HomeMy WebLinkAboutMinutes - 1972.06.01 - 7563159
OAKLAND COUNTY
Board Of Commissioners
MEETING
June 1, 1972
Meeting called to order by Chairman Lawrence R. Pernick at 10:20 A. M. in the Court House
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Roll celled.
PRESENT: Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Harrison, Horton,
Houghten, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, Patnales, Perinoff, Pernick,
Rowell, Richardson, Simson, Wilcox. (26)
ABSENT: Szabo. (1)
Quorum present.
Invocation given by James Mathews.
Moved by Daly supported by Doyon the minutes of the previous meeting be approved as printed.
A sufficient majority having voted therefor, the motion carried.
Clerk read letter of thanks from David and Patricia Flynn regarding the Mental Retardation
Center. (Placed on file.)
Clerk read resolution from the City of Orchard Lake Village urging revision in general welfare.
(Placed on file.)
Clerk read letter from the Comprehensive Health Planning Council of Southeastern Michigan
thanking the Board for their contribution to the Council. (Placed on file.)
Clerk read notice of Public Hearing, from the Michigan Department of Corrections, regarding
proposed jail rules and regulations, (Placed on file.).
Miscellaneous Resolution No. 6030
By Mr. Lennon
Recommended by the Board of Public Works
IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM-PAINT CREEK INTERCEPTOR - REROUTING OF SANITARY SEWER
AND EXCHANGE OF EASEMENTS
WHEREAS an easement was granted to the County of Oakland by Chester L. Bushman, Jacquelyn
Gedert and Martin James Bushman, which easement was recorded in Liber 5504, Page 682, Oakland County
Records; and
WHEREAS during construction, a relocation of the sanitary sewer was necessary, which required
the granting of a new easement; and
WHEREAS the previous easement shall be returned to the owners in exchange for a new and proper
easement along the route of the relocated sanitary sewer line;
NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners, that the Chairman
and Clerk of this Board be and are hereby authorized and directed to execute a Quit Claim Deed on behalf
of the County of Oakland to accomplish said exchange.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
Moved by Lennon supported by Houghten the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution No. 6031
Recommended by Board of Public works
RE: OXFORD VILLAGE WATER SUPPLY SYSTEM
Mr. Lennon presented the plans, specifications, estimates and contract mentioned in the
following resolution, a copy of which contract has been sent to each member of the Board of Commissioners.
The following resolution was offered by Mr. Lennon:
WHEREAS the Oakland County Board of Public Works has approved and adopted, and has submitted to
this Board of Commissioners for its approval, plans and specifications for the acquisition of water
supply facilities for the Oxford Village Water Supply System, together with estimates of the cost and
period of usefulness thereof (which estimates are attached as Exhibit "B" to the hereinafter mentioned
contract), all prepared by Johnson and Anderson, Inc., consulting engineers; and
WHEREAS the Board of Public works has also approved and submitted to this Board of Commissioners
for its approval, a proposed contract between the County of Oakland and the Village of Oxford relative
to the acquisition and financing of said water supply facilities; and
WHEREAS the Village Council of said Village has approved the said contract and has authorized
and directed that it be executed for and on behalf of the Village by the President and the Village Clerk;
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
160
Commissioners Minutes Continued. June 1, 1972
i. That said plans and specifications and said estimates be and the same are hereby
approved, that the County Clerk shall endorse thereon the fact of such approval, and that the same
shall be returned to the Board of Public Works.
2. That said contract between the County of Oakland and the Village of Oxford be and the
same hereby is approved, and that the Chairman and the Secretary of the said Board of Public Works be
and they are hereby authorized and directed to execute and deliver said contract for and on behalf of
the County of Oakland, in as many original copies as they may deem advisable, the said contract being
as follows;
THIS CONTRACT, made
COUNTY OF OAKLAND, a Michigan
and through its Department of
a village corporation located
"Municipality"), party of the
W1TNESSET H:
WHEREAS it is immediately necessary and desirable for the public health and welfare of the
present and future residents of the above Municipality that improvements to its existing water supply
facilities be acquired and constructed to serve the entire area thereof; and
WHEREAS the County under the provisions of Act 185, Public Acts of Michigan, 1957, as amended,
has established a Department of Public Works for the administration of the powers conferred upon the
County by said Act, which Department is under the immediate control of a Board of Public Works (herein-
after sometimes referred to as the "Boardir), and under the general control of the Board of Commissioners
of the County of Oakland; and
WHEREAS the County of Oakland, by Board of Commissioners Resolution Misc. No. 5763, adopted
July 13, 1971, established the Oxford Village Water Supply System (herein called the "System"), which
system is to consist of improvements to the existing water supply system in the village shown on
Exhibit "A" attached hereto and by this reference made a part hereof; and
WHEREAS said act authorizes the County to acquire water supply systems as defined in said
act and to improve, enlarge, extend and operate such systems; and
WHEREAS by the terms of said act the County and the Municipality are authorized to enter into
a contract for the acquisition, improvement, enlargement or extension of a water supply system and for
the payment of the cost thereof by the Municipality, with interest, over a period of not exceeding
forty (40) years, and the County is then authorized, pursuant to appropriate action of its Board of
Commissioners, to issue its bonds to provide the funds therefor, secured by the full faith and credit
contractual obligations of the Municipality and if the bond resolution so provides, by the full faith
and credit of the County; and
WHEREAS said act provides, in the opinion of the Municipality and the County, the fairest
and most equitable means of acquiring the water supply facilities so vitally necessary for the public
health and welfare of the residents of the County within the district to be served, at the most
reasonable cost; and
WHEREAS the County through the Board, has caused plans and an estimate of cost of the System
to consist of improvements to the existing village water supply facilities necessary to adequately serve
the Municipality, to be prepared by Johnson and Anderson, Inc., consulting engineer of Pontiac, Michigan
(hereinafter sometimes referred to as the "Consulting Engineer"), which said estimate of cost is in
the amount shown on Exhibit "6" which is attached hereto and by this reference made a part hereof; and
WHEREAS in order to issue such bonds, it is necessary that the County and said Municipality
enter into this Contract; and
WHEREAS it is also necessary for the County and said Municipality to contract relative to
the operation and maintenance of said water supply system and the location thereof entirely within the
limits of said village.
NOW THEREFORE in consideration of the premises and the covenants of each other, the parties
hereto agree as follows:
1. The County and the Municipality approve the establishment of the System in the Village of
Oxford and the County of Oakland, under the provisions of Act 185, Public Acts of Michigan, 1957, as
amended, which is to acquire and construct improvements to the existing water supply system in the
area served thereby, which area consists of the entire Village of Oxford and is hereby designated as
the OXFORD VILLAGE WATER SUPPLY DISTRICT (hereinafter sometimes referred to as the "District").
2. The water supply system referred to in paragraph 1 above has been designated by the
County Board of Commissioners as the OXFORD VILLAGE WATER SUPPLY SYSTEM and shall consist of improve-
ments to the existing water supply system of the village. The improvements to be acquired and
constructed are described on Exhibit "An which is attached hereto and by this reference is made a part
hereof.
3. The County and the Municipality hereby approve the estimate of cost of said water supply
facilities, which estimate shall consist of the items set forth in Exhibit "6", and the estimate of 40
years and upwards as the period of usefulness thereof, all as prepared by the Consulting Engineer.
Said water supply facilities are hereinafter sometimes referred to as the "project".
4. After the execution of this Contract by the County and the Municipality, the Board shall
take the following steps:
(a) Order final construction plans and specifications for the project from the Consulting
Engineer.
(b) Submit to the Board of Commissioner's of Oakland County a resolution, duly approved and
recommended by the Board, providing for the issuance of bond's in one ormore series in the aggregate
principal amount of the presently estimated cost of the project as shown on Exhibit "B" or such
different amount reflecting any revision in the estimate of cost, or reflecting the amount of other
funds available to pay the cost of the project, maturing serially as authorized by law, over a period
of approximately thirty (30) years, which bonds will be secured primarily by the payments hereinafter
OXFORD VILLAGE WATER SUPPLY SYSTEM CONTRACT
and entered into this 1st day of February, 1972, by and between the
county corporation (hereinafter referred to as the "County"), acting by
Public Works, party of the first part, and the VILLAGE OF OXFORD, being
in the County of Oakland, Michigan (hereinafter referred to as the
second part;
Commissioners Minutes Continued. June 1, 1972 161
provided to be made by the Municipality, to the making of which its full faith and credit is hereby
pledged, and secondarily, if approved by a three-fifths, (3/5ths) majority of the members elect of the
Board of Commissioners, by the full faith and credit of the County of Oakland.
(C.) After the Board of Commissioners of Oakland County has adopted the bond resolution, the
Board will take all necessary procedures to obtain the approvals necessary to the issuance of the bonds
by the Municipal Finance Commission of the State of Michigan, obtain construction bids for the project
and enter into construction contracts with the lowest responsible bidders, and sell and deliver the
bonds in the manner authorized by law.
(d) After the issuance of said bonds and the execution of construction contracts, the Board
shall cause the project to be constructed within a reasonable time and do all other things required of
it under the provisions of Act 185 of the Public Acts of Michigan, 1957, as amended.
(e) The county shall secure, 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 of insurance shall provide that the county and the
municipality shall be insured parties thereunder and shall contain a provision requiring that the
municipality be notified at least ten days prior to cancellation thereof. One copy of each policy of
insurance shall be filed with the municipality.
5. It is understood and agreed by the parties hereto that the System is to serve the
Municipality and not the individual property owners and users thereof, unless by special arrangement
between the Board and the Municipality. The responsibility of requiring connection to and use of the
existing and new water supply facilities of the System and of providing such additional facilities, as
needed, shall be that of the Municipality which shall cause to be constructed and maintained directly
or through the County, the necessary facilities for supply and delivery of water in the village. The
County shall not be obligated by this agreement to construct any facilities other than those designated
in paragraph 2 hereof.
6. The Municipality shall pay to the County the entire or any part of the cost of the
facilities of the System financed by the issuance by the County of its bonds as herein provided. The
term "Cost" as used herein shall be construed to include all items of cost of the type set forth in
Exhibit "-B" attached hereto and any other items of cost of a similar nature as may be set forth in any
revision of Exhibit "B" agreed to by the parties hereto.
No change in the jurisdiction over any territory in the Municipality shall in any manner
impair the obligations of this contract based upon the full faith and credit of the Municipality. In
event all or any part of the territory of the Municipality which is in the area served by the System
is incorporated as a new city or is annexed to or consolidated with or becomes a part of the territory
of another municipality, the municipality into which such territory is incorporated or to which such
territory is annexed, shall assume the proper proportionate share of the contractual obligation and
right to capacity in the System of the Municipality, from which such territory is taken, based upon a
division in the same ratio as the population equivalent for water supply capacity of the property in
the territory so annexed or incorporated bears to the population equivalent of the property for water
supply capacity in the remaining portion of the Municipality from which said territory is taken.
7. Attached hereto as Exhibit "C", and by this reference made a part hereof, is a schedule
of the annual principal payments to be made to the County by the Municipality computed on the estimated
cost of the project. In addition, the Municipality shall pay interest on the unpaid principal, from
time to time at the rate of interest born by the bonds of the County, pius other charges as herein
provided. Immediately upon the issuance of any bonds by the County to finance the cost of the project,
the Board shall notify the Municipality, by written communication addressed to its treasurer, of the
schedule of actual payments of the principal of and interest on the bonds and the paying agent fees and
bond handling charges (exclusive of capitalized interest) thereon, and the total amount of each annual
payment to be made by said Municipality. Said Municipality hereby covenants and agrees, not less than
thirty (30) days prior to the due date of any principal of or interest and fees and charges (exclusive
of capitalized interest) on any such bonds, to remit to the Board sufficient funds to meet said payments
in full. The obligation herein expressed shall be applicable to all bonds issued by the County to
construct and complete the project, as herein defined, whether issued at one time or at more than one
time. It is assumed that the principal of the bonds represents the cost of the project. If funds are
available from the Municipality or any other source to pay the project cost, or any portion thereof,
prior to the issuance of bonds, then its obligation shall be adjusted and limited accordingly. If the
Municipality shall fail to make any of such payments when due, the amount thereof shall be subject to a
penalty in addition to interest of one-half of one per cent (1/2 of rx) for each month or fraction
thereof that the same remains unpaid after the due date. The Municipality may pay in advance of maturity
all or any part of an annual installment due the County, by surrendering to the County bonds issued in
anticipation of payments to be made under this Contract, of a like principal amount maturing in the same
calendar year with all future due interest coupons attached thereto. The Municipality may also prepay
its obligation to the County for any year with respect to which bonds of the County are callable, at a
time when such bonds are callable, by paying the principal, interest and call premium required to call
the bonds on the next available call date.
8. In the event that the Municipality shall fail for any reason to pay to the Board at the
times specified, the amounts herein required to be paid, the Board shall immediately notify, in writing,
both the County Treasurer of the County of Oakland and the governing body of the Municipality of such
default and the amount thereof, and if such default is not corrected within ten (10) days after such
notification, the County Treasurer or other county official charged with disbursement to such Munici-
pality of funds derived from the state sales tax levy under the provisions of Act 167, Public Acts of
Michigan, 1933, as amended, and returnable to such Municipality pursuant to the Michigan Constitution,
is by these presents specifically authorized by the Municipality to withhold sufficient funds derived
from such sales tax levy and returnable to the Municipality as may be needed to correct such default,
and to pay said sums so withheld to the Board to apply on the obligation of the defaulting Municipality
as herein set forth. Any such moneys so withheld and paid shall be considered to have been returned to
162
Commissioners Minutes Continued. June 1, 1972
the Municipality within the meaning of the Michigan Constitution, the purpose of this provision being
solely to authorize voluntarily the use of such funds to meet pest due obligations of the Municipality
to which said moneys are owed. In addition to the foregoing, the hoard shall have all other rights
and remedies provided by law to enforce the obligation of the Municipality to make payments in the
manner and at the times required by this Contract. It is specifically recognized by the Municipality
that the payments required to be made by it pursuant to the terms of this Contract are to be pledged
for the payment of the principal of and interest on bonds to be issued by the County, and the
Municipality covenants and agrees that it will make its required payments to the Board promptly and at
the times herein specified, without regard as to whether the project herein contemplated is actually
completed or placed in operation; provided, only that nothing herein contained shall limit the
obligation of the County to perform in accordance with the promises and covenants contained herein.
9. After completion of the project and payment of all costs thereof, any surplus remaining
from the sale of the bonds therefor shall be used to call such bonds as arc callable or to purchase
bonds on the open market and in such event the contractual obligation of the Municipality in respect
to the project shall be reduced by the principal amount of bonds so called or purchsed, said reduction
to be applied as to year, in accordance with the year of the maturity of the bonds so called or pur-
chased. Any bonds so called or purchased shall be cancelled. In the alternative, said surplus may be
used at the request of the Municipality and upon approval by the Board of Commissioners, to improve,
enlarge, or extend the System in the Municipality.
10, if the proceeds of the sale of the original bonds to be issued by the County for the
project are for any reason insufficient to complete the project in accordance with the plans and
specifications therefor, the Board shall, if necessary, submit to the Board of Commissioners of
Oakland County a resolution providing for the issuance of additional bonds in an amount necessary to
provide funds to complete the project in which event the duties and obligations of the Board and the
Municipality as expressed and set forth in this Contract shall be applicable to such additional issue
of bonds as well as the original issue, it being at all times fully recognized and agreed that the
payments to be made by the Municipality, in the manner specified in paragraph 7 of this Contract, shall
be based upon the aggregate amount of the bonds outstanding. in lieu of the issuance of such
additional bonds, any other method may be agreed upon by the County and the Municipality to provide
the necessary funds to complete the project.
li. The Municipality, pursuant to the authorization of paragraph (2), Section 12 of Act
185, Public Acts of Michigan, 1957, as amended, does hereby pledge its full faith and credit for the
prompt and timely payment of its obligations expressed in this Contract and shall each year, commencing
with the year 1972, levy a tax in an amount which, taking into consideration estimated delinquencies
in tax collections, will be sufficient to pay its obligations under this Contract becoming due before
the time of the following year's tax collections; PROVIDED, HOWEVER, that if at the time of making such
annual tax levy there shall be other funds on hand earmarked and set aside for the payment of such
contractual obligations falling due prior to the next tax collection period, then the annual tax levy
may be reduced by such amount. Such other funds may be raised in the manner provided in said paragraph
(2), Section 12 of Act 185, Public Acts of Michigan, 1957, or any amendments thereto, or may be
capitalized or otherwise raised.
