-01-9901 Prior Years Balance (from CETA
loss designated fund balance) $55,000
Expenses
4-10100-901-01-9112 CETA Audit - Legal Expense
4-10100-901-01-9113 CETA Audit-Misc.. Expense
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Susan Kuhn the resolution be adopted.
$53,750
1,250
$55,000
$ -0-
AYES:
Calandra, Crake,
A. McPherson, R.
NAYS:
Moffitt, Oaks, Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop., Caddell,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson. (24)
None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88062
By Public Services Committee
IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION - TOWNSHIP OF
HIGHLAND -
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865,
7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be
utilized within Oakland County Tornado Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent as has been the
policy previously established by the Board of ComMissioners by various Miscellaneous Resolutions,
Commissioners Minutes Continued. March 24,-1988 • 90
whereby local units pay seventy-five percent and the County • twenty-five percent with the County
being responsible for the maintenance and electrical costs for the sirens purchased; and
WHEREAS the Township. of Highland, per the attached Purchase Agreement, has requested to
participate in the siren system; and
WHEREAS the Township of Highland has agreed to pay seventy-five percent of the total
estimated cost of one siren; and
WHEREAS consistent with the attached standard agreement, the Township of Highland
agrees that Oakland County will retain ownership of the siren and will be responsible for the
maintenance and the electrical costa for said siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the appropriation of $3,437.50, consistent with the attached budget, as Oakland County's match.
BE IT FURTHER i:ESOLVED that the expenditure of this appropriation is contingent upon the
execution of the attached written agreement between the County and the Township of Highland.
BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized to execute
said agreement.
BE IT FURTHEP RESOLVED that written quarterly progress reports be presented to the Public
Services Committee by the Manager of the Emergency Medical Services and Emergency Management
Division and to the balance of the members of the Board of Commissioners.
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
Moved by Richard Kuhn supported by Bishop the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee ; There were no
objectioas.
&8063
By Public Services Committee
IN RE: Conamnity Development Division - 1988-89 COMMUNITY DEVELOPMENT BLOCK GRANT SUMMARY OF
PROPOSED ACTIVITIES/APPLICATION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland by Miscellaneous Resolution #696I of January 23, 1975
declared its intention to become designated as an Urban County under the Federal Housing and
Community Development Act of 1974, as amended; and
WHEREAS this act was designed to consolidate many of the categorical grant programs into
one Block Grant Program placing authority and responsibility with local officials as to community
needs and priorities; and
WHEREAS the County of Oakland has been allocated a Community Development Block Grant
(COBG) of $3,419,000.00 and an Emergency Shelter Grant (ESG) of $9,000.00 in federal funds;
$568,148.96 of County Program Income and $42,232.00 of Community Program Income that equals a total
of $4,038,380.56 of funds to be distributed among the 47 participating units of government and
public hearings have been held by each community and the county concerning use of these funds; and
WHEREAS the Community Development Citizens Advisory Council has recommended approval (by
a roll call vote of 12 -0) of the proposed Community Development Block Grant Allocation Summary of
Proposed Activities; and
WHEREAS there are no county funds required for this grant and this application has been
reviewed and approved by the office of Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of
Commissioners is hereby authorized to sign and file applications for the 1988-89 Community
Development Block Grant and Emergency Shelter Grant Funds under the Federal Housing and Community
Development Act of 1974, as amended, and the Stewart B. McKinney Homeless Assistance Act of 1987,
in accordance with the attached Summary of Proposed Activities.
.. 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
Copy of Summary of Proposed Activities on file in County Clerk's Office.
Moved by Richard Kuhn supported by Price the resolution be adopted.
AYES: Oaks, Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro,
Crake, Rayon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, A.
Mai) -son, R. McPherson, Moffitt. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
91
Commissioners Minutes Continued, March 24, 1988
Report
By Public Services Committee
IN. RE: Establishment of Dispute Resolution Clearinghouse and Settlement Center (Miscellaneous
Resolution #88014)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
The Public Servic -is Commit.Tee, having reviewed Miscellaneous Resolution #88014 entitled,
"Establishment of Dispute Resolution Clearinghouse and Settlement Center", reports with the
recommendation that the resolution be adopted with the following amendments:
That 115,000 be appropriated as a pilot sum to facilitate the initiation
of this project upon the receipt of acceptance letters from individuals
who plan to serve on the proposed Board. of Governors; a proposed detailed
budget; a set of bylaws; and a set of completed and filed corporation
papers. Further, upon receipt of these items, that the matter be brought
again before the Public Services Committee for review to evaluate the
progress and determine whether any additional sums will be appropriated.
Mr. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the
foregoing report.
PUBLIC SERVICES COMMITTEE
Richard O. Kuhr, Jr., Chairperson
Misc. 88014
By Marilynn E. Gosling
IN RE: ESTABLISHMENT OF DISPUTE RESOLUTION CLEARINGHOUSE AND SETTLEMENT CENTER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS in 1986 the report of the Oakland County Bar Association's President's Task Force
on Improved Dispute Resolution included a recommendation for the establishment of a Clearinghouse
and Settlement Center to direct disputants to alternative methods to resolve disputes; and
WHEREAS a Settlement Center would be capable of handling all levels of civil cases,
provided that staff is adequately trained and appropriate referral services exist; and
WHEREAS the Settlement Center is expected to provide an alternative setting to which the
public, courts, and attorneys can recommend cases be directed for less costly, expedited
resolution; and
WHEREAS the report of the Oakland County Bar Association President's Task Force on
Dispute Resolution and the President's Commission to implement Improved Dispute Resolution includes
specific suggested means by which the Settlement Center will obtain its caseload; and
WHEREAS the Oakland County Bar Association's Board of Directors has recommended that the
Settlement Center be established as a Sec. 501(c) (3) corporation, which shall become a permanent
institution in Oakland County available to the public; and
WHEREAS the 1987 Improved Dispute Resolution Report further includes specifics as to the
general structure and the preimplementation planning for the Settlement Center, as well as the
establishment of its board of directors; and
WHEREAS legislation introduced in June of 1987, known as the "Community Dispute
Resolution Act" would help fund, in part, a Settlement Center such as that envisioned by the
Oakland County Bar Association's Task Force by raising court filing fees by $2.00 in circuit courts
and $1.00 in district courts; and
WHEREAS the Oakland County Bar Association has agreed to provide the place for the
Settlement Center as well as office supplies, equipment, furniture, and other necessities; and
WHEREAS to begin implementation of this concept, funding in the amount of $60,000 is
required to hire a director.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
endorses the concept of a Settlement Center and Clearinghouse for Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby appropriates
to the Oakland County Bar Association $60,000, said money to be used for the purpose of hiring a
director.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners shall reevaluate
the Settlement Center concept and progressmade throughout 1988 and, in particular, at year end.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Marilynn E. Gosling
County Commissioner, District #14
Fiscal Note
By Finance Committee
IN RE: Establishment of Dispute Resolution Clearinghouse and Settlement Center (Miscellaneous
Resolution #88014)
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 #88014 and finds:
Commissioners Minutes Continued. March 24, 1988 92
1) The original resolution recommends that $60,000 be appropriated to the Oakland County
Bar Association for purposes of hiring a director for the Dispute Resolution Clearinghouse and
Settlement Center.
2), The Public Services Committee has recommended that an appropriation of $15,000 be
made to facilitate the Project with remaining funding subject to evaluation of program progress.
3) $15,000 is available in the 1988 Contingency Account and recommends transfers be made
as follows:
4-10100-909-01-00-9900 Contingency $(15,000)
4-10100-904-01-00-9416 Oakland Co. Bar Assoc. 15,000
$ -0-
4) The allocation is dependent upon the information being provided as specified in the
Public Services Committee report.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Richard Kuhn supported by Jensen the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Moffitt the resolution, with Fiscal Note attached, be
adopted.
Moved by Moffitt supported by Jensen the resolution be amended to agree with the Public
Services Committee Report.
AYES: Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, A. McPherson,
R. McPherson, Moffitt, Oaks. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Price, Aaron, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law,
McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick. (16)
NAYS: Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandro, Crake, McConnell. (8)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 88053
By Public Services Committee
IN RE: Sheriff Department - AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT EXTENSION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #87109 and #87172 authorized the acceptance of the
Automobile Theft Prevention Grant and Amendment for the period May 1, 1987 to April 30, 1988; and
WHEREAS the Automobile Theft Prevention Authority in conjunction with the Michigan State
Police would extend the existing grant to December 31, 1988 in order to put the grant on a Calendar
Fiscal Year; and
WHEREAS the Sheriff's Department is in agreement with this proposal; and
WHEREAS the grant covers 100% of program expenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Sheriff and the Chairperson of the Board to extend the Automobile Theft Prevention Grant from May 1,
1988 to December 31, 1988.
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
By Finance Committee
IN RE: Sheriff Department - Automobile Theft Prevention Authority Grant Extension (Miscellaneous
Resolution #88053)
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 #88053 and finds:
1) The current Sheriffs' Automobile Theft Prevention Authority (A.T.P.A.) Grant is
scheduled to end April 30, 1988.
93
Commissioners Minutes Continued. March 24, 1988
2) The A.T.P.A. wishes to extend the grant from May 1 through December 31, 1988 in the
amount of $165,604 as detailed on the attached schedule.
3) The Sheriff and the Public Services Committee concur with the extension, no personnel
changes are involved and the program is 100% grant funded.
4) The following amendments are recommended to the 1988 Budget (adjusting for 20 months
of activity) and the 1989 Budget (reflecting 12 months of activity):
Revenues 1988 1989
3-27360-436-05-00-2185 Grant Revenue $165,604 $2-57676
Ex enses
-2736 -436-05-00-1001 Salaries $ 93,077 17,844
4-27360-436-05-00-1002 Overtime 12,726 9,555
4-27360-436-05-00-2070 Fringe Benefits 37,402 7,206
4-27360-436-05-00-3345 Evidence Fund 2,667 --
4-27360-436-05-00-4820 Deputy Supplies 1,733 1,300
4-27360-436-05-00-4898 Office Supplies 1,733 1,300
4-27360-436-05-00-6610 Leased Vehicles 16,266 (11,988)
$165,6U-4 i,25,616
$ -0- -0-
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Richard Kuhn supported by Angus McPherson the resolution, with Fiscal Note
attached, be adopted.
AYES: Rewol.cf, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandre, Crake, Doyon, Gosling,
Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, A. McPherson, R. McPherson,
Moffitt, Oaks, Pernick, Price. (24)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88054
By Public Services Committee
IN RE: Sheriff Department
SOUTHWEST OAKLAND COUNTY AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT EXTENSION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #87296 authorized the acceptance of the Southwest Oakland
County Automobile Theft Prevention Grant for the period November 1, 1987 to October 31, 1988; and
WHEREAS the Automobile Theft Prevention Authority in conjunction with the Michigan State
Police would extend the existing grant to December 31, 1988 in order to put the grant on a calendar
fiscal year; and
WHEREAS the Sheriff's Department is in agreement with this proposal; and
WHEREAS the grant covers 100% of program expenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Sheriff and the Chairperson of the Board to extend the Southwest Oakland County Automobile Theft
Prevention Grant from November 1, 1988 to December 31, 1988.
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
By Finance Committee
IN RE: Sheriff Department - Southwest Oakland County Automobile Theft Prevention Authority Grant
Extension (Miscellaneous Resolution #88054)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #88054 and finds:
1) The current Sheriff's Southwest Oakland County Automobile Theft Prevention Authority
(A.T.P.A.) Grant is scheduled to end October 31, 1988.
2) The A.T.P.A. wishes to extend the grant from November 1 through December 31, 1988 in
the amount of $49,470 as detailed on the attached schedule.
3) The Sheriff and the Public Services Committee concur with the extension, no personnel
changes are involved and the program is 100% grant funded.
4) The following amendments are recommended to the 1988-1989 Biennial Budget for 1988,
(no amendment is necessary for 1989):
Commissioners Minutes Continued. March 24,1988 94
Grant Revenue $49,470
Revenue
3-27378-436-05-00-2185
Expenses
4-27378-436-05-00-1001
4-27378-436-05-00-1002
4-2738-436-05-00-2070
4-27378-436-05-00-3345
4-27378-436-05-00-4820
4-27318-436-05-00-6750
4-27378-436-05-00-3128
4-27378-436-05-00-6610
Salaries
Overtime
Fringe Benefits
Evidence Fund
Deputy Supplies
Telephones
Professional Services
Leased Vehicles
$ 6,076
750
1,758
833
542
417
38,079
1,015
T49,470
$ -0-
iarn Caddell Chairperson
Moved by Richara Kuhn supported by Law the resolution be adopted.
AYES: Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart,
Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt,
Oaks, Pernick, Price, Rewold. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report
By General Government Committee
IN RE: Local Road Improvement Revenue Act-County Referendum (Miscellaneous Resolution #88056)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution, reports
the recommendation that the resolution be adopted with the following amendments:
1. In the NOW THEREFORE BE IT RESOLVED paragraph change the words "next general election"
to "August 2, 1988 primary election."
2. Change the proposal language to read:
MOTOR VEHICLE REGISTRATION FEE
SHALL A $25 (TWENTY-FIVE DOLLAR) MOTOR VEHICLE REGISTRATION FEE BE IMPOSED ON EACH MOTOR
VEHICLE REGISTERED TO AN OWNER RESIDING IN THE COUNTY OF OAKLAND, WITH THE REVENUES THEREFROM BEING
SPECIFICALLY EARMARKED FOR THE PURPOSES SET FORTH IN THE "LOCAL ROAD IMPROVEMENTS AND OPERATIONS
REVENUE ACT," BEING PUBLIC ACT 237 of 1987, WITH SAID FEE TO BE EFFECTIVE FOR VEHICLE REGISTRATIONS
FOR A PERIOD OF TEN YEARS.
YES ( ) NO (
Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc. 88056
By Transportation Committee
IN RE: LOCAL ROAD IMPROVEMENT REVENUE ACT - COUNTY REFERENDUM
To the Oakland. County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS growth in Oakland County has created a need for county road maintenance and
improvements which will exceed available revenues by over $700 million over the next decade; and
WHEREAS Act 237 of the Public Acts of 1987 authorizes County Boards of Commissioners to
place on the ballot for voter approval the question of a vehicle registration fee of up to $25 on a
motor vehicle registered to an owner residing in the County, the revenue from which is specifically
earmarked for road improvements, operations, or comprehensive transportation purposes; and
WHEREAS a 825 per vehicle fee would raise substantial revenues for these purposes; and
WHEREAS the Board of County Road Commissioners for Oakland County, on February 4, 1988
adopted a 'resolution supporting the levying of a $25 vehicle registration fee in accordance with Act
237 of the Public Acts of i987, for 10 years from its effective date; and
WHEREAS the election for said registration fee may be called by re -solution of the Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to
Act 237 of the Public Acts of 1987, directs that the following question be placed upon the ballot in
all cities, villages and townships in the County of Oakland in conjunction with the next general
election as follows:
95
Commissioners Minutes Continued. March 24, 1988
MOTOR VEHICLE REGISTRATION FEE
SHALL A $25 (TWENTY-FIVE DOLLAR) MOTOR VEHICLE REGISTRATION FEE BE IMPOSED ON EACH
MOTOR VEHICLE REGISTERED TO AN OWNER RESIDING IN THE COUNTY OF OAKLAND, WITH THE
REVENUES THEREFROM BEING SPECIFICALLY EARMARKED FOR ROAD IMPROVEMENTS, OPERATIONS,
OR COMPREHENSIVE TRANSPORTATION PURPOSES, AS DEFINED BY LAW, WITH SAID FEE TO BE
EFFECTIVE FOR VEHICLE REGISTRATIONS FOR A TEN YEAR PERIOD COMMENCING ON JUNE 1, 1989
AND ENDING MAY 31, 1999, ALL INCLUSIVE, IN ACCORDANCE WITH ACT 237 OF THE PUBLIC ACiS
OF 1987.
YES ( I NO ( I
BE IT FURTHER RESOLVED that the Oakland County Clerk shall file a copy of this resolution
with the Clerk of each city, village and township in the County of Oakland not less than sixty (60)
days before the election.
