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HomeMy WebLinkAboutMinutes - 1981.01.15 - 73490A71.A .'0 COUNTY nird Of Comm fsioners MEETING JANUAF' '•ION January 15, 1981 Meeting called to order by Lynn D. Allen, County Clerk and Register of Deeds at 9:50 A.M. in the Court House Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan 48053. Invocation given by G. William Caddell, D.C. Pledge of Allegiance to the Flag. Roll called. PRESENT: Aaron, Caddell, Cagney, DiGiovanni, Doyon, Fortino, Gabler, Gosling, Hobart, Jackson, Lanni, McDonald, Moffitt, Montante, Moore, Murphy, Olsen, Page, Patter..., ierinoff, Pernick, Price, Whitlock, Wilcox. (25) ABSENT: Kasper, Peterson, (2) Quorum present. Moved by Olsen supported by Whitlock the 1978-80 Rules be adopted at Temporary Rules. AYES: Aaron, Caddell, Cagney, DiGiovanni, Doyon. Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, Moffitt, Montante, Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Clerk called for nominations for Temporary Chairperson. Mr, Whitlock nominated Alexander C. Perinoff. Seconded by Mr. Fernick. Moved by Patterson supported by Pernick the nominations be closed and a unanimous vote Jo cast for Alexander C. Perinoff. A sufficient majority having voted therefor, the motion carried. Mr. Perinoff declared elected Temporary Chairperson and escorted to the Chair. Nominations in order for Permanent Chairperson Dr. Caddell nominated Richard R. Wilcox. Mr, Fernick nominated Betty Fortino. Moved by Dr. Montante supported by Patterson the nominations be closed. A sufficient majority having voted therefor, the motion carried. The roil call vote was as follows: Caddell - Richard R. Wilcox Montante - Richard R. Wilgox Cagney - Richard R. Wilcox Moore - Betty Fortino DiGioyanni - Betty Fortino Murphy - Richard R. Wil..,..c Doyon - Betty Fortino Olsen - Richard R. Wii i... . Fortino - Betty Fortino Page - Richard R. WiL-,x Gabler - Richard R. Wilcox Patterson - Richard R. Wilcox Geary - Betty Fortino Per muff - Betty Fortino Gosling - Richard R. Wilcox Pernick - Betty Fortino _ Hobart - Richard R. Wilcox Price. - Betty Fortino Jackson - Richard R. Wilcox Whitlock - Richard R. Wilcox Lanni - Richard R. Wilcox Wilcox - Richard R. Wilcox Moffitt • - Richard R. Wilcox Aaron - Betty Fortino escalation of rate. Al •D the state • Aid Bill. 2 Commis; tlinutes Continued. January 15, WI TIm -esult of the roll call .` •wst fLich m 1 . .•, - 15 Bei le Fortin( - 9 •J by Price iii.ported by Pernick a unanimous be lot be cast for Richard R. Wilcox. A sufficient it having voted therefor, the motion carried, Richard R. Wilco, declared elected Chairperson and escorted to the Chair. i'losiioctruns in order for Vico Chairperson. Mrs, heel ii nominated Lillian V. Moffitt. Mr, Price. nominated John R. DiGiovanni, Moved by Moutante supported by Perinoff the nominations be closed, A sufficient maiority having vat:ad therefor ., the motion carried, The roll call vote was as follows: Cagney - Lillian V. Moffitt Moore - John R. DiGif,.cmi DiGiovanni - John R. DiGiovanni Murphy - Lillian V. Mt.f-fitt Doyon - John R, DiGiovanni Olsen - Lillian V. Mpq.itt Fortino - John P. DiGiovanni Page - Lillian V, Moffitt CiLibler - Lillian V. Moffitt Hatrerson - Lillian V. Moffitt Gears - John R. DiGiovanni Porinoff - John R. DiGiovanni Cc,ling - Lillian V. Moffitt Pernick - john R. DiGiovanni H i.• rt - Lillian V. Moffitt. Price - John R. DiGiovanni Jac( on - Lillian V, Moffitt wh i t 1 ock - Lillian V, Moffitt Lanni - Lillion V. Moffitt Wilcox - Lillian V. Moffitt Moffitt - Lillian it Moffitt Aaron - John R. DiGiovanni Mon tante - Lillian V. Moffitt Caddell - Lillian V. Moffitt rhe result of Lite roll call vote was JF • dlovis: Liilien V. Mmf• !tt - 15 Jol•• R. Rio et Price supported .1. • „. t • . .manimous ballot be cast for Lillian V. Moffitt. A sufficient majority having , voted therefor, the motion carried, Mrs. Moffitt declared elected Vice Chairpersoi -ad escorted to the Chair. The Chairperson recommended the General Ac • c Comndttee consist of the followinq members. Chairperson - Gabler and Vice Chairperson Members - Wilcox, Kasper, Page, Hobart, Pernick, Aaron, Price, Moved by Whitlock supported by Moore the Board concur with the appointments made by the Chair. AvEc: DiGiovanni, Doyen. F rtlno, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, Moffitt, Montonte, Moare, Murphy, Olsen, ',•••, F itterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, C,..di•.m (24) NA1.• Hone. (0) A ,ufficient majority having voted therefor, if motion carried, •regarding the 1.f.--.n 1 mlity of the County Division, with a r-leet it be referred to Clerk read letter from Conlifissioner Donald R. assuming the funding of the 43rd District Court, F on Civil Counsel for an opinion. 1 -.•:frriH to Civil Cone;1) Clerk read letter from th- ...aard or Commissioner staff thanking them for their thoughtfulness at Christmas. (Placed on File) . lcmiation of 4 : Si -,11. (Referred leti , Fr „, f in W. Walk, Chairman of the Oakland County TownshiL. rve,t,r. m.lot• I.:lit:, the Board to reappoint John Gnau to the Road to General 1.-/ernrnt Committee and Caucus Chairpersons) CL ,k read letter frry• the Berrien County Board rf Cmmissioners r propert. . mi. and urging he 1 . •' lators tc freeze th I . rm m at th. be mend I 1 to :ontinue th . to K-17 education e: s gi unt. I (Referred P i,•v. 1 Governmen• tommittee) Commissioners Minutes Continued, January 15, 1981 The Chairperson declared a recess for a meeting of the General Government Committee. The Board reconvened at 11:10 A.M. Moved by Gabler supported by Murphy the 1981-I982 Rules for the Oakland County Board of Commissioners be adopted. AYES: Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, McDonald, Moffitt. Montante, Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried, Moved by Gabler supported by Patterson the Standing Committee membership for 1981 be appn)vod, AYES! Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, McDonald, Moffitt, Montanre. Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni, Doyon. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. REPORT By Mr. Gabler IN RE: APPOINTMENTS TO PERSONNEL APPEAL BOARD, AIRPORT COMMITTEE AND PARKS AND RECREATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee recommencL the appointment of the following individuals: PERSONNEL APPEAL BOARD - 1 Year Term: Charls T. Whitlock and James A. Doyon AIRPORT COMMITTEE: William T. Pattersc-, F. Gabler, Jr, and John R. DiGievanni PARKS S RECREATION COMMISSION - 3 Year Ten' • Joseph R. Montante, M.D. and Carol Stanley The General Government Committee by its Chairperson, Wallace F. Gabler, Jr. moves the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Wallace F. Gabler, Jr., Chairperson Moved by Gabler supported by Murphy the appointments recommended by the General Government Committee be confirmed. Moved by Aaron supported by Perinoff the question be divided and vote on each Committee separately. A sufficient majority having voted therefor, the motion carried. Moved by Gabler supported by Murphy that Charles T. Whitlock and James A, Doyon be appointed to the Personnel Appeal Board for 1 year terms. Moved by Perinoff supported by Patterson that nominations be closed. A sufficient majority having voted therefor, the motion carried. The vote was as follows: AYES: Gabler, Geary, Gosling, Hobart, Jackson, Lanni, McDonald, Moffitt, Montante, Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni, Fortino. (24) NAYS: None. (0) ABSTAIN: Doyon. (1) Charles T. Whitlock and James A. Doyon declared elected members of the Personnel Appeal Board for I year terms. Moved by Gabler supported by Moffitt that William T. Patterson, Wallace F. Gabler, Jr. and John F. DiGiovanni be appointed to the Airport Committee, AYES: Geary, Gosling, Hobart, Wad, ,ra, Lanni, McDonald, Moffitt, Montantc, Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Price. Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni, Doyon, Fortino, Gabler. (25) NAYS: None. (0) William T. Patterson, Wallace F. Gabler, Jr. and John R. DiGiovanni declared elected members of the Airport Commdttee. Pernick Price Whitlock Wilcox y a • Fortino Gabler Geary - Fortino, Montante - Fortino, Montante - Monlante, Stanley - Montante, Stanley - Fortino, Montante - Montante, Stanley - Montante, Stanley - Fortino, Montante - Fetrtino. - Fortino; Montante - Montante, Stanley - Fortino, Montante :gni, 4 Commi5sio,o, Minutes Cont'rt.A, January 15, 1981 • 1 i Gabler 1.•d by Murphy tt-G• R. Montante, M.D. and Carol Stanley be appointed in f the - t Had Recreation Commii—ion for 3 year terms. Mr. Ltice nomin •1+ • Discussion followed. y Fortino. • Supported hy Mr. Perinoff. Moved by Aaron supported by Doyon the appointments to the Parks and Recreation Commission be referred back to the General Government Committee. A sufficient majority not vcted therefor, the motion failed. Moved by Murphy supported by Montante that nominations be closed. A sufficient majority having voted therefor, the motion carried. The result of the roil call vote was as follows: Gosling - Montante, Stanley Hobart - Montante, Stanley Jackson - Montante, Stanley L ii - Montanle, Stanley • 1 Montante, Stanley hi•- - Montante, Stanley M •atante - Montante, Stanley Moore - Fortino, Montante Murphy - Montante, Stanley Olsen - Montante, rtanley Page - Montante, -.t -Patterson - Per muff - to; ten The result of the vote r,a ,s 1)1 lows' h.-.teph R. Montante - 24 C d Stanley - 16 I , • Fortino - 9 Joseph R. Montante and Carol Stanley declared elected members of the Parks and Recreation Commission for 3 year terms. Moved by Murphy supported by Jackson the rules be suspended for immediate consideration of the following resolutions: Acceptance of the 1981 Cooperative Reimbursement Program Grant - Friend of the Court Adoption of Amendments to Revenue Bond Ordinance Clinton-Oakland Sewage Disposal System - Orion Township Extensions AYES: Hobart, Jackson, Lanni, McDonald, Moffitt, Montante, Moore, Murphy, ( Patterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Canney, Fortino,.Cabler, Geary, Gosling, (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried, Misc., 81001" By Mr. MtA-phy IN RE: ACCEPTANCE OF THE 1981 COOPERATIVE REIMBURSEMENT PP0Ck=44 GRANT'- FRIEND OF THE COURT To a• h land County Board of Commissioners Mr. U., -son, Ladies and Gentlemen: WHEREAS Miscellaneous Resolur't:n //8145 rhauires the Finance Committee to review of all that vary less than fr (10) p'r ...:-.Htt from the grant as applied for; and WHEFtAS the Oakland Count: F.tt ,' of tomm;;sioners, by Miscellaneous Resolution 119242, authorized the application for the continuation if the Cooperative Reimbursement Program - rriend of the Ceur:; and WHEREAS the Finance Committee has reviewed said program as approved by the State of Depart -nt of Social 'arvices and finds the grant program award for $1,368,805 varies less tf,n t,n (10) percent from the 1,499,800 in the original grant application and covers the period of j•luary 1. through .Hth r 31, 1981; and WHEVA•. I!, C. Jrity of this grant is S469,925, or thirty-four (34) percent, of which S62,567 is soft ,..hch contributions to the program; $8,460 is cash contributions to the program; and $398,2°.8 is fc.• salaries and fringe fr-nefit costs; and WH1_,.0• funds are available- as follows: 6..,,t:67 Soft M.r -,h $ ?- 460 Friond f the Court 1981 Budget Grant Match line-item Alreak-ornsided in 1981 Budget Commissioners Minutes Continued. January 15, 1981 NOW THEREFORE BE IT RESOLVED that the amount of ±,4B0 is available in the 1981 Friend of the Court Grant Match line item; said funds to be ,te to the 198! Cooperative Reimbursement Program - Friend o the Ceert account. Mr. Chairper• eu, I move the adoption of the for -_->ing resolution. FINANCE COMhITTEE Dennis I. Murphy. Chairpersi ,n Copy of Comparison application on file in the County Clerk's, Office. Moved hy Murphy supported by Caddell the • eeeei.:eri be adopted. AYES: Jackson, Lanni, McDonald, Moffitt, Montante, Moore, Murphy, Olsen, Pe, ltterson, Perinoff, Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGicvanni, Doyon, Fortino, Gabler, Ceary, Gosling, Hobart. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted, Misc. 81002 By Dr, Caddell IN RE: ADOPTION OF AMENDMENTS TO REVENUE BOND ORDINANCE To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS, by reason of favorable construction bids it is now possible to rc,duct' the estimated cost of the Oakland-Orion Sewage Disposal System and to reduce the aggregate amount of the revenue bonds to he issued by tile County of Oakland to finance the acquisition of said System as 'iut forth in the Amendment No. 1 to the Contract for Services, dated as of August 1, 1980, between the County of Oakland and the Township of Orion pertaining to said System which Amendment No 1 to thc Curl- tract for Services is submitted herewith, and WHEREAS it is necessary to amend the Revenue Bond Ordinance heretofore adopted on August 14, 1980, as Ordinance No 21 pertaining to the Oakland-Orion Sewage Disposal System, NOW INERLFORE BE IT RESOLVED that the following Amendment to Ordinance No. 21 be and the same is hereby adopted: ORDINANCE NO, 22 AN ORDINANCE TO AMEND ORDINANCE NO. 21, ENTITLED: "AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF THE OAKLAND-ORION SEWAGE DISPOSAL SYSTEM TO SERVE AREAS IN THE T3WNSHIP OF ORION AND TOWNSHIP OF OAKLAND IN SAID COUNTY; TO PROVIDE FOR THE ACQUISITION OF NEW AND THE CONNECTION TO EXISTING SEWAGE DISPOSAL FACILITIES AS A PART OF SAID SYSTEM; TO PROVIDE FOB THE ISSUANCE AND SALE OF REVENUE BONDS 'TO DEFRAY THE COST THEREOF; TO PROVIDE FOR THE RETIREMENT AND SECURITY OF SAID BONDS; AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID SYSTEM AND SAID BONDS" THE COUNTY OF OAKLAND, IN THE STATE OF MICHIGAN ORDAINS: Section I. Sections l(f), 3, 4, 14, 18, 19, 20, 22 and 25 of Ordinance No 21 of the ordinances of the County of Oakland, as adopted on August 14, 1980, are hereby each amended to read as follows: Section 1 (f) The term "Contract for Services" shall be construed to mean the contract entered into between the County and Orion entitled Oakland-Orion Sewage Disposal System Contract for Services, dated as of August 1, 1980, and set forth in full in Ordinance No. 21 of the ordinances of the County of Oakland, dated as Of August 14, 1980, as said Contract for Services is amended by Amendment No i thereto, dated as of January 1, 1931, in form substantially as follows: AMENDMENT NO, 1 TO OAKLAND-ORION SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES This amendment No. 1 to Contract was made and entered into as of the let day nf January, 1981, by and between the COUNTY OF 0Ail_AND, a Michigan county corporation, -acting by and through its County Executive and Department of Public Works, party of the firSt part, (hereinafter sometimes referred to as the "County" and the "Department of Public Works"), and the TOWNSHIP OF ORION, a Michigan township corporation located in the County of Oakland (hereinafter referred to as the "Townshie), party of the second part, all in the State of Michigan. WHEREAS the County is presently engaged in carrying out proceedings pursuant to Act No. 