12. This Contract is contingent upon the County issuing its negotiable bonds as set forth in
subparagraph (b) of paragraph 4 of this Contract, to defray the estimated cost of the project, which
bonds shell be issued under the authorization provided in paragraph (i), subparagraph (b), Section 11
of said Act 185, Public Acts of Michigan, 1957, as amended.
13. The Municipality consents to the establishment and location of said System entirely
within its corporate limits. Upon completion of said System the County hereby leases the said System
to the Municipality during the term of this Contract, upon the following terms and conditions:
(a) The System shall be used and operated by the Municipality in compliance with the
contractual and legal obligations applicable to the Municipality. The Municipality shall employ
qualified and competent personnel to operate the System hereby leased.
(b) The Municipality, at its own expense, shall maintain said System in good condition and
repair, to the satisfaction of the Board of Public Works. The Board of Public Works shall have the
right to inspect the said System at any time and if said System or any part thereof is not in a state
of good condition and repair, then the Board of Public Works shall notify the Municipality in writing
as to any deficiency. If the Municipality shall fail to restore the facilities to a good condition
and repair within a reasonable time thereafter then the Board of Public Works shall have the right to
perform the necessary work and furnish the necessary materials, and reimbursement for any expense
incurred by the County shall be made by the Municipality to the County within thirty (30) days after
the expense has been incurred.
(c) The Municipality shall adopt and continue in existence and shall enforce an ordinance
or ordinances concerning the connections of premises in the Municipality to the System and concerning
the use of and the payment of charges-for the use of the System.
(d) The Municipality shall make and collect from the individual users of the System such
charges for water supply service as shall be sufficient to pay the cost of the operation and maintenance
of the System, and to establish suitable reserves for operating and maintaining the System. Such
charges may also include an amount determined by the Municipality to be used to meet the obligations
of the Municipality to the County under this Contract. The Municipality shall enforce prompt payment
of all such charges ae the same shall become due.
(e) The Municipality shall secure and maintain adequate property damage and public liability
insurance covering the System hereby leased to it by the County. All policies of insurance shall
provide that the Municipality and the County shall be insured parties thereunder and shall contain a
provision requiring that the Director of the Oakland County Department of Public Works be notified at
least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed
with the Oakland County Department of Public Works.
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OXFORD VILLAGE WATER SUPPLY SYSTEM ESTIMATE OF COST
Construction cost of iron removal and 2eolite softening water
treatment plant
PROJECT COST
Construction
Engineering
Inspection
Administrative
Legal and Financial
Soil Borings
Contingency
TOTAL PROJECT COST
$296,000.00
$296,000.00
$ 25,692.80
8,880.00
8,880.00
6,525.00
#50.00
28,872.20
$375,000.00
I hereby estimate the period of usefulness of this facility to be forty (40) years
Commissioners Minutes Continued. June 1, 1972 163
The Municipality agrees to lease the System From the County upon the foregoing terms and
conditions and for the period of this Contract and agrees to pay the sum of $1.00 per year on January
at of each year commencing January 1, 1973, and in addition to perform its covenants and agreements
set forth in this Contract as a rental for said System.
14. The County and the Municipality each recognize that the holders from time to time of the
bonds issued by the County under the provisions of said Act 185, Public Acts of Michigan, 1957, as
amended, and secured by the full faith and credit pledge of the Municipality to the making of its
payments as set forth in this Contract, will have contractual rights in this Contract and it is
therefore covenanted and agreed by each of them that so long as any of said bonds shall remain out-
standing and unpaid, the provisions of this Contract shall not be subject to any alteration or revision
which would in any manner affect either the security of the bonds or the prompt payment of principal or
interest thereon. The Municipality and the County 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 said bonds, the security therefor, or the prompt payment of principal and interest
thereon. It is hereby declared that the terms of this Contract in so far as they pertain to the security
of any such bonds, shall be deemed to be for the benefit of the holders of said bonds.
15. This Contract shall become effective upon approval by the legislative body of the
Municipality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of
Oakland County, and duly executed by the authorized officers of the Municipality and of the Board of
Public Works. It shall terminate fifty (50) years from the date of this Contract, or on such earlier
date when the Municipality is not in default thereunder and the principal, interest and bond handling
charges on the bonds issued as hereinabove described are fully paid and discharged. This Contract may
be executed in several counterparts.
The provisions of this Contract shall be in full force and effect and 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 their respective duly authorized officers, all as of the day and year first above written.
VILLAGE OF OXFORD COUNTY OF OAKLAND
By By Its Board of Public Works
President By
By Chairman
Village Clerk By
and upwards.
JOHNSON AND ANDERSON, INC.
By
Melvin C. Strader, P. E.
EXHIBIT "8"
OXFORD VILLAGE WATER SUPPLY SYSTEM SCHEDULE OF ANNUAL PRINCIPAL PAYMENTS
Year Principal Year Principal Year Principal Year Principal Year Principal
1973 1979 $ 5,000 1985 $ 10,000 1991 $ 20,000 1997 $ 20,000
1974 1980 5,000 1986 15,000 1992 20,000 1998 20,000
1975 1981 5,000 1987 15,000 1993 20,000 1999 20,000
1976 1982 5,000 1988 15,000 1994 20,000 2000 20,000
1977 $ 5,000 1983 10,000 1989 15,000 1995 20,000 2001 20,000
1978 5,000 1984 10,000 1990 15,000 1996 20,000 2002 20,000
$375,000
EXHIBIT "C"
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
It was moved by Mr. Lennon, seconded by. Mr. Daly, that the foregoing resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution No. 6032
Recommended. by Board of Public Works
RE: OXFORD VILLAGE WATER SUPPLY SYSTEM
Submitted by Mr. Lennon
BOND RESOLUTION
Mr. Lennon offered the following resolution which was approved by the Board of Public Works
164
Commissioners Minutes Continued. June 1, 1972
at their meeting of June 1, 1972.
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution No. 5763,
adopted July 13, 1971, did approve of the establishment of a water supply system to be known as the
"Oxford Village Water Supply System" which is to consist of improvements to the existing water supply
system in the Village of Oxford; and
WHEREAS the County of Oakland and the Village of Oxford entered into a Contract dated as of
February 1, 1972, whereby the County agreed to acquire, construct and finance the Oxford Village Water
Supply System and the Village agreed therein to pay the total cost thereof, based upon an estimated
cost of $375,000 and as represented by the amount of bonds issued by the county to finance said System;
and
WHEREAS construction plans and specifications for the Oxford Village Water Supply System as
prepared by Johnson and Anderson, Inc., registered professional engineers, and an estimate of $375,000
as the cost of said System and an estimate of forty (40) years and upwards as the period of usefulness
thereof, as prepared by said registered professional engineers, have been approved by the Board of
Public Works and by this Board of Commissioners of Oakland County and by the governing body of the
Village; and
WHEREAS pursuant to the provisions of said Contract of February 1, 1972, the aggregate
amounts of the several annual installments to be paid by the Village are the same as the annual bond
maturities hereinafter set forth; and
WHEREAS under said Contract of February 1, 1972, the said Village is to pay annually the
amount of each annual installment to the County and in addition thereto is to pay semi-annually interest
and paying agent fees and other bond handling costs as determined pursuant to said Contract; and
WHEREAS the County is desirous of issuing bonds in anticipation of payments to be made by
the said Village under said Contract of February 1, 1972; and
WHEREAS the County Board of Public Works has approved this resolution and recommended its
adoption by the Board of Commissioners.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
I. That the bonds of said County of Oakland, aggregating the principal sum of Three Hundred
Seventy-Five Thousand Dollars ($375,000) be issued for the purpose of defraying the cost of acquiring
and constructing said Oxford Village Water Supply System. The said bonds shall be known as "Oakland
County Water Supply Bonds-Oxford Village System"; shell be dated October 1, 1972; shall be numbered
consecutively in the direct order of their maturities from 1 upwards; shall be in the denomination of
$5,000 each; shall bear interest at a rate or rates to be hereafter determined not exceeding seven
and one-half per cent (7-1/2:0 per annum, payable on July 1, 1973 and semi-annually thereafter on the
first days of January and July in each year; and shall mature on the first day of July in each year as
follows:
1977 $ 5,000 1982 $ 5,000 1987 $15,000 1992 $20,000 1997 $20,000
1978 5,000 1983 10,000 1988 15,000 1993 20,000 1998 20,000
1979 5,000 1984 10,000 1989 15,000 1994 20,000 1999 20,000
1980 5,000 1985 10,000 1990 15,000 1995 20,000 2000 20,000
1981 5,000 1986 15,000 1991 20,000 1996 20,000 2001 20,000
2002 20,000
Bonds maturing on or after July 1, 1988 shall be subject to redemption in inverse numerical order at
the option of the County prior to maturity on any one or more interest payment dates on and after
July 1, 1987. Bonds called for redemption shall be redeemed at the par value thereof and acrued
interest to the date fixed for redemption, plus a premium as follows;
3% of the par value of each bond called for redemption on or after July 1, 1987, but prior
to July 1, 1992;
2% of the par value of each bond called for redemption on or after July 1, 1992, but prior
to July 1, 1997;
1% of the par value of each bond called for redemption on or after July 1, 1997, but prior
to maturity.
Thirty days notice of redemption shall be given by publication at least once in a newspaper or
publication circulated in the State of Michigan, which carries as a part of its regular service,
notices of the sale of municipal bonds. Bonds so called for redemption shall not bear interest after
the redemption date, provided funds are on hand with the paying agent to redeem the same. Bonds
maturing prior to the year 1988 shall not be subject to redemption prior to maturity. All bonds shall
have proper coupons attached thereto evidencing interest to their respective dates of maturity.
2. That the principal of said bonds and the interest thereon shall be payable in lawful
money of the United States of America, at such bank and/or trust company which qualifies as a paying
agent under Federal or Michigan law and which shall be designated by the original purchaser of the
bonds.
3. That the Chairman of the Board of Commissioners and the County Clerk of the County of
Oakland are hereby authorized and directed to execute said bonds for and on behalf of the said County
and to affix the seal of said County thereto, and to execute the interest coupons to be attached to
said bonds by causing to be affixed thereto facsimile signatures; and that upon the execution of said
bonds and attached coupons, the same shall be delivered to the Treasurer of said County who is hereby
authorized and directed to deliver said bonds and attached coupons to the purchaser thereof upon
receipt of the purchase price therefor.
4. That the said bonds are to be issued pursuant to the provisions of Act 185, Public Acts
of Michigan, 1957, as amended, in anticipation of the payments to become due to the County from the
Village of Oxford under said Contract of February 1, 1972, which payments are in the aggregate principal
amount of the bonds with interest thereon as therein provided. As provided in said Act 185, the full
faith and credit of said Village is pledged to the making of the said payments when due, and in addition
there is hereby pledged, as authorized in said Act 185, the full faith and credit of the County of
Commissioners Minutes Continued. June 1, 1972 165
Oakland to the payment of the bonds, both principal and interest, when due.
5. That all moneys paid to the County by the said Village pursuant to said Contract of
February 1, 1972, shall be set aside by the County Treasurer in a separate fund and bank account to be
used solely for the payment of the principal of and interest on the bonds herein authorized.
6. That said bonds and attached coupons shall be substantially in the following form:
UNITED STATES OF AMERICA. - STATE OF MICHIGAN - COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY BOND - OXFORD VILLAGE SYSTEM
Number $5,000
KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acknowledges
itself indebted and for value received, promises to pay to the bearer hereof the same of
FIVE THOUSAND DOLLARS
on the first day of July, A.D. 19 , together with interest thereon from the date hereof until paid, at
the rate of per centum ( %) per annum, payable July 3, 1973 and thereafter
semi-annually on the first days of January and July in each year. Both principal and interest hereof
are payable in lawful money of the United States of America at , in the City
of , upon presentation and surrender of this bond and the coupons hereto attached as
they severally mature.
This bond is one of a series of bonds of like date and tenor except as to maturity
, numbered consecutively in the direct order of their maturities from 1 to 75, both
inclusive, aggregating the principal sum of Three Hundred Seventy-Five Thousand Dollars ($375,000),
issued under and pursuant to and in full conformity with the Constitution and Statutes of the State of
Michigan, and especially Act No. 185 of the Michigan Public Acts of 1957, as amended, for the purpose
of defraying the cost of the Oxford Village Water Supply System.
Bonds of this series maturing prior to July 1, 1988 are not subject to redemption prior to
maturity. Bonds maturing on or after July 1, 1988 shall be subject to redemption in inverse numerical
order, at the option of the County prior to maturity on any one or more interest payment dates on and
after July 1, 1987. Bonds called for redemption shall be redeemed at the par value thereof and accrued
interest to the date fixed for redemption plus a premium as follows:
3% of the par value of each bond called for redemption on or after July 1, 1987, but prior to July 1,
1992;
ZA of the per value of each bond called for redemption on or after July 1, 1992, but prior to July 1,
1997;
rx, of the par value of each bond called for redemption on or after July 1, 1997, but prior to maturity.
Thirty days notice of redemption shall be given by publication at least once in a newspaper or
publication circulated in the State of Michigan, which carries as a part of its regular service, notices
of the sale of municipal bonds. Bonds so called for redemption shall not bear interest after the date
fixed for redemption, provided funds are on hand with the paying agent to redeem the same.
This bond as to both principal and interest, is payable from moneys to be paid to the County
of Oakland by the Village of Oxford pursuant to a certain Contract dated February 1, 1972, between the
County of Oakland and said Village whereby the said Village agrees to pay to the said County the cost
of said Oxford Village Water Supply System in annual installments in the same aggregate amounts as the
annual maturities of the bonds of this issue and semi-annually to pay the aggregate amount of the
interest and bond handling charges, such payments to be made at least thirty (30) days prior to the
respective due dates specified in this bond. The full faith and credit of said Village is pledged for
the prompt payment of its obligations pursuant to said Contract, and in addition, by affirmative vote
of three-fifths (3/5ths) of the members elect of its Board of Commissioners, the full faith and credit
of the County of Oakland is pledged to the payment of this bond, principal and interest when due.
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 tine, form and manner as required by the Constitution and
Statutes of the State of Michigan, and that the total indebtedness of said County, including this series
of bonds, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan by its Board of Commissioners, has caused
this bond to be signed in its name by the Chairman of said Board of Commissioners and by the County
Clerk of the County, and its corporate seal to be affixed hereto, and has caused the annexed interest
coupons to be executed with the facsimile signatures of said Chairman and County Clerk, all as of the
first day of October, A.D. 1972.
COUNTY OF OAKLAND, MICHIGAN
By
Chairman of its Board of Commissioners
By
County Clerk
(SEAL)
(COUPON)
Number 8
On the 1st day of , A.D. 19 , the County of Oakland, Michigan, will pay to
the bearer hereof the sum shown hereon in lawful money of the United States of America at the
, in the City of , same being the
interest due on that day on its Oakland County Water Supply Bond - Oxford Village System, dated October
1, 1972, No.
(FACSIMILE) (FACSIMILE)
County Clerk Chairman of its Board of Commissioners
7. That the said bonds shall not be issued until the Municipal Finance Commission of the
State of Michigan shall have first issued its order granting permission to so do, as provided in Act
No. 202 of the Michigan Public Acts of 1943, as amended, and the Board of Public Works through its
166
Commissioners Minutes Continued. June 1, 1972
Director is hereby authorized and directed to make application to said Commission for the issuance of
such order.
8. The Board of Public Works is hereby authorized to sell said bonds at not less than par
and accrued interest in accordance with the laws of this state and to do all things necessary to effect
the sale and issuance of said bonds, subject to the provisions of this resolution.
9. All resolutions and parts of resolutions, insofar as the same may be in conflict herewith,
are hereby rescinded.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
Moved by Lennon supported by Houghten the resolution be adopted.