Mr. Chairperson, on behalf of the Transportation Committee, I move the adoption of the
foregoing resolution.
TRANSPORTATION COMMITTEE
John J. McDonald, Chairperson
Moved by McDonald supported by Lanni the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McDonald supported by Moffitt the resolution be adopted.
Moved by Lanni supported by Susan Kuhn the resolution be amended as follows:
In the NOW THEREFORE BE IT RESOLVED paragraph change the words next general election" to
August 2, 1988 primary election".
Also, change the proposal language to read:
MOTOR VEHICLE REGISTRATION FEE
SHALL A $25 (TWENTY-FIVE DOLLAR) MOTOR VEHICLE REGISTRATION FEE BE IMPOSED ON EACH MOTOR
VEHICLE REGISTERED TO AN OWNER RESIDING IN THE COUNTY OF OAKLAND, WITH THE REVENUES THEREFROM BEING
USED EXCLUSIVELY IN OAKLAND COUNTY AND SPECIFICALLY EARMARKED FOR THE PURPOSES SET FORTH IN THE
"LOCAL ROAD IMPROVEMENTS AND OPERATIONS REVENUE ACT", BEING PUBLIC ACT 237 OF 1987, WITH SAID FEE TO
BE EFFECTIVE FOR VEHICLE REGISTRATIONS FOR A PERIOD OF TEN YEARS.
YES ( ) NO ( )
Moved by Doyon supported by Aaron to divide the question and take the second part of the
amendment first (proposal language).
AYES: Aaron, Calandra, Dayon, Gosling, Hobart, Jensen, Richard Kuhn, Law, McConnell,
Angus McPherson, Ruel McPherson, Oaks, Pernick, Price. (14)
NAYS: Wilcox, Bishop, Caddell, Crake, Susan Kuhn, Lanni, McDonald, Moffitt, Rewold,
Skarritt. (10)
A sufficient majority having voted therefor, the motion to divide the question carried.
Discussion followed.
Vote on proposal language:
AYES: Aaron, Bishop, Caddell, Calandra, Crake, Doyan, Gosling, Hobart, Jensen, Richard
Kuhn, Susan Kuhn, Lanni, Law, McConnell, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Oaks,
Pernick, Price, Rewold, Skarritt, Wilcox. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment for proposal language carried.
Discussion followed regarding changing the date the proposal will appear on the ballot.
Vote on amendment to change the date to August 2, 1988 Primary Election:
AYES: Bishop, Caddell, Crake, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Lanni,
Law, McConnell, McDonald, Moffitt, Rewold, Skarritt, Wilcox. (16)
NAYS: Calandro, Doyon, Angus McPherson, Rue] McPherson, Oaks, Pernick, Price, Aaron. (8)
A sufficient majority having voted therefor. the amendment carried.
Moved by Pernick supported by Doyon the resolution be amended after the BE IT RESOLVED
paragraph by adding the following:
BE IT FURTHER RESOLVED that the Oaklanu County Board of Commissioners supports this
proposal to help solve road problems in Oakland County and urges the citizens of Oakland County to
support the ballot question."
Commissioners Minutes Continued. March 24, 1988
The Chairperson ruled the amendment out of order.
Mr. Doyon appealed the ruling of the Chair.
The Chairperson stated a "yes" vote mill sustain the ruling of the Chair and it takes
213 of the votes to appeal the ruling of the Chair.
AYES: Caddell, Calandra, Crake, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn,
Lanni, Law, McConnell, McDonald, Moffitt, Rewold, Skarritt, Wilcox, Bishop. (17)
NAYS: Doyon, Angus McPherson, Rue] McPherson, Oaks, Pernick, Price, Aaron. (7)
A sufficient majority having voted therefor, the ruling of the Chair was sustained.
Moved by Price supported by Doyon the resolution be referred to the Finance Committee.
Mr. Lanni objected to the referral.
Vote an referral:
AYES: Doyon, Angus McPherson, Ruel McPherson, Oaks, Pernick, Price, Aaron. (7)
NAYS: Calandra, Crake, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Lanni, Law,
McConnell, McDonald, Moffitt, Rewold, Skarritt, Wilcox, Bishop, Caddell. (17)
A sufficient majority not having voted therefor, the motion to refer failed.
Vote on resolution as amended:
AYES: Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Lanni, Law,
McConnell, McDonald, Angus McPherson, Moffitt, Oaks, Rewold, Skarritt, Wilcox, Bishop, Caddell,
Calandro. (20)
NAYS; Ruel McPherson, Pernick, Price, Aaron. (4)
A sufficient majority having voted therefor, the resolution, as amended, waS adopted.
Report
By General Government Committee
IN RE: House Bill 5479 (Support) Amendment tO the Soil & Sedimentation Control Act, Act 347, P.A,
1972 (Miscellaneous Resolution #88059)
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. move the acceptance of
the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Misc. 88059
By Commissioners David L. Moffitt and Thomas A. Law
IN RE: House Bill 5479 (SUPPORT) AMENDMENT TO THE SOIL & SEDIMENTATION CONTROL ACT, ACT 347, P.A.
1972
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Drain Commissioner's Office has been designated as the
enforcing agency in Oakland County for the implementation of Act 347, of the Public Acts of 1972,
for the protection of the lakes and streams of the County; and •
WHEREAS in. order to assist the Drain Commissioner in carrying out his duties under Act
347, PA 1972, the Oakland County Board of Commissioners by Miscellaneous Resolution #82779 has
increased the number of County personnel for the soil erosion inspection function; and
WHEREAS the Drain Commissioner has recommended that in addition to the Increase in
personnel, his office needs, to have stronger enforcement power included in Act 347, PA 1972; and
WHEREAS House Dill 3479 was introduced in the Michigan House of Representatives on March
8, 1988 as an amendment to the provisions of Act 347 and provides stronger enforcement powers which
will improve the ability of the Oakland County Drain Commissioner to implement the purposes of Act
347; an'.'
WHEREAS the enactment of House Bill 5479 into law will improve the ability of the County
to control soil erosion and to protect the waters of the State of Michigan from sedimentation.
NOW THEREFORE DE IT RESOLVED that the Oakland County Board of Commissioners does hereby
support the enactment of House Bill 5479 into law to.improve and strengthen the enforcement powers
of the Soil Erosion and Sedimentation Act so that the beneficial public purposes of the Act can be
more effectively implemented in the State of Michigan.
96
97
Commissioners Minutes Continued. March 24, 1988
BE IT FURTHER RESOLVED that copies of this resolution be sent to all legislators from
Oakland County and to the County's Legislative Agent.
Mr. Chairperson, we move the adoption of the foregoing resolution.
David L. Moffitt, Commissioner Dist. 15
Thomas A. Law, Commissioner Dist. 26
Moled by Skarritt suppor—ced ay Jensen the report be accepted.
A sdfficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Susan Kuhn the resolution be adopted.
AYES: Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
A. McPherson, R. McPherson, Moffitt, Oaks, Rewold, Skarritt, Wilcox. Bishop, Caddell, Calandro,
Crake. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88064
By General Government Committee
IN RE: (SUPPORT) HOUSE BILL 5057 WHICH WOULD CREATE AN ACT TO PROVIDE ADEQUATE ENRICHMENT
STANDARDS FOR FLOUR AND CERTAIN OTHER FOOD PRODUCTS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Michigan food products should be as nutritious and desirable as products from
other states; and
WHEREAS enrichment of flour and bread products was initiated by federal law during World
War II when many young men failed physicals for military service due to poor nutritional status and
deficiency diseases and
WHEREAS this federal law was later rescinded along with several other World War
II-related laws; and
WHEREAS since then 34 states have enacted laws requiring that white flour used for bread
and rolls must be enriched with nutrients; and
WHEREAS 16 states, including Michigan, have no such laws so the white flour permitted in
these states is as nutrient deficient as the white flour used in the early years of this century
when deficiency diseases were common; and
WHEREAS House Bill 5057 would require adequate enrichment standards for flour, bread,
rolls, buns, bagels, pita bread, macaroni and noodle products at a negligible cost, (e.g. $.0006
per loaf of bread).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of CommissiOners supports
House Bill 5057.
HE IT FURTHER RESOLVED that copies of this resolution be sent to all legislators from
Oakland County and to the county's legislative agent.
Mr. Chairperson, on behalf of the General Government Committee. I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Report
By Health and Human Services Committee
IN RE: (Support) House Bill 5057 Which Would Create an Act to Provide Adequate Enrichment
Standards for Flour and Certain food Products
To the General Government Committee
Mr. Chairperson, Ladies and Gentlemen:
The Health and Human Services Committee, having reviewed the above referenced House Bill,
reports with the recommendation that the Oakland County Board of Commissioners support said bill.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I submit the
foregoing report.
HEALTH AND HUMAN SERVICES COMMITTEE
Susan G. Kuhn, Chairperson
Moved by Skarritt supported by Gosling the Health and Human Services Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Gosling the resolution be adopted.
Commissioners Minutes Continued. March 24, 1988
AYES: Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, A McPherson,
R. McPherson, Moffitt, Oaks, Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandra Crake, Gosling.
NAYS: doiio.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88065
By Heslth are HcmaA Services Committee
IN RE: Community Mental Health - 1987-88 GRANT APPLICATION REQUESTS COUNTY-OPERATED/COOTRAOTUAL
(MATCH REQUIRED)
fo the Oakland County 3oerC of Commissioners
Mr. Clairporson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Mental Health, in conformance with State law, requir€0
the Commanity Mental Foalth S.ervices Board to wbmit an annual assessment of unmet mental health
needs of Oakland County citizens, with grant application proposals addressing the most significant
of these needs; and
WHEREAS the Community Mental Health Services Board has submitted the attached proposals
for S -,:a'os, fund i n cor.sideretion for fiscal year 1587-88 in response to identified needs of Oakland
residents; and
iNEREAS these pruposdls are for expansion of both directly operated and contractual
services of the Community Mental Health Division, and would require County matching funds; and
i:HEREAS it is likely that, because of budget constraints at the State level, only a few,
if any, of the proposals albmitted will be funded, but the Community Mental Health Services Board
believes that it is important to document unmet needs and take all possible steps to secure the
resources required in Oakland County; and
WHEREAS Commissioners Resolution no. 86186 requires that all grant applications receive
Board of Commissioners approval;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
Community Mental Health 1987-88 Grant Application Requests as recommended by the Community Mental
Health Services Board, for submission to the Michigan Department of Mental Health.
BE IT FURrHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
be and is hereby authorized to sign said application for and on behalf of the County of Oakland.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the
adoption of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Susan Kuhn, Chairperson
Report to the Health and Human Services Committee
By Finance Committee
IN RE: Community Mental Health - 1987-1988 Program Application Requests, County -
Operated/Contractual
In accordance with Miscellaneous Resolution #86186, revised Federal and State grant
application and reimbursement contract procedures, the Finance Committee has reviewed the
comprehensive application for new or enhanced Community Mental Health Programs and finds:
1) The application consists of 78 program components of which 42 are for new or enhanced
County-operated programs and 36 are for contracted programs. These programs are targeted to serve
11,314 Oakland County citizens and would require 105 additional full-time equivalent County
personne1,
2) Total annual costs for the programs are estimated to be $18,588,584 of which
$1,322,080 would be provided by the County.
3) A schedule of anticipated revenues and expenditures is attached.
4) Application or acceptance of the Funds does not obligate the County to any future
commitment.
Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the
foregoing report:
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Susan Kuhn supported by Crake the Finance Committee report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Susan Kuhn supported by Oaks the resOlUtion be adopted.
AYES: Jensen, R. Kuhn, S. Kuhn, Lanni, McDonald, A. McPherson, R. McPherson, Moffitt,
Oaks, Frice,.Rewole, Skarritt, Wilcox, Bishop, Caddell, Calandro, Crake, Hobart. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
99
Commissioners Minutes Continued. March 24, 1988
Misc. 88058
By Personnel committee
IN RE: Institutional and Human Services Department - Medical Care Facility - CLASSIFICATION
CHANGES: UTILIZATION REVIEW COORDINATOR, ADMINISTRATIVE ASSISTANT-MC r AND SECRETARY II
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Manager-MCF has submitted a request to make certain classification changes in
three positions due to expansion and redistribution of duties; and
WHEREAS the Utilization Review Coordinator has taken on significant additional
responsibilities related to compliance regulation; and
WHEREAS the Administrative Assistant-NICE has absorbed a portion of the duties of the
Secretary II position. The employee has also assumed responsibility for coordination of the
division's computer system, supervision of clerical employees and the student program, and
monitoring of quality assurance reviews; and
WHEREAS proposed personnel changes would require no additional funding and would result in
a savings in salaries and fringe benefits for 1988.
NOW THEREFORE BE IT RESOLVED to implement the following position changes within the
Medical Care Facility:
1. To retitle the Utilization Review Coordinator classification to Admissions/Compliance
Officer and to change the salary grade from grade 10 to grade 11.
2. To retitle the Administrative Assistant-NICE classification to Supervisor-MU
Administrative Services and to change the salary grade from grade 8 to grade 9.
3. To downwardly reclassily the vacant Secretary II position (02843) to a Typist I.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. CaIandro, Chairperson
Fiscal Note
By Finance Committee
IN RE: Institutional and Human Services Department - Medical Care Facility - Classification
Changes: Utilization Review Coordinator, Administrative Assistant - MCF and Secretary II
(Miscellaneous Resolution #88058)
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 #88058 and finds:
1) The cost to reclassify the Utilization Review-Coordinator to Admissions/Compliance
Officer is $2,523/year.
2) The cost to reclassify the Administrative Assistant-MCF to Supervisor-MCF
Administrative Services is $4,212/year.
3') The savings created by reclassifying the vacant Secretary II to Typist I is
$11,310/year.
4) The following amendments to the 1988-1989 Biennial Budget are recommended:
1988 1989
Adjustments Adjustments
4-S2100-163-01-00-)001 Salaries $(6,18) $(8,208)
4-52100-163-01-00-2075 Fringes 770 1,010
4-52100-163-30-00-1001 Salaries 1,209 1,585
4-52100-163-30-00-2075 Fringes 716 930
4-10100-909-01-00-9900 Contingency 3,491 4,575
$ -0- $ -0-
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Calandra supported by Lanni the resolution (with a Fiscal Note attached) be
adopted,
AYES: R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, A. McPherson, R. McPhe„-son, Moffitt,
Oaks, Pernick, Price, Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandra, Crake, r1oLling, Hobart,
Jensen. (21)
A sufficient majority having voted therefor ; the resolution was adopted.
Commissioners Minutes Continued. March 24, 1988 100
REPORT-
By Planning and Building Committee
IN RE: 1987 ANNUAL REPCRT OF THE PLANNING AND BUILDING COMMITTEE
To the Oakland County Beard of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
In accordance with Section "E" of Rule X of the Board Rules, your Planning and Building
Committee has begun its biennial inspection of County-owned buildings and grounds. Several
buildings were visited on tours made thoughout the year. On February 3, 1987, the Courthouse was
inspected. On March 24, the Committee met at and toured the South Oakland Health Center. On April
7, the Executive Office Building was visited. The Committee inspected the Jail and Work Release
Facility on June I. On June 16, a meeting was held at the Springfield-Oaks Youth Activities Center
and on July 7, the Health Center and Medical Care Facility were inspected. On September 8, the
Committee saw the Administrative Annex II, the Central Garage, and the North Office Building. The
Administrative Annex I was visited on October 13 and the 1987 tours were completed with the
Community Mental Health Center on November 24. In general, those facilities visited were found to
be clean and well maintained. Minor deficiencies that were found were brought to the attention of
the appropriate staff and were corrected immediately. The balance of the building condition report
will be made upon conclusion of the building tours in 1988.
1987 was a very active year. Construction of the Jail continues and, at the end of 1987,
was approxiMately f;C) percent complete with occupancy projected for late this year. Other projects
begun in 1985 and completed in 1987 include the installation of air-conditioning in the Medical Care
Facility and retrofitting existing toilet facilities in various buildings to make them barrier free.