94 of the Michigan Public Acts of 1933, as amended, to finance, construct and operate a sanitary sewer as an extension of the Paint Creek Interceptor (herein sometimes called the "Interceptor") in the Clintcn-Oakland Sewage Disposal System (herein sometimes called the "System'), a e—auee dis- posB1 established by the County pursuant to Act NQ. 155 of the Michigan Public of 1957, as amended, and more recently extended and enlarged by the County pursuant to Act No ,='; the Michigan Public Acts of 1939, as amended, and WHEREAS the contracts and agreements among the County and the Township and otl:ai units of government in the County pertaining to the Paint Creek Interceptor in the Clinto --0: Sewage Disposal System permit the County and the Township to acquire additional sewage ci:sp-,.1 as extensions of and connections to said Interceptor and System within the designated •irvice area and districts thereof; and e Contract for Services are proposed as herein set forth ,ration of the premises and the cov.anarrq of each ,the parties 6 Commissioners Minutes Continued, January 15, 1981 WHEREAS the County and the Township have enter-.; into the Oakland-Orion Sewage Disposal CwItract d-,e1 as of Augiert I (hereie ;ometimes celled "Contract for ',1 -•iece."); and WHERUo. Cot et • ,c, . 21 ; of Commissioners en August 14. cane Ly r- e-- duly eiee o- pursuant - tnd ;owe... in it under the provisions of Act No. 94, Put Acts of litchi ar 19"jJ •:or •,ieecied, e • hlished and intends to finance the acqel ,:tion of the "Oakl ;posal (ireinafdr referred to as the "Oakiand-Orion System") for the n7ting, oe-ting and posing of sanitary sewa- rer ,olting from the ar:ds the fa. 'lities -.ntially a; ei. ng. on Exhibit "A" to said C s for Services, tf e. is as set forth on Exhibit 'En' .et,ached to said Centre t for Services; and WHEREAS the Counlo b o ebtained constructio _AY; for the facilities of the said Oakland- Orion System (herein SCI1E',F,.. referred to as the 'pr 't'') which construction bids are sub- stantially lower than the . timated costs so that a nre estimate of cost has now been prepared which revised estimate of co .t is set forth herein e I-- A Exhibit "B" attached hereto and by this reference, made a part hereof; and WHEREAS the revision in costs has necessitate,,, a revision of the schedule of n7e ,-e.-ets to be made by the Township to the County pursuant to the Contract for Services, which rei ,.ed h.- e:le of payments is set forth herein as Revised Exhibit "C" attached hereto and by this refe -eni : a part hereof; and WHEREAS other am - r NOW THEREFORE, in hereto agree as follows: I. Revised Exhibit "E ;-.-eo; revised Exhibit "C", hereunto are -e. b , each approved and adopted in the place and teee el Exhibit "B" and Exhibit "C" ,, 0— C-•ti.,t for Services and any and all references to Exhibit "B" or Exhibit "C" in Contra ei ee Services shall refer hereafter to the Revised Exeeeit "B" and Revised Exhibit 'le e , hereunte 2. The change in the amount of the re venue bonds to be leeeod the rn.ine, irom $4,850,000, as stated in paraoiraph 3.b of the Contr ,- ;--- ''orvices, to 52,25,000, as set forth on Revised Exhibit "B" hereooto attached, is approve'd ey adopted. 3. F,rei:7reeeh ,. 9 and 10 of the Contvnrt for Services are hereby amended for purposes of clarity to read as. follows: 9. The iawnship shall also pay to the County, from time to time, as in writing the following: a. Any increases in the amounts shoya on Revised Fo ,H:et made •Hee....000 by reason of increased costs of the Oakland-Orion Syst ee. ae.i/or incro-e. the County or made necessary hv reason of in item b. Payments require to replace .o replenish funds spent erom eir taken or' e of any re- serves as provided in the re -. bend ordinenee(s) of the County. c. Payments requir ' • r evergercy repairs to or replacement of facilities of the Oakland-Orion System. d. Sewage disposal ael operation and maintenance costs of the Paint Creek Interceptor and the Clinton-Oakland Sewage Disposal System as established from time to time by the County. In addition, the Township, hees agreed herein, as lessee, to pay or to provide for payment of general expenses of maintenance co the Oakland-Orion System and of its operation and use to provide sewage disposal services in the leerlo.ihip. The Township hereby acknowledges as a customer and whole- sale user of the Oakland-Orior Horeo, its full faith and credit general obligation hereby created to make payments to the County as preoileo in this Contract agrees in each year to provide in its water or sewr7 f]-1 budget or in its neei-I .ind budget, a first budget priority, for the pay- ment of its ‹e.liooioo-; as set forth in .acurred r • ra this Contract, and especially Re- vised Exhibit "C" thereto. 10. If the Township does net the payments hi ,ein provided. within 30 days after the due date specified, then there shall be te filch charges a penalty of one per cent (0 for each month or fraction thereof for which ti, o remain unpaid. It i specifically recognized by the Township that the payments required to hi reeejee by it pursuant te Reviseol Exhibit "C" of this Contract are to be pledged foe - th...f payment of the principal ano irereeit on revenue bonds to be issued by the County, subject te :'>ee transfer part of pay,Pec to the Townsh;p of Oakland, as herein provided, a,2 Township covenants and agrees that it will make the required payments to said County prompl .;y 7io1 the times herein specified. The County shall have the right to utilize any method pernieiel e law for the collection of such rates and 1-iarges due said County under this Contract. Tiie sae ,ad delivery by the County of its revenue Loid, or the in- curring by the County of an irreeoee,l.le obligation to pay for any of the- items ot it of the Oakland-Orion Swem, as set forth on Revised Exhibit "C" or as provided in this ('entoict, shall create an irre ,,en ,,hle general obligation in the Townchio to reimburse the County ,/ relking the payments as here,eie provided, or otherwise, subject only to credit for unused bond prcy:eeds or other funds available to, obtainable- by or in te een,r,1 of the County for appl- 1 a on such general obligation of the Township, which approo ,t: • ILe County hereby agree 1 eel_ In of the county to complete or to place in operation Oakland-Orion System for are - re son not in the control of the county and not covered by insurance or agreements of indemnificeion shall be at the sole risk of the Township. The County shall, however, utilize any method permitted by law afror.,, of revenne to:e::i; issued by 144,000.00 12,000.00 11,312.00 3,000.00 8,550.00 2,500.00 1,000.00 2,500.00 90,000.00 135,000.00 120,000.00 38,000.00 2,450.00 10,000.00 325,000.00 169,867.00 357,708.00 Commissioners Minutes Continued. January 15, 1981 to complete and place :n .r.fice the Oakland-Orion System, LL As amend•d h. cel. the Contract for Services shall be and remain in full force and effect as 1.1.