AYES: Lennon, Mainland, Olson, Patnales, Perinoff, Pernick, Powell, Richardson, Wilcox,
Aaron, Barakat, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper,
Kronenberg. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution No. 6033
Recommended by Board of Public Works
RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM GIBSON-AVON ARM
Mr. Lennon presented the plans, specifications, estimates, contract and agreement mentioned
in the following resolution, a copy of each of the contract and agreement having been sent to each
member of the Board of Commissioners.
The following resolution was offered by Mr. Lennon:
WHEREAS the Oakland County Board of Public Works has approved and adopted, and has submitted
to this Board of Commissioners for its approval, plans and specifications for the extension by the
County of the Clinton-Oakland Sewage Disposal System by the acquisition and construction of sewage
disposal facilities to serve the Township of Avon, said facilities to be known as the "Gibson-Avon -
Are, together with estimates of the cost and period of usefulness thereof (which estimates are
attached as Exhibit "B" to the hereinafter mentioned contract), all prepared by Johnson and Anderson,
Inc., consulting engineers; and
WHEREAS the Board of Public Works has also approved and submitted to this Board of Commission-
ers for its approval, a proposed agreement between Aetna Life Insurance Company, the Township of Avon
and the County of Oakland and a proposed contract between the County of Oakland and the Township of
Avon both of which relate to the acquisition and financing of said Gibson-Avon Arm; and
WHEREAS the Township Board of said Township has approved the said agreement and the said
contract and has authorized and directed that each be executed for and on behalf of the Township by
the Supervisor and the Township Clerk; and
WHEREAS said agreement provides, in part, that the Aetna Life Insurance Company will advance
to the County moneys sufficient to pay the entire cost of the project and that such advances shall be
reimbursable, with interest for the period and at the rate per annum from the date or dates specified
therein, by payments out of bond proceeds or payments to be made by said Township of Avon as to
Section II and out of payments to be made by the Township as to Section I; and
WHEREAS said contract provides that the County of Oakland will acquire the Gibson-Avon Arm
using the advances made under the agreement to pay the cost thereof and thereafter will reimburse
Aetna Life Insurance Company for the cost of Section II from proceeds of county bonds or payments
made by the Township pursuant to the contract.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. That said plans and specifications and said estimates be and the same are hereby approved,
that the County Clerk shall endorse thereon the fact of such approval, and that the same shall be
returned to the Board of Public Works.
2. That said agreement between Aetna Life Insurance Company, the Township of Avon and the
County of Oakland and the said contract between the County of Oakland and the Township of Avon be and
the same hereby is each approved, and that the Chairman and the Secretary of the said Board of Public
Works be and they are hereby authorized and directed to execute and deliver said agreement and said
contract for and on behalf of the County of Oakland in as many original copies as they may deem
advisable, the said agreement and said contract each being as follows:
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - GIBSON-AVON ARM CONTRACT
THIS CONTRACT, made as of the 1st day of May, 1972, by and between the COUNTY OF OAKLAND,
a Michigan county corporation (hereinafter called the "county"), by and through its Board of Public
Works (hereinafter referred to as the "board"), party of the first part, and the TOWNSHIP OF AVON,
a township corporation in the County of Oakland (hereinafter called the "municipality"), party of
the second part:
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Miscellaneous No. 4342,
adopted on June 22, 1964, did approve of establishment of the Clinton-Oakland Sewage Disposal System to
serve the Clinton-Oakland Sewage Disposal District, within which district lies all of the municipality;
and
WHEREAS Act No. 185 of the Michigan Public Acts of 1957, as amended, grants to the board of
public works in any county having a department of public works, the power to acquire sewage disposal
systems as defined in said Act and to improve, enlarge and extend any system acquired pursuant thereto;
and
Commissioners Minutes Continued. June I, 1972 167
WHEREAS the County of Oakland, through its Board of Public Works, is acquiring and constructing
the said Clinton-Oakland Sewage Disposal . System pursuant to the Amended Clinton-Oakland. Sewage Disposal
System Contract, dated January II, 1968, between the County of Oakland, the Charter Township of Water-
ford, the Township of Avon, the Township of West Bloomfield, the Township of Independence, the Township
of Orion, and the Township of Pontiac, (said contract hereinafter referred to as the "Base Contract");
and
WHEREAS by the terms of sald Act No. 185 the county and the municipality are authorized to
enter into a contract for the acquisition, improvement, enlargement or extension of a sewage disposal
system and for the payment of the cost thereof by the municipality; and
WHEREAS it is now necessary for the public health and welfare of the present and future
residents of the municipality to extend, improve and enlarge the said Clinton-Oakland Sewage Disposal
System in the municipality by the acquisition and construction of the so-called Gibson-Avon Arm under
the provisions of said Act No. 185; and
WHEREAS the municipality will enter into an Agreement to Advance and Reimburse Sewer
Construction Costs (herein called the "Agreement") with Aetna Life Insurance Company, a Connecticut
corporation, (herein called ''Aetna") (to which Agreement the county will also be a party and in which
Agreement this Contract will be incorporated by reference) pursuant to which Aetna will agree to advance
to the county the entire cost of the Gibson-Avon Arm, presently estimated to be $960,000, in payments
as required by the county during construction and at completion, which advances will be Ovided by the
terms of said Agreement into one portion allocated to Section i of the Gibson-Avon Arm, being the
portion located in Section 26 of the Township of Avon, and one portion allocated to Section II of the
Gibson-Avon Arm, being the remainder of the project; and
WHEREAS the municipality will agree in said Agreement to reimburse Aetna for all advances
related to Section 1, with interest at 5% per annum on the amount unreimbursed from completion and
acceptance of Section I by the county during the three year period following such acceptance, to the full
extent of tap-in permit charges collected by the municipality for connections made to Section I in
Section 26; and
WHEREAS the municipality and the county will agree in said Agreement to reimburse Aetna in
full for all advances related to Section 11, with interest at 5% per annum on the unreimbursed amount
thereof from the time of advance until paid, by the use of the proceeds of county bonds issued pursuant
to Act No. 185 and this Contract or out of payments received from the municipality pursuant to this
Contract prior to or in lieu of the issuance of county bonds with the understanding that the county and
the municipality will use their best efforts to issue said bonds; and
WHEREAS no other municipality in the Clinton-Oakland Sewage Disposal District will be affected
by the acquisition, construction and financing of said project at this time; and
WHEREAS in order to acquire and construct said project and to issue such bonds, it is necessary
for the county and the said municipality, parties hereto, to enter into this Contract; and
WHEREAS the Oakland County Department of Public Works (hereinafter sometimes referred to as
the "DPW) has obtained plans, specifications and an estimate of cost for the construction of said
Gibson-Avon Arm, prepared by Johnson and Anderson, inc., registered professional engineers, and a plan
of the approximate route of said Gibson-Avon Arm and the areas to be served thereby which is attached
hereto as Exhibit "A" and by this reference made a part of this Contract.
NOW THEREFORE in consideration of the premises and the covenants of each other, the parties
hereto agree as follows;
1. The county and the municipality hereby approve the extension, improvement and enlargement
of the Clinton-Oakland Sewage Disposal Systems by the acquisition and construction of sewage disposal
facilities to serve the municipality, under and pursuant to the provisions of Act No. 185 of the
Michigan Public Acts of 1957, as amended. The sewage disposal facilities to be acquired and constructed
are hereby designated the "Gibson-Avon Arm of the Clinton-Oakland Sewage Disposal System".
2. The facilities constituting the entire Gibson-Avon Arm project and their general location
within the municipality are shown on Exhibit "A" which is attached hereto and by this reference is made
a part hereof. The portion of said facilities located in Section 26 of the municipality is hereby
designated "Section 1" and the remainder of the facilities are hereby designated "Section II".
3. The county and the municipality hereby approve and adopt the estimate of the total cost of
the project in the amount set forth on Exhibit "B" attached hereto, and the estimate of 40 years and
upwards as the period of usefulness of the project, all as prepared by the consulting engineers. When
the project is completed, the county and the municipality and Aetna shall allocate the final costs
between Section I and Section 11 as provided in the Agreement.
4. After the execution of this Contract by the county and the municipality, the board shall
take the following steps:
(a) Order final plans and specifications for the project from the consulting engineer.
(1)) Obtain construction bids for the project and if said bids satisfy the Agreement or are
accepted by Aetna so that the provisions of the Agreement are satisfied and the county has received the
letter, Exhibit "D" to the Agreement, enter into construction contracts with the lowest responsible
bidders.
(c) Submit the plans and specifications and estimate of cost to the county board of
commissioners, together with resolutions approved by the Oakland County Board of Public Works, accepting
and approving the Agreement and providing for the issuance of bonds by the county as hereinafter and
in the Agreement provided.
(d) After the Agreement is executed by all parties thereto and construction contracts have
been executed, the board shall cause the project to be constructed within a reasonable time and do all
other things required of it under the provisions of Act 185, Public ACTS of Michigan, 1957, as amended,
the Agreement and this Contract.
5. It is understood and agreed by the parties hereto that the project is to serve the
municipality and not the individual property owners and users thereof, unless by special arrangement
168
Commissioners Minutes Continued. June 1, 1972
between the board and the municipality. The responsibility of requiring connection to and use of the
facilities of the project and of providing such additional facilities, as may be needed, shall be that
of the municipality which shall cause to be constructed and maintained, directly or through the county,
any such necessary additional facilities. The county shall not be obligated to acquire or construct
any facilities other than those designated in paragraph 2 hereof. The project is an improvement,
enlargement and extension of the Clinton-Oakland Sewage Disposal System and the Base Contract shall
apply thereto except as the same may be specifically modified herein for specific application to the
project, and, in particular the provisions of paragraphs 9, 10, 11 and 16 through 24 of the Base
Contract shall apply hereto as though set forth in full herein.
The county hereby agrees that it will secure, 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
shall provide that the county and the municipality shall be insured parties thereunder and shall contain
a provision requiring that the municipality be notified at least ten days prior to cancellation thereof.
One copy of each policy of insurance shall be filed with the municipality.
6. Aetna has agreed to advance on behalf of the municipality to the county moneys sufficient
to pay the entire cost of the entire project which advances as to Section 11 shall be repayable out of
bond proceeds or payments by the municipality as the Agreement provides. The municipality shall
ultimately pay to the county, to cover the cost of Section II of the project, a sum equal to the cost
thereof plus interest and other charges herein provided. All payments and advances shall be applied
to the cost of the Arm. The term "cost" as used herein shall be construed to include all items of
cost of the type set forth on Exhibit "B" attached hereto and any other items of cost of a similar
nature as may be set forth in any revision of said Exhibit "B" agreed to by the parties hereto,
incurred by the county in acquiring and constructing the project but in no event to be less than the
amount of any bonds issued by the county pursuant to Act 185 to pay all or part of the cost of the
project (herein called "bonds"). Aetna shall agree prior to the award of construction contracts and
prior to issuance of bonds to advance to the board moneys sufficient to pay the cost of the project.
The amount to be so advanced shall be the estimated cost of the project at the time of such Agreement
or as the cost shall ultimately be determined to be pursuant to this Contract and the Agreement.
7. The amount to be paid by the municipality with respect to Section I of the project shall
be determined and paid as provided in the Agreement and the county shall have no obligation or duty
with respect to said payments. In the event that county bonds are issued as provided herein, the
amount to be paid by the municipality with respect to Section II of the project shall be divided into
annual installments, numbered in direct order of their maturities. The amount of each installment for
the municipality shall be set forth on an Exhibit "C" to be adopted by the county and the township and
made a part hereof prior to issuance of county bonds. Said installments shall be due in consecutive
numerical order thirty days prior to the date in each year shown on said Exhibit "C", and all amounts
hereof from time to time unpaid, shall bear interest from the date of the county bonds, at the rate
per annum payable on the bonds, which interest shall be paid by the municipality to the county semi-
annually thirty days prior to the date on which interest is payable on the bonds issued by the county
together with the annual fees and expenses connected with the payment of said bonds. if the municipality
shall faii to pay to the county any installment or interest when the same becomes due, then the amount
thereof shall be subject to a penalty, in addition to interest, of 1/2 of 1% for each month or fraction
thereof that the same remains unpaid after the due date. The municipality may pay in advance of
maturity all or any part of an annual installment at any time to Aetna before bonds are issued and
thereafter to the county by surrendering to the county bonds issued in anticipation of payments to be
made under this Contract, of a like principal amount maturing in the same calendar year, with all
future due interest coupons attached thereto. Accrued interest upon the amount so paid upon any
installment, and accrued interest upon the bonds surrendered, shall be adjusted to the date of surrender
and any difference shall be paid in cash. All surrendered bonds and coupons shall be canceled.
In the event county bonds are not issued as herein provided, the municipality shall make
annual payments of not less than $50,000 each to the county, the first such payment shall be made on
or before May 1, 1977 and successive payments shall be made on each May 1st thereafter. Such annual
installments shall continue until the county has received the full amount of the advances made by
Aetna for Section 11 with interest from the date of each advance at the rate of 5% per annum. Such
payments shall be credited first against interest and the balance against principal.
In the event that bonds are sold after the municipality has made a payment or payments to
the county pursuant to the foregoing paragraph, the total amount of the principal payable to the county
as set forth on Exhibit "C" shall be the unpaid principal balance of the advances by Aetna for Section
II
8. If the moneys advanced pursuant to the Agreement are for any reason insufficient to
complete the project in accordance with the plans and specifications therefor and bonds have not yet
been issued, the county shall make the certifications provided in the Agreement and Aetna shall advance
additional moneys in an amount necessary to provide funds to complete the project. If bonds have been
issued, then the additional amount shall be paid by the municipality and the several then remaining
installments shall be increased accordingly and the county shall issue additional bonds or shall, at
the request of the municipality, use any other moneys available to defray such additional cost of the
project.
9. After completion of the project and payment of all costs thereof, any surplus remaining
from the moneys advanced shall be refunded to the municipality or in accordance with the Agreement to
Aetna. All moneys advanced for Section II shall be reimbursed to Aetna with interest at the rate of
per annum from the date or dates moneys were advanced, if and when county bonds are sold to defray
the cost of the project. Any surplus of bond proceeds shall be used with approval of the Board of
Commissioners to extend, enlarge or improve the Arm or applied in payment of the obligations next
falling due of the municipality hereunder either to Aetna or the county, as the case may be.
JOHNSON & ANDERSON
TOWNSHIP ENGINEER
2300 DIXIE HIGHVW
PONTIAC. MICHIGAN
+1. cm.
•
DEPARTMENT
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114#1111
DEPARTMENT OF PUBLIC WORKS
OAKLAND COUNTY, MICHIGAN
GIBSON -AVON ARM OF THE
CLINTON - OAKLAND SEWAGE DISPOSAL
FOR AVON TOWNSHIP
CONTRACTS I 1112
EXHIBIT A
SYSTEM
By Chairman
By
Secretary
Township Clerk
Commissioners Minutes Continued. June 1, 1972 169
10. The municipality consents to the establishment and location of the project within its
corporate limits and consents to the use of the streets, alleys and public places of the municipality
for the location, construction, repair,p-eplacement, maintenance and use of the sewage disposal
facilities of the project. After completion, the project shall be used for the collection of sanitary
sewage within the municipality and the transportation of said sanitary sewage for ultimate disposal.
Upon completion of the project the county hereby leases the facilities constituting the project to the
municipality during the term of this Contract, upon the following terms and conditions:
(a) The facilities shall be used and operated by the municipality in compliance with all
contractual and legal obligations applicable to the municipality. The municipality shall employ
qualified and competent personnel to operate the facilities hereby leased.
(b) The municipality, at its own expense, shall maintain said facilities in good condition
and repair, to the satisfaction of the Board of Public Works. The Board of Public Works shall have the
right to inspect the said facilities at any time and if said facilities or any part thereof are not in
a state of good condition and repair, then the Board of Public Works shall notify the municipality in
writing as to any deficiency. If the municipality shall fail to restore the facilities to a good
condition and repair within a reasonable time thereafter, then the Board of Public Works shall have the
right to perform the necessary work and furnish the necessary materials, and reimbursement for any
expense incurred by the county shall be made by the municipality to the county within thirty (30) days
after the expense has been incurred.
(c) The municipality shall adopt and continue in existence and shall enforce an ordinance or
ordinances concerning the connections of premises in the. municipality to the facilities and concerning
the use of and the payment of charges for the use of the facilities.