Projects begun in 1987 include the remodeling of the Work Release Facility to house 20
females and the remodeling of a vacant classroom wing in the Mental Health Center to accommodate the
Mental Health Administrative unit. Several projects were also done at Springfield-Oaks. New light
fixtures were installed in the large exhibit hall of the Youth Activities Center and that building
also received a new siding. We also participated in the construction of a pole barn for 4-H
activities during their annual fair.
Road and utility projects include the asphalt paving of the entrance road and parking lot
at the Trusty Camp and the relocation of Hospital Drive on the Service Center.
Your Committee also appointed an architectural selection sub-committee to screen
architectural firms interested in being considered for our upcoming Library, Computer Center, and
Courthouse Addition projects. Numerous interviews were conducted and a recommendation will be
forthcoming in 1988.
In related activities, the Facilities Engineering Division provided engineering services
to the Parks and Recreation Commission and the Airports. Fifteen new t -hangars were constructed at
Oakland/Pontiac Airport and nine were installed at Oakland/Troy. Environmental assessments for 60
community development projects in 32 Oakland County Communities were also prepared.
Progress continues to be made in energy management. Since 1977, energy consumption has
been reduced by 33 percent on the Service Center. At the end of 1987, this reduction has resulted
in cumulative savings of approximately $8,460,000.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Wilcox the Planning and Building report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Misc. 88066
By Planning and Building Committee
IN RE: Drain Commissioner/Department of Public Works - EVERGREEN AND FARMINGTON SEWAGE DISPOSAL
SYSTEMS POLLUTION CONTROL FACILITIES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended
(Act 342) the Board of Commissioners of the County of Oakland have heretofore, and from time to
time, directed that there be established, acquired, financed, maintained and operated one or more
county systems of water and sewer improvements and services in the county, and determined and
designated the Drain Commissioner of the County to be the financing agency of the County using the
powers set forth in Act 342, and the Department of Public Works to operate completed systems; and
WHEREAS the county established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
Districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, (herein the "Districts") which systems as so established were
designated as the "Evergreen and Farmington Sewage Disposal Systems", and the Oakland County Drain
Commissioner was designated and appointed as the "County Agency" for said County Systems as is
provided by said Act 342; and
101
Commissioners Minutes Continued. March 24, 1988
WHEREAS the State of Michigan Department of Natural Resources designated the areas and
districts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of Step i Facilities Planning and determined that there is a
need to obtain studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems and has ordered that all elements of the Facilities Plan shall be acquired and
financed simultaneously in order to be eligible for Federal and State grant funding; and
WHEREAS under and subject to the terms of Act 142, the county is authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as improvements to the County systems, the county and the several
units of local government in the Districts are authorized to enter into a contract or contracts as
hereinafter provided, for the acquisition and construction of the facilities by the county and for
financing all or part of the costs thereof by the issuance of one or more series of bonds by the
county secured by the pledge of the full faith and credit of each of the twits of local government
to pay its proportionate share of the costs of the facilities with interest to the county in
installments extending over a period not exceeding forty (40) years, and the county is authorized to
issue such bonds and, if authorized by majority vote of the members-elect of its Board of
Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest
thereon; and
WHEREAS the Step I Facilities Planning is completed in which the needed pollution control
facilities in the Districts are designated as Segment I and Segment 2 with Stages in each Segment
and on the basis thereof the county and the units of local government desire to proceed to
acquisition, construction and financing of the proposed Pollution Control Facilities for which
several contractual arrangements pursuant to Act 342 for design, construction and financing are
required with various combinations of the units of local government in the Districts which are the
participants in and users of the Evergreen and Farmington Sewage Disposal Systems (herein
'Systems"); and
WHEREAS the Facilities Plan and the provisions for the issuance of Federal and State
grants require contracting with the City of Detroit which will provide at the expense of Oakland
County and/or Wayne County facilities and service for the transportation and treatment of sewage
from the Districts served by the Systems; and
WHEREAS the County Agency has obtained preliminary plans for the several Stages of Segment
I and Segment 2 (herein the "project") and also estimates of the total cost of the several parts of
the project and an estimate of forty (40) years and upwards as the period of usefulness thereof, all
of which have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the
consulting engineers) submitted herewith for approval by the Board of Commissioners of the County
and the governing bodies of the several' units of local government and placed on file in the office
of the County Agency, said estimates being set forth in Exhibits attached to the several contracts
with the units of local government; and
WHEREAS in order to provide for the acquisition and cons/ruction of the facilities and
projects for the Systems by the county and the financing of the cost thereof by the issuance of
county bonds, and for other related matters, it is necesasary for the several units of local
government and the County to enter contractual arrangements set forth in forms of documents
submitted herewith; and
WHEREAS the several units of local government are each , in urgent need of such sewage
disposal improvements and pollution control facilities to provide the means of collecting and
disposing of their sanitary sewage and in order to abate pollution of the waters of the state and
thus to promote the health and welfare of the residents thereof, which improvements and facilities
would likewise benefit the county and its residents, and the parties hereto have concluded that such
improvements and facilities can be most economically and efficiently provided and financed by the
county through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and
Sc thereof; and
WHEREAS it is necessary, for the same reasons, that the county acting by and through its
Department of Public Works contract with the City of , Detroit for transportation and treatment of
sewage emanating from the Districts and finance the same by the issuance of revenue bonds of the
county; and
WHEREAS the forms of documents requiring. approval by and authorization to execute from the
Board of Commissioners, as submitted herewith have each been approved by the County Drain
Commissioner as County Agent named pursuant to Act 342, by the County Department of Public Works and
by the Planning and Building Committee of the Board of Commissioners and have each been approved ph
behalf of the several units of local government named as parties and are further specifically
described hereinafter.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1.. The AGREEMENT, EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL
FACILITIES, BEVERLY HILLS, dated as of March 1, 1988, between the County, by and through its County
Drain Commissioner as County Agency, and the Village of Beverly Hills and the Exhibit A; pages 1 and
2 and Exhibit 8, each dated February, 1988, and attached thereto, which agreement has been submitted
to this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain
Commissioners Minutes Continued. March 24, 1988 102
Commissioner be and he hereby is authorized and directed to execute and deliver the same for and on
behalf of the County in as many counterparts as may be deemed advisable, after the agreement has
been executed by the appropriate officials of the Village. A copy of said Agreement as submitted
shall he filed by the County Clerk with this resolution.
2. The EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEMS -OOLLUTION CONTROL FACILITES -
SOUThFiELD-FARMINGTON HILLS-CONTRACT, dated as of March 1, 1988, between the County by and through
its County Drain Commissioner, as County Agency, and the City of Southfield and City of Farmington
Hills and the Exhibit ,A, Exhibit B, pages 1 and 2 and Exhibit C, marked February, 1988, each
attached thereto, which Contract has been submitted to this Board of Commissioners, be and the same
is hereby approved and adopted, and the County Drain Commissioner be and he hereby is authorized and
directed to execute and deliver the same for and on behalf of the County in as many counterparts as
may he deemed advisable, after the agreement has been executed by the appropriate officials of the
two cities. A copy of said Contract as submitted shall be filed by the County Clerk with this
resolution.
3. The JETROII-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR THE EVERGREEN
FARMINGTON DISTRICT, AMENDMENT NO. 1, between the City of Detroit by and through its Board of Water
Commissioners and the County by and through its County Executive Department of Public Works', which
is an amendment to an earlier Agreement between the said parties dated August 29, 1984,. which
Amendment No. 1 has been submitted to this Board of Commissioners, be and the sage hereby is
approved and adopted, and the Chairman of the Board of Commissioners and the County Executive be and
they each hereby are authorized - and directed to execute and deliver the same for and on behalf of
the County, after the Amendment No. 1 has been executed by the appropriate officials of the City of
Detroit. A copy of said Amendment No. 1 shall be filed by the County Clerk with this resolution.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the •
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES
SOUTHFIELD AND FARMINGTON HILLS
CONTRACT
THIS CONTRACT, made and entered into as of the first day of March, 1988, by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "county"), by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF SOUTHFIELD and CITY OF FARMINGTON HILLS, each an Home Rule city corporation in said
county and state (hereinafter sometimes referred to as the "cities"), parties of the second part.
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3269, adopted
August 12, 1957, as amended by resolution Misc. No. 3435, adopted October 13 2 1958 2 did approve the
establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System') to
serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewaoe Disposal System Agreement, dated November 10,
1953, as amended by amendatory agreements dated December 22, 1958 and February 9 0 1959, all between
the County of Oakland and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village
and Troy, the Village of Nestwood (now Village of Beverly Hills), and the Townships of Bloomfield
and Pontiac, municipal corporations in said County. of Oakland, the said county acting through its
Department of Public Works, did acquire the original Evergreen Sewage Disposal System and did
finance such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the county in accordance with the provisions of said Agreement, as amended
(herein referred to as the 'Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted
March 6, 1963, did enlarge the Evergreen District to include all of the Village of Franklin and all
of the Village of Bingham Farms within the area to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
Augost 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve the
establishment of the Farmington Sewage Disposal System (herein called the 'Farmington System") to
serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1,
19E7, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between
the County of Oakland and the Cities of Southfield and Koego Harbor and the Townships of West
LOoomfield and Farmington (now City of Farmington Hills), municipal corporations in said County of
Oakland, the said county acting thru its Department of Public Works, did acquire the original
Farmington Sewage Disposal System and did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal corporations to the county in accordance with
the provisions of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
103
Commissioners Minutes Continued. March 24, 1988
WHEREAS by annexation of part of the former Township of Farmington the City of Farmington
has become a user of the Farmington System and has area included in the Farmington District; and
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake arki the City of Orchard Lake Village have become users of the Farmington System; and
WHEREAS the State of richigao Department of Natural Resources designated the areas and
districts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of Step I Facilities Planning and determined that there ls a
need to obtain- studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both. the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
districts heretofore designated and described- in Oakland. County, Michigan, in Resolutions No. 3269,
343-5 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No, 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the 'Evergreen
andFrmirgton Sewage Disposal System' and the Oakland County Drain Commissioner was designated and
appointed as the 'County Agency for said County systems with all the powers and duties with respect
to said County systems as are provided by law and especially by said Act 342; and
WHEREAS under and subject to the terms of Act 342, the county is authorized, through- the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as the County systems, the county and the cities are authorized to
enter into a contract, as hereinafter provided, for the acquisition and construction of the systems
by the county and for financing all or part of the cost thereof by the issuance of bonds by the
county secured by the pledge of the full faith and credit of the cities to pay such cost with
interest to the county in installments extending over a period not exceeding forty (40) years, and
the county is authorized to issue such bonds and, if authorized by majority vote of the
members-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of
such bonds and the interest thereon; and
WHEREAS the cities are in urgent need of such sewage disposal improvements and pollution
control facilities to provide the means of collecting are disposing of sanitary sewage of the
cities, in order to abate pollution of the waters of the cities and thus to promote the health and
welfare of the residents thereof, which improvements and facilities would likewise benefit the
county and its residents, and the parties hereto have concluded that such improvements and
facilities can be most economically and efficiently provided and financed by the county through the
exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and Sc thereof; and
WHEREAS the county and the cities desire to proceed with acquisition and construction of
facilities using a combination, of Federal. and State grant moneys and local funds as needed for a
part of the proposed Pollution Control Facilities as shown on Exhibit "A" hereto attached, for which
part contractual arrangements for design, construction and financing are required only with the two
cities among all of the municipalities named herein above as participants in and users of the
Evergreen and Farmington Sewage Disposal Systems (herein "Systems'); and
WHEREAS the County Agency has obtained preliminary plans for the county systems and also
an estimate of the total cost of the systems and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of which have been prepared by Hubbell, Roth , & Clark, Inc.
(hereinafter EOri;CtifT, es referred to as the Consulting i':ngineers) submitted , herewith for approval by the
Board of Commissioners of the County and the city councils of the cities and will be placed on file
in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached;
and
WHEREAS in order to provide for the acquisition and construction of the systems by the
county and the financing of the cost thereof by the issuance of county bonds, and for other related
matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and agree to the establishment, acquisition,
construction and financing of the Evergreen and Farmington Sewage Disposal Systems, as herein
provided, under and pursuant to Act 342. The cities by way of compliance with Section 29, Article
VII, Michigan Constitution of 1963, consent and agree to the establishment and location of the
systems within the corporate boundaries of each and to the use by the county of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
systems and any improvements, enlargements or extensions thereof, and the cities further agree that,
in order to evidence and effectuate the foregoing agreement and consent, eack will execute and
deliver to the county such grants of easement, right-of-way, license, permit or consent as may be
requested by the county. In addition, the City of Southfield grants the same rights to use of its
streets, highways, alleys, lands, rights-of-way or other public places to the City of Detroit for
location and construction of facilities to connect the Evergreen and Farmington Sewage Disposal
Systems to the transportation facilities of the DETROIT SYSTEM, as provided in the DETROIT-OAKLAND
AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR THE EVERCREEN-FARMAGTON DISTRICT entered into
simultaneously herewith between the CITY OF DETROIT and the COUNTY OF OAKLAND.
tics 11 be at
Commissioners Minutes Continued. March 24, 1988
2. The Evecereeh and Farmington Sewage Disposal Systems P1 on Control Facflities to
be dceuiren, constructed ano financed hereunder shall consist of the eaeflities .A) t7.xleihtt A
whch is hereuote attached and which is hereby made a part hereof, and as are more paeule .!'i
forth in the preliminary plans which have been prepared and submitted by the corsel
which plans are en file with the County Agency and are hereby approved and adopted
faci!ities herein invoved are to he acquired in two segments in two years as follows.
1988 Segment #1 Stage 1 and Stage 2
1989 Segment i2 Stage 3 and 4 and
Stage 7 South Pt
These segments are herein sometimes referred to as the "Project'. The Project
construeted substantially in accordance with the said preliminary plans and r.
plans and specifications to be prepared and submitted by the consulthig eheihee -. ho sRh:ors
therefrom which do not materiallv change the location, capacity or overa fles ,,y1 of the Pr- .eeec,
and which do not require an increase in the total estimated cost of the 2roj.oc , .e,htieperA
the authority of the County Acency. Other variations or changes may be (r..de if approv:
County Agency and by resolution of the Councils of the Cities and if provisions r-....!.: . ro by
Paragraph 8 hereof are made for payment or financing of any resulting increase she rhtal
estimated cost. The estimate of cost of the Project and the estimate of period of uelness
thereof as set forth in Exhibit 8 are likewise hereby approved and adopted.
3, The County Agency shall take or cause to be taken all actions required or necesy, tn
accordance with Act 342, to procure the issuance and sale of bonds by the County, in he
series, in whatever aggregate principal amount is necessary to be so financed to defray enat eart ef
the total cost to the county of the Project which is in excess of funds available from ic,eal
and/or State grants or other sources. Such bonds shall be issued in anticipation of, and be p-ayahle
primarily from, the payments to be made by the cities to the county as provided in this eontraet,
and shall be secured secondarily, if so voted by the Board of Commissioners of the county, by the
pledge of the full faith and credit of the county, and the said bonds shall be payable in annual .
maturities the last of which shall be not more than forty (40) years from the date thereof.
4. The County Agency shall proceed to take construction bids for the Project ali!, ,htject
to the sale and delivery of said bonds, enter into construction contracts with V,e lowest
responsible bidder or t)idders, procure from the contractors all necessary and p .--cv:r 000, cause
the Project to be constructed within a reasonable time, and do all other thires ti'!' this
contract and the laws of the State of Michigan. All certificates for rie.e.c: hhehs to
contractors shall he approved by the consulting engineers before presentation to the ctc Agency
and the latter shall be entitled to rely on such approval in making payment.
The county hereby agrees that it will secure, or cause to be secured, anr.'.
during the period of construction adequate property damage and public liability Thsceehe
all facilities to he constructed pursuant to this contract. All policies and memorarda i:eeenece
shall provide that the county and the cities shall be insured parties thereunder and sha71 a
provision requiring that the cities be notified at least ten days prior to cancellatou thereof.
One copy of each policy and memorandum of insurance shall be filed with the cities.