•rein provided, IN WITNEcS WHERECi', the parties hereto have caused this Amendment No 1 to he executed and delivetH I their respective duly authorized officers, all as of the day and year First above writtn, COUNTY OF OAKLAND on behalf of the Oakland-Orion SevJage Disposal System By County Executive TOWNSHIP OF ORION By Supervisor and Township Clerk OAKLAND-ORION SEWAGE DISPOSAL SYSTEM ESTIMATE OF COST Construction Cost $1,092,113.00 ' Contracted Services - Project Development: Consulting Engineer Soil Borings Legal and Financial Services: Legal Services Contracts with private users and Township Ordinances Financial Consultant Bond Prospectus Bond Printing Publication County Services - Project Development: Engineering Easement Acquisition Construction Inspection Administration Soil Erosion Permit Administration, Orion Township Capitalized Reserve Contingency Estimated Capitalized Interest (7/1/81; 1/1/82 & 7/1/82) Total Project Cost $2,525,000.00 I hereby estimate the period of usefulness of this facility to he forty (40) years and upwards. JOHNSON AND ANDERSON, INC. By fL Anderson /5/ EXHIBIT "V (Revised 12/23/80) Year 1982 1983 1984 1985 1986 1987 198 1989 1990 1991 2no ,rcYA 20=7, Iri06 2007 2)0' 2010 B Commissioners Minutes Continued, January 15, 1981 OAKLAND-ORION SEWAGE DISPOSAL SYSTEM Schedule of Annual Payment Principal Paymen June 1 $ 50,000.06 50,000.00 50 ,,Cf0.00 05 iSt'%00 BBC 00 BB , "-,L 0 6.(1171 )00,06 1.47.0 BC In addition the Township shall pay on June 1 and December 1 to the County interest (not capitalized) on the unpaid installments scheduled above at the rate at which interest is due on the revenue bonds of the County plus paying agent fees and other bond administration costs pay- able by the County. EXHIBIT "C" (Revised 12/23/80) Section 3, The County does hereby adopt the said engineer's estimate of forty years and upwards as the period of usefulness of said project and also the said engineer's estimate of Two Million Five Hundred Twenty-Five Thousand Dollars ($2,525,000) as the cost of said project, both of which estimates are on file with the County Clerk. Section 4. There are hereby authorized to be issued and sold pursuant to the provisions of Act No. 94, Michigan Public Acts of 1933, as amended, revenue bonds in the aggregate principal sum of Two Million Five Hundred Twenty-Five Thousand Dollars ($2,525,000) for the purpose of de- fraying the cost of the said project. Said bonds shall be known as :County of Oakland "Oakland- Orion Sewage Disposal System Revenue Bonds"; shall be dated as of February 1, 1981; shall be numbered consecutively in the direct order of their maturities from 1 to 505, both inclusive; shall be coupon bonds in the denomination of $5,000 each; shall be registrable as to principal only, in the manner hereinafter set forth in the bond form; shall bear interest at a rate or rates to be hereafter determined not exceeding ID% per annum, payable on July 1, 1981, and thereafter semi-annually on the first days of January and July in each year; and shall mature on July first in each year as follows: 1982 - $ 50,000 1992 - $ 75,00 2002 - $ ict,et-2.3 1983 - 50,000 1993 10Y5,0) 2003 - 100, 3s 1984 - 50,000 1994 - 100,0 2004 - 1.N„CCC 1985 - 50,000 1995 - 100,000 2005 - 1986 - 75,000 1996 - 100,000 2006 - 100,00fr, 1987 - 75,000 1997 - 100,0C;:t 2007 - 1988 - 75,000 1998 -100,0CC rBBC 101 0.00 1989 - 75,000 1999 - 100,C0l .B0 1990 - 75,000 2000 - 100,000 2 C10 100,(16,0 1991 - 75,000 2001 100,000 Commissioners Minutes Continued, January. 5, 1981 The bonds of said issue maturing in th ,.•rs 1990 thru 2010, shall be subject to redemption prior to maturity, at the option of the County, in any order, on any one or more interest payment dates on and after ..,..ly 1, 1989. Each bond callA for r.,,demption shall be redeemed at the per value thereof and ..c,.ued interest, plus a premium in act.' ,.dance with the followinc:,schec..ule, $250 if cal le to be redeemed on or after July 1, 1 but prior to July I, 1994 $200 if called to be redeemed on or after July I, I -i but prior to July 1, 1952 $10 if called to be redeemed on cr after July 1, 1,92, but prior to July 1, 2002 $100 if called to be redeemed on or after July I, but prior to July 1, 2006 50 if called to be receemed on or after July 1, 2006, but prior to maturity. Notice of redemption shall be gix;en to the holders of the bonds to be rer:eched ky of such notice not less than thirty (30) days prior to the date fixed fir redemption at lease once in a newspaper or publication circulated in the City . of Detroit, Michigan, which carries as a pari of its regular service, notices of the sale of municipal bonds: Provided, that where any bond sh,7,11 bc regi5tered, then notice of the redemption thereof shall be given by reOstered or certif1ed Unitod States mail addrc--.4 c the registered holder thereof at the address shown on the re*tratien hooks of the pay in;...;. 1, which notice Ira 11 Jr. mailed not less then thirty 30) days prior the date fixed for rec..:mpticn. Bonds so called for redemption shall nct bear interest atter the date fixed for rede!rfon, provided funds are on hand with the paying agent tr.: redeem the same. The principal of said bonds and the interest thereon shall be payable in lawful momey of the United States cf America at such bank or turst company which qualifies as paying aqent undc ,r Federal or Michigan law and is designateC by the or purchaser of the bends, upon presenttion and surrender of said bonds and attached coupons as they severally mature. Section 14. The revenues of the system are hereby pledged for the purrese cf the I, II funds, and as collected shall be set aside into a fund tG be known as the "Rcceivin(:, fi!rcl" system, and shall be transferred the per into separate and special funds, as follows: 1. Operation and Maintenance Fund, Out of the revenues in the Receiving Fund, there shall be first set aside in each quarter into a fund to be designated "Operation and Maintenance Fund", a sum sufficientto provide for the payment for the next Quarter of all current expenses of administration by the County on account of the System. The term "current expenses of administration' shall be construed to include all reasonable and necessary costs incurred on account of the issuance and payment of the bones and a proportionate share of the cost of operating the County Lxieutive and Pep.?rtment of Public Works (including without limitation sal..ri,• supplies and ren.) as detr- mined on the ba ,,is of actual cost as described in the Contract 1...r ":.• but shall depreciation and payment ,, into the Bond and Interest_ Rctdemption Curd. 2. Bond and Interest Redemption Fund. Out of the remaining ',venues in the Ray lying Fund, there shall be next set aside each quarter into a fund to be designated "Bond and Interest Redemption Fund", a sum proportionately sufficient to provide for the payment as the same become due of the next maturirc principel and interest on each issue of bonds then payable from the revenue , of thc System: Provided, that the amount so set aside for interest on the bonds herein authorized, in each cuarter during the first six (h) months of each fiscal year, shall not be less than one-half (1/2) of the total amount of interest (not capitalized) maturing on the following July first, and during the last six (6) months of each fiscal year, shall not be less than one-half (1/2) of the total amount of interest (not capitalized) maturing on the following January first, and the amount so set aside for principal on the bonds herein authorized, in each quarter during each fiscal year, shall not be less than one-fourth (1/4) of the amount of principal Maturing on the July first immediately following such fiscal year, and if there shall be any deficiency in the amount previously set then the amount of such deficiency shall be added to the current requirement. There is hereby appropriated from the proceeds of the bonds for the purpose of creatino a reserve in said Bond and Interest Redemption Fund, for the bonds herein authorized, the sum of Y215,000. If at any time said reserve shall be less than 5325,000, then there shall be set aside reserve quarterly a sum sufficient to restore said reserve to $32$,000 at the earliest possible time, If arn, additional bonds of equal standing shall be issued, the authorizing ordinance shall provide for a comparable reserve therefor, Moneys in said Bond and Interest Redemption Fund may be used for the redemption of bonds: Provided, that except in case of refunding, no bonds of any issue less than 'Ii th=‘ outstanding bonds of said issue, shall he called for redemption unless the County shall ha', on hard in said fund sufficient moneys therefor not otherwise appropriated or pledged. in , • .. the amount of interest and principal maturing on all issues of bonds then payable from the - venue , of the system within the next eighteen (IP) months from the redemption dote, and for 'hi of determ;ring the amount on hand, moneys in the reserve shall not be considered as aerropriat.