(d) The municipality shall make and collect from the individual users of the facilities such
charges for sewage disposal services as shall be sufficient to pay the cost of the operation and
maintenance of the facilities, the cost of sewage disposal charges required to be paid by the municipality,
and to establish suitable reserves for operation and maintenance. Such charges may also include an
amount determined by the municipality to be used to meet the obligations of the municipality to the
county under this Contract or the Base Contract. The municipality shall enforce prompt payment of all
such charges as the same shall become due.
(e) The municipality shall secure and maintain adequate property damage and public liability
insurance covering all facilities hereby leased to it by the county. All policies of insurance shall
provide that the township, Aetna and the county shell be insured parties thereunder and shall contain
a provision requiring that the Director of the Oakland County Department of Public Works and Aetna be
notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall
be filed with Aetna and the Oakland County Department of Public Works.
The municipality agrees to lease the project from the county upon the foregoing terms and
conditions and for the period of this Contract and agrees to pay the sum of $1.00 per year on January 1,
1973, and in addition to perform its covenants and agreements set forth in this Contract as a rental for
said project.
The municipality does hereby pledge its full faith and credit for the prompt payment of
the aforesaid obligations and shall each year, commencing with the year 1973, levy a tax in an amount
which, taking into consideration estimated delinquencies in tax collections, will be sufficient for the
prompt payment of any amount falling due before the time of the following year's tax collection, unless
at the time of making such annual levy there shall he cash on hand (as provided for in paragraph (2),
Section 12, of Act No. 185, Public Acts of 1957, as amended) earmarked for the payment of the current
obligations for which the tax levy is to be made, or available for the purpose as herein provided, in
which case the annual tax levy may he reduced by that amount. Funds for which credit may be so taken,
shall be raised by one or more of the methods set forth in paragraph (2), Section 12 of said Act 185,
Public Acts of 1957, as now existing or hereafter amended, primarily by the exaction of connection
charges which the municipality hereby agrees to impose and collect for each sewage disposal unit
connected or developed for connection directly or indirectly to the Gibson-Avon Arm.
12. The county shall issue its negotiable bonds to defray the cost of Section 11 of said
project not covered by payments made by the municipality before bonds are issued, which bonds shall be
secured by the full faith and credit pledges of the municipality under this Contract, as provided for
in Section 11 of said Act 185, Public Acts of 1957, as amended, and, if 3/5ths of the members elect of
the Board of Commissioners shell approve, the full faith and credit of the County of Oakland shall be
pledged to the prompt payment of said bonds, principal and interest. Said bonds shall be issued pursuant
to the provisions of said act and the applicable general statutes of the state where not in conflict with
said act.
13. The provisions of this Contract shall not be modified or terminated so as to impair the
security of any bonds issued by the county upon the full faith and credit pledges of the municipality
or the county. It is hereby declared that the terms of this Contract, 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.
14. This Contract shall become effective upon approval by the legislative body of the
municipality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of
Oakland County, and duiy executed by the authorized officers of the municipality and of the Board of
Public works. It shall terminate fifty (50) years from the date of this Contract. This Contract may
be executed in several counterparts.
The provisions of this Contract shall be in full force and effect and 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 their respective duly authorized officers, all as of the day and year first above written.
TOWNSHIP OF AVON COUNTY OF OAKLAND
By By Its Board of Public Works
Supervisor By
13. Sub-Total, Construction
14. Engineering
15„ Administration
16. Inspection
17. Easement Acquisition
18. Soil Borings
19. Legal
20. Financial
21. Contingencies
22. Project Cost
= $779,244.00
= $ 50,600.00
= 21,100.00
= 23,400.00
= 8,000.00
= 2,000.00
= 6,300.00
= 5,000.00
= 64,356.00
' $960,000.00
170
Commissioners Minutes Continued. June 1, 1972
ESTIMATE OF COST
GIBSON-AVON ARM of the CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
1. 30" C-76 CL V Sanitary Sewer $2,049 @ $ 62.00 = $127,038.00
2. 30" C-76 CL IV Sanitary Sewer 4,197 L.F. @ 53.00 = 222,441.00
3. 30" Sanitary Sewer in Tunnel 151 L.F. @ 125.00 = 18,875.00
4. 27" 0-76 CL IV Sanitary Sewer 910 L.F. 4) 34.00 = 30,940.00
5. 24" 0-76 CL IV Sanitary Sewer 3,992 L.F. @ 30.00 = 119,760.00
6. 24" C-76 CL IV Sanitary Sewer in Tunnel 45 L.F. (6 100.00 = 4,500.00
7. 15" C-76 CL IV Sanitary Sewer 6,666 LP. @ 23.00 = 153,318.00
8, 6" House Leads 1,981 L.F. 12.00 = 23,772.00
9. 6" House Leads in Tunnel 45 L.F. 60.00 = 2,700.00
10. Standard Manhole 42 Ea. 800.00 = 33,600.00
11. Special Manhole #1 21 Ea. 1,500.00 = 31,500.00
12. Drop Manholes 6 Ea. @ $1,800.00 = 10,800.00
I hereby estimate the period of usefulness to be Forty (40) years and upwards.
JOHNSON AND ANDERSON, INC.
By: Felix Anderson
EXHIBIT "8"
Township of Avon
407 Pine Street
Rochester, Michigan 48063
Oakland County Department of Public Works
1 Public Works Drive
Pontiac, Michigan 48054
Gentlemen:
Avon Township, Oakland County and Aetna Life Insurance Company have recently entered into a
contract relating to the construction of a sanitary sewer in Avon Township known as the Gibson-Avon
Arm. This contract provides that Aetna Life Insurance Company is to disburse funds to the Oakland
County Department of Public Works through Aetna's Detroit agent, Detroit Mortgage and Realty Company.
This letter is to advise you that upon being notified that the Oakland County Department of Public
Works has entered into a contract for building the Gibson-Avon Arm, Detroit Mortgage and Realty
Company will make available and disburse in accordance with the Avon Township-Oakland County-Aetna
contract a fund of not less than $200,000 and as monies are disbursed from that fund, Detroit Mortgage
and Realty Company will cause the fund to be replenished so that until Aetna's obligations under the
Avon Township-Oakland County-Aetna contract have been paid in full, the fund on hand with Detroit
Mortgage and Realty Company will have available for distribution not less than $200,000.
Very truly yours,
Detroit Mortgage and Realty Company
EXHIBIT "D"
AGREEMENT TO ADVANCE AND REIMBURSE SEWER CONSTRUCTION COSTS
This Agreement made this day of , 1972, between Aetna Life Insurance
Company, a Connecticut Corporation of 151 Farmington Avenue, Hartford, Connecticut, hereinafter known
as Aetna; Township of Avon, a Michigan Municipal Corporation of 407 Pine Street, Rochester, Michigan,
hereinafter known as Avon, and the County of Oakland, a Michigan County Corporation, by and through
its Board of Public Works, hereinafter known as Oakland County,
WITNESSETH:
WHEREAS Aetna has an interest in the development of lands described as Section 26 in the
Township of Avon, Oakland County, Michigan, now zoned as a Planned Neighborhood District, and desires,
in common with Avon and others, public utilities to serve said area and contiguous areas as quickly
as reasonable; and
WHEREAS Avon is willing to contract with Oakland County to construct a sewer line which will
run generally from the intersection of South Boulevard and Dequindre Road to the northerly line of said
Section 26 and will serve said Section 26 if same can be financed,
NOW THEREFORE IT IS AGREED as follows:
1. Aetna agrees to furnish the necessary money to construct a sanitary sewer line as above
described in accordance with plans and specifications prepared by Johnson and Anderson, inc., being
their Job No,. 3694-30, dated February 6, 1972, as revised, which are incorporated as a part of this
Agreement by this reference.
OAKLAND TWP.
AVON TOWNSHIP SANITARY
STAGE II& BI
DEC. 18, 1969
EXHIBIT A AVON TOWNSHIP
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Commissioners Minutes Continued. June 1, 1972 171
2. Prior to the time construction of the sewer is commenced, the plans and specifications
shall be reviewed and approved by Avon's engineer, by Avon, by Oakland County and by the Michigan
Department of Health. All necessary permits, ihcluding those from the Michigan Department of Health,
shall be secured by and in the name of Avon. All necessary easements shall be acquired by Avon.
3. Avon shall arrange with Oakland County to publicly advertise, open and read bids taken by
Oakland County for the construction of the sewer. Oakland County shall enter into a construction
contract with the lowest responsible bidder approved by Oakland County whose bid does not exceed the
estimated cost of $780,000.00. In the event that no bid is received from a contractor approved by
Oakland County in an amount not in excess of the estimated cost. Aetna shall have the option to request
that Oakland County readvertise for bids or to terminate this Agreement. If the Agreement is terminated,
Aetna shall pay to Avon all costs it has incurred, including those for plans, drawings, notices,
advertising, administration and easement acquisition and that portion of the amount thus paid to Avon
by Aetna which covers the amount paid for engineering plans and drawings and the cost of easement
acquisition shall be repaid to Aetna by Avon no later than the date on which construction is started
on any portion of the sewer covered by the plans referred to in Paragraph i, of this Agreement. Once
the contract has been let, the parties mutually agree to do everything necessary in order to complete
the construction of the sewer as soon as possible.
4. Aetna shall advance all construction costs relating to the described sewer. These costs
shall include the cost of labor and materials contracted for by Oakland County as provided in Paragraph
3. and engineering services (including design and field work), inspection fees, easement acquisition
and administration. It is agreed that these costs shall not exceed $960,000.00 unless unforeseen
circumstances should arise which result in the costs of construction exceeding the initial contract
price as provided in Paragraph 3., in which event Aetna shall advance such additional costs on condition
that prior to incurring them Oakland County shail certify to Aetna as to the necessity and reason for
such additional costs. Payments shall be made by Aetna, through its representative, Detroit Mortgage
and Realty Company, 333 West Fort Street, Detroit, Michigan, OD a monthly basis upon receipt of the
Monthly Estimate of Work Completed approved by Oakland County and certified by it that the payment is
proper, due and payable. Aetna guarantees that within five (5) days from receipt of such Monthly
Estimate of Work Completed the payment called for therein shali be made to Oakland County. Prior to
Oakland County entering into a construction contract, Aetna shall provide Avon and Oakland County with
a letter executed by Detroit Mortgage and Realty Company in the form attached hereto as Exhibit "0".
5. For the purpose of this Agreement, construction of the sewer called for in the plans
described in Paragraph I. shall be diVided into two sections. Section I shall include that portion of
the sewer to be installed in Section 26 of Avon Township and Section II shall include that portion of
the sewer not included in Section 26. Each Monthly Estimate of Work Completed shall allocate the dis-
bursement called for therein between Section 1 and Section II of the sewer.
6. A. At such time as construction of the entire sewer has been completed, the total con-
struction cost shall be allocated between Section 1 and Section il. Such allocation shall be made on
an actual cost basis.
B. Avon agrees to reimburse Aetna for the construction cost allocated to Section 1 with
interest at five percent (5%) per annum an the unreimbursed portion of such cost, such interest to
accrue from the date on which Oakland County officially accepts Section i for use until Aetna is fully
reimbursed: or the expiration of three (3) years from the date of such acceptance, whichever is sooner.
Avon shall accomplish such reimbursement by remitting to Aetna on a quarterly basis all sewer capital
charges collected by Avon for issuing tap-in permits for buildings constructed in Section 26, as provided
by Avon Township Ordinance No. 44, as now or hereafter amended, attached hereto as Exhibit "A". Such
sewer capital charges shall be applied first to interest and then to the unreimbursed balance of the
construction cost.
C. Avon agrees to reimburse Aetna for the construction cost allocated to Section 11 with
interest thereon at five percent (5%) per annum accruing from the date of each advance until Aetna is
fully reimbursed. Such reimbursement shall be accomplished as follows:
(1) Avon has entered into a contract with Oakland County, attached hereto as Exhibit "8",
which provides that Oakland County will cause bonds to be issued, the proceeds from the sale of, which
the parties anticipate will be available within three (3) years -rrom the date of this Agreement. Avon
shall do everything necessary to cooperate with Oakland County to assist Oakland County to issue and
sell the bonds, the proceeds of which shall be used when received to the extent necessary to reimburse
Aetna.
(2) Avon shail not participate in the issuance of any bonds to cover the cost of the
construction of any sanitary sewer located within the area designated as the Township's Stage 111 of
the Township's sewer construction plans as such area is delineated on the drawing attached hereto and
marked Exhibit "C" unless such bond issue includes sufficient funds to reimburse Aetna in full for all
sums owing for principal advanced by Aetna and interest accrued thereon for constructing Section li.
(3) In the event that Aetna has not been reimbursed the construction cost allocated to
Section 11 and the interest thereon within three (3) years from the date of this Agreement, Oakland
County shall thereafter pay to Aetna all sums received by Oakland County from Avon pursuant to the
provisions of the contract between them, Exhibit "B" attached hereto.
7. At such time as the sewer above described has been completed and accepted by Oakland
County and by Avon Township, Avon shall assume responsibility for the continued operation, repair and
maintenance of the sewer.
8.. Premises located in Section 26 connecting to privately constructed lateral sewers tying
into Section 1 of the sewer line shall not be liable for payment of a Lateral Benefit Charge as provided
for in Ordinance No. 44.
IN. WITNESS WHEREOF this Agreement has been executed as of the date first above written.
AETNA LIFE INSURANCE COMPANY,
a Connecticut Corporation
By
Its
172
Commissioners Minutes Continued. June 1, 1972
Doris J. Un9ler
Betty Adamo
TOWNSHIP OF AVON, a Michigan Municipal Corporation
Harold Pepper, Supervisor
Thelma G. Spencer, Clerk
COUNTY OF OAKLAND, a Michigan County Corporation,
by and through its Board of Public Works
BY
Its
AVON TOWNSHIP TAP CHARGES (Including Meters)
1. 1" with 5/8" Meter = $ 350.00 each
2. 1" with 1" Meter = 410.00 each
3. 1 1/2" with 1 1/2" Meter = 750.00 each
4. 2" with 2" Meter T.C. = 1,450.00 each
Prices for sizes larger than shall be based on current time and material costs in
accordance with Ordinance No. 44.
Above fees are based solely on 60 ft. right of way.
All prices above are subject to change without notice.
NOTICE
At a Regular Meeting of the Avon Township Board, held at the Avon Township Hall, 407 Pine
Street, Rochester, Oakland County, Michigan, May 12, 1971:
Present: Supervisor Pepper, Clerk Spencer, Treasurer Ennis, Trustees Bell, Borden, Lamb
and Trimble.
Absent: None
Quorum Present
Motion by Bell, supported by Borden, Resolved, that Ordinance #44 of the Ordinances of the
Township of Avon and known as the Avon Township Water and Sewer Operating Ordinance be amended by
adding under Section 4, sub-title "WATER AND SEWER DEBT SERVICE RATE" the following sub-paragraph:
(d) As to new construction, the debt service charge may not be paid before the building
permit has been issued and shall be paid before connection with water and/or sewer service. As to
all existing structures, the debt service charge shall be due at the time of connection to water and/
or sewer facilities. The rates and charges in effect at the time of payment shall apply, except in
the case of existing residential structures electing to pay the charges over a period of forty (40)
years. In that case, the rates and charges shall be those in effect at the time of connection to
water and/or sewer facilities.
Inasmuch as this Ordinance protects the health and welfare of the people of the Township of
Avon, this amendment is given immediate effect.
AYES: Bell, Borden, Lamb, Trimble, Ennis, Spencer, Pepper
NAYS: None
Motion Carried
----- ---
MOTION by Lamb, supported by Ennis, Resolved, that Ordinance /i44 of the Ordinances of the
Township of Avon and known as the Avon Township Water and Sewer Operating Ordinance be amended as
foI lows:
TO DELETE: Section 15 (Existing Text.)
TO ADD: Section 15. The provisions relative to the capital charges and unit charges as
provided for in Section 4 of this Ordinance shall be the same as were in effect immediately preceding
the amendment of this Ordinance, dated March 10, 1971, and such capital and unit charges shall remain
in effect until July 1, 1971. On and after that date provisions relative to capital charges and unit
charges as heretofore amended on March 10, 1971 shall be in effect and shall apply equally to all
persons, firms or corporations becoming liable for such charges after that date. In all other respects,
the Ordinance as amended on March 10, 1971 shall remain in effect as amended.