S. It is understood and agreed by the parties hereto that the systems fac -Piti's are to
serve the cities and not the individual property owners and users thereof, unIe.':$ 0hecial
arrangement between the County Agency and the cities. It is the responsibility of eech of the
Cities to require connection to and use of the facilities of the systems and to prei'le.: such
additional facilities, as may be needed, so that the cities shall require connection to an ,i use of
the facilities shall cause to he constructed and maintained, directly or through the che.hy, any
such necessary additional facilities. The county shall not be obligated hereunder or ere.eire or
construct any facilities other than those designated in paragraph 2 hereof.
6. The cities shall pay to the county the total cost of the Project, less such funk
may become available from Federal and/or State grants or from other sources, in local shares for
population equivalent assignments and cubic feet per second capacity el-vOc.nt asss as
described in paragraph 12 hereof and on Exhibit C hereunto attached. The total cev: for this
purpose shall include, in addition to the items of the nature set forth. ih E•yho'i B (repheeted by
the principal amount of the bonds to be issued by the county plus such fuL.Ls leece.cie evelable
from Federal and/or State grants or other sources), all interest payable ':ee the ceuntv honds
and all paying agent fees and other expenses and charges (including the Ceeihlei :h2ehey's
administrative expenses) which are payable on account of said bends (such f ees, expenses a-c energes
being herein called "bond service charges"). Such payment shall be made to the county in anethe! or
semi -annual installments which shall be due and payable at least thirty days prior to the dy f the
month specified in the county bonds as the annual principal maturity date thereof or semienhual
interest date. Such installments shall be so paid in each year, if any principal and/or
non-capitalized interest on saidbonds falls due during the twelve -month period beginning OR such
principal maturity date in said year, and the amount of each installment, so due and payable shall be
at least sufficient to pay all such principal and/or interest thus falling due and all bond service
charges then due and payable. The County Agency shall, within thirty days after (ielivery of the
county bonds to the purchaser, furnish the Treasurer of each of the cities with a complete zehedule
of the principal and interest maturities thereon, and the County Agency shall also, at least thirty
days before each payment is due to be made by the cities, advise the said Treasurer of the amount
payable to the county on such date. If either of the cities fails to made any payment to the county
104
15
Commissioners Minutes Continued. March 24, 1988
when due, the same shall he subject to a penalty of 1% thereof for each month or fraction thereof
that such amount remais unpaid after due. Failure of the County Agency to furnish the schedule
or give the notice as above required shall not excuse the cities from the obligation to make pay-
ment when due. Such payments shall be made by the cities when due whether or not the system has
then been completed or placed in operation but neither of the cities is responsible for any payment
due from the other. In the event that additional county bonds shall be issued under the authority
of th i s contract, to defray a part of the cost of the Project, the foregoing obligations shall apply
cc such part of the cost and to said additional bonds insofar as appropriate thereto, it doing
understood that at all times the obligations of the cities to pay hereunder shall not be less than
the amount of the county bonds outstanding and unpaid plus interest thereon.
7. The cities may pay in advance any amount payable to the county pursuant to this
contract and in that event shall be credited therefor an future-due amounts as may be agreed by the
parties hereto. The cities may also pay in advance any one or more installments or any part thereof
(a) by surrendering to the county any of said county bonds of like principal amount with all
future-due coupons attached thereto, or (0 by paying to the county in cash the principal amount of
any county bonds which are subject to redemption prior to maturity, plus all interest thereon to the
first date upon which such bonds may be called for redemption, and plus all applicable call premiums
and bond service charges, and in such event the County Agency shall call said bonds for redemption
at the earliest possible date. The installments or parts thereof so prepaid shall be deemed to be
the installments or parts thereof falling due in the same calendar year as the maturity dates of the
bonds surrendered or called for redemption and bonds and coupons so surrendered or redeemed shall be
cancelled.
8. In the event that it shall become necessary to increase the estimated cost of the
Project as nereinbefere stated, or if the actual cost of the system shall exceed the estimated cost,
whether as the result of variations or changes permitted or needed to be made in the approved plans
or otherwise, then (without execution of any further contract or amendment of this contract) the
Councils of the cities may, by resolution adopted within fifteen days after the receipt of
construction bids, direct that a portion of the Project not yet acquired or constructed and not
under contract to acquire or construct be deleted sufficient to reduce the total cost to an amount
which shall not exceed the total estimated cost of the Project, as hereinbefore stated, by more than
5%; provided that such deletion shall not materially change or terminate the eligibility of the
Project for Federal and/or State grants, or change the general scope, overall design, and purpose of
the Project. In the adoption of such a resolution the cities shall pay or procure the payment of
the increase or excess up to said 5% in cash or shall agree that county bonds in an increased or
additional amount shall (upon adoption of an authorizing resolution therefor by the Board of
Commissioners) be issued to defray such increased or excess cost, to the extent that funds therefor
are not available from other sources, Where the effect of any increase in estimated cost of the
Project or of any excess of actual cost over estimated cost would be to cause the total cost of the
Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County shall
not enter into any new or further contract or change order for acquisition or construction of the
Project or any part thereof or incur any new or further obligation for or pay any new or further
item of cost thereof until the councils of the cities shall have adopted a resolution approving such
increase or excess and agreeing that the same (or such part thereof as is not available from other
sources) shall be paid or its payment procured by the cities in cash or be defrayed by the issuance
of increa3e1 Dr additional county bonds in anticipation of increased or additional payments agreed
to be made by the cities or either of them to the county in the manner hereinbefore provided:
Provided, further, that the adoption of such resolution by the councils of the cities shall not be
required prior to or as a condition precedent to the issuance of additional bonds by the county, if
the county has previously issued or contracted to sell bonds to pay all or part of the cost of the
Project and the issuance of the additional bonds is necessary (as determined by the county) to pay
such increased, additional or excess costs as are essential to completion of the Project according
to the plans as last approved prior to the time when the previous bonds were issued or contracted to
be sole.
In the event that the actual cost of the Project is less than thetotal estimated
cost, then any surplus available to the county from the sale of county bonds shall, at the option of
the councils of the cities, be used either to improve, enlarge or extend' the systems or to apply
upon future payments due to the county, or to redeem bonds maturing or callable for payment within
one year or to purchase bonds of any maturity on the open market, provided that such surplus shall
be used to improve, enlarge or extend the systems only if authorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by cash payments to be made by the cities or by the proceeds of additional county
bonds, or such improvements, enlargements or extensions may be financed entirely from such cash
payments, where authorized by the councils of the cities. Where any such surplus is used to redeem
or purchase bonds, the same shall becancelled, and the payments thereafter required to be made by
the cities to the county shall he reduced so as to reflect the resulting saving of interest and the
payment required to be made by the cities in the calendar year of the stated maturity of said bonds
shall be reduced by the principal amount thereof,
10. Should either of the cities fail for any reason to pay the county at the times
specified, the amounts herein required to be paid, each of the cities does hereby authorize . the
Commissioners Minutes Continued. March 24, 1988 106
Sfate or other of charged with the disbursement of unrestricted state. funds
reorriab1 to the cities 2ursuant to the Michigan Constitution to withhold suffic4ent funds to make . . . . .
up any default or rheficioncy in funds. if the full faith and credit of the county is pled9ed for
the prompl. payment of the principal of and interest on the bonds to be issuer', by the courqy and if
the cs.mn ..7 required to advance any if,oney by reason of such pledge on account of the delinquency
of either of the cities, the County Treasurer is hereby authorized to notify the State Treasurer to
deduct toe amount of money so advanced by the county from any unrestricted moneys in the State
Treasurer's pr,ssession belonging to such of the cities and to pay such amount to the county.
'fta- foregoing shell not operate to limit the county's right to pursue any other legal
re;Teb•es for the reimbursement of moneys advanced on account of the default of either of the cities.
11, The cities, pursuant to the authorization of Section 5a of Act No.. 342, do each
hers'oy Hedje its full faith and credit for the prompt and timely payment of its obligations
er.pressed in this cohtrct and shall each year levy a tax, within applicable tax limitations la an
amount which, taking into consideration estimated delinquencies in tax collections, el1 be
sufficient to pay its opligations under this contract as a first budget obligation becoming doe
before the time of the following year's tax collections: Provided, however, that if at the time of
making its annual tax levy, the cities or either of them shall have on hand cash or other funds
which have been set aside and pledged or are otherwise available for the payment of such contractual
obligations falling due prior to the time of the next tax collection then the annual tax levy may be
reduced by such amount. The council of each of the cities shall each year, at least 90 days prior
to 'c.na final ('_,ate provi(ed by law for the making of the annual tax levy, submit to the County Agency
ritten statement setting forth the amount of its obligations to the county which become due and
payable tider this contract prior to the time of the next following year's tax collections, the
amount of the funds which each of the cities has or will have on hand or to its credit in the hands.
of the county which have been or will be set aside and pledged for payment of said obligatiehs to
the county, and the amount of the cities taxes next proposed to be levied for the purpose of raising
:Icney to meet such obligations. The County Agency shall promptly review such statement and, if he
frids that the proposed tax levy is insufficient, he shall so notify the councils of the cities and
each cif the cities hereby covenants and agrees that it will thereupon increase its levy to such
extent as Nay be required by the County Aoency,
12. As shown on Exhibits A and C. the Pollution - Control Facilities to be acquired by
cowpIetion of the Project are to supplement, improve, extend and enlarge the systems as parts of
tni: Evergreen System ane the Farminton - System and will serve additional population and provide
ad,Jtional capacity in each of the cities in the proportions shown on Exhibit C. The provisions of
the Evergreen Agreement and of the Farmington Agreement, to the extent not specifically amended or
elimicated hereby, shall apply to the total systems when completed and placed in operation and shall
continue in full effect including any rights now or hereafter existing by contract on behalf of the
systems by the county with the City of Detroit and/or the County of Wayne relative to treatment or
transportation of sanitary wastewater and other pollution control activities.
As indicated on Exhibit A, there are other Pollution Control Facilities proposed by the
Step I Facilities Planning (herein "future facilities") as well as the facilities described in
paragraph 2 hereof as Segment CI and Segment #2 (herein "current facilities"). Even though the
cities are the only units of local government now contracting with the county, it is understood that
by reason of the Evergreen Agreement and the Farmington Agreement and because of the Step I
Facilities Planning, all of the units of local government named hereinabove as parties to those
Agreements therein "system participants") or as users or potential users of the systems are entitled
to a snare of capacity in, and may be obligated to participate in sharing the cost of, and in using,
the Proposad Pollution Control Facilities or any pert or parts thereof (including this Project).
Such participation shall be administered by the county in dividing and assigning (l) shares of
population to be served, (2) capacity to be available and (3) costs to be shared and the decisions
of the county in this regard shall be final. However, no system participant shall be permitted by
the county to use any increased systems capacity made available to it beyond its originally
purchased. system capacity as a result of the construction of the facilities provided for herein and
paid for by the cities or by action of the county in dividing and assigning, as above, nor to add to
or enlarge the Districts within the boundaries of such system participant unless and until said
system partici part has made payment in such amount as is determined by the county. Said payment
shall include all construction related costs and administrative costs incurred by the cities
associated ofth the increment of additional system capacity utilized by the system participant and
shall include interest equal to the interest amount paid by the cities in connection with the
finanoinc,: of the facilities provided for herein. Said payment shall be made in cash to, or by
contract to pay with, the county. Payments so received by the county shall be credited as
appropriate to the cities. The county further agrees annually to monitor and/or audit system flows
generated from within each system participant to ensure that the cities receive proper reimbursement
as provided for above and the county agrees to provide the results of said audit to the Cities and
tne system participants.
13. This cortract is contingent upon the county issuing its negotiable bonds as herein
provided, to defray such part of the total estimated cost of the system as is necessary to be
financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of
said Act 342. Interest on the bonds shall. be capitalize(' and paid from the bond proceeds for a
period not exceeding the estimated construction period and one year thereafter. In the event that
107
Commissioners Minutes Continued. March 24, 1988
the bonds are not issued within three years from the date of this contract, then unless extended by
mutual agreement it shall become null and void, except that the cities shall pay a share of all
engineering, legal and other costs and expenses theretofore incurred as part of Step I Facilities
Planning and hereunder and shall be entitled to all plans, specifications and other engineering data
and materials, as provided in resolutions heretofore adopted by the cities and other units of local
government pertaining thereto.
14. Upon completion of the Project the county and the cities hereby agree that the
operation and maintenance of all the facilities of the systems shall be carried on and continued in
the same fashion and manner as integral parts of the systems as provided in paragraph 5 hereof and
as are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington
Agreement, with costs thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available from the State or Federal governments or
any other source, the cities hereby agree to adopt such resolutions or ordinances as may be required
by State or Federal laws, regulations or orders to make the County of Oakland and the systems and
Districts eligible to accept and receive the grant, advance or payMent, and if the terms of the
grant, advance or payment require a local contribution, the cities hereby agree to raise and
contribute its share thereof as herein provided.
It is anticipated between the parties hereto that the Project to be built shall qualify
for a segmented Federal grant in accordance with the Code of Federal Regulations, Part 40 Sec.
35.2108. For purposes of financing the Project, it is anticipated that the Project shall be
eligible for Federal grants with respect to Segment #1 and Segment #2 in the amounts as noted on
Exhibit B. The applicant, Oakland County, in accordance with the requirements of said Sec. 35.2108,
agrees to complete the Project regardless of whether or not grant funding is available for both
Segments, in accordance with the requirements of said Sec. 35.2108, except that the Project shall
not be commenced unless a grantof at least 55% of the eligible cost of Segment #1 of the Project is
received,
15. The county shall have no obligation or responsibility for providing facilities except
as herein expressly provided with respect to the acquisition of the Project or as otherwise provided
by contract. The cities shall have the authority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewersor related facilities, connecting the same tb the systems, and otherwise improving
the systems. It is expressly agreed, nevertheless, that no such connection shall be made to the
systems and no improvements, enlargements or expansions thereof shall_oe made without first securing
a permit therefor from the County Agency. Any such permit may be made conditional upon inspection
and approval of new construction by the County Agency. It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage only and that the cities shall take all
necessary action to prevent entry into the systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of
such a character as to be injurious to the system or to the public health and safety,
16. All e•wers, duties and functions vested by this contract in the county shall be
exercised and perforile,I by the County Agency, for and on behalf of the county, unless otherwise
provided by law or in this contract, The County Agency shall prepare, with the aid of its
consultants, such covenants, representations and warranties and have adopted by officials of the
county and of the cities such procedures for construction, accounting, payment and operating as are
necessary to comply with the requirements of state and federal law in order to create and maintain
the obligations of the cities and of the county under this contract and with respect to the bonds as
valid and binding obligations and in order to create and maintain the bonds as tax-exempt
obligations under state and federal income tax law. Such covenants, representations and warranties
and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for
the County Agency which the cities and the county all hereby agree to approve, execute and adopt at
or prior to issuance and delivery of any bonds.
17. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the county under the provisions of Act 342, and secured by the full faith and credit
pledge of the cities to the making of the payments as set forth in this contract, will have
contractual rights in this contract, and it is therefore covenanted and agreed that so long as any
of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this contract, by amendment, supplemental contract or otherwise, is nevertheless reserved insofar as
the same do not have such adverse effect. The parties hereto further covenant and agree that they
will each comply with their respective duties and obligations under the terms of this contract
promptly, at the times and in the manner herein set forth, and will not suffer to be done any act
Which would in any way impair the contract of said Ponds, the security therefor, or the prompt
payment of principal and interest thereon. It is hereby declared that the terms of this contract
and of any amendatory or supplemental contract and any contract entered into pursuant hereto,
insofar as they pertain tb said bonds or to the payment of the security thereof, shall be deemed to
be for the benefit of the holders of said bonds.
18. In the event that any one or more of the provisions of this contract shall for any•
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
Commissioners Minutes Continued. March 24, 1988 108
or unenforceability shall not affect any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable provision has never been contained herein.
15%. This contract shall become effective upon its execution by each party hereto and the
expiration of 45 days after the date of publication of the notice required by Section 5b of Act 342;
Provided, however, that if, within the 45 day period, a proper petition is filed with the City Clerk
of either of the cities in accordance with the provisions of said Section 5b of Act 342, then this
contract shall not become effective as to that one of the cities until approved by the vote of
a majority of the electors of that one of the cities qualified to vote and voting thereon at a
general or special election, This contract shall terminate forty (40) years from the date hereof or
on such earlier date as shall be mutually agreed: Provided, however, that it shall not be terminated
at any time prior to the payment in full of the principal of and interest on the count bonds
together with all bond service charges pertaining to said bonds. This contract may be executed in
several counterparts. The provisions of this contract shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
20. The Contract, dated as of July 1, 1984, and the Contract, dated as of October 1,
1986, each between the partis hereto and bearing the same name and title are each hereby cancelled
and replaced in the entirety by this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
paeties, all as of the day and year first above written.