•. ,.• pledged. In any case where moneys are available for the redemption of bonds, such money • used instead to purcha%e bonds on the open market at the best price or prices obtainable, but • ' I,, excess of the then rirl;:ition pr1ce. When Inc principai amount owing upon any bonds shall l• reduced to the anou.t the reserve therefor, then the principal of such bonds shall he paid from such reserve. In respect to the allocation and use of moneys in said Bond•and Interest Redemption Fund, due r:cognition shall be given as to priority rights, if any, between different issues or series of outstanding bonds., The Contract for Services between the County and Orion provides for the creation and maintenance by Orion of a replacement fund and a surplus fund and for the use of each of funds in connection with the System and with the obligation of the public corporation with respect to the system. Number $5,000 10 Commissioners Minutes Continued. January 15, N- disbursements shall be madc from so:: Receiving Fund except to the special funds a provided. tno 18, While any of the Fir'. L rc ii ith.-,-ized to be issued sh-.11• bc outstanding. additinr.,1 b ,sids payab:n from the rev-nn-•• t•'' the /st miy he issued which bill have an egual stirring rewith .••inner and to thi. ,1 ,,t in the Gimtraci f•- C....,i(n•s which in- cludr tfr right tn additional brrnIs • ...ling in a sum not to n... -•.! To Hundred HousandF cc:•nindred Dollars the completion ol the H , t herein di in event the bonds herein authoriz(...1 ',7 1 1 1 -1 to tie insufficient in: and the right . .n;ditionai bonds payabl- irom the 'n • r ui-; of the System for the put! )se of improving, enlar,ini -id/or extending the or for the purpose of retnnding these bonds or any other bonds p. le from the reventi,:. th,, System, all -.5 provided by law, which bonds when issued shall n:e equal standing with bonds herein authorized; nrrn•'d,A, that the public corporat or.. in i-,•,-norate limits the imkrovements, enlarents Or ,E,/.11;i--15 are located shall have . or suppl the pertinent Contract for Setvic: •••• contract.. ;:ci provide fnr charges to users anj fc,r i nt's '') the County in amounts required pursu-n t- Section 13 hernnf fn- n11 outstanding bonh i ti - such additional bond--; then being 15 er. I. such additionz•I Ln•ir.1 tall be issued if ti. I.e. .; then be in defnult in making any 1. ,.•--n•s to the Operatirn 'Thintenance 'and or the and Interest Redempti-a Fund, Permissio,, runi-cipal Finarie ission of the State of Michigan (or such otr,et crate commis ,"nn or aginnny as shall jurisdiction -)ver the of municipal bonds) to issue such addition,1 rends shall constitute a conclusive PnesumPtion "( tht-, existence of conditions,permittinn the issuer:... theof, Section 19, The bonds and attached o ,ipons herein authori7ed to be issued, shall be sub- stantially in the following form, to-wit: UNITED STATES OF AmER1CA STATE OF MICHIGAN COUNTY OF 1211K1:\NO OAKLAND-ORION SEW/17E DI .;AL SYSTEM REVEFL - Li- -1 --- KNOW ALL MEN BY THESF :F .Fi-)S, that the County of Oakland, Mi ,, 'ereby acknowledges that it is indebted and for valu inc-ived promises to pay to the beer- r (or if this bond bn registered, to the registereC !,,Ider hereof) the sum of FIVE THOUSAND DOLLARS on the first day of July. A,D. 19 , and to pay interest thereon at tn: . ,F ) per centum per annum from the date hereof until ]:-A,.rnnit being payabl ,- on July 1, 1981, and thereafter semi-annually on the first da. c 7 principal and interest are to be paid solely out of r principal and interest are payatln in lawful in oaying agent, in the of . , (or at agent, in the of coupons hereto attached as they Thi , bond is one of a seri.:], of r like dale and tenor n ,,:snpt as to maturity , numbered consecutively in the dirent order of their maturitl? from 1 to 505., both inclusvie. rlregating the principal sum of (wo Million Five Hundred Twenty-Five Thour,nd Dollars (52,525,000) issued by said County of Oakland under the pursuant to and in full conformit,t the Constitution and Statutes of the State of Michigan (especially Act No. 94 of the Public Acts of 1933, as amended), and Ordinance No. 21 duly adopted by the Board of ComwHsioners of said County on the 14th day of August, 1980, as amended by Ordinance No, duly anopred on January ,1981, The bonds of this series are issued for the purpose of defraying the cost of r,nd July in each y-:-.r -,r, which specified, .n the WaltnJ 6taes of America at nptif..n of th- tnIder at c-paying presentation and surrender of this bond and the of the Oakland-O•kn , pui,.•nt. to a Contract for Ser ,/..: thernt:n dated as of January 1, 1) the public Corporation. This bond is a self-liguidatir or of any rnhlic corv..,. H on, a n i ci any public cor,n. n-n, • •; thin of and 1,-..nads of thi Orion Sewag., Disposal payable pursu.:.nt to tfn, Contract fc, ments are a full faifti )i the prtncipal of and intst on be i ,,ned pursuant to the terms of i••.t-nn,: payable to the County, wh;ch isposal System in said County estimated at $2,525,000, of August 1, 1980, as amended by Amendment No 1 the County and the Township of Orion, herein called bond, is not a general oblination of said county mIstitute an indebtedness of the aid county or of statutory or charter The principal .es, are pa'nF ,e, solely from the revenues of said Oakland- ny fu r'^7.!..0vments, en-1,nrgement,', and extensions thereof) e! with the Thwriship of Orion which pay of said and the payment c-Cc equal standing vni] h •! i iecured by a st',untory first lien on .n.h : give the holder aulority to compel 1,1 -!.' of The bonds of this series maturing in 111- . 1990 to 2010, both inclusive, sr—: t to 1-Aemption prior to maturity at the option cl inn nounty, in any order, on any one or interest payment date on and after July 1, 1989, at the par value thereof and accrued in:,rnst plus a premium on each bond in accordance with the foll ,,,,winn schedule, to-wit: ATTEST: County Clerk (SEAL) COUNTY OF OAKLAND By Chairman of Board of Commissioners Commissioners Minutes Continued. January 15, 1381 11 $250 if called to be redeemed on or after July 1, 198), but prior to July 1, 1994 $200 if called to be redeemed on or after July I, l!' but prior to July I, 1998 $150 if called to Le redeemed on or after July 1, but; prior to July 1, 2002 $100 if called to be redeemed on or after July 1, , but prior to July 1, 20OS $ 50 if called to be redeemed on or after July 1, 20C• but prior to maturity, Notice of reder ,ation shall be given to the hole -rs of bonds called to be redeemad, hy publication of such n- air- r- t less than thirty (30) days prior to the date fixed for• redemptioo, at least once in a neweser or publication circulated in the City of Detroit, Michigan, whiell carries as a part of its regular service, notices of the sale of municipal bonds: provided t1 ,- where any bond shall be registered, than notice of the redemption thereof shall be given b, ra ,• istered or certified mail addressed to the registered holder thereof at the address shovm on the bord registration books of the principal paying agent, which notice shall be Tailed not iSF, than thirty (30) days prior to the date fixed for redemption. Bonds so called for redemption shall not bear interest after C'.