Inasmuch as this Ordinance protects the health and welfare of the people of the Township of
Avon, this amendment is given immediate effect.
AYES: Borden, Lamb, Ennis, Spencer, Pepper
NAYS: Bell Trimble
Motion Carried
I, Thelma G. Spencer, Avon Township Clerk, do hereby certify that the fore-going is a true
copy of a Resolution adopted by the Avon Township Board at a Regular Meeting held Wednesday, May 12,
1971.
THELMA G. SPENCER
Avon Township Clerk
Meter Size
5/8 Inch or 3/4 Inch
1 Inch
1 1/2 Inch
2 Inch
3 Inch
4 ,Inch
Minimum Quarterly Charge
$ 9.00
12.00
18.00
24.00
36.00
67.00
Commissioners Minutes Continued. June 1, 1972
ORDINANCE NO. 44
(As Amended)
AN ORDINANCE TO PROVIDE FOR THE OPERATION AND MAINTENANCE OF THE WATER
SUPPLY SYSTEM AND THE SEHAGE DISPOSAL SYSTEM OF THE TOWNSHIP OF AVON ON A
PUBLIC UTILITY RATE BASIS UNDER THE PROVISIONS OF ACT 94, PUBLIC ACTS OF
MICHIGAN, 1933, AS AMENDED.
THE TOWNSHIP OF AVON ORDAINS:
Section 1. It is hereby determined to be desirable and necessary for the
.public health, safety and welfare of the Township of Avon to operate all water
and sewer facilities of Avon Township as one combined Water Supply and Sewage
Disposal System of the Township of Avon, and to operate and maintain the same
on a public utility rate basis, subject to Ordinances No. 16 and 24 of Avon
Township and in accordance with the provisions of Act 94, Public Acts of
Michigan, 1933, as amended.
Section 2. The Water Supply and Sewage Disposal System of said Township
shall be operated and maintained as one system on a combined rate basis and
shall include all water mains and laterals, pumping stations, sewers, sewage
disposal facilities and all attendant facilities and equipment which are used
or useful in the operation and maintenance of the Water Supply or Sewage
Disposal System, now in existence or hereafter acquired.
Whenever the words "revenues' and "net revenues' are used in this Ordinance,
they shall be understood to have the meanings as defined in Section 3, Act 94,
Public Acts of Michigan, 1933, as amended.
Section 3. The operation, maintenance, alteration, repair and management
of the System shall be under the supervision and control of the Township Board
and administered as a regular department of the Township government. The
Township Board may employ such person or persons in such capacity or capacities
as it deems advisable to carry on the efficient management and operation of the
System, and may make such rules, orders and regulations as it deems advisable
and necessary to assure the efficient management and operation of the System.
Section 3.01. Premises within the areas served by sewer laterals which
abut upon or are crossed by existing facilities or new construction or extensions
of either, from which sewage emanates, shall not be used or occupied after the
effective date hereof, unless said premises are connected to the laterals;
provided, however, that such premises shall be connected to said laterals
within twelve (12) months after the completion of the laterals.
Section 4. The initial rates to be charged for water and sewer service
furnished lay the System shall be as follows:
WATER RATE
Except as herein otherwise provided, water will be furnished by the System
to each premises shall be measured by a meter installed and controlled by the .
Township. Charges for water service to each premises connected with the water
supply system for each quarterly (3 months) period, shall be as follows:
(a) A Minimum quarterly charge, depending upon the size of meter used,
as setforth below, which charge shall entitle the customer to use up to
1,800 cubic feet of water in the quarter, viz:
173
l74
Commissioners Minutes Continued. June 1, 1972
(b) For all water used during the quarterly period in excess of 1,800
cubic feet, the following charges for such excess water used, viz:
-1,800 to 3,600 cubic feet at $0.50 per 100 cubic feet or fraction thereof;
Over 3,600 cubic feet at $0.40 per 100 cubic feet or fraction thereof.
(c) The owner of any premises using metered water may upon application
have a separate water meter installed for use of water for area maintenance.
Such metered connection shall be by separate connection to the supply main.
All connection charges apply. This privilege shall likewise be extended to
corporations or associations who in their by-laws are charged With care and
. upkeep of open spaces or grounds surrounding residential dwellings.
The Township shall pay for all water used by it at the foregoing rates,
except that for fire hydrant service, the charge shall be Twenty Dollars
. ($20.00) per year for each hydrant. Charges against the Township shall be
payable in quarterly (3 month) installments from the current fund of tha
Township or from the proceeds of taxes, which the Township, within
constitutional limitations is hereby authorized and required to levy, in.
an amount sufficient for that purpose.
SEWAGE TREATIENT RATE
(a) Premises with metered water supply:
$3.75 per quarter plus $0.25 per 102
cubic feet of water consumption or
fraction thereof.
(b) Residential premises with non-metered water:
$10.00 per premises, per quarter, flat rate.
(c) All other premises - such rates as shall be
established by the Avon Township Board.
(d) The sewage rate shall not apply where water is separately
metered and used for area maintenance.
HATER AM SEUER DEBT SERVICE RATE
The debt service charge shall consist of:
(a) Capital Charge, which shall be as follows:
This charge shell be based upon $350.00 per unit for
Hater Service and $350.00 per unit for Sewer Service.
In no instance shall the capital charge be less than
$350.00 for water and $350.00 for sanitary sewer. The
above $350.00 per unit capital charge will not be
applicable to existing premises now connected to
municipally-owned and operated water and/or sanitary
sewer systems.
A unit shall be regarded as a residential dwelling
quarters. A unit residential dwelling quarters is
defined as a. free-standing single-family residence,
each residence in a townhouse or clusterhouse, each
apartment in an apartment building, each half of a
duplex house and each trailer or mobile home in a
mobile home park.
Based upon this unit charge, charges for other types
of connections are as follows:
Commissioners Minutes Continued. June 1, 1 .972
A Residential Unit - 1 Unit $350.30
Auto Dealers - Neu Cars - 1 Unit plus 15% of a
Unit ($52.50) per stall
Bars - 1 1/2 cents per sq. fott plus 5% of a
Unit ($17.50) per seat
Barber Shops - 1 Unit Plus IOZ of a Unit
($35.00) per chair
Boling Alleys, with Bar and Lunch - 1 Unit plus
20% of a Unit ($70.00) per lane
Boli-np: Alleys Only - 1 -Unit plus 3% of a Unit
($23.00) per lane
Beauty Shops - 1 Unit plus 15% of a Unit
($52.50) per booth
Car qash - 1-Unit plus 10 cents per square font •
Churches - 1 1/2 cents per sq.fent plus 0,.8% of
a Unit ($2.80) per seat
Clinics - 1 Unit plus 50% of a Unit ($175.00)
per examining room
Factories (offices & prod.) - 1 1/2 cents per sq.ft.
plus 4% of a Unit ($14.00)
per person
Groceries 2 Supermarkets - 1 1/2 cents per sq. foot
plus 51% of a Unit 0175.001
per employee
Hospitals - 1 Unit plus 75% of a Unit ($262.50)
per bed
Hospitals (Convalescent Homes) - 1 Unit plus 20%
of a Unit ($70.00) per bed
Hotels & Motels - 1 Unit plus 25% of a Unit
($87.50) per bed
Office Buildings - 1 1/2 cents per sq. font plus
25% of a -Unit ($87.50)
per employeo
Restaurants (Food Only) - 1 1/2 cents per sq. foot
plus 8% of a Unit ($28.00)
per seat
Restaurants (with fond and drinks) - 1 1/2 cents per
sq. foot plus 16% of a Unit
- ($56.00) per seat
Schools - 1 Unit plus 1 Unit ($350.00) each
additional room
Service Stations - 1 Unit plus 15% of a Unit
($52.50) per pump
Drive-Ins. (Snack Bars, etc) - 1 Unit plus 4% of a
Unit ($14.00) per seat or stall
Theatres (Drive-Ins) - 1 Unit plus 4% of a Unit
($14.00) per car space
For other uses not listed, or for unusual conditions,
charges shall be determined by the Township.
SPECIAL USES
Debt Service Charges shall net apply for water service
connections for area maintenance by corporations or
associations maintaining open areas or grounds surrounding
residential dwelling units already paying the herein
defined Debt Service Charges.
(b) There shall be paid on behalf of any premises making a direct
private connection to any public water and/or sanitary sewer
line .rthich has not been either privately constructed and paid
for on behalf of said premises or publicly financed at least
in part by means of special assessments levied against the
property of which said premises are located, for the privilege
of making use of said public water or sewer line as a water or
sanitary sower lateral, at the tine of application for a tap
permit, a Lateral Benefit Charge as follows:
WATER
Inspection Fee .
Water Usage Fee
fleter Charge
$15.00
5.20
(By size)
176
Commissioners Minutes Continued. June 1, 1972
For each Free-Standing Single-Family Residence:
Hater $ 900.00
Sanitary Sewer 1,150.00
For any premises ether than a Free-Standing
Single-Family Residence
Hater $900.00 for the first 80 feet or less of property
on which said premises are located abutting .said
public water line, and $180.00 for each additional
20 feet or less of such property so abutting.
Sanitary Sewer $1,150.00 for the first 80 feet or less of
property on which said premises are located abutting
said public sewer line and $230.00 for each additional
20 feet or less of such property so abutting-.
Subsequent Changes in the character of the use or type of
occupancy of said premises (including destruction, removal
or abandonment of any or all improvements thereon) shall not
abate the obligation to continue the payment of the capital
charge or the lateral benefit charge herein setforth charged
to said premises in the amount and for the period herein
provided and, if subsequent changes at the time increase the
amount of sewage emanating from the premises, the Township
Board may, in its discretion, increase the number of units
assigned to said premises and thereupon any additional capital
charge occasioned by such increase in units shall be _payable
in cash at time of construction or other permit is issued by
the Township for such changes in use or at the time such
change in use occurs if no permit is issued or required.
(c) All new construction must pay the debt service charges in cash.
Existing residential structures have the option of making the
Debt Service Payments in cash or may pay the debt service
charges over a period of 40 years in equal installments as
a part of the water and sewer bill. If the time payment
method of payment is elected, the amount of the debt service
charge shall be increased 33-1/3%. Any existing structure
which elects to pay the debt service charge over a period of
years may prepay the unpaid balance of such charge at any
time, with a 25% discount on the then remaining balance.
CONVECTION RATE
(A) Water or Sever
Water or sewer connections, where provided by the Township
shall be 120% of actual cost,
(B) Private Connections
Where owners, subdividers, builders and developers are permitted
. to make their own connection on water and sewer lines they
install themselves to the individual houses or buildings the
Tap Charge will be waived and the following charges for each
home or building will be collected in its stead:
SEWER
Inspection Fee $15.00
BILLING
All customers will be billed for sower service quarterly at the
same time that charges for water service are billed. Sewer bills
shall be due at the some timo and shall be subject to the same
penalties for late payments as are water bills,:
Commissioners Minutes Continued. June 1, 1972 177
ENFORCEMEVT
The charges for water and/or sewer services which are under the
provisions of Section 21, Act WI, Public Acts of Michigan, 1933, as
amended, made a liei on all premises served thereby, unless notice is
given that a tenant is responsible, are hereby recognized to constitute
Such lien, and whenever any such charge against any piece Of property
shall be delineuent for six (A) months, the Township offiCial or
officials in charge of the collection thereof shall certify annually, .
on July 1st of each year, to the tax-assessing officer of the Township,.
the fact of such delinquency, whereupon such charge shall be by him
entered upon the next tax roll as a charge against such premises and
shall be collected and the lien thnreof enforced in the Sam Manner as
general Township taxes against such promises are collected and the lien
thereof enforced: Provided, however, where notice is given that a
tenant is responsible for such charges and service as provided by said
Section 21, no further s&-vice shall be rendered such premises until a
cash deposit in the amount of $15.00 shall have been made as security
for payment of such charges and service.
In addition to the foregoing, the Township shall have the right to
shutoff water and/or sewer service to any premises for which charges
for water and/or sewer service are more than thirty (30) days delinquent,
and such service shall not be re-established until all delinquent • Charges
and penalties and a turn-on charge of $5.00 have been paid. Further,
such charges and nenalties shall constitute a debt which may be ettovered
by the Township through Court action.
Section 5. Me free service shall be furnished by said System to any
person, firm or corporation, public or private, or to any public agency
or instrumentality.
Section 6. The rates hereby fixed are estimated to be sufficient to
provide for the payment of the expenses of administration and operation,
such expenses for maintenance of the said System as are necessary to preserve
the same in good repair and working order and to provide for such other
expenditures and funds for said System as this Ordinance and Ordinances
No. 16 and 24 may require. Such rates may be revised from time to time
by the Township Board when such action becomes necessary to provide sufficient.
funds.
Section 7. The System shall be operated on the basis of an operating
year commencing on April 1 and ending nn the last day of March next following.
Section 8. The revenues of the System shall be set aside, as collected,
and deposited in a separate depository account in a bank duly qualified to do
business in Michigan, to be selected by the Township Board, in an account to
be designated "Hater and Sewage Dispcsal System Receiving Fund" (hereinafter,.
for brevity, referred to as the "Receiving Fund"), and said revenues so
deposited shall be transferred from the Receiving Fund periodically in the
manner and at the times hereinafter specified.
(Al .Operation and Maintenance Fund:
Out of the revenues in the Receiving Fund there shall be first set aside' '
semi-annually into a depository account designated OPERATING AND MAINTENANCE
FUND, a sum sufficient to provide for the payment of the next quarter's
current expenses of administration and operation of the system and such
current expenses for the maintenance thernof as may be necessary to preserve
the same in good repair' and working. order.
(a).. Replacement Fund:
There shall next be established and maintained a depository aCcotint
designated REPLACEMENT FUND, which shall be used solely for the purpose
of making major repairs and replacements to the System if needed. .There
shall be set aside into said fund, after provision has been made for the
Operation and Maintenance Fund, such sums as the Township Board shall deem
necessary for this purpose.
178
Commissioners Minutes Continued. June 1, 1972
(C) Improvement Fund:
There shall next be established and maintained an Improvement Fund for
the purpose of making improvements, extensions and enlargements to the System.
There shall be deposited into said fund, after providing for the foregoing
funds, such sums as the Township Board shall determine.
(0) Reserve Fund:
Moneys remaining in the Receiving Fund at the end of any operating year,
after full satisfaction of the requirements of the foregoing funds, may, at .
the option of the Township Board, be transferred to the Improvement Fund or
used for any other purpose of the Hater and Sewer System.
(E) Nothing herein contained shall he construed to revoke the covenants of
the Township made in Ordinances No. 18 and 24 relative to Hater District or
System No. 1 and Hater Supply and Sewage Disposal System No. 2, respectively,
or to alter or diminish the security for revenue bonds for each such System
authorized by said ordinances. Revenues from each of said systems shall
continue to be segregated upon the books of the combined Avon Township Hater
Supply and Sewage Disposal System established hereby in the manner setforth
in said ordinances, and appropriate accounts shall be instituted and
maintained within the account structure of said combined system for this
purpose, and revenues of said systems shall be applied to the various
.expenses, liabilities and charges of said sytems as previously in said ••
ordinances provided.
(F) Bank Accounts:
All moneys belonging to any of the foregoing funds or accounts may be
kept in one bank account, in which event the moneys shall be allocated on
the books and records of the Township within this single bank account in
the manner above setforth.
Section 9. All funds derived from the collection of rates for services
furnished by the System on hand in any account on the effective date of this
Ordinance shall, within fifteen (15) days thereof, be transferred to the
Receiving Fund and be distributed therefrom in accordance with the terms of
this Ordinance.
Section 10. In the event the moneys in the Receiving Fund are insufficient
to provide for the current requirements of the Operating and Maintenance Fund,
any moneys and/or securities in other funds of the System shall be transferred •
to the Operation and Maintenance Fund, to the extent of any deficit therein.
Section 11. Moneys in any fund or account established by the provisions
of this Ordinance may be invested in obligations of the United States of
America-in the manner and subject to the-limitations provided in Act 94,
Public Acts of Nichigan, 1933, as amended. In the event such investments are
made, the securities representing the same .shall be kept on deposit with the
bank or trust company having on deposit the fund or funds from which such
purchase was made. Income receiving from such investments shall he credited
to the fund from which said investments were made.