CITY OF FARMINGTON HILLS COUNTY OF OAKLAND
By Mayor
By City Clerk By County Drain Commissioner
(County Agency)
CITY OF SOUTHFIELD
By Mayor
By City Clerk
Copy of Exhibits "A", "B" AND 'IC on file in County Clerk's Office,
AGREEMENT
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES
BEVERLY HILLS
THIS AGREEMENT made as of this 1st day of February, 1988, by and between the COUNTY OF
OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its County
Drain Commissioner, (hereinafter referred to as the "County Agency"), party of the first part and
the VILLAGE OF BEVERLY HILLS, a municipal corporation in the County of Oakland (hereinafter called
the "village"), party of the second part:
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Misc, No. 3269, adopted on
August 12, 1957, as amended by Resolution, Misc. No. 3435, adopted on October 13, 1958, did approve
of establishment of the Evergreen Sewage Disposal System to serve the Evergreen Sewage Disposal
District; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10,
1958, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between
the County of Oakland and the Cities of Birmingham, Bloomfield Hills, Lathrup Village, Troy and
Southfield, the Village of Westwood (now Beverly Hills) and the Townships of Bloomfield and Pontiac,
municipal corporation in said County of Oakland, the said County, acting through its Department of
Public Vora's, did acquire the original Evergreen System and did finance such acquisition by the
issuance of bonds in anticipation of payments to be made by said municipal corporations to the
County in accordance with the provisions of said agreement, as amended (herein referred to as the
"Base Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
August 12, '1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve
the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System")
to serve the Farmington Sewage Disposal District (herein called the "Farmington District") within
which District are included areas in each of the municipal corporationshereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1,
1957, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between
the County of Oakland and the Cities of Southfield and Keego Harbor and the Townships of West
Bloomfield and Farmington (now City of Farmington Hills), municipal corporations in said County of
Oakland, the said county acting thru its Department of Public Works, did acquire the original
Farmington Sewage Disposal System and did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal corporations to the county in accordance with
the provisions of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington, the City of Farmington
has become a user of the Farmington System and has area included in the Farmington District; and
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and
109
Commissioners Minutes Continued. March 24, 1988
WEEE1:EA5 the State of Michigan Department of Natural Resources designated the areas and
districts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of step I Facilities Planning and deterOined that there is a
need to obtain studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems, and
WHEREAS the county established under and pursuant to Act No, 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
districts heretofore designated and destribed in Oakland County, Michigan. in Resolutions No. 3269,
3435 and 4115 as the Evergreen. Sewage Disposal District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen
and Farmington Sewage Disposal Systems' and the Oakland County Drain ComMissio -ler was designated and
appointed as the "County Agency" for said County systems as are provided by lay and especially by
said Act 342; and
WHEREAS under and subject to the terms of Act 342, the county is authorized, through the
County Agency, to acquire and construct the sewage disposal improveMents and pollution control
facilities hereinafter described as the County systems, the county and the village are authorized to
enter into a contract, as hereinafter provided, for the acquisition and construction of the systems
by the county and for financing all or part of the cost thereof' by the issuance of bonds by the
county secured by the pledge of the full faith and credit of the village to pay such cost with
interest to the county in installments extending over a period not exceeding forty (40) years, and
the county is authorized to issue such bonds and, if authorized by majority vote - of the
members-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of
such bonds and the interest thereon; and
WHEREAS the village is in urgent need of such sewage disposal improvements and pollution
control facilities te provide the means of collecting and disposing of sanitary sewage of the
village, in order to abate pollution of the waters of the village and thus to promote the health and
welfare of the residents thereof, which improvements and facilities would likewise benefit the
county and its residents, and the parties hereto have concluded that such improvements and
facilities can be most economically and efficiently provided and financed by the county through the
exercise of the powers conferred by Act 342, and especially Sections 5a, SO and Sc thereof, and
WHEREAS the Step I Facilities Planning is completed in which the needed pollution control
facilities are designated as Stage 5 of Segment 2 and on the basis thereof the county and the
village desire to proceed into Step II and Step III, using a combination, as for Step I, of Federal
and State grant moneys and local funds as needed for a part of the proposed Pollution Control
Facilities as shown on revised Exhibit A-1988 hereto attached, for which part contractual
arrangements for design, construction and financing are required only with the village among all of
the municipalities named norefnabove as participants in and users of the Evergreen and Farmington
Sewage Disposal Systems (herein "Systems'); and
WHEREAS the County Agency has obtained preliminary plans for the said Stage 5 of Segment 2
(herein the 'Project') and also a revised estimate of 200,000,00 as the total cost of the project
and an estimate of forty (40) years and upwards as the period of usefulness thereof, all of which
have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter Sometimes referred to as the
consulting engineers) submitted herewith for approval by the Board of Commissioners of the County
and the village council of the village and placed on file in the office of the County Agency, said
estimates being set forth in revised. Exhibit 8-1988 hereunto attached; and
WHEREAS in order to provide for the acquisition and. construction of the systems by the
county and the financing of the cost thereof by the issuance of county bonds, and for other related
matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows:
1. The preliminary plans and specifications for the project as prepared by the consulting
engineers, are hereby approved and adopted, and the revised estimate of cost thereof is approved and
adopted in the amount as set forth on revised Exhibit 8-1988 hereto attached. The said project
shall consist of local relief sewers, new pump stations and force main and improvements to existing
pump stations all located approximately as set forth and generally shown on revised Exhibit A-1988
hereto attached_ The said plans and specifications and estimate of cost shall be submitted to the
County Board of Commissioners, together with an order or resolution approved by the County Agency,
providing for the issuance of bonds by the county as hereinafter provided, in an aggregate principal
sum not exceeding the amount of the capital cost as hereinafter defined. If such bond order or
resolution shall be adopted. by said Board of Commissioners, then the County Agency shall proceed to
secure bids for the construction of the project, to secure bids for the purchase of the bonds, to
award construction contracts and to issue the bonds, and shall cause the project to be constructed
within a reasonable time thereafter.
2. The said project is designed for, and shall be used for, the collection and
transportation of sanitary sewage only. Said project may be divided into sections by the County
Agency for the purpose of construction and the letting of construction. contracts.
The project shall be acquired and constructed substantially in accordance with the said
preliminary plans and in accordance with final plans and specifications to be prepared and submitted
by the consulting engineers, but variations therefrom which do not materially change the location,
Commissioners Minutes Continued. March 24, 1988 110
capacity or overall design of the project, and which do not require an increase in the total
estimated cost of the projecM, may be permitted on the authority of the County Agency, Other
variations or changes may be made if approved by the County Agency and by resolution of the Council
of the village and it provisions required by Paragraph 6 hereof are made for payment or financing of'
any resulting increase in tne total estimated cost.
The county hereby agrees that it wil/ secure, or cause to be secured, and maintained
during the period of construction adequate property damage and public liability insurance covering
al facilities to be constructed pursuant to this agreement. All policies and memoranda of
insurance shall provide that tne county and the village shall be insured parties thereunder and
shall contain a provision requiring that the village be notified at least ten days prior to
cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the
village.
3. The pollution control facilities of said project being an extension of the Evergreen
and Farmington Sewage Disposal Systems and being a part of the ultimate county system to serve the
Evergreen and Farmington Sewaoe Disposal Districts, as enlarged, the provisions of paragraphs 3 thru
S and 11 ttru 18 of the Base Aoreement shall continue in full force and effect notwithstanding this
Agreement. The said project is designed so that the facilities thereof will serve the areas in the
Village of Beverly Hills, now included in said evergreen and Farmington Sewage Disposal Districts,
as enlarged - Properties within said village to be served by said facilities shall be connected
thereto only upon such terms and conditions as are prescribed by the village and as may be
appropriate, in addition to the terms and conditions prescribed in the Base Agreement. No areas not
in said village shall be served by or connected to said facilities except by agreement of the
parties hereto in sasiting. The county or the villaue snail not permit the discharge into said
facilities of any sewage in violation of the Base Agreement.
4. Said village shall pay to the county, to cover the capital cost of the project, a sum
equal to 100% of the capital cost thereof less such part thereof as may be paid by Federal and/or
State grants.
The term "capital cost" as above used, shall include all items of cost set forth in
revised Exhibit 3-1988 attached hereto and any changes thereto and any other or additional items of
cost, of a similar type or nature, as may be set forth in any further revision of Exhibit B agreed
tc by the parties hereto, incurred by the county in acquiring and constructing the project.
If a grant, advance or payment becomes available from the State or Federal governments or
any other source, the village hereby agrees to adopt such resolutions or ordinances as may be
required by State or Federal laws, regulations or orders to make the County of Oakland and the
systems and Districts eligible to accept and receive the grant, advance or payment, and if the terms
of the erant, advance cr payment require a local contribution, the village hereby agrees to raise
and contribute its share thereof as herein provided.
It is anticipated between the parties hereto that the project to be built shall qualify
for a segmented Federal grant in accordance with the Code of Federal Regulations, Part 40 Section
35.2102. For purposes of financing the project, it is anticipated that the project shall be
eligible for Federal grants with respect to Stage 5, Segment 2 in the amounts as noted on Exhibit
8-19E8. The applicant, Oakland County, in accordance with the requirements of said Section 35.2108,
agrees to complete the project regardless of whether or not grant funding is available for the
project, in accordance with the requirements of said Section 35.2108, except that the project shall
not be corii:neeed unless a grant of at least 55% of the eligible cost of Segment #1 of the Pollution
Control Facilities described in the Step I Facilities Plan is received.
5, The vi lain shall pay to the county the total cost of the Project, less such funds as
may become available from Federal and/or State grants or from other sources. The total cost for
this purpose shall include, in addition to the items of the nature set forth in Exhibit 8-1988
(represented by the principal amount of the bonds to be issued by the county plus such funds as may
become available from Federal and/or State grants or other sources), all interest payable by the
county on said bonds and all paying agent fees and other expenses and charees (including the County
Agency's adMiniserative expenses) which are payable on account of said bonds (such fees, expenses
and charges peeing herein leel 'bond service chari,es"). Such payment shall he made to the county
in annual or semiannual installments which shall be due and payable at least thirty days prior to
the day of the month specified in the county bonds as the annual principal maturity date thereof or
semiannual interest date. Such installments shall be so paid in each year if any principal and/or
noncapitalleed interest on said bonds falls due during the twelve month period beginning on such
principal maturity data in said year, and the amount of each installment so due and payable shall be
at least sufficient to pay all such principal and/or interest thus falling doe and all bond service
charges then due and payable. The County Agency shall, within thirty days after delivery of the
county bones to the purchaser, furnish the Treasurer of the village with a complete schedule of the
principal and interest maturites ti -eereon, and the County Agency shall also, at least thirty days
before each payment is due to be made by the village, advise the said Treasurer of the amount
payable to the county on such date. If the village fails to make any payment to the county when
dec., the same shaii be subject to a penalty of 1% thereof for each month or fraction thereof that
snch amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give
the netiec. as above required shall not excuse the village from the obligation to make payment when
due. Snch payments shall he made by the village when due whether or not the system has then been
completed or placed in operation. In the event that additional county bonds shall be issued under
the authority of this contract, to defray a part of the cost of the Project, the foregoing
111
Commissioners Minutes Continued. March 24, 1988
obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate
thereto, it being understood that at all times the obligation of the village to pay hereunder shall
not be less than the amount of the county bonds outstanding and unpaid plus interest thereon.
6. The village may pay in advance any amount payable to the county pursuant to this
contract and in that event shall be credited therefor on future due amounts as may be agreed by the
parties hereto. The village may also pay in advance any ore or more installments or any part.
thereof (a) by surrendering to the county any of said county bonds of like principal amount cite all
future due coupons attached thereto, or (b) by paying to the county in cash the principal amount of
any county bonds which are subject to redemption prior to maturity, plus all interest thereon to the
first date upon which such bonds may be called for redemption, and plus all applicable call premiums
and bond service charges, and in such event the County Agency shall call said bonds for redemption
at the earliest possible date. The installments or parts thereof so prepaid shall be deemed to be
the installments or parts thereof falling due in the same calendar year as the maturity dates of the
bonds surrennered or called. for redemption and bends and coupons so surrendered or redeemed shall he
cancelled_
7. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the system shall exceed the revised
estimated cost, whether as the result of variations or changes permitted to be made in the approved
plans or otherwise then (without execution of any further contract or amendment of this contract)
the council of the village may, by resolution adopted within fifteen days after the receipt of
construction bids or receipt of notice of increased actual cost pay or procure the payment of the
increase or excess in cash, or county bonds in an increased or additonal amount shall (upon adoption
of an authorizing resolution therefor by the Board of Commissioners) be issued to defray such
increasedor excess cost, to the extent that funds therefor are not available from other sources:
Provided, however that the adoption of such resolution by the council of the village shall not be
prior to or as a condition precedent to the issuance of additional bonds by the county, if
the county has previously issued or contracted to sell bonds to pay all or part of the cost of the
Project and the issuance of the additional bonds is necessary (as determined by the county) to pay
such increased, additional or excess costs as are essential to completion of the Project according
to the plans as last approved prior to the time when the previous bonds were issued or contracted to
be sold,
S. The installment payments mentioned in paragraph 5 above shall be computed upon the
revised estimated cost until the actual cost has been determined. If the actual cost shall be less
than the revised estimated cost, then any surplus from the sale of bonds therefor shall be used to
purchase such bonds on the open market, and in such event the aggregate installment from the village
in the year or in each of the years in which the bonds so purchased mature, shall be reduced by the
principal amount of such bonds and the village shall be credited. Any bonds so purchased shall be
cancelled. As an alternative, by agreement of the parties hereto, such surplus may be used for
further eetensions in the village. The estimated cost above referred to shall be that set forth in
revised. Exhibit, B-1988 hereto or as revised prior to the issuance of bonds. If the actual cost
shall be greater than the revised estimated cost, then the additional amount shall be charged to the
village and the several then remaining installments for the village shall be increased accordingly.
9. The village does hereby pledge its full faith and credit for the prompt payment of the
aforesaid obligations and shall each year levy a tax within applicable tax limitations in an amount
Which, tak•H:J, irto consideration estimated delinquencies in tax collections, will be sufficient for
the prompt payment of its obligations falling due under this agreement as a first budget obligation
before the time of the following year's tax collection, unless at the time of making such annual
levy there shall be cash on hand or other funds which are available or pledged or earmarked for the
payment of the current obligations for which the tax levy is to be made, in which case the annual
tax levy may be reduced by that amount. Funds for which credit may be so taker, may be raised in
the manner provided in Section 5a of said Act 342, Public Acts of 1939, as now existing or hereafter
amended.
10. Toe county shall issue its negotiable bonds to defray the capital cost of said
project, which bonds shall be secured primarily by the full faith and credit pledge of the village
under this agreement and secondarily by the full faith and credit pledge of the County.
This agreement is contingent upon the county issuing its negotiable bonds as herein
provided, to defray such part of the total estimated cost of the project as is necessary to be
financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of
said Act 342. Interest on the bonds shall be capitalized and paid from the bond proceeds for a
period not exceeding the estimated construction period and one year thereafter, In the event that
the bonds are not issued within three years from the date of this agreement, then unless extended by
mutual agreement it shall become null and void, except that the village shall pay a share of all
engineering, legal and other costs and expenses theretofore incurred as part of Step I Facilities
Planning and hereunder and shall be entitled to z11 plans, specifications and other engineering data
and materials, as provided in resolutions heretofore adopted by the village and other units of local
government pertaining thereto.