• eate fixed for redemption, provided funds are oh hand with the payine agent to redeem the se,, The County of Oakland hereby covenants and acrees that at all times while any of the bonds of this issue shall be outstanding, there shall be in effect the Contract for Setvire, a amended, with the Township of Orion establishing and providing such rates for services furnished by said Oakland-Orion Sewage Disposal System as shall be sufficient to provide for the payment of the expenses of administration of said system and to obligate the Township, as lessee, to pay all expenses of operation and such expenses for the maintenance thereof as may Le necessary to pre- serve the nrme in 000d repair and working order; to provide for the payment of the interest upon and the principal of all bonds payable therefrom, as and when the same become due and payable, and for the maintenance of a reserve in the bond and interest redemption fund as required in said ordinance; .Jrd to provide for such other expenditures and funds for said system as are required by said ordinance. Rates shall be fixed and revised from time to time pursuant to the said Contract for Services, as amended, so as to produce the foregoing amount5. This bond may be registered as to principal only in the name of the holder on the books of the r.,ircoal paying agent, and such registration noted on the back hereof by an officer of said agent, and thereafter no transfer shall be valid unless made upon the said books and likewise ueted on the back hereof. Transferability by delivery may be restored by registration to the bearer. Negotiability of the interest coupons shall not be affected by registration. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed, precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and canner as reguirzd by law. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners has caused this bond to be signed in its name by its Chairman and attested by its County Clerk, and its corporate seal to be affixed hereto, and has caused the annexed interest coupons to be executed with the facsimile signature of said Chairman and County Clerk, all as of the first day of February A.D. 1981, (COUPON) NUMBER S On the first day of _ , A.D. 19 , the County of Oakland, Michigan, will pay to the bearer hereof the sum of Dollars, lawful money of the United States of America, at in the of , paying agent, or at the option of the holder, at in the of , co-paying agent, same being the interest due on that day on its Oakland-Orion Sewage Disposal System Revenue Bond, No , dated February 1, 1980. This coupon is not a general obligation of said County, is payable solely from certain revenues as set forth in the bond to which this coupon pertains. and is subject to the redemption provisions in said bond. FACSIMILE County Clerk In W:..a• Nome Registered FACSIMILE Chairman of Board Of Commissioners REGISTRY Date of Registration Signature of Officer of Paying Agent Section 20. The prneces of the sale of the bonds herein authorized to be issued, stall - be -ncreived by the County Tr.:J..1,1,r and placed in the fund hereby established and designated the Consre Jetion Fund: Provided that any portion of said proceeds, which from time to time is not required for immediate disbursement for corstruction may be invested in United States Government ohlreations or as otherwise provided by lew upon authorization by the County Executive and Department of Public Works. From said moneys there shell first be transferred to the Bond and Interest Redemption Fund, any premium and capitalized or accrued interest paid to the County by the purchaser of said bords and the amount eppropriated herein as a reserve, The balance 12 Commissioners Minutes Continued, January 15, 1981 of such proceeds sh,11 be used solely ? ...)y the cost of te... hereinbefore descsibed and arty engineering. 1-2,? z:id other •• •• irsident th• . .n1 -.kali be paid nut only upon authorization or ti. County Execucitt 0 • ,artment 't:i.rks: provided, that said County Executive and Department of Public Wcw... hall not authori..s7 the payment. of ,as . e h I .oneys for construction work until there shall hie Laen first filed with it a request tee r.o.,.sent from the contractor which is processed by the Department of Public Works and et fort?. , a written con- structiou •,-', it- :,sesded and approved hy authorized represon'.,tHes of ulting and of th• c(Jnty. ';:id construction estimate shall also show the of (.•;r1 ,ruction estts,., s which he,: lpsu itriotofore approved for payment and the amount of 0-'2 halani- which will to% -• -d for s. of the project. There is hetcbv apprpriated fi the pree':.1.5 of the the bonds a I .!n 'tient to pay the interest fOL, --' 15 cfni, bonds on July I, 1981 and Jane .r 1, and July 1, 19' spitali -zed intc :1 cF •..,5:,000 as a reserve io the Bond and Interest Redemption Fund - provided in S'-ctrcr 0 2 r. Section 22. Any unexpended Larais .F t.e proceeds of the sale of the bond , herein authorized remaiuirn after the completion of the or mi,y to the extent of Three Hundred S:e.inty-Eight. The hc.Ared Fifty Dollars 1 be used for the improvement, en1 i:c•.•at and/or of thv if such usc approved by the Municipal Finance C. and ary Jilance shall be paid I ely into the Bond en.' Issersst Redemp ion Fund and the sa- shall used only for -,•msat, redemption, t.r c,?.•1.. • ,h. 1 the fair market value of -:id bonds. Any I .', s,7 acquired by pa :'ment, t l• • shall be canceled and sh,1 1 not be reissued esd ..ar'dit shall be t i the C••t•ts.,st to each public corporat.p .s in i-duction of the te • moPts due te . County on act._,uat. oi :eonds. Secti ,:r Thst sealed pi-cis. -r the purch..,=.' of S2,525,000 Oakland font', "Oakland- Orion Sewage Ci ,.,psa •.-i-•tem Revenue Bond , to be dated February 1, 1981, be received up to 11:00 o'clock AM., Easier!? •:H.-:i?Ja?-d Time, on a date to be later determined by the County Executive and Department of Pub); Word-s, and that notice thereof be published in accordance with law in The Bond Buyer, which notice shaii be substantially in the following torn - OFFICIAL NOTICE OF SALE 52 ,5 25.000 COUNTY OF OAKLAND, STATE OF MICHIGAN OAKLAND-ORION SEWAGt. DIrrY:,.0_ SYSTEM REVENUE CONF. HALED BIDS for the purchase of the above bonds will be isteived by the under -I ei. the office of the Oakland County Department of Public Works located at No. 1 Public Works bris,. r,,,tip.c, Michigan 48054, on the day of 1981 until 11100 o'oloct m,, . . at which time and place said bids will be publicly opened and read. ••••,,•1 ,.111 p! ceived, in the alternative, on the same date and until the same time 0,, agso , 4.f ti e und,.,signed at the office of Bendzinski G Co., 1318 Buhl Es.:Iding, Detroit, Michig, whv - th-ty will simulta- neously be publicly ce.i.:d z•,-Id read. Bidde -s tkoose either location to pr•-s -ls bids and good faith checks as above .•,vicidad but not both lcs :.ions. The bids will he promptly -,!