Section 12. If any section, paragraph, clause or provision of this Ordinace
shall be held invalid, the invalidity of Such section, paragraph, clause or
provision shall not affect any of the other provisions of this Ordinance.
Section 13. All ordinances, resolutions or orders, Or parts thereof., in
conflict with the provisions of this Ordinance, are, to the extent of such
conflict, hereby repealed.
Commissioners Minutes Continued. June 1, 1972 179
Section 14. This Ordinance shall be published in full in the Rochester
Clarion, a newspaper of general circulation in the Township of Avon qualified
under State law to publish legal notices, within two (2) weeks after its
adoption, and the same shall be recorded in the Ordinance Book of the Township
and such recordint authenticated by the signatures of the Township Supervisor
and Township Clerk.
Section 15. This Ordinance shall become effective immediately upon
its adoption.
ADOPTED: March 26, 1953
AMENDED: February 26., 1969
December 3, 1969
March 10, 1971
1, Thelma G. Spencer, Avon Township Clerk, do hereby certify that the
foregning constitutes a true and complete copy of Ordinance #44 as adopted
by the Avon Township Board at a Meeting held on March 26, 1968 and amended:
thereafter by the Avon Township Board at meetings held February 26, 1969,
December 3, 1969, and March 10, 1971.
THELMA C. SPENCER,
Dated: March 11, 1971 Avon Township Clerk
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM-GIBSON-AVON ARM CONTRACT
THIS CONTRACT, made as of the 1st day of May, 1972, by and between the COUNTY OF OAKLAND, a
Michigan county corporation (hereinafter called the "county"), by and through its Board of Public Works
(hereinafter referred to as the "board'), party of the first part, and the TOWNSHIP OF AVON, a township
corporation in the County of Oakland (hereinafter called the "municipality"), party of the second part:
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Miscellaneous No. 4342, adopted
on June 22, 1964, did approve of establishment of the Clinton-Oakland Sewage Disposal System to serve
the Clinton-Oakland Sewage Disposal District, within which district lies all of the municipality; and
WHEREAS Act No. 185 of the Michigan Public Acts of 1957, as amended, grants to the board of
public works in any county having a department of public works, the power to acquire sewage disposal
systems as defined in said Act and to improve, enlarge and extend any system acquired pursuant thereto;
and
WHEREAS the County of Oakland through its Board of Public Works, is acquiring and constructing
the said Clinton-Oakland Sewage Disposal System pursuant to the Amended Clinton-Oakland Sewage Disposal
System Contract, dated January 11, 1968, between the County of Oakland, the Charter Township of Waterford,
the Township of Avon, the Township of West Bloomfield, the Township of Independence, the Township of
Orion, and the Township of Pontiac, (said contract hereinafter referred to as the "Base Contract"); and
WHEREAS by the terms of said Act No. 185 the county and the municipality are authorized to
enter into a contract for the acquisition, improvement, enlargement or extension of a sewage disposal
system and for the payment of the cost thereof by the municipality; and
WHEREAS it is now necessary for the public health and welfare of the present and future
residents of the municipality to extend, improve and enlarge the said Clinton-Oakland Sewage Disposal
System in the municipality by the acquisition and construction of the so-called Gibson-Avon Arm under
the provisions of said Act No, 185; and
WHEREAS the municipality will enter into an Agreement to Advance and Reimburse Sewer
Construction Costs (herein called the "Agreement") with Aetna Life Insurance Company, a Connecticut
corporation, (herein called "Aetna") (to which Agreement the county will also be a party and in which
Agreement this Contract will be incorporated by reference) pursuant to which Aetna will agree to advance
to the County the entire cost of the Gibson-Avon Arm, presently estimated to be $960,000, in payments as
required by the county during construction and at completion, which advances will be divided by the terms
of said Agreement into one portion allocated to Section 1 of the Gibson-Avon Arm, being the portion
180
Commissioners Minutes Continued. June 1, 1972
located in Section 26 of the Township of Avon, and one portion allocated to Section 11 of the Gibson-
Avon Arm, being the remainder of the project; and
WHEREAS the municipality will agree in said Agreement to reimburse Aetna for all advances
related to Section 1, with interest at 54 per annum on the amount unreimbursed from completion and
acceptance of Section 1 by the county during the three year period following such acceptance, to the
full extent of tap-in permit charges collected by the municipality for connections made to Section
in Section 26; and
WHEREAS the municipality and the county will agree in said Agreement to reimburse Aetna in
full for all advances related to Section 11, with interest at 54 per annum on the unreimbursed amount
thereof from the time of advance until paid, by the use of the proceeds of county bonds issued pur-
suant to Act No. 185 and this Contract or out of payments received from the municipality pursuant to
this Contract prior to or in lieu of the issuance of county bonds with the understanding that the
county and the municipality will use their best efforts to issue said bonds; and
WHEREAS no other municipality in the Clinton-Oakland Sewage Disposal District will be
affected by the acquisition, construction and financing of said project at this time; and
WHEREAS in order to acquire and construct said project and to issue such bonds, it is
necessary for the county and the said municipality, parties hereto, to enter into this Contract; and
WHEREAS the Oakland County Department of Public Works (hereinafter sometimes referred to
as the "DPW) has obtained plans, specifications and an estimate of cost for the construction of said
Gibson-Avon Arm, prepared by Johnson and Anderson, Inc., registered professional engineers, and a
plan of the approximate route of said Gibson-Avon Arm and the areas to be served thereby which is
attached hereto as Exhibit "A" and by this reference made a part of this Contract.
NOW THEREFORE in consideration of the premises and the covenants of each other, the parties
hereto agree as follows:
I. The county and the municipality hereby approve the extension, improvement and enlargement
of the Clinton-Oakland Sewage Disposal Systems by the acquisition and construction of sewage disposal
facilities to serve the municipality, under and pursuant to the provisions of Act No. 185 of the
Michigan Public Acts of 1957, as amended. The sewage disposal facilities to be acquired and constructed
are hereby designated the "Gibson-Avon Arm of the Clinton-Oakland Sewage Disposal System".
2. The facilities constituting the entire Gibson-Avon Arm project and their general
location within the municipality are shown on Exhibit 'A" which is attached hereto and by this
reference is made a part hereof. The portion of said facilities located in Section 26 of the
municipality is hereby designated "Section jr and the remainder of the facilities are hereby
designated "Section 11".
3. The county and the municipality hereby approve and adopt the estimate of the total
cost of the project in the amount set forth on Exhibit "B" attached hereto, and the estimate of 40
years and upwards as the period of usefulness of the project, all as prepared by the consulting
engineers. When the project is completed, the county and the municipality and Aetna shall allocate
the final costs between Section i and Section 11 as provided in the Agreement.
4. After the execution of this Contract by the county and the municipality, the board shall
take the following steps:
(a) Order final plans and specifications for the project from the consulting engineer.
(b) Obtain construction bids for the project and if said bids satisfy the Agreement or are
accepted by Aetna so that the provisions of the Agreement are satisfied and the county has received
the letter, Exhibit "CC to the Agreement, enter into construction contracts with the lowest responsible
bidders.
(c) Submit the plans and specifications and estimate of cost to the county board of
commissioners, together with resolutions approved by the Oakland County Board of Public Works,
accepting and approving the Agreement and providing for the issuance of bonds by the county as herein-
after and in the Agreement provided.
(d) After the Agreement is executed by all parties thereto and construction contracts have
been executed, the board shall cause the project to be constructed within a reasonable time and do
all other things required of it under the provisions of Act 185, Public Acts of Michigan, 1957, as
amended, the Agreement and this Contract.
5. it is understood and agreed by the parties hereto that the project is to serve the
municipality and not the individual property owners and users thereof, unless by special arrangement
between the board and the municipality. The responsibility of requiring connection to and use of the
facilities of the project and of providing such additional facilities, as may be needed, shall be
that of the municipality which shall cause to be constructed and maintained, directly or through the
county, any such necessary additional facilities. The county shall not be obligated to acquire or
construct any facilities other than those designated in paragraph 2 hereof. The project is an
improvement, enlargement and extension of the Clinton-Oakland Sewage Disposal System and the Base
Contract shall apply thereto except as the same may be specifically modified herein for specific
application to the project, and, in particular the provisions of paragraphs 9, 10, 11 and 16 through
24 of the Base Contract shall apply hereto as though set forth in full herein.
The county hereby agrees that it will secure, 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
shall provide that the county and the municipality shall be insured parties thereunder and shall
contain a provision requiring that the municipality be notified at least ten days prior to cancellation
thereof. One copy of each policy of insurance shall be filed with the municipality.
6. Aetna has agreed to advance on behalf of the municipality to the county moneys sufficient
to pay the entire cost of the entire project which advances as to Section 11 shall be repayable out of
bond proceeds or payments by the municipality as the Agreement provides. The municipality shall
Commissioners Minutes Continued. June 1, 1972 181
ultimately pay to the county, to cover the cost of Section 11 of the project, a sum equal to the cost
thereof plus interest and other charges herein provided. All payments and advances shall be applied
to the cost of the Arm. The term "cost" as used herein shall be construed to include all items of
cost of the type set forth on Exhibit "B" attached hereto and any other items of cost of a similar
nature as may be set forth in any revision of said Exhibit "B" agreed to by the parties hereto, incurred
by the county in acquiring and constructing the project but in no event to be less than the amount of
any bonds issued by the county pursuant to Act 185 to pay all or part of the cost of the project (herein
called "bonds"). Aetna shall agree prior to the award of construction contracts and prior to issuance
of bonds to advance td the board moneys sufficient to pay the cost of the project. The amount to be so
advanced shall be the estimated cost of the project at the time of such Agreement or as the cost shall
ultimately be determined to be pursuant to this Contract and the Agreement.
7. The amount to be paid by the municipality with respect to Section 1 of the project shall
be determined and paid as provided in the Agreement and the county shall have no obligation or duty
with respect to said payments. In the event that county bonds are issued as provided herein, the amount
to be paid by the municipality with respect to Section 11 of the project shall be divided into annual
installments, numbered in direct order of their maturities. The amount of each installment for the
municipality shall be set forth on an Exhibit "C" to be adopted by the county and the township and made
a part hereof prior to issuance of county bonds. Said installments shall be due in consecutive numerical
order thirty days prior to the date in each year shown on said Exhibit "C", and all amounts thereof from
time to time unpaid, shall bear interest from the date of the county bonds, at the rate per annum pay-
able on the bonds, which interest shall be paid by the municipality to the county semi-annually thirty
days prior to the date on which interest is payable on the bonds issued by the county together with the
annual fees and expenses connected with the payment of said bonds. If the municipality shall fail to
pay to the county any installment or interest when the same becomes due, then the amount thereof shall
be subject to a penalty, in addition to interest, of 1/2 of 1% for each month or fraction thereof that
the same remains unpaid after the due date. The municipality may pay in advance of maturity all or any
part of an annual installment at any time to Aetna before bonds are issued and thereafter to the county
by surrendering to the county bonds issued in anticipation of payments to be made under this Contract,
of a like principal amount maturing in the same calendar year, with all future due interest coupons
attached thereto. Accrued interest upon the amount so paid upon any installment, and accrued interest
upon the bonds surrendered, shall be adjusted to the date of surrender and any difference shall be paid
in cash. All surrendered bonds and coupons shaft be canceled.
In the event county bonds are not issued as herein provided, the municipality shall make
annual payments of not less than 550,000 each to the county, the first such payment shall be made on
or before May 1, 1977 and successive payments shall be made on each May 1st thereafter. Such annual
installments shall continue until the county has received the full amount of the advances made by
Aetna for Section 11 with interest from the date of each advance at the rate of 5% per annum. Such
payments shall be credited first against interest and the balance against principal.
In the event that bonds are sold after the municipality has made a payment or payments to the
county pursuant to the foregoing paragraph, the total amount of the principal payable to the county as
set forth on Exhibit "C" shall be the unpaid principal balance of the advances by Aetna for Section H.
8. If the moneys advanced pursuant to the Agreement are for any reason insufficient to
complete the project in accordance with the plans and specifications therefor and bonds have not yet
been issued, the county shall make the certifications provided in the Agreement and Aetna shall advance
additional moneys in an amount necessary to provide funds to complete the project. If bonds have been
issued, then the additional amount shall be paid by the municipality and the several then remaining
installments shall be increased accordingly and the county shall issue additional bonds or shall, at
the request of the municipality, use any other moneys available to defray such additional cost of the
project.
9. After completion of the project and payment of all costs thereof, any surplus remaining
from the moneys advanced shall be refunded to the municipality or in accordance with the Agreement to
Aetna. All moneys advanced for Section II shall be reimbursed to Aetna with interest at the rate of 5%
per annum from the date or dates moneys were advanced, if and when county bonds are sold to defray the
cost of the project. Any surplus of bond proceeds shall be used with approval of the Board of
Commissioners to extend, enlarge or improve the Arm or applied in payment of the obligations next
falling due of the municipality hereunder either to Aetna or the county, as the case may be.
10. The municipality consents to the establishment and location of the project within its
corporate limits and consents to the use of the streets, alleys and public places of the municipality
for the location, construction, repair, replacement, maintenance and use of the sewage disposal facilities
of the project. After completion, the project shall be used for the collection of sanitary sewage
within the municipality and the transportation of said sanitary sewage for ultimate disposal. Upon
completion of the project the county hereby leases the facilities constituting the project to the munici-
pality during the term of this Contract, upon the following terms and conditions:
(a) The facilities shall be used and operated by the municipality in compliance with all
contractual and legal obligations applicable to the municipality. The municipality shall employ
qualified and competent personnel to operate the facilities hereby leased.
(b) The municipality, at its own expense, shalt maintain said facilities in good condition
and repair, to the satisfaction of the Board of Public Works, The Board of Public Works shall have the
right to inspect the said facilities at any time and if said Facilities or any part thereof are not in
a state of good condition and repair, then the Board of Public Works shall notify the municipality in
writing as to any deficiency. If the municipality shall fail to restore the facilities to a good
condition and repair within a reasonable time thereafter, then the Board of Public Works shall have the
right to perform the necessary work and furnish the necessary materials, and reimbursement for any
expense incurred by the county shall be made by the municipality to the county within thirty (30) days
182
Commissioners Minutes Continued, June 1, 1972
after the expense has been incurred.
(c) The municipality shall adopt and continue in existence and shall enforce an ordinance
or ordinances concerning the connections of premises in the municipality to the facilities and
concerning the use of and the payment of charges for the use of the facilities.
(d) The municipality shall make and collect from the individual users of the facilities
such charges for sewage disposal services as shall be sufficient to pay the cost of the operation and
maintenance of the facilities, the cost of sewage disposal charges required to be paid by the munici-
pality, and to establish suitable reserves for operation and maintenance. Such charges may also include
an amount determined by the municipality to be used to meet the obligations of the municipality to the
county under this Contract or the Base Contract. The municipality shall enforce prompt payment of all
such charges as the same shall become due.
(e) The municipality shall secure and maintain adequate property damage and public liability
insurance covering all facilities hereby leased to it by the county. All policies of insurance shall
provide that the township, Aetna and the county shall be insured parties thereunder and shall contain
a provision requiring that the Director of the Oakland County Department of Public Works and Aetna be
notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall
be filed with Aetna and the Oakland County Department of Public Works.
The municipality agrees to lease the project from the county upon the foregoing terms and
conditions and for the period of this Contract and agrees to pay the sum of $1.00 per year on January 1st
of each year commencing January 1, 1973, and in addition to perform its covenants and agreements set
forth in this Contract as a rental for said project.
11. The municipality does hereby pledge its full faith and credit for the prompt payment of
the aforesaid obligations and shall each year, commencing with the year 1973, levy a tax in an amount
which, taking into consideration estimated delinquencies in tax collections, will be sufficient for
the prompt payment of any amount falling due 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 (as provided for in paragraph
(2), Section 12, of Act No. 185, Public Acts of 1957, as amended) earmarked for the payment of the
current obligations for which the tax levy is to be made, or available for the purpose as herein
provided, in which case the annual tax levy may be reduced by that amount. Funds for which credit may
be so taken, shall be raised by one or more of the methods set forth in paragraph (2), Section 12 of
said Act 185, Public Acts of 1957, as now existing or hereafter amended, primarily by the exaction of
connection charges which the municipality hereby agrees to impose and collect for each sewage disposal
unit connected or developed for connection directly or indirectly to the Gibson-Avon Arm.