11. Upon completion of the project the county and the village hereby agrees that the
operation and maintenance of all of the facilities of the systems shall be carried on and continued
in the same fashion and manner as integral parts of the systems as are now in existencd and in
effect pursuant to the Evergreen Agreement and the Farmington Agreement, with costs thereof billed,
ssioners Minutes Continued. March 24, 1988 11?
collected and paid as at present. The village co.:.'enaiits and acres to reeuire the connection to and
use of all facilities of the systems 5y all premises in the village from which sanitary sewage
emanates row or hereafter and to impose and collect sewage disposal fees and charges for such
concoction and Jse from all residents and use in the village.
12. Tne count/ shall naye no obligation or responsibility for providing facilities ehcept
cs hcren cApresdly ,Jroviadd with respect to tne acquisition of the project or as otherwise provided
agreamett. The village shall nave the adthority and the responsibility to provire such other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connecting the same to the systems, and otherwise improving
the systems. It :s cAprcssly agreec, nevertheless, that no such connactica (other than individual
tadinsi slial ha made to tne systems aha no improvements, enlargements or extehsiohs thereof srall
be made without first securing a permit therefor from the County Agency. Any such permit may be
macie conditional upon inspection and approval of new construction by the County Agency. It is
further agreed teat the systems shall Pe used for collection and conveyance of sanitary sewage only
and tnat toe village shall take all necessary actlon to prevent entry of sewage or wastes of suer; a
character as to oe injurious to the system or to the public health and safety.
l3. All powers, duties ahd functions vested by this agreement in the county shall be
exercised aaid rfarmed by the C.Lounty Agency, fer and on behalf of the county, unless otherwise
provided ay law or this agraemeent.
14. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the county under the provisions of Act 342, and secured by the full faith and credit
pLL:tige of the villago to the making of the payments as set forth in this agreement, will have
contracfaal rights in this agreement, and it is therefore covenanted and agreed that so long as any
of said bonds shall remain outstanoing and unpaid, the provisions of this agreement shall not be
sun:jeez to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this agreement, by amendment, supplcmental agreement or otherwise, is nevertheless reserved insofar
as the same- do not have such adverse effect, the parties hereto further covenant and agree that
they will each comply with their respective duties and obligations under the terms of this agreement
promptly, at the times and in toe manner herein set forth, and will not suffer to be done any act
which would in any way impair the agreement of said bonds, the security therefor, or the prompt
puyent of pt.incipal and interest thereon.
1:;.. The provisions of this agreement shall not be modified or terminated so as to impair
the security of Any uonos issuad by the county upon the full faith and credit pledges of the
village. It is here -::y declared that the terms of this agreement insofar as they pertain to the
security of any such bonds, shall be deemed to be for the benefit of the holders of said bonds.
)6. The Village of Severly Hills consents tu the use by toe county of the public streets,
alley s, lands and rights-of-v.dy in the village for the purpose of constructing, operating and
maintaining the facilities of the project and of any improvements, enlargements and extensions
thereto. The village reaffirms its covenant and warrant that all sanitary sewage originating
therein shall Pe delivered only to the Evergreen and Farmington Sewage Disposal Systems, including
extensions thereto, for transportation therein c. ultimate disposal. Lands (other than highways)
oonee oy a' order the ,ilrisdiction of the village or the county, located within the Evergreen and
Farmington ;;C:w.ae Disposal Districts, shall be liable,. if sanitary sewage emanates therefrom, to the
same extent as privately owned lands, to pay the charges for sewage disposal services with respect
thereto.
17. This agreement shall become effective upon its execution by each party hereto and the
epiration of 45 da .y s ai'ter the date of publication of the notice required by Section Sb of Act 342;
Provided; however, that if, within the 45 day period, a proper petition is filed with the Village
Clerk in accordance with the provisions of said Section 5b of Act 342, then this agreement shall not
become effective until approved by the vote of a majority of the electors of the village qualified
to vote or voting fneroon as a general or special election. This agreement shall terminate forty
(45) years from tree date hereof or on such earlier date as shall be mutually agreed: Provided,
hohever, rnat it shull hot be terminated at any time prior to the payment in full of the principal
of and interest. on the county bonds together with all bond service charges pertaining to said bonds.
This agreement may be executed in several counterparts. fhe provisions of this agreement shall
inure to the benefit of and be binding .upon the successors and assigns of the parties hereto.
18. The Agreement of the same name,, dated as of October 1, 1986, between the parties
hereto is hereby Cdocellod and totally replaced by this AgreeMent.
Di WITNESS ..4lIERLJ.,=, the parties hereto have caused this agreement to be executed and
delivered by the uhdersigned being duly authorized by the respective governing bodies of such
parties, all as of the day and year first above written.
VILLAGE 3F LIEVERLY HILLS COUNTY OF OAKLAND
by Presicent My County Drain Commissioner
(County Agency)
By Village Clerk
iCopy of Exhibits "A" and "B" on file in County Clerk's Office.)
Comm
113
Commissioners Minutes Continued. March 24, 1988
DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS
FOR THE EVERGREEN-FARMINGTON DISTRICT AMENDMENT NO, I
This Agreement made and entered into this first day of March, 1988, by and between the
CITY OF DETROIT, a Municipal Corporation of the State 6-f Ilichigan (hereinafter the "CITY") by and
through its Board of Water Commissioners (hereinafter the "BOARD"), and the COUNTY OF OAKLAND, a
County Corporation in the State of Michigan, (hereinafter the "COUNTY") by and through its County
Executive Department of Public Works.
WITNESSETH:
WHEREAS, the BOARD, operates and maintains a wastewater disposal system consisting of
transportation facilities .sometimes hereinafter referred to as the DETROIT SYSTEM) and treatment
facilities; and
WHEREAS on August 29, 1984, a DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS
FOR THE EVERGREEN-FARMINGTON DISTRICT (herein the "AGREEMENT') was prepared and executed by
representatives of the CITY and COUNTY providing that the point of connection of the sewers of the
COUNTY to the sewers of the CITY be moved to the First-Hamilton Relief Sewer and that the capacity
at said point of connection from the DISTRICT of the COUNTY be increased to 170 cubic feet pea
second or such larger amount as the BOARD may approve, and that, because of the availability of
grant funds and for other reasons pertaining to the needs of the County of Wayne and the CITY, the
BOARD shall have constructed a new interceptor to transport sewage from the DISTRICT to the
First-Hamilton Relief Sewer as a permanent connection to the DETROIT SYSTEM; and
WHEREAS the parties hereto enter into this AMENDMENT NO. I for the purpose of serving the
public health and welfare of the people of the State of Michigan, especially in the area affected
hereby, and enhancing the water quality of the Great Lakes and its tributaries.
WHEREAS it is now necessary due to grant requirements and other changes in conditions to
amend said August 29, 1984, AGREEMENT.
NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES HERETO, for and in consideration of the
mutual covenants herein contained to be kept and performed and the benefits to accrue as a result
thereof, that the said AGREEMENT be amended as follows:
I. Amend paragraph 15 of said AGREEMENT to read as follows:
15. The local share of the capital costs of designing and constructing the facilities
as set forth in paragraph 8, after receipt and application of the proceeds of
Federal and State grants, if any, shall be paid for by the County of Wayne on
behalf of the communities comprising the North Huron Valley-Rouge Valley Waste-
water Control System, and the COUNTY on behalf of the communities comprising the
DISTRICT in accordance with the following ratio:
County of Wayne - Fifty-two percent (52%) of Items BA, BC and 80.
County of Oakland - Forty-eight percent (48%) of items SA, 8C, and 80, plus
the cost of item 88.
Construction is contingent on Wayne and/or Oakland financing said facilities and
making timely advance payments to the BOARD. It is the understanding of the
parties that the above percentages related to the costs to be borne by Wayne and
Oakland respectively are estimates and that the actual percentages shall be sub-
ject to modification based on each county's additional outlet capacity in the
Board's facilities as established in the MDNR approved bases of design for the
Wayne County facilities and the Oakland County facilities respectively. Should
the estimated percentages vary from the percentages stated above so as to
significantly change the costs to be borne by either Wayne or Oakland, then Wayne
or Oakland reserves the right to renegotiate between themselves the bases upon
which their respective costs are determined.
It is acknowledged that a schedule for construction of the facilities described
in Paragraph 8 of the AGREEMENT is anticipated to be established in the federal
grant award document and such construction schedule is incorporated herein by
reference and made a part of this agreement. Further, it is the intention of the
BOARD to proceed with construction in a timely manner and, to the extent
possible, to adhere to the following schedule:
A) advertise for construction contracts - within GO days of receipt of federal
grant offer
B) recommend award of construction contract - within 120 days of bid opening
C) issue start work order (initiation of construction) - within 90 days of
authorization to award contracts from U.S. EPA, subject to notification of
availability of local funds for the project
D) substantially complete construction - within 700 days of the start work order.
The parties hereto acknowledge that the construction schedule in the federal
grant award document shall take precedence.
2. Amend paragraph 21 of said AGREEMENT to read as follows:
21. The BOARD will make every reasonable effort, as expeditiously as is possible, to
enter also into an agreement with the County of Wayne on behalf of the North .
Huron Valley-Rouge Valley Sewage Disposal System for the purpose of completing
the financing of the improvements described in paragraph 8 in accordance with the
terms and percentages described in paragraph 15.
Commissioners Minutes Continued. March 24, 1988 114
3. Except as modified by this AGREEMENT, the terms and conditions of the AGREEMENT shall
fell forc€ cod e'Ffect.
4. This AMEdOME.di end the AGREEMENT sluil inure to the benefit of tnh be binding upon the
respective parties hereto, their successors and assigns.
5. Ttris AMENDMET shall take effect unon its •adoption and execution by the respective
parties hereto.
IN WITNESS WHEREOF, the parties have caused this AMENDMENT to be executed in quadruplicate
and signed by the respective parties herein, pursuant to the attached certified copies of resolutions
of their governing bodies.
WITNESS COUNTY OF OAKLAND
By
CITY OF DETROIT. MICHIGAN
APPROVED Y LAW DEPARTMENT PURSUANT TO By
§6-4Db OF THE CHARTER OF THE CITY OF
DETROIT
APPROVED OAKLAND COUNTY CORPORATION
COUNSEL
THIS CONTRACT WAS APPROVED ey THE CITY
COUNCIL ON
Uate
Purchasing Director Date
Moved by Hobart. supported by Jensen the resolution be adopted.
AYES: Lanni, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick,
Price, Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn.
(20)
Date
By
Date
NAYS: None. (0)
A suffir:ient majority naving voted therefor, the resolution was adopted.
Misc. 88067
By Planning and Building Committee
IN RE: Grain Comissioner/Department of Public Works - WIXOM SEWAGE DISPOSAL SYSTEM EXTENSION
NO. 2
To tie Oakl:ind County Board of Commissioners
Mr. chairperson, Ladies and Gentlemen:
WHEREAS tne County of Oakland (the "County") has heretofore established anti constructed
and acquired the Wixom Sewage Disposal System pursuant to the provisions of Act No. 185, Public Acts
of Michigon, 1957, as e:-116,],„! ("Act 185"), and- pursuant to the WIXOM SEWAGE DISPOSAL SYSTEM CONTRACT
betw2en Itn County and tne City of Wixcm (the "City") dated as of October 1, 19E5, to serve the
Wixom Se /age Disposal Distrit, withir such Cittrict lies all of the City; and
'J:1EREAS the County heretofore has indroved, enlarged and extended the Wixom Sewage
Disposal System by the acquisition and construction of sewage disposal facilities pursuant to the
Wixom Dispcn-al Sj'sten Extension Mc. 1 Contract dated as of April 1, 1971, between the County
th City, arc
WHEREAS it is now necessary to further improve, enlarge and extend the Wixom Sewage
Dispase Systc by the acquisition and construction of the hereinafter described Wixom Sewage
01 thus System Extension No. 2; :-11(!
MEREAS by tiie terms of Ad. 342, Public Acts of 1ichigan, 1339, as amended ("Act 342"),
the County and the City arc authorized to enter Lad a contract for the acquisition, construction
f:danc;', of the ixor1 Sewage Disposal System Extension No. 2 consisting of sewage disposal
farilitti.s to serve the City and for the payment of the cost thereof by the City, with interest, and
the County is then authorized to issue its bonds to provide the funds necessary therefor; and
1::IE2EAS there has been submitted to this Board of Commissioners a proposed contract
5e1J4eeu the Ccut,ty, by and through the County Drib n Commissioner, County Agency, party of the first
part, add the City, larty 0 -1: the second part (the "Contract"), which Contract provides for the
acquistien, coostructioh and financing of the Wixom Sewage Disposal System Extension No. 2 (the
"Project"), and whin Contract is hereinafter set forth in full; and
NHaIAS t'rlere have also been submitted for approval and adoption by this Board of-
Cormi.tsioners, preliminary plans, specificatiohs and estimates of the cost and period of usefulness
of the Project; and
WHEREAS the Contract provides for the issuance hereafter of bonds by the County to defray
part of the cost of the Project, said bonds to be secured by the contractual obligations of the City
115
Commissioners Minutes Continued, March 24, 1988
to pay to the County amounts sufficient to pay the principal of and interest on to hereafter
authorized bonds and to pay such paying agent fees and other expenses as may be incurred on account
of said bonds; and
WHEREAS this Board of Commissioners desires to proceed with the establishment of - this
Project and the approval and execution of the Contract to acquire, donstr...ct and finance the Project.
pried in ta.;
THEREFE TE TT P.ESOLVED BY THE f' 21 OF COMMISSIOPERS. OF 04LAND COhNTY, M1CHTGAN, as
follows:
1. ESTABUSHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Comissioners
by majority vote of its members-elect does hereby authorTze and diTe-ct that there be established,
and tf;crc is hereby estebliscid, under and pursuant to Act 312, ,:oyagc disposal fct,iiities to be
known as the "Wixom Sewage Disposal System Extension No. 2," which shall consist of enlargements,
additions and improvements to the Wixom Sewage Disposal System, as specified and to be located as
shown in Exhibit A to the contract; that the Project shall serve the City; that the Oakland County
Drain Commissicner is hereby designated and appointed as the 'County Agency for the Wixom Sewage
Dispo'iel System Extension No. 2; that the County Agency shall have all the powers and duties with
respect to the Wixom Sewage Disposal Extension No. 2 as are provided by law and especially by Act
342; and that all obligations incurred by the County Agency with respect to the Wixom Sewage
Disposal System Extension No. 2, unless otherwise authorized by this Board of Commissioners, shall
be payable solely from funds derived from the City as hereinafter provided.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
preliminary plans -a-Od-ii5Erfications for the Project and the estimates of f20,000,000 as the cost
thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board
of Commissioners be and the same are hereby approved and adopted.
3. APPROVAL OF CONTRACT. The Wixom Sewage Disposal System Extension No. 2 Contract dated
as of Februar7-77, 1988, between the County, by and through the County Drain Commissioner, party of
the first part, and the City, party of the second part, which Contract has been submitted to this
Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain
Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of
the County, in as many counterparts as may be deemed advisable, after the Contract has been executed
by the appropriate officials of the City. The Contract reads as follows:
WIXOM SEWAGE DISPOSAL SYSTEM EXTENSION NO. 2 CONTRACT
THIS CONTRACT, made and entered' into as of the first day of February, 1988 by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF WIXOM, a home rule city located in the County (hereinafter sometimes referred to as
the "City'), party of the second part.
WITNESSET Hi
WHEREAS the County, through its Board of PitEM, Works, heretofore has established and
constructed and acquired the Wixom Sewage Disposal System (the "System") pursuant to the Wixom
Sewage Disposal System Contract dated October 1, 1965, between the County and. the City (hereinafter
sometimes referred to as the "Base Contract") and the provisions of Act No. 185, Public Acts of
Michigan, 1957, as amended, to serve the Wixom Sewage Disposal District, within • which district lies
all of the City; and
WHEREAS the County, through its Board of Public Works, heretofore has improved, enlarged
and extended the Wixom Sewage Disposal System by the acquisition and construction of sewage disposal
facilities pursuant to the Wixom Sewage Disposal System Extension No. 1 Contract dated as of April
I, 1971, between the County and the City (hereinafter sometimes referred to as the 'Extension No. I
Contract"); and.