••itted to thc, Oakland County Executi ,a for award. BOND DETAILS: Said tit.,s will be coupon bone: (registrable as to principal only) of the denoministion C-iti $5,000 each, dated February 1, 1981, numbered in direct order of maturity from 1 upwards and will bear interest from their date payable on July 1, 1981, and semi-annually thereafter, Said bonds will mature on the 1st day of July, as follows: 1982 - $ 50.000 1992 - S 75.000 2002 - $100,0 0s": 1983 - 50,000 1993 - 100,000 2003 - 1984 - 50,000 1))4 - 100,000 2004 - 100,060 1985 - 50,000 395 - 100,000 2005 - 100,000 1986 - 75,000 19Sf - 100,000 2006 - 100,000 1987 - 75,000 1397 - 100,000 2007 - 100,000 1988 - 75,000 1998 - 100,000 2008- - 100,000 1939 - 75,000 1999 - 100,000 2009- - 100,000 1990 - 75,000 2000, - 100,000 2010 - 100,000 1991 - 75,000 2001 - 100,000 PRIOR REDEMPTION: Bonds maturing in the years 1995 h. 010, shall be subject to .d:,,,1*.n prior r, maturity, at the option of the County, in any or .' • , any one or more interes - 1•En it dates or after July 1, 1989,- at par and accrued interest to the date fixed for redemption, plus a pre- . o calls - to be redeemed on or after july i, 1989, but prior to July 1, 1994 5.,00 if c I ' t• be redeemed on or after July 1, 1994, but prior to July 1, 1998 S60 e ts be redeemed On or after July 1, 1998, but prior to July 1, 2002 $100 if call 'd to be redeemed on or after July 1, 2002, but prior to July I , 2006 $ 79 if called to be redeemed 7F or after July 1, 2006, but prior to maturity. Thirty days notice of r •dviiT:tion shall be given by publication, at least n: in a news- oP publication circulated in the City of Detroit, Michigan, which cacti-- of its r- it I:, service, not of sale municipal bonds, and in case of registeriA t ,rc:s thirty (30 c...ys notice shall he given by registered or certified mail to the registered ho .......if the regis - tered address, Bonds called for redemption shall not bear interest after the redcwri ion date, addit. cal •—no: , at sal . way be i•• 'erence of • •qual t. h -•) thu :1 • : t t bed .5 Minute)), Continued, J 15, 19al P1llll II11 (l a , h) Ii th. must COUP , r,. e, • )1 poin• 1, 1. ii the , of t, om)s e - at a i PAYING 1..h• 0)' Both prim: .1 in Miohi to di , F • t •F 1: ii•• 1 purchaser id gn• III lc,1 et '.. ne ti t. hondS or h,r• 1 . o-,I d, and Ordie inq the cc El •• • 1 I.CM. The ,ftra are se , - 'lite.. or of any , k.)ic curler at .ok ol I ic corpor t ion, wi th , re payable on ,a p,a.r tv I in said 1 ,-alirrh and ,•.. saiI Or Ilr: kl(1 any ot such 1 • da .1i. 1 I System a h.... 1 suflic , ni prori • OF said s iv. I • 1 the princil il and int , ). t serve ac,eunt therefor, end) te pob ,ide for so.It are required 0 said Ordin.n.a • -here is ar Interest Redemption EUr' '.•••1 :I (S32,5,,00 in a Contract for rvi, . .pl, 1, to operaO intain the faciliti.v. of the Oakland- Orion System, o , , . 11 o, • .ct:e..nt and suil i s fund in connection therewith and h • , 1l.irrH,t for Servi._ + h.d. in .rrd Na full fe'th fli er. ii neneral obligati. 'a i r • lpplicabie tax timi • . fa- sewag( 'iso ...; , •. es from the System, •••• r • liviiet obligation, in amount . .v• 0..dt.?.. to pay pr eat t and interest on the bondo, 1.a • .; maintain the re'.i.erve in ib. Bond ...ad Inter a I i Fund for the bond ,„ and . a' i ,roes of administraii of the county and the proportionato costs of operatiel, rbiro ..N•t ill! • ••:..,-;"" trebtnent thrmuih th - 'misting county ,e)(e)ine disposal facilities to whi .h C• . v•i o o.11 be coon..(,• AM) i'f)Nk _ ..• Ordihadmc , GOOD ,VnITH: A vartified or . cheek in the amount .91 ,500, drawn upon an incorporated Far k or tru ..t comrany and : : th. birder of che Trc b r of the County of Oakland must On- ompany (.•ch vid . a guar i • „i f ith on the part. of the bidder, to be for as liquidat J if such bi ) h d and the bidder I ifs to take up and pay for the bonds. Na inter t kill be allowed on I IA faith checkv and checks of the unsuccessful bidders will be pr or r ur n-al to each bind ),rresentative Of" by registered mail. The good faith check of the se• ( Fhl bid, r will be immediatelv cashed and payment for the balance of the purchase pri • of Ifr. k0 ..11 E. made at the closing. Al/AC 1 )0N))0. Th hiah. y.11 be awarded to the bld.A. r whose bid produces the lowest interest r • •C,I .1 at the rate or ratp . • ••1 ,Hed in the bid, the total dollar valJe 19 , , ,p(ir maturity and deducting therefrom any Pr , Lik ,1 01 • 111011: Pi .1 ! • nditioned tyPil the unqualified approving opinion of Dickinson, _ Wt toht . B tort CHM). -or Tney ,,,,, of Detroit, Michigan, a nopv of which opinion will hd pr I-I:, I n,, •I h I • hon.), • 1 h original of which will be fu..ni5hed without thereof, - execution at ii b I Bonds will I • d I rc ' • 0.; 1 .n. )...• • h ,i. Michigan, Chicago, Ili 'r•is or Ni. • rk b• 1 -1 . Th• Ii IC. t! , I cci. nl a certificate that no 1.tilation is --------1ag the i .thi, I ,h ivnk will be delivered at the time of the delivery of th- If the I• I, , b • ).•.• ' for delivery by twelve o'clock noon, Eastern )0 the !- h ri• if ,ate of .. ,le, or th first business day there- a'tei if . .id :-)5th •, .,.•10. • . ;he leilhr may on that rn- any I. +ft - dntil h 1 ,k• d 1.I , hi• pl..T• serving notise of can- c. I) ,ti lo in writinv. ••n if . und .i• .1 r ,. ! in whitl, ... at the C.unty Treasurer 11 p•omptly r urn 'h good fall :• ,/lu•nt for th• 0,-r j.. shall be rid e in Feder .1 roe Funds. • rded interest to tn. •Iat" of b. livery or the la n. s shall be paid by the purchv:„=r- at. the Lit e of delivery, Commi I bond. P. 1 ' their r ,r : • shall be pay•dd mkqlt under vost • -heem the same. • interest at a rate or r:i- ••• 7 •• 1 in multiples of 1/8 or I/. • . 1 . , or only, all be maturihq In ay • be year -Fell he reOrevenke.d by one ihiv.e.,„t - annum which two (2) percentage .1 ar Ike , • la e of less than all 1 1 he • • , • a • bank -r trust company located it d St A • • law, to he d-cienated , a eiqent, whica kay be ot under th.• law ot the t ;n ohich I Lo at. royal of the Ur. , od. hls of Act 94, Public Act of in as amended by Onilinont ii 22 , I:I...sting the Oakland-Orion Sewage • ii Hands, dre rm)t fal obligation of e. restitu(e an indc, • -t the county or . ni ponal, ',tatutory or charter limitation. I L„nds ,ht equal standing wh;oh boy be issued • net rev dies of s id System of the Count b . • Id • t ,rst lie• 1. e, has 1,)-n vstahli h I gy nd ,a,.. , t ti) maintain a • all a i Lei „, • a. 1 ,1 Orion • evp.. n - ) ) .nietration t• ti • bond re- • Lula), an. lien F a at SyStent 3S )it the bond pr.)• •.• !a to the Bond and hip of Orion nanted and agreed 14 Commissioners Minutes Continued, January 15, 1981. FINANCIAL CONSULP.NT: Further information with r trn .n.t. to said bonds may be obtained fr.: Bendzinski & Co , Municipal Finance Advisors, 13!'