12. The county shall issue its negotiable bonds to defray the cost of Section 11 of said
project not covered by payments made by the municipality before bonds are issued, which bonds shall be
secured by the full faith and credit pledges of the municipality under this Contract, as provided for
in Section ii of said Act 185, Public Acts of 1957, as amended, and, if 3/5ths of the members elect of
the Board of Commissioners shall approve, the full faith and credit of the County of Oakland shall be
pledged to the prompt payment of said bonds, principal and interest. Said bonds shall be issued
pursuant to the provisions of said act and the applicable general statutes of the state where not in
conflict with said act.
13. The provisions of this Contract shall not be modified or terminated 50 as to impair the
security of any bonds issued by the county upon the full faith and credit pledges of the municipality
or the county. it is hereby declared that the terms of this Contract, 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.
14. This contract shall become effective upon approval by the legislative body of the munici-
pality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of Oakland
County, and duly executed by the authorized officers of the municipality and of the Board of Public
Works. it shall terminate fifty (50) years from the date of this Contract. This Contract may be
executed in several counterparts.
The provisions of this Contract shall be in full force and effect and 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 their respective duly authorized officers, all as of the day and year first above written.
TOWNSHIP OF AVON COUNTY OF OAKLAND
By By Its Board of Public Works
Supervisor By
By Chairman
Township Clerk By
Secretary
Township of Avon
407 Pine Street
Rochester, Michigan 48063
Oakland County Department of Public Works
I Public Works Drive
Pontiac, Michigan 48054
Gentlemen:
Avon Township, Oakland County and Aetna Life Insurance Company have recently entered into a
contract relating to the construction of a sanitary sewer in Avon Township known as the Gibson-Avon Arm.
This contract provides that Aetna Life Insurance Company is to disburse funds to the Oakland County
Department of Public Works through Aetna's Detroit agent, Detroit Mortgage and Realty Company. This
letter is to advise you that upon being notified that the Oakland County Department of Public Works has
entered into a contract for building the Gibson-Avon Arm, Detroit Mortgage and Realty Company will make
OAKLAND TV/ P.
AVON TOWNSHIP SANITARY
STAGE 11 8 111
DEC. 18,1969
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Commissioners Minutes Continued. June 1, 1972 183
available and disburse in accordance with the Avon Township-Oakland County-Aetna contract a fund of not
less than $200,000 and as monies are disbursed from that fund, Detroit Mortgage and Realty Company will
cause the fund to be replenished so that until Aetna's obligations under the Avon Township-Oakland
County-Aetna contract have been paid in full, the fund on hand with Detroit Mortgage and Realy Company
will have available for distribution not less than $200,000.
Very truly yours,
DETROIT MORTGAGE AND REALTY COMPANY
EXHIBIT "D"
3. That the Board of Public Works is hereby authorized to accept advances of moneys
sufficient to pay the entire cost of the project from Aetna Life Insurance Company pursuant to the
agreement and to repay such part of the moneys advanced, with interest at the rate; for the period and
from the date or dates all in accordance with the provisions of said agreement and said contract herein-
above set forth in full.
It was moved by Mr. Lennon, seconded by Mr. Houghten, that the foregoing resolution be
adopted.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6034
By Mr. Mainland
IN RE: APPROVE NEW CLASSIFICATION OF RIGHT-OF-WAY SUPERVISOR
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the right-of-way acquisition function of the Department of Public Works has grown to
the point where the supervisor of the function now supervises eleven employees; and
WHEREAS this division of the Department of Public Works now also does right-of-way work for
other County departments; and
WHEREAS recent changes in the relative statutes require a somewhat more sophisticated approach
to some of the right-of-way work; and
WHEREAS a detailed study by the Personnel Division of the Board of Auditors indicates that
the present classification of Right-Of-Way Technician is no longer descriptive of the duties of the
supervisor of the right-of-way function of the Department of Public Works.
NOW THEREFORE BE IT RESOLVED that a new classification of Right-Of-Way SuPervisOr be created
with a salary range of Base - $11,850; One Year - $12,400; Two Year - $12,950; Three Year - $13,500;
and Four Year - $14,050.
The Personnel Practices Committee, by W. L. Mainland, Chairman, moves the adoption of the
foregofng resolution.
PERSONNEL PRACTICES COMMITTEE
W. L. Mainland, Chairman
Moved by Mainland supported by Aaron the resolution be. adopted.
Discussion: followed.
The Chairman referred the resolution to the Finance Committee. There were no objections.
Misc. 6035
By Mr. Mainland
IN RE: APPROVE ADDITIONAL POSITION OF STAFF PHYSICIAN AND TRANSFER OF SENIOR GENERAL STAFF NURSE
POSITION FROM SHERIFF'S DEPARTMENT BUDGET TO OAKLAND COUNTY HOSPITAL
To the Oakland County Board of Commissioners
Mr- Chairman, Ladies and Gentlemen:
WHEREAS the infirmary in the Jail section of the new Law Enforcement Complex will require
ciOser medical supervision than does the medical treatment possible in the limited physical facilitieS
of the present jail; and
WHEREAS it will be possible to have more complete medical coverage by having the medical
supervisor of the infirmary supplied by a County medical facility having several physicians available;
and
WHEREAS the Personnel Division of the Board of Auditors will find it advantageous to have its
Pre-Employment and Service Extension Medical Examinations performed by a County Medical Facility; and
WHEREAS the Board of Auditors, the Sheriff, the Health Department and the County Hospital all
agree that Oakland County Hospital is the County medical facility to perform these functions; and
WHEREAS the funds budgeted for a physician's services for the Sheriff's Department and for
Pre-Employment and Service Extension medical examinations for the Personnel Division amount to $42,000
for 1972, which appears to be adequate to finance the program; and
WHEREAS these services can be provided by the County Hospital with the addition of one
physician to its staff, the transfer of one nursing position from the Sheriff's payroll and the
availability of $3,000 for consulting services;
NOW THEREFORE BE IT RESOLVED that, one Staff Physician position, with a Current salary range
from.:. $2535.8: to $28,655, be created for Oakland County Hospital.
BE IT FURTHER RESOLVED that one Senior General Staff Nurse position be transferred from the
salaries': budget of the Sheriff's Department to the salaries budget of Oakland County Hospital.
184
Commissioners Minutes Continued. June 3, 1972
BE IT FURTHER RESOLVED that $3,000 be placed in the Hospital's operating budget for
consulting services.
BE IT FURTHER RESOLED that the medical supervision of the Infirmary Unit of the Jail section
of the Law Enforcement Complex be made the responsibility of Oakland County Hospital,
The Personnel Practices Committee, by W. L. Mainland, Chairman, moves the adoption of the
foregoing resolution.
PERSONNEL PRACTICES COMMITTEE
W. L. Mainland, Chairman
Moved by Mainland supported by Mathews the resolution be referred to the Finance Committee.
A sufficient majority having voted therefor, the motion carried.
Moved by Mainland supported by Olson that the proposed change in Merit System Rule 2, Section
VII, SALARIES, presented on April 11, 1972, as recommended by the Personnel Practices Committee, be
adopted.
AYES: Mainland, Mathews, Olson, Paholak, Patnales, Perinoff, Pernick, Simson, Baraket, Burley,
Coy, Daly, Dearborn, Doyon, Hamlin, Harrison, Houghten, Kasper, Kronenberg, Lennon. (20)
NAYS: Powell, Wilcox, Aaron, Gabler, Horton, (5)
A sufficient majority having voted therefor, the motion carried.
Misc. 6036
By Mrs. Simson
IN RE: SUPPORT OF SENATE BILL 1252 PROBATION INCENTIVE BILL
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has been informed that the present trend in prisonable offenses is to
put offenders on rehabilitative probation rather than send them to State prisons; and
WHEREAS Senate Bill 1252 would set the period of 1969 through 1971 as the base period and
reimburse counties for any increase in people placed on probation now and in the future as compared to
the number on probation during the base period; and
WHEREAS the semi-annual rate of reimbursement would be $2,500 each or $5,000 per year per
person on probation; and
WHEREAS your Committee believes it to be in the best interest of Oakland County to support
such legislation;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports Senate
Bill 1252.
The Legislative Committee, by Mrs. Marguerite Simson, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Daly the resolution be adopted.
Discussion followed.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6037
By Mrs. Simson
IN RE; SUPPORT HOUSE BILL 6163 STATE REVENUE SHARING
To the Oakland County Board of Commissioners
Mr. Chairman, Ladles and Gentlemen:
WHEREAS House Bill 6163, as it presently stands, would allot to counties 30 per person
(which equals $2.7 million) and the Michigan Association of Counties reports they are attempting to
have the figure adjusted upwards if other bills are passed which would take income away from counties;
and
WHEREAS if the Income tax reverts to 2.6% there will undoubtedly be changes in the bill; and
WHEREAS this bill is being held in Committee; and
WHEREAS your Legislative Committee believes that notwithstanding the fact that no one knows
at what level the state income tax will be, the Oakland County Board of Commissioners should take a
stand on the revenue sharing bill without reservation or revision;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House
Bill 6163 specifically to keep the revenue sharing at not less than 30 per capita paid by the State
directly to the counties.
The Legislative Committee, by Mrs. Marguerite Simson, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Commissioners Minutes Continued. June 1, 1972 185
Moved by Simon supported by Powell the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6038
By Mrs. Simson
IN RE': HOUSE RESOLUTION 14370 FEDERAL REVENUE SHARING
TO the Oakland County Board of Commissioners
Mr.: Chairman, Ladies and Gentlemen:
WHEREAS House Retelmtion 14370, Federal Revenue Sharing, is presently in the House Rules
Committee; and
WHEREAS your Legislative Committee is of the opinion that it is better if all counties work
through the M'ichigen Association of Counties in support of Federal legislation as it would have more
impact at the Federal level; and
WHEREAS yOur Committee believes that this Board should submit a resolution to the effect that
we are fully and totally committed to and supportive of the Mills Bill, H. R. 14370 (Federal Revenue
Sharing), and requests the State Association to press in every direction possible for its early con-
sideration in the CongresS and that copies of the resolution be directed to our Congressmen as well
as to the Michigan Association of Counties;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is fully and
totally committed to and supportive of the Mills Bill, H. R. 14370 (Federal Revenue Sharing) and
requests the State Association to press in every direction possible for its early consideration in the
Congress;
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Senators Philip A. Hart,
Robert P. Griffin and Representatives Jack H. McDonald and William S. Broomfield.
The Legislative Committee, by Mrs. Marguerite Simson, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Paholak the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6039
By Mrs. Simson
IN RE: SUPPORT RESOLUTION OF MICHIGAN SOCIETY FOR MENTAL HEALTH OPPOSING LINE ITEM BUDGETING FOR LOCAL
MENTAL HEALTH PROGRAMS
To the Oakland County Board of Commissioners
Mr. Chairman -, Ladies and Gentlemen:
WHEREAS the Michigan Society for Mental Health has introduced a resolution opposing allocation
by the State of line Items in the budget for local mental health programs.; and
WHEREAS your Committee believes this would destroy the whole concept of the mental health
program and the reason it was started in the first place; and
WHEREAS your Committee feels that our motivation is solely to keep control of the programs at
the local level where the problems and needs are better known;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
resolution of the Michigan Society for Mental Health opposing allocation by the State of line items in
the budget for local mental health programs.
The Legislative Committee, by Mrs. Marguerite Simson, Chairman, with the concurrence of the
Health Committee, moges the adoption of the foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Barakat the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6040
By Mrs. Simson
IN RE: SUPPORT OF HOUSE BILL 5600 INCREASING EMERGENCY GRANTS TO VETERANS
To the Oakland County Board of Commissioners
Mr.. Chairman, Ladies and Gentlemen.:
WHEREAS House Bill 5600 would increase the amount of emergency relief to Veterans from $10 to
$5.0; and
WHEREAS your Committee recommends support of House Bill 5600;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House
Bill 560G.
The Legislative Committee-, by Mrs. Marguerite Simson, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Doyon the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
186
Commissioners Minutes Continued. June 1, 1972
Misc. 6041
By Mrs. Simson
IN RE: HOUSE BILL 4641 MEMBERSHIP ON BOARD OF MANAGERS OF SOLDIERS' HOME
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4641 provides that a veteran of the United Spanish War be. one of the
members of the Board of Managers of Soldiers' Home; and
WHEREAS the Veterans Affairs Commission agrees with your Committee that this provision weakens
the bill inasmuch as there are very few United Spanish War veterans left; and
WHEREAS your Committee recommends that House Bill 4641 be amended as follows:
'Sec. 3 *.A-* I shall be a United Spanish War veteran, AND IF NO VETERAN OF .THAT WAR IS AVAIL-
ABLE TO SERVE, THEN A VETERAN OF ANY WAR PROVIDING NO MORE THAN 2 MEMBERS SHALL REPRESENT THE SAME WAR
PERIOD,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners recommends
legislation to amend House Bill 4641 as follows:
"Sec. 3 *** I shall be a United Spanish War veteran, AND IF NO VETERAN OF THAT WAR IS AVAILABLE
TO SERVE, THEN A VETERAN OF ANY WAR PROVIDING NO MORE THAN 2 MEMBERS SHALL REPRESENT THE SAME WAR
PERIOD,
The Legislative Committee, by Mrs. Marguerite Simson, its Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Harrison the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6042
By Mrs. Simson
IN RE: SUPPORT HOUSE BILL 5618 STATE PAYMENTS ON TAX REVERTED AND SWAMP LANDS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen;
WHEREAS the State presently pays 20 per acre, in lieu of taxes, on tax reverted and swamp
lands; and
WHEREAS House Bill 5618 would increase the payment from 21:k per acre to 50 per acre; and
WHEREAS your Committee believes that this bill will be of great benefit to some of the more
sparsely populated counties and the Michigan Association of Counties has urged all counties to support
it;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House
Bill 5618.
The Legislative Committee by Mrs. Marguerite Simson, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Daly the resolution be adopted.
Discussion followed.
Moved by Powell supported by Gabler the resolution be laid on the table for further
consideration.
AYES: Mathews, Olson, Paholak, Pernick, Powell, Simson, Aaron, Burley, Coy, Daly, Dearborn,
Doyon, Hamlin, Harrison, Horton, Houghten, Kasper, Kronenberg, Lennon, Mainland. (20)
NAYS: Perinoff, Barakat. (2)
A sufficient majority having voted therefor, the motion carried.
Misc. 6043
By Mrs. Simson
IN RE: SUPPORT HOUSE BILL 1261 INCREASE PER CAPITA PAYMENT TO COUNTY HEALTH DEPARTMENTS FROM 20 to
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the State of Michigan presently subsidizes the County of Oakland and all other
counties in the State for the operation of the county Health Departments at the rate of 20 per capita;
and
WHEREAS Senate Bill 1261" increases the subsidy from 20 to 35; and
WHEREAS your Committee recommends support of Senate Bill 1261;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports Senate
Bill 1261.
The Legislative Committee, by Marguerite Simson, Chairman, moves the adoption of the foregoing
resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
187 Commissioners Minutes Continued. June 1, 1972
Moved by Simson supported by Daly the resolution be adopted.
A sufficient majority having voted therefor, the resolOtion was adopted.
Misc. 6044
By Mrs. Simson
IN RE: SUPPORT SENATE 84 -LL 391 - AMENDMENT TO MARINE SAFETY ACT
To the Oakland County Board of Commissioners
MT. Chairman, Ladies and Gentlemen:
WHEREAS the Marine Safety Act provides for a 3-year boat registration fee, and
WHEREAS Senate Bill 391 would amend the Act to provide for 2-year registration fees, as follows:
LENGTH OF BOAT FEE
0-16 feet $ 5.00
16-26 feet 10.00
26 and over 20.00
WHEREAS the Oakland County Sheriff's Department supports this bill, and
WHEREAS the revenues received from such registrations go to the Department of Natural Resources
and in turn reimbursed to counties on a matching basis for water safety programs, improvement of access
sites, etc., and
WHEREAS a dangerous situation exists on Oakland County lakes with all types of makeshift craft
and is therefore important that all vessels, large or small, be registered and have identifying numbers
on them;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports Senate
Bill 3.961.