WHEREAS it is necessary to further improve, enlarge and extend the System by the
acquisition and construction of the hereinafter described sewage disposal facilities to serve the
City; and
WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter
sometiMes referred to as 'Act 342"), the Board of Commissioners of the County, by majority vote of
its members-elect, has authorized the acquisition and construction of a project consisting of the
hereinafter described sewage disposal facilities as part of the System to serve the City, said
project to be known as the "Wixom Sewage Disposal System Extension No. 2 (hereinafter sometimes
referred to as the "Project"), and has designated the Oakland County Drain Commissioner as the
County Agency for the Project with all powers and duties with respect thereto as are provided by Act
342 (said Drain Commissioner being , hereinafter sometimes referred to as the "County Agency"); and
WHEREAS under and subject to the terms of Act 342, the County is authorized, through the
County Agency, to acquire and construct the sewage disposal facilities hereinafter described as
constituting the Project, the County and the City are authorized to enter into a contract for the
acquisition and construction of the Project by the County and for financing all or part of the cost .
thereof- by the issuance of bonds by the County secured by the pledge of the full faith and credit of
the City to pay such cost with interest to the County in installments extending over a period not
exceeding forty (40) years and the County is authorized to issue such bonds and to pledge its full
faith and credit for the payment of such bonds and the interest thereon; and
Commissioners Minutes Continued. March. 24., 1988 116
YHERFAS there is an urgent need for such sewage disposal facilities to promote the heath
ano welfare of the residents of the City, which facilities would likewise benefit the County and its
resioents, and the parties nereto have concluded that such facilities can Oe provided and financed
most economically and efficiently by the County through the exercise of the powers conferred by Act
342, and especially Sections Ha, Sb and Sc thereof; and
WHEREAS preliminary plans for the Project and estimates of the cost and the period of
usefelness of the Project have been prepared by Huboeil, Roth & Clark, Inc. (hereinafter sometimes
referred to as the consulting engineers) and nave been submitted to and approved by the 6oarO of
Commissioners of the County and the Council of the City and placed ON file in the office of the
County Agency, said estimates being set forth in Exhibit B hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the _Project by the
County and the financing of the cost thereof by the issuance of County bonds, and for other related
matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The parties hereto hereby approve and agree to the establishment, acquisition,
construction end financing of the Project, as herein provided, under and pursuant to Act 342, The
City, by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and
agrees to the establishment of the System and the location of the Project within its corporate
boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or
other public places for the purpose and facilties of the System and the Project and any
improvements, enlargements and extensions thereof, and the City further agrees that, in order to
evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the
County such grants of easement, right-of-way, license, permit or consent as may be requested by the
County.
2, The Project shall consist of the sewage disposal facilities shown and described on
Exhibit A which is hereunto attached and which is hereby made a part hereof, and as are more
particularly set forth in the preliminary plans which have been prepared and submitted by the
consulting engineers which plans are on file with the County Agency and are hereby approved and
adopted. The Project shall be acquired and constructed substantially in accordance with the said
preliminary plans and in accordance with final plans and specifications to be prepared and submitted
by the consulting engineers, but variations therefrom which do not materially change the location,
capacity or overall design of the Project or the System, and which do not require an increase in the
total eFtimatea cost of the Project, may be permitted on the authority of the County Agency. Other
variations or changes may be made if approved by the County Agency and by resolution of the City
Council and if provisions required by paragraph 8 hereof are made for payment or financing of any
resulting increase in the total estimated cost. The estimate of cost of the Project and the
estimate of period of usefulness thereof as set forth in Exhibit 8 are hereby approved and adopted.
3. The County Agency shall take or cause to be taken all actions required or necessary,
in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to defray that part of the total cost of
the Project which is in excess of funds available from other sources. Such bonds shall be issued in
anticipation. of, and be payable primarily from, the payments to be made by the City to the County as
provided in this contract and shall be secured secondarily, if so voted by the Board of
Commissioners of the County, by the pledge of the full faith and credit of the County, and the said
bonds snail be payaole in annual maturities the last of which shall be not more than forty years
from the date thereof,
4. The County Agency shall obtain and accept an offer of grant by the EPA/DNR fur the
Project, proceed to take construction bids for the Project and, subject to the sale and delivery of
said bonds, enter into construction contracts with the lowest responsive and responsible bidder or
bidders, procure from the contractors all necessary and proper bonds and insurance, cause the
Project to be constructed as part of the System within a reasonable time and do all other things
required by this contract and the laws of the State of Michigan and the United States of America,
All certificates for required payments to contractors shall be approved by the consulting engineers
before presentation to the County Agency and the latter shall be entitled to rely on such approval
in making payment.
The County agrees fiat it will secure and maintain, or cause to be secured and maintained,
during the period of construction adequate property damage and public liability insurance covering
all facilities to be constructed pursuant to this contract. All policies and memorandums of
insurance sial1 provide tnat the County and the City shall be insured parties thereunder and shall
contain a provision requiring that the City be notified at least ten days prior to cancellation
thereof. One copy of each policy and memorandum of insurance shall be filed with the City.
S. It is understood and agreed by the parties hereto that the System is to serve the City
and not the individual property owners and users thereof, unless by special arrangement between the
County Agency and the City. The responsibility of requiring connection to and use of the System
and/or providing such additional facilities as may be needed shall be that of the City which shall
cause to be constructed and maintained, directly or through the County, any such necessary
111
Commissioners Minutes Continued. March 24, 1988
additional facilities. The County shall not be obligated to acquire or construct any facilities
other than those designated in paragreaph 2 hereof. The Project is an improvement, enlargement and
extension of the System and the Base Contract shall apply to the System except as modified by the
Extension lo. 1 Contract for specific application to the project financed pursuant thereto and as
modified herein for specific application to the Project.
6. The City shall pay to the County the total cost of the Project (less such funds as may
become available from other sources) which total cost for this purpose shall include, in addition to
the items of the nature set forth in Exhibit B (represented by the principal amount of the bonds to
be issued by the County plus such funds as may become available from other sources), all interest
payable by the County on said bonds and all paying agent fees and other expenses and charges
(including the County Agency's administrative expenses) which are payable on account of said bonds
(such fees, expenses and charges being herein called 'bond service charges"). Such payments shall
be made to the County in annual installments which shall be due and payable at least thirty days•
prier to the day of the month specified in the County bonds as the annual principal maturity date
thereof. 'Such an annual installment shall no so paid in each year i any principal and/or
non-capitalized interest on said bonds falls due during the, tvielve-montr, peciod be;ignih(.: on such
principal maturity date in said year, and the amount of each installment se due and payable shall be
at least sufficient to pay all such principal and/or interest thus falling due and ail bond service
charges then due anc payable. The County Agency, within thirty days after delivery of the County
bonds to the purchaser, shall furnish the City Treasurer with a complete schedule of the principal
and interest maturities thereon, and the County Agency, at least thirty days before each payment is
due to be made by the city, also shall advise the City Treasurer of the amount payable to the County
on such date. If the City fails to make anv payment to the County when due, the same shall be
subject to a penalty of 1% thereof for eacn month or fraction thereof that such amount remains
unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above
required shall rol excuse the City from the obligation to make payment when due. Such payments
shall be mace by the city when due whether or not the Project has then been completed or placed in
operation. In are e -vent that additional County bonds shall be issued under the authority of this
contract to defray a- part of the cost of the Project as part of the System, the foregoing
obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate
thereto.
If a. grant, advance or payment becomes available from the state or federal government or
any ether source, the City hereby agrees to adopt such resolutions or ordinances as may be required'
by state or federal laws, regulations or orders to make the County and the Project_ eligible to
accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment
require a local contribution, the City hereby agrees to raise and make such local contribution.
It is anticipatcd between the parties- hereto that the Project to be built shall qualify
for a federal grant in accordance with 40 Code of Federal Regulations, Part 35,2/08. For purposes -
of financing the Project, it is anticipated that the Project shall be eligible for federal grants in
the amounts as noted on Exhibit B. The applicant, Oakland County, in accordance with the
requirements of said 35,2108, agrees to complete the Project regardless of whether or not grant
funding is available for the Project, in accordance with the requirements of said 35,2108, except
that the Project shall not be commenced unless a grant of at least 50% of the eligible cost of the
Project described on Exhibit A is received.
7* The City may pay in advance any amount payable to the County pursuant to this contract
and in that event shall be credited therefor on future-due amounts as may be agreed by the parties
hereto, The City also may pay in advance any one or more installments or any part thereof (a) by
surrendering to the County any of said County bonds of like principal amount or (b) by paying to the
County in cash the prcfpai amount of any County bonds which are subject to redemption prior to
-maturity plus all -rierest thereon to the first date upon which such bonds may be called for
redemption and all apicable call premiums and bond service charges, and in such event the County
Agency shall call said bonds for redemption at the earliest possible date; provided, however, that•-
such advance cash payment and credit therefor shall be limited in amount at any given time to the
amount of bonds available for redemption by call within the twelve-month period succeeding the date
of the advance cash payment The insta/lments or parts thereof so prepaid shall be deemed to be the
installments or parts thereof falling due in the same - calendar year as the maturity dates of the -
bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled.
8, In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated
cost, whether as the result of variations or changes permitted to be made in the approved plans or
otherwise, then (without execution of any further contract or amendment of this contract) the City
Council, by resolution adopted within fifteen days after the receipt of construction bids, may
direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount
which shall not exceed the total estimated cost as hereinbefore stated by more than 5%, provided
that such deletion shall not materially change the general scope, overall design and purpose of the
Project or the System, or in the absence of the adoption of such a resolution the City shall pay or
procure the paymcat of the increase or excess in cash, or County bonds in an increased, or additional
amount (upon dr_:.:Jfioit of an authorizing resolution therefor by the Board of Commissioners) shall be
issued to dot'r such increased or excess cost to the extent that funds therefor are not available .
from other sources; provided, however, that no such increase or excess shall be approved and no such
118 2ommissioners Minutes Continued. March 24, 1988
lecoeasee or additional County bonds shall be authorized to be issued, non shall the Cote
inth any contract for acquisition or construction of the Project or aoy part thereof (ir
obliation for or pay any item of cost therefor, where the effect thereof - wood 'du su the
total cost of the Project to exceed by ore than 5% its total estimated cost as here
unless the City Council previously shall have adopted a resolution approving such itsar.a.ase nc excess
aee egreoint that the same (er such part thereof as is not available from other soorce ., be
paid or its paymeat procured by the City in cash or be defrayed by the issuance of cc:eace-d. or
additional Cnonty honds in apticipation of increased or additional payments agreed to
City to the County in the wanner bereirbefore provided; provided, further, that the a:
resolution by the City Council shall not be required prior to or as a condition prfedfant •o the
isuallc9. of ..dditioral bonds by the County if the County has previously issued or toatraced to sel;
bonds to pay all or part of the cost of the Project an the issuance of the a1d7tol f)onds is
necessary (as determined by the County) to pay such increased, additional or h: .000taosts as are
essential to completion of the Project according to the plans as lest approved prio— to the :me
her the previous bonds eere issued or contracted to be sold.
9. In the event that the actual cost of the Project is less than the total
cost, then any surplus availabie to the County from the sale of County bonds: at the
City Council, shall be used to improve, enlarge or extend the System, to apply
due to the County, to redeem bonds or to purchase bonds on the open market, aroy:ded. stch
surplus shall be used to improve, enlar?e or extend the System only if authorized by
Commissioners. Any such surplus. for the purpose of improving, enlarging or extaaohe,i the
may be supplemented by cash payments to be wade by the City, or such improvements erleremenis or
extensions may be financed entirely from such cash payments if authorized by the City Lonnril, If
such surplus is used to redeem or purchase bonds, the same shall be cancelled, and to pa,mients
.thereafter required to be made by the City to the County shall be reduced so as to reflect, the
resulting saving- of interest. ard the payment required to be made in the calendar year of the stated
maturity of said bonds shall he reduced by the principal amount thereof.
10. Should the City fail for any reason to pay the County at the times specified the
amounts herein required to be paid, the City hereby authorizes the State Treasurer or other offcial
charged with the disbursement of unrestricted state funds returnable to the City pursuant to the
Michigan Constitution to withhold sufficient funds to make up any default or deficiency ir
If the full faith and credit of the County is pledged for the prompt payment of the prin. lf of
and interest on the bonds to be issued by the County an4 if the County is required to adw-
money by reason of such pledge on account of the delinquency of the City, the County Treasov
hereby authorized to notify the State Treasurer to deduct the amount of money so advanced. by
County from any unrestricted moneys in the State Treasurer's possession belonging to the City OP(: I
pay such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimbursement of moneys advanced on account of the default of the City.
11. The City, pursuant to the authorization of Section 5a of Act No. 342, hereby pledges
its full faith and credit for the prompt and timely payment of its obligations expressed in this
contract and each year shall levy a tax in an amount which, taking into consideration etinatA
delinquencies in tax collections, will be sufficient to pay its obligations under this conact
becoming clue before the time of the following year's tax collections; provided. however, that if at
the time of making its annual tax levy the City shall have on hand in cash other funds (including
but not limited to funds from special assessments, user charges or connection fees) which have been
set aside and pledged or are otherwise available for the payment of such contractual obligations
feflint due prior to the tiTli,e of the next tax collection. then the annual tax levy 7:2y b renced by
sech amount. The ability of the City to levy taxes is subject to constitutional, statutory and
charter limitations. lte City Council each year, et least ci0 days prior to the final dote provided
by for the making of the annual City tax levy, shall Submt to the 7...aunty Agency a tx'ren
statement
cc ttin5 forth the amunt of its obligaijons to the County which bebom-L, doe and 2,
enter 1.1is contract prior to the time of the (text folloi:ins year's tax collections, the amouit nf
tee funds Ain the City has or will have on hand or to its credit in the hands of tee County
have been set asico and pledged for payment of said ctligations to the. County and the amount of the
City taxes next proposed to be levied for the purpose of raising money to meet such obligations,
Ths Ccunty Lgency shall review such statement promptly and, if he finds that sheproposed City tax
levy is ibsufficiont, he shall so notify the City Council, and the City hereby cdvenaets a grees
that it thereupon will increase its levy to such extent as may be required by the County
12. 40 chonys in the jurisdiction ever any territory in to City snail impair in any
saner the ob1gatie.13 of this contrast or affect the ohligations of the City hereunder. In the
eve.%-t flsat e11 or any part of the territory of the City is incorporated as a new city or rillaga or
is arrosec be or becomes a part of the territory of another municipality, the municipaiity into
which such territory is incorporated or to which sucl', territory is annexeci shall asv,!me the pnoer
propertitliate share of toe contraotJal obli;,ptons (including the pledge of full faith and ucnt)
of the City, 4in proper preportiouats share shell be fixed and determircd icy the C.eu',y Atiencs asd
s:...111 be binding upon all parties concerned unless, within sixty (50 days after such iecorporsMA
or annoxation becomes effective, the governing body of the wfhicipality into which such ternitor• is
incorporate ,.; or to Oich such territory is annexed and the City Council ef the City, by mi.tual
agreement cod with the written approval of the Cohty A;ency, shall fix and determtna such proper
proportionate share. The County Agency, prior to making such determination i shall receive a written
119
Commissioners Minutes Continued. March 24, 1988
recommendation as to the proper proportionate share from a committee composed of one representative
desienated by the- City Council of the City, one designated by the governing body of the new
municipality or the municipality annexing such territory and one independent registered engineer
appointed by the Coanty Agency. Each governmental unit shall appoint its representative within
fifteen (15) days aftar being notified to do so by the County Agency and within a like time the
County Agency shall appeint the engineer third member. If any such representative (other than the
appointee of the CouRtj Agency) is not appointed within the time above provided, then the County
Agency may proceed without said recommendation. If the committee shall not make the recommendation
within forty-five (45) days after its appointment or within any extension thereof by the County
Agency, then the County Agency may proceed without such recommendation.
13. This contract is contingent upon the County issuing its bonds to defray such part of
the total estimated cost of the Project as is necessary to be financed, which bonds shall be issued
under the authorization provided in Sections 5a, 5b and Sc of Act 342. Interest on the bonds may be
capitalized and paid from the -bond proceeds for a period not exceeding the estimated construction
period and one year thereafter. In the event that the bones are not issued within three years from
the dae of this contract, then unless this contract is extended by mutual agreement it shall become
null and void, except that the City shall pay all engineering, legal and other costs and expenses
theretofore incurred and shall be entitled to all plans, specifications and other engineering data
and materials.