. Buni Building, Detroit. Michigan tS.n Telephci; (,s.k.;) THE P1 1t1IT I. P iF 'CD Tr! i:LIECT ANY OR ALL BIDS. : t.re . should be plainly marked "Proposal for Oakland-Orion System Revenue Bonds" County Executive, Oakland County, Michigan Dated._ APPROVCD: -- TATE OF MICHMThtii MUNICIPAL FINAN(t Section This ordinance shall be recorded in the minutes of the meeting of the Board of Commissioners which it was adopted, as soon as practicable after its passage, which record shall be authem,c•An.1 by the 5ignatnres of the Chairman of the Board of Commissioners and County Clerk of said Coun.y, and shall be published once in the Oakland Press, a newspaper of general circulation within the said County. This ordinance shall become effective immediately upon its adoption. Section 3. If an, si,ction, paragraph, sentence, clause or phrase of this ordinance shall be held invalid, the salt,. • .,t11 not affect any other part of this ordinance. Section 4. All ordinances and resolntions or parts thereof, insofar as the same may be in conflict herewith are hereby repealed. County ClerT Chairman of Board of Commissioners BE IT FURTHER RESOLVED that the County Executive be and he is hereby authorized and directed to execute and deliver the Amendment No. 1 to Oakland-Orion Sewage Disposal System Contract for Servic .., c the form set forth in the foregoing ordinz -n.e. BE IT FUETHEE ClALVED that the County Executive be and he is hereby authorized and directed to forward ur foregoing notice of sale and a sworn applic.r.rin for to i',sue said bonds to the Municipal Finance Comm 'ion for its appro,a1 and that lb5 Hi :i)rm, upon approval, be published in The Bond Buyer, :,, required by law, so as to offer the bonds therein described on a date and time to be chn,..o by the County Ex.,eutive, MR, CHAIRMAN, 1 move the adoption of he f ,regoing resoluni.nri. PLANNING AND EJILDING COMMITTEE G. William Caddell. D.C., Chairperson Moved by Caddell supported by Lanni the resolution he adopted. Vote on resolution: AYES; Lanni, Moffitt, Montante, Moore, Olsen, Page, Patterson, Perinoff. Pernick, Price, Whitlock, Wilcox, Aaron, Caddell, Canney, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobar. Jackson, (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 81003 By Dr. Caddell IN RE: CLINTON-OAKLAND SEWAGE DISRi13 - L M - ORION -1'n UENSIONS To he Oakland County Board of Commis...1i.- r Mr, Chairperson, Ladies and Gentlemen: WHEREAS the Township of Orion, by resolution adopte6 by its Township Board on January 13, IqH. has indicated that it i5 in 1?ed of certain extensions to the CLINTON-OAKLAND SEWAGE DISPOSAL /STEM to be known as the Oakland--Orion Sewage Disposal System as shown on Exhibit "A", attached L and has proposed that sf eAtensions to be acquired and constructed by the county be firn.nced temporarily from surplus funds on hand to the credit of the Township; and WHEREAS it will be advantageous to the Township of Orion and the County of Oakland if the temporary use of Funds is authorized by this Board of Commissioners in accordance with the request of the Township; and WHEREAS be Oakland County Executive has recommended adoption of this resolution, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That this Board of CommissHlers does hereby approve and authorize the transfer, pursuant to the provisions of the Conti., - Clinton-Oakland Sewage Disposal System - Orion Township Extensions, dated as of May 1. of up to $1,500,000, from the surplus funds now remaining after provision fcr all ccit• incurred in acquiring the said Orion Township Extensions pursuant to said Contract dated N. I, 1970 to the temporary payment of the construction costs of facilities of the. Oakland-Orion Disposal System in said Township (the "project"). xISTING PAINT CREEK INTERCEPTOR SEWER KRIPOS :DISTRICT LI HITS CREES$ SPIEL SECTIO OAKLAND - ORION ••n !SEWAGE DISPOSAL SYSTEM Commit,sionrs Minutes Continued. January 1 15 2. That the surplus fun herein authorized to be transferred shall be used by the County of 0•1 1 ,rd through its County E t,•;i-r And Department of Public Worfs for paymril temporarily of thr nara.truction cr- Es of tht dF• •• • in Accordance with the prc,Yisions of and Cu rh, fl ,rpos p s df • • r r in sdid I; nt , ! .• Pay I, 1970. and in the Oa! hi AA1 System cA . . g t A • Auust I, . . . 3,I c. rehy antiv.ri • .1 i• ."'..o :• !I hri A, F. p Extensions ac unt5. LI is unt sc,nlos tun(' A • .•to cc h 1, ; when the prr d • .1 the revenue hAncs Cs 1st:A:AL thA County ihAn. •• ,d.dti_did-Oriod System hay r• ceived. Mr, Chairpers.on, on behalf of the Plat-mind and t +Idi •g Committee I move thrt d.ption of the foregoing resolution, PLANNING AND BUILDING COMMITTEE G. William Caddell, D-C., Chairperson OAKLAND ORION SEWAGE DISPOSAL SYSTEM EXHIBIT "A" ' JU1Y 2..:780 ioners Minutes Continued. January 15, i981 Moved by Caddell supported by Jackson the resolution be adopted, AYES: McDonald, Maffit ,, Moore, Olsen, Page, P- rernick, Price, Whitlock, Wilcox, Aaron, Caddell, C.ep,a, OiGiovanni, Doyon, F4 rtica -bier, I ar •,asP hg, Jackson, Lanni, (23) NAYS i None < (0) A sufficient majority having voted therefor, the resolution was adopted, Misc. 81004 By Mr, DiGiovanni IN RE: LEGAL FEES To the Oakleai County Board of Comissioners Mr. Chairper.,..n, Ladies and Gentlemen: WHE-io this Commiss!oner found it necessary to defend himself by virtue of his office in a court suit; and WHEREAS such action ienuired the service of professional counsel for said Commissioner: and WHEREAS said suit has L.'en dismissed with prejudice in the Macomb County Circuit Court -.old the cost of outside counsel amounted to $5,887,70; and WHEREAS by Act No, 508 of the Puhlic Acts of 1978 reaffirms that the Board. of Comflissi•e rn shall employ an attorney to represent elected County officers in court in cases which inv(H.i official act or duty of the office of the County official. NOW THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves pay,,at to outside counsel hired to represent Commissioner John R. DiGiovanni in the amount of 95,887,70 with such funds coming from the 1980 Contingent Line item. Mr < Chairperson, I move the adoption of the foregoing resolution. John R< DiGiovanni, Commissioner District e9 The Chairperson referred the resolution to the General Government Committee. There were no objections. Misc. 81005 By Dr. Montante IN RE: REPEAL OF P.L. 93441, NATIONAL HEALTH PLANNING AND Di',...1.iPMENT ACT To the Oa! la al County Board of Commissioners Mr. Chairp-r.i.m,' adies and Gentlemen: WHEPLI6 with the implementation of P.L. 93-641, National Health Planning and Resources Development Act, another wasteful and arrogant bureaucracy has contributed nothing but confusion, harrassment, and delay in legitimate planning of health care needs while costing over $140,000,000 annually since 1978; and WHEREAS there is a need to work for a dimished role of federal involvement in health planning and a need to increase the role at the local and state levels; and WHEREAS the intent of P.L. 93-641 to reduce health care costs by rationing of both health facilities and services has not been met and there is a continued concern for the cost effective- ness and staff performances of HSA's under the present language of the statute; and WHEREAS the AMA, the MSMS, and AOA are on record as being opposed to P.L. 93-641 and have voiced their support for local health planning; and WHEREAS there is a nea-d to draft legislation with appropriate alternatives for presentation to Congress when P.L. 93 -641 iio,,pires in 1982. NOW THEREFORE BE IT Fa.i.0LVED that the Oakland County Board of Commissioners goes on renord advocating health planning legislation designed to provide for the maximum input from local of government and progressively less involvement on the federal level; and BE IT FURTHER RESOLVED that P.L. 93-641 be repealed because of its ineffective and eioior- some role as a health planning statute; and BE IT FURTHER RESOLVED t*-ir 'leis resolution be forwarded to MAC and NAG!) Board of Directors and to the Michigan State Lec. •- a t and federal representatives and senators representing Michigan. Mr. Chairperson, 1 move th: adoption of the foregoing resolution. Joseph R. Montante, M.D., Commissioner Dist. a26 The Chairperson referred the resolution the General Government Committee and the Healtn and Human Resources Committee, There were ro Moved by Patterson supported by Whitloce the Board adjourn until February 5, 1981 at 930 A<M. A sufficient majority having voted therefor, the motion carried, The Board adjourned at 11i50 A.M. Lynn D. Allen Richard R. Wilcox Clerk Chairperson