14. Upon completion of the Project as part of the System, the County hereby leases the
System to the City to operate and maintain the same. upon the following terms and conditions:
(a) The System shall be used only to serve area in the City unless the area to . be
served thereby is enlarged by agreement between the City and the County Agency.
(b) The City shall maintain the System in good condition and repair and shall employ
and supervise qualified and competent employees therefor.
(c) The City shall not permit the discharge into the System of any sewage in
violation of the standards and regulations controlling the discharge of industrial and commercial
type waste into the System as said standards and regulations may be promulgated from time to time by
the County, the State of Michigan or the Environmental Protection Agency.
(d) The City shall make and collect from the individual users of the System such
charges for sewage disposal services as shall be sufficient at least to pay the cost of operating
and maintaining the System and to establish a fund for replacements, improvements and major
maintenance of the System. In addition, the City may make and collect such charges to individual
users as shall be necessary to pay the operating costs of the City and to provide such other funds
for sewage disposal purposes as are deemed desirable. The City shall enforce prompt payment of all
such charges as the same shall become due, and the receipts from such charges shall be deposited in
a. separate account or enterprise fund to be established and maintained by the City. The charges to
be established by the City shall comply with all of the federal requirements specified in 40 CFR
parts 35.2130 and 35.2340.
(e) The City shall establish such charges as specified in paragraph (d) to be paid -
to the City eurterly or more often commencing with the first day of the calendar quarter in which
the System is per into operation.
The City- at all times shall operate, maintain and use the System in such manner
as to comply fully and completely with the requirements of the Base Contract and the Extensions No.
1 Contract and the requirements of U.S. Public Law 92-500 and the contract of grant entered into
pursuant snerete.
The City hevey accepts the lease of the System upon the terms and conditions herein set forth.
It is further agreed with respect to the Project and the System that at all times during
the operaticai thereof by the City, as lessee, the City will obtain and maintain in effect adequate
property daaege, public liability and workmen's compensation insurance covering all facilities
leased to the Cty under any contract with the County now or hereafter in effect. All policies and
. memorandums in•arar•c shall provide that the County and the City shall be insured parties
thereunder and seali centain a provision requiring that the County be notified at least ten days
prior to eaecelatien thereof. One copy of each policy and memorandum of insurance shall be filed
with the County Agency.
The Cita covenants and agrees_ to operate the System in a manner which will not affect
adversely the exclusion of the interest on the County bonds from gross income for federal income tax
purposes.
15. The. County shall have no obligation or responsibility for providing sewage disposal
facilities except as herein expressly provided with respect to the acquisition and construction of
the reject or as otherwise provided by contract. The City shall have the authority and the
resphnsibility to provide such other facilities and shall have the right to expand the facilities of
the Prnject and the System by constructing or extending sewers or related facilities, connecting the
same te. "ee Sysem and otherwise improving the System. It is expressly agreed, nevertheless, that
no sed Leheectien foter than Individual unit tap-ins) shall be made to the Project or the System
and re.- imorovemeees. enlargements or extensions thereof shall be made without first securing a
peemit therefor 3: roe the County Agency. Any such permit may be made conditional upon inspection and
approval of row construction by the County Agency. It is further agreed that the System shall be
used for collection and conveyance of sanitary sewage only and that the City shall take all action
Commissioners Minutes Continued. March 24, 1988 120
necessary to prevent entry into the System of storm waters and also to prevent entry Of ags or
wastes of such a character as to be injurious to the System or tp the public health and saf e ty.
16. All powers, duties and functions vested by this contract in the County sdall be
exercised and performed by the county Agency for and on behalf of the County unless otherwise
provided by law or in this contract.
The parties hereto recognize that the holders from time to time of the bonds to be
isucf !-.1y the County under. the provisions of Act 342, and secured by the full faith and credit
pledge of the City to the ma'xiau of its payments as set forth in this contract, will have
cortr:,ctual rights in this contract, and it is therefore covenanted and agreed that so long as any
of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this contract, by amendment, sulerrental contracts or otherwise, is nevertheless reserved insofar
as the same do not have such adverse effect. The parties hereto further covenant and agree that
they each will comply with their respective duties and oblilatioos under the terms of this contract
promptly, at the times and in the manner herein set forth, and mill not suffer to be done any act
Thich xould in any way impair the contract of said bonds, the security therefor or the prompt
payment of principal and interest thereon. It is hereby declared that the terns of this contract
T,11:1 of any amendatory or supplemental contract and any contract entered into pursuant hereto,
insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to
be for the benefit of the holders of said bonds.
18. The County Agency shall prepare, with the aid of its consultants, such convenants,
eepresenttions and warranties and have adopted by officials of the County aid the City such
procedures for construction, accounting, payment and operating as are necessary to comply with the
requirements of state and federal law in order to create and maintain the obligations of the City
and the County under this contract and with respect to the bonds as valid and binding obligations
and in ceder to create and maintein the bonds as tax-exempt obli n:ations under state and federal
income tax law. Such (ov,.nants, representations and warranties and such procedures shall be
evidenced by and set forth in certificates or resolAtidrs prepared for the County Agency which the
city end the County all hereby agree to approve, execute and adopt at or prior to issuance and
delivery of any bonds.
19. In the event that any oae or more of the provisions of this contract. for any reason
shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof, but this contract shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
20. This contract shall become effective upon its execution by each party hereto and the
eepiration of 45 days after the date of publication of the notice required by Section 5b of Act 342;
provided, however, that if, within the 45-day period, a proper petition is filed with the City Clerk
of the City in accordance with the provisions of said Section 5b of Act 342 then this contract shall
not become effective until approved by the vote of a majority of the electors of the City qualified
to vote and voting thereon at a general or special election. This contract shall terminate forty
(40) years from the date hereof or on such earlier date as shall be mutually agreed; provided,
however, that it shall not be terminated at any time prior to the payment in full of the principal
of and interest on the County bonds together with all bond service charges pertaining to said bonds.
This contract say be executed in several counterparts. The provisions of this contract shall inure
to the benefit of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective ,.;overnir bodies of such
parties, all as of the day and year first above written.
CITY OF WIXOM COUNTY OF OAKLAND
By:
Mayor
By: By:
County Drain Commissioner
(County Agency)
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoino resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Skarritt the resolution be adopted.
AYES:: McConnell, A. McPherson, R. McPherson, Moffitt, Oaks, Pernick, Price, Rewold,
Skarritt, Wilcox, Bishop, Ca&lelI, Calandra, Crake, Gosling, Hobart, Jensen, R. Kuhn, Lanni. (19)
NAYS: None. ;0)
A sufficient majority having voted therefor, the resolution was adopted.
Clerk
1L1
Commissioners Minutes Continued. March 24, 1988
Misc. 88068
By Planning and 801ding Committee
IN RE: Department of Corporation Counsel - Real Estate Section
SALE OF VACANT PROPERTY --(REJECTED OFFER) CITY OF PONTIAC - SIDWELL #14-18-226-001
To the Oakland County Board o Commissioners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #9232, adopted December 6, 1979, authorized the sale of a
vacant parcel of property in the City of Pontiac, Sidwell 14-18-226-001; and
WHEREAS by Writ of Restitution, Case No. 85-LT-37590-CH, State of Michigan, 50th Judicial
District, the parcel was reclaimed by the County of Oakland; and
WHEREAS Miscellaneous Resolution 86098. adopted April 17, 1986, directed that updated
appraisals be obtained prior to advertising the parcels for sale; and
WHEREAS the property was appraised by Robert H. Scott at $85,000 and Pontiac Appraisal
Service submitted an appraisal of $74,500; and
WHEREAS pursuant to Miscellaneous Resolution 87176, said parcel was advertised for sale,
but no offers were received; and
WHEREAS the County has received a written proposal on said parcel by the Panda Development
Company, prior purchasers, for $50,000. less the prior down payment and payments to principal; and
WHEREAS the Department of Corporation Counsel recommends this offer be rejected as it does
not reflect the current value of this parcel of real estate;
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners rejects the written Offer to
Purchase by Panda Development Company.
BE IT FURTHER RESOLVED that the Board of Commissioners directs Corporation Counsel - Real
Estate Section, to readvertise the sale of said parcel under the following terms:
Minimum Offer of $74,500.00
10% deposit to accompany offer
BE IT FURTHER RESOLVED that sealed offers shall be received by Corporation Counsel - Real
Estate Section. The sealed offers shall be opened at the regularly scheduled meeting of the
Planning and Building Committee on May 17, 1988.
Mr. Chairperson, on behalf of the Planning add Building Committee. I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne frL Hobart, Chairperson
Moved by Hobart supported by Crake the resolution be adopted.
AYES: A. McPherson, R. McPherson, Moffitt, Oaks, Pernick, Price, Rewold, Skarritt,
Wilcox, Bishop, Caddell, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, Lanni, McConnell. (19)
NAYS: hone. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88069
By Planning and Building Committee
IN RE: Department of Public Works - AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT FOR
UPDATING THE ACT 641 SOLID WASTE MANAGEMENT PLAN
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Solid Waste Management Plan was approved locally and by the
Michigan Department of Natural Resources on July 28, 1983; and
WHEREAS Act 641, Public Acts of 1978, requires five (5) year updates to county plans; and
WHEREAS the County of Oakland entered into an agreement dated December 7, 1987, with Camp,
Dresser & McKee, Inc. whereby Camp, Dresser & McKee, Inc. will provide consulting services to update
Oakland County Solid Waste Management Plan, the total cost for such services not tO exceed $111,950;
and
WHEREAS the citizens' Solid Waste Planning Committee has recomMended that a detailed
recycling plan for Oakland County be included in the Plan Update; and
WHEREAS the design of a detailed county recycling plan is not included in the scope of
work covered by the December 7, 1987, consulting services agreement with Camp, Dresser & McKee,
Inc.; and
WHEREAS Camp, Dresser & McKee, Inc. has obtained a proposed scope of work from Resource
Recycling Systems, Inc. whereby Resource Recycling Systems, Inc. would design a detailed recycling
plan for Oakland County, including a citizen attitude survey to be performed by DATAFAX, Inc. under
subcontract to Resource Recycling Systems, Inc., the total cost for the services of Resource
Recycling Systems, Inc, and DATAFAX, Inc. not to exceed $157,954; and
WHEREAS Camp, Dresser & McKee, Inc. proposes to enter into a subcontract with Resource
Recycling Systems, Inc. to perform the services, including the DATAFAX, Inc, citizen attitude
survey, outlined in the previously mentioned scope of work; and
WHEREAS the scope of work, tasks, schedule and fee for this work, together with the
proposed Amendment No. 1 to the Act 641 Plan Update Agreement, have been reviewed and approved by
Commissioners Minutes Continued, March 24, 1988 122
the Act 641 citizens Solid Waste Planning Committee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes and directs the Chairperson of the Oakland County Board of Commissioners and the County
Executive to execute the attached Amendment No. 1 to the Agreement for Professional Services Between
the County of Oakland, Michigan and Camp, Dresser & McKee for updating the Act 641 Solid Waste
Management Plan whereby Resource Recycling Systems, Inc., under subcontract with Camp, Dresser &
McKee, Inc., would design a detailed recycling plan for Oakland County, including a citizen attitude
survey to be performed by DATAFAX. Inc. under subcontract to Resource Recycling Systems, Inc.
BE IT FURTHER RESOLVED that the total amount to be paid for consulting services for the
At 641 Plan Update as modified by Amendment No.] shall not exceed $282,544.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Wilcox the resolution be adopted.
The Chairperson referred the resolution. to the Finance Committee. There were no
objections.
Misc. 88070
By Planning and Building Committee
IN RE: Department of Public Works - AUTHORIZATION TO RECEIVE BIDS - 1988 REROOFING PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen: .
WHEREAS the 1988 Reroofing Program consists of reroofing the Public Works Building Garage,
the Pontiac Health Center, the Pontiac Market and the Commissioner's Auditorium; and
WHEREAS these roofs have been judged to be in poor condition and have had numerous repairs
through the years; and
. WHEREAS excessive heating and cooling costs are incurred due to entrapped moisture in the
inSulation; and
WHEREAS the 1988 Reroofing Program is estimated to cost $349,700; and
WHEREAS funding for this project is available in the 1988 Reroofing Program line item of
the 1988 Capital Improvement Program,
NOW THEREFORE BE IT RESOLVED that the Department of Public Works be:, and is hereby;
authorized to advertise said project for bids, receive bids, and report to the Planning and Building
Committee upon receipt and tabulation of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by McDonald the resolution be adopted.
AYES: R. McPherson, Moffitt, Oaks, Pernick, Price, Rewold, Skarritt y Wilcox, Bishop,
Caddell, Calandro, Crake, Gosling, Hobart, Jensen, R. Kuhn, Lanni, McConnell, McDonald, A.
McPherson. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88071
By Planning and Ouilding Committee
IN RE: Department of Public Works - AUTHORIZATION TO RECEIVE BIDS - CHILDREN'S VILLAGE ATHLETIC
FIELD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the grassy area in Children's Village which is currently being used as a
playground is not level and is poorly drained; and
WHEREAS the installation of an underdrain system; filling and grading the site; and the
installation of a running track would make the area a first-class athletic field; and
WHEREAS such improvements have been estimated to cost $81,000; and
WHEREAS funding for this project is available in the Utilities Section of the 1988 Capital
Improvement Program,
NOW THEREFORE BE IT RESOLVED that the Department of Public Works be, and is hereby,
authorized to advertise said project for bids, receive bids, and report to the Planning and Building
Committee upon receipt and tabulation of such bids.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
LYNN D. ALLEN
C erk
ROY REWOLD
Chairperson
123
Commissioners Minutes Continued. March 24, 1988
Moved by Hobart supported by Bishop the resolution he adopted.
AYES: Moffitt ; Oaks, Pernick, Price, Rewold, Skarritt, Wilcox, Bishop, Calandra Crake,
Gosling, Hobart, Jensen, R, Kuhn, Lanni, McConnell, A. McPherson, R. McPherson. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88072
By Commissioner Lawrence Pernick
IN RE: SUPPORT FOR LOCAL ROAD IMPROVEMENT REVENUE ACT - COUNTY REFERENDUM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS growth in Oakland County has created a need for county road maintenance and
improvements which will exceed available revenues by over $700 million over the next decade; and
WHEREAS the Oakland County Board of Commissioners has placed the referendum under Act 237
of Public Acts of 1987 - on the August 2, 1988, primary ballot for approval of the question of a
vehicle registration fee of $25.00; and
WHEREAS the Board of Road Commissioners for Oakland County has supported this action and
promised to develop a plan for usage of the money raised by the referendum fees prior to the
election; and
WHEREAS the County Board of Commissioners supports this proposal to help solve road
problems in Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
ballot proposal and urges the citizens of Oakland County to indicate their support by voting "yes"
at the August election.
Mr. Chairperson, I move adoption of the foregoing resolution.
Lawrence R. Pernick, Commissioner Dist. #20
The Chairperson referred the resolution to the Transportation Committee and the General
Government Committee. There were no objections.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
FINANCE COMMITTEE
a. Michigan Department of Social Services-Friend of the Court ADC Program
GENERAL GOVERNMENT
a. Rep. Wilbur Brotherton -Acknowledge Receipt of MiSc. Res. 88044
b. Rep. Ralph Ostling-Acknowledge Receipt of letter regarding Governor's Budget Cuts for
1989 Medical Care Facilities
c. Berrien County-State Not Meeting Its Health Care Funding Commitment
d. Detroit-Wayne State Forum for Democratic Presidential Candidates
HEALTH AND HUMAN SERVICES
a. Berrien County-State Not Meeting Its Health Care Funding Commitment
PUBLIC SERVICES
a. City of Rochester Hills-Request for Command Officer Law Enforcement Contracts
OTHERS
a. Michigan Department of Social Services-Friend of the Court ADC Program
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be April 14, 1988 at 9:30 A.M.
The Board adjourned at 11:43 A.M. •