The Legislative Committee, by Marguerite Simson, Chairman, moves the adoption of the foregoing
resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Barakat the resolution be adopted.
Discussion followed.
Mrs. Simson requested that Deputy Sheriff Paul May be allowed to address the Board relative
to this matter. There were no objections. Deputy Sheriff May spoke to the Board.
Discussion followed.
Moved by Olson supported by Powell the resolution be laid on the table and the Legislative
Committee hold a public hearing on this matter.
Mr. Barakat voted 'no'.
A sufficient majority having voted therefor, the motion carried.
Discussion followed.
Moved by Powell supported by Olson that the Senate Committee be reqUested to hold a Public
Hearing in Oakland County in consort with the Legislative Committee, or, if they decline, the Legislative
Committee be granted authority to hold a Public Hearing on this matter.
A sufficient majority having voted therefor, the motion carried.
Misc. 6045
By Mrs. Simson
IN RE: OPPOSE HOUSE BILL 6025 - INCREASE MANDATORY PERIOD FOR HOLDING DOGS AND CATS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 6025 increases the length of time dogs, and now cats, must be held by any
pound from 5 to 15 business days, and the time a dog or cat with a collar, license or other evidence
of ownership to 30 business days, and
WHEREAS serious problems at the Animal Shelter which resulted in transfer of the operation
to the Humane Society were caused by the increase in holding time from 3 to 5 days, and
WHEREAS if this bill is passed, it will create an impossible situation, especially since it
includes cats as well as dogs, and
WHEREAS the space designed by the Humane Society to take care of dog care for Oakland County
was based on the 5-day holding period and the 15 business days will ambunt to 21 calendar days, and
would be prohibitively expensive from the standpoint of both space and M0h6y for care and feeding;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes House
Bill 6025.
The Legislative Committee, by Marguerite Simson, Chairman, Moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
188
Commissioners Minutes Continued. June 1, 1972
Moved by Simson supported by Coy the resolution be adopted.
Discussion followed.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6046
By Mrs. Simson
IN RE: SUPPORT SENATE BILL 77 - AMENDMENT TO MEDICAL EXAMINER ACT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Senate Bill 77 provides that the Medical Examiner, in lieu of personally performing
certain functions set forth in the Act, may designate and authorize trained lay persons to go to the
place where the body lies and take charge of it, make certain inquiries, note circumstances and cause
body to be transported to the morgue for examination by the Medical Examiner, and
WHEREAS your Committee recommends support of Senate Bill 77;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support Senate
Bill 77 as originally drawn.
The Legislative Committee, by Marguerite Simson, Chairman, moves the adoption of the foregoing
resolution.
LEGISLATIVE COMMITTEE
Marguerite Simson, Chairman
Moved by Simson supported by Perinoff the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6047
By Mr. Harrison
IN RE: AUTHORIZATION TO RECEIVE BIDS ON PHASE IV - PRIMARY ELECTRICAL SERVICE
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has considered and approved items of work to be accomplished under
Phase IV of the Primary Electrical Service for the Service Center, and
WHEREAS your Committee recommends that the Board of Auditors be authorized to receive bids
on June 21, 1972 at 2:00 P. M. on this project which will include completion of the Primary Switchhouse
equipment installation and further transfer of existing 4,800 volt service to the new 13,200 volt
distribution system,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes
the Board of Auditors to receive bids on June 21, 1972 at 2:00 P. M. pursuant to the rules of this Board
on the items of work required for Phase €V of the Primary Electrical Service Project.
The Planning and Building Committee, by Charlie J. Harrison, Jr., Chariman, moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charlie J. Harrison, Jr., Chairman
Moved by Harrison supported by Olson the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6048
By Mr. Harrison
IN RE: AUTHORIZATION TO RECEIVE BIDS ON PHASE II - RENOVATION OF SOCIAL SERVICES BUILDING
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has considered and approved items of work to be accomplished under
Phase 11 of the Social Services Building Renovation Project, and
WHEREAS your Committee recommends that the Board of Auditors be authorized to receive bids
on June 7, 1972 at 2:00 P. M. on the architectural, mechanical and electrical work required for Phase 11
of the Renovation Project;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes
the Board of Auditors to receive bids on June 7, 1972 at 2:00 P. M. pursuant to the rules of this Board
on the items of work required for Phase II of the Social Services Building Renovation Project.
The Planning and Building Committee, by Charlie J. Harrison, Jr,, Chairman, moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charlie J. Harrison, Jr., Chairman
Moved by Harrison supported by Mathews the resolution be adopted.
Mr. Gabler voted 'no'.
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. June 1, 1972 189
Misc. 6049
By MT. Harrison
IN RE: PROPOSED CHILDREN'S VILLAGE, PHASE II,LEASE AND LEASE BACK AGREEMENTS
To the Oakland Coohty Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland established a Building Authority by Resolution No. 4534, dated
February 8, 1966, and
WHEREAS it is necessary for the County of Oakland to lease to the Building Authority the land
upon which Children's Village, Phase 11, will be built, and
WHEREAS it is necessary for the County of Oakland to lease back from the Building Authority
the proposed Children's Village, Phase 11, and
WHEREAS the Building Authority has approved the Ground Lease and tease Back Agreements, and
WHEREAS your Committee has reviewed the Ground Lease and Lease Back Agreements and recommends
that they be approved by this Board and the Chairman and Clerk of this Board are hereby directed and
authorized to execute said Lease;
NOW THEREFORE BE IT RESOLVED that the County of Oakland approves the Ground Lease and the
Lease Back Agreements to be entered into with the Oakland County Building Authority and the Chairman
and Clerk of this Board are hereby directed and authorized to execute the Ground Lease and the Lease
Back Agreements on behalf of the County of Oakland. •
The Planning and Building Committee, by Charlie J. Harrison, Jr., moves the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charlie J. Harrison, Jr., Chairman
LEASE BACK AGREEMENT
THIS LEASE BACK AGREEMENT made as of the 1st day of June, 1972, by and between the OAKLAND
COUNTY BUILDING AUTHORITY, a public corporation organized and existing under the authority of Act 31,
Public Acts of Michigan 1948 (First Extra Session) as amended, hereinafter referred to as the "Authority"
and the COUNTY OF OAKLAND, a Michigan county corporation of the State of Michigan, hereinafter referred
to as: the "County".
WITNESSETH:
WHEREAS the Authority has been incorporated under and in pursuance of the provisions of Act 31,
Public. Acts of Michigan, 1948 (First Extra Session), as amended, for the purpose of acquiring, furnishing,
equipping, owning, improving, enlarging, operating and/or maintaining a building or buildings and the
necessary site or sites therefor, for the use of the County, and
WHEREAS the Authority has leased from the County pursuant to a Lease Agreement dated as of
June 1, 1972 (herein called "Ground Lease") the land, with all existing improvements thereon, situated
in the Township of Waterford,. County of Oakland, State of Michigan, described on Exhibit "A" which is
attached hereto and by this reference is made a part hereof, which land and improvements constitute
part of the Oakland County Children's Village, and
WHEREAS as partial consideration for the execution and delivery of the Ground Lease, the
Authority agreed to acquire, construct and equip new buildings and to improve existing facilities
(the acquisition, construction and equipping of new buildings and the improvement of existing facilities
therein and hereinafter referred to as the "project") and to lease the land as improved back to the
County, and
WHEREAS the total cost of the project is now estimated to be Five Million Two Hundred Thousand
Dollars ($5,200,000); and
WHEREAS the said cost is to be financed by the Authority by the issuance of Revenue Bonds
pursuant to the provisions of Act 94, Public Acts of Michigan, 1933, as amended, in the aggregate
principal sum of Five Million Two Hundred Thousand Dollars ($5,200,000); and
WHEREAS as a prerequisite to the authorization and issuance of such bonds, it is necessary
for the parties hereto to enter into a Lease-Back Agreement pursuant to which the Authority will lease
to the County and the County will hire from the Authority, the said land as improved by the project for
a period extending beyond the last maturity date of the bonds (not to exceed forty (40) years);
IT IS THEREFORE AGREED BY AND BETWEEN THE PARTIES HERETO, for and in consideration of their
mutual covenants and agreements hereinafter set forth as follows:
1. The Authority will acquire, construct and equip new buildings on the site described on
Exhibit "A" and will improve existing facilities on said site all in accordance with the plans and
specifications therefor prepared by the architects, Denyes s• Freeman Associates, Inc., of Pontiac,
Michigan, which plans and specifications have been approved by the County and identified by the initials
of the County Clerk and are incorporated herein by reference although not attached hereto.
2. In consideration of the rentals and other terms and conditions herein specified, the
Authority, does hereby let and lease to the County the said land as improved by the acquisition, con-
struction and equipping of new buildings thereon and by the improvement of existing facilities, the
said land, buildings end facilities sometimes hereinafter referred to as the "leased premises", TO
HAVE AND TO HOLD for a term commencing January 1, 1975, and ending December 31, 2011, or such lesser
period as may be authorized by the provisions of this Lease-Back Agreement, and the County agrees to
pay rental therefor, as follows:
On March 1, 1974 the County shall pay to the Authority S427,000 which amount shall be
deemed to be the rental for the period commencing on the date possession vests in the
County and ending on December 31, 1975. On March 1, 1975, and on each March 1 there-
after, the County shall pay to the Authority $427,000 as rental for the calendar year
commencing the following January 1.
It is anticipated that certain parts of the project will be completed prior to January 1,
1975, and that other parts of the project will be completed after that date. As parts of the project
are completed possession will be delivered to the County and the term of this lease shall be adjusted
as to such parts of the project. The rental payment due March 1, 1974, shall in such event be deemed
to be the rental payable for the period from the beginning of the term to and including December 31, 1975.
190
Commissioners Minutes Continued. June 1, 1972
The fixed annual rentals herein provided are hereby determined, after taking into account the
other obligations of the County as hereinafter provided, not to exceed fair and reasonable compensation
for the use of the land, buildings and facilities hereby leased to the County. Any advance rental
payments made by the County to the Authority will be credited to the County against its annual rental
payments due hereunder in inverse chronological order commencing with the rental payment due in the
year 2010.
3. The cash rental payments herein required to be made by the County are estimated to be
sufficient to provide net revenues which will enable the Authority to make, as they severally mature,
the principal and interest payments on the rev,enue bonds to be issued to finance the project and to
meet all of its other obligations as set forth in the ordinance authorizing the issuance of said bonds.
In the event that such rentals shall at any time prove insufficient for said purposes, then the Authority
is hereby authorized and required to increase the rentals to the extent necessary for said purposes, and
the County agrees to pay such increased rentals: Provided, however, that the total rental shall at all
times be fair and reasonable.
4. The County shall, at its own expense, administer, operate and maintain the said land,
buildings and facilities and keep the same in good condition and repair. Operation and maintenance
shall include, but not to the exclusion of any other items not herein specified, the providing of all
personnel, equipment and facilities, all elevator service, light, power, heat, telephone, water, sewerage,
storm drainage and other facilities, cleaning, janitor and caretaker service, and all other services of
whatever nature, as shall be necessary or expedient in the operation and maintenance of said land,
buildings and facilities. Premiums for insurance required to be carried upon or with respect to the
leased premises or the use thereof and taxes levied upon either party hereto on account of the ownership
or use thereof or the rentals or income therefrom shall likewise be deemed operation and maintenance
expenses.
5. The County shall provide, at its expense, in addition to the insurance specified in the
Ground Lease, fire and extended coverage insurance on the buildings and the equipment and furnishings
therein in an amount at least equal to the prinvipal amount of any Revenue Bonds of the Authority which
may be outstanding: Provided, however, that in case the face value of said Revenue Bonds shall be
greater than the insurable interest in said buildings, equipment and furnishings, the County shall insure
the buildings, equipment and furnishings to their full insurable value. In case of loss, the County
shall apply the proceeds of said insurance to the repair, restoration and replacement of the buildings,
equipment and furnishings to their former condition or in such other manner as may be mutually agreeable
to the County and the Authority for the purpose of making said buildings, equipment and furnishings
again usable. There shall be no abatement of the fixed rentals required to be made by the County during
the process of such reconstruction, repair or replacement.
6. The County shall provide liability insurance in the type and amount specified in the Ground
Lease protecting the Authority and the County against loss on account of damage or injury to persons or
property, imposed by reason of the existence, use or ownership of the land, buildings and facilities, or
resulting from any act of omission or commission on the part of the County or the Authority, or the
agents, officers and employees of either or both, in the course of operation, maintenance and repair
or the furnishing of any services to the County or to the public. The Authority shall require a
sufficient fidelity bond from any person handling funds of the Authority.
7. The County shall include in its budget for the calendar year 1974 and for each year there-
after, an amount sufficient to pay its total obligations under this agreement and shall each year levy
a tax in an amount which, together with other funds available for such purpose, shall be sufficient to
meet such obligations. The fixed rentals specified in this agreement shall be deemed to be a general
obligation of the County and the other expenses to be essential operating expenses of the County. Not
less than thirty (30) days before the final date for adoption of its budget For each year during the
term of this lease, the County shall prepare and submit to the Authority an itemized statement of the
amount proposed to be included in its budget to meet its obligations hereunder, and the Authority shall
review the same and make its recommendations to the County with respect to any necessary changes in
such affount. At the time of said review the cash rental for that year may be reduced, by agreement
between the Authority and the County, to an amount which exceeds by at least S5,000 the principal and
interest requirements on the revenue bonds during said year.
8. The County may install in the buildings to be occupied by it in accordance with the terms
of this agreement, such additional or special equipment, fixtures or furnishings, not included in the
plans and specifications herein approved, as it may desire, but shall not make any permanent alterations
without written consent of the Authority. The County may also make improvements to the land herein
leased to it including, but not limited to, landscaping and the construction of additional roads and
parking areas but no building shall be constructed on said land without written consent of the Authority.
9. The County covenants and agrees that it will not permit the use of the leased premises in
any manner that will violate the terms and provisions of the Ground Lease or substantially increase the
rate of insurance thereon, or for any purpose which will result in a violation of State or Federal laws,
rules or regulations, or ordinances of the Township of Waterford, now or hereafter in force or applicable
thereto, or said Ground Lease, and shall keep the Authority harmless and indemnified at all times
against any loss, cost, damage or expense by reason of any accident, loss, casualty, or damage resulting
to any person or property through any use, misuse, or nonuse of said premises, or by reason of any act
or thing done or not done on, in or about said leased premises or in relation thereto. The County further
covenants and agrees that it will, promptly and at its own expense, make and pay for any and all changes
and alterations in or about the leased premises, which, during the term of this lease, may be required
to be made at any time by reason of resolutions or ordinances of the Township of Wbterford, resolutions
or ordinances of the County of Oakland, or state or federal laws; and to save the Authority harmless and
free from all cost or damage in respect thereto.
Commissioners Minutes Continued. June 1, 1972 .191
10. To carry out the project and the financing thereof in accordance with the provisions of
Act 31, Public Acts .of tlichigan, 1948 (First Extra Session)., as amended; the following actions shall
be taken by the Authority:
(a) The Authority will, immediately upon the execution of this agreement, enact the necessary
ordinance and take other necessary legal proceedings, to authorize the issuance:of revenue.bonds in
the aggregate principal amount of Five Million Two Hundred Thousand Dollars ($5a200,000) pursuant to
the authorization contained in Act 31, Public Acts of Michigan 1948 .(FIrst Extra Session) as amended,
being an amount esthmated to be sufficient to pay the cost of the project as specified, together with
architect's fees, legal and financing expenses, and including interest payable on the bonds prior to
receipt of the first annual rental payment due 'hereunder.
(b) The Authority will, immediately upon the sale of the bonds herein provided for, or such
portion thereof deemed to be necessary by the Authority, enter into and execute a contract or contracts
for the completion of the project with the lowest responsible bidder or bidders therefor, in accordance
with their low bid therefor and in accordance with the plans and specifications therefor prepared by
Denyes & Freeman Associates, Inc., Architects', and approved by the Authority and the County. "
(c) The Authority will require and procure from the contractor or contractors undertaking the
project, necessary and proper bonds to guarantee the performance of said contracts in such amount and in
such form as may be approved by legal counsel for the Authority.
(d) The Authority will, immediately upon , receipt of the proceeds of the sale of the Revenue
Bonds, comply with all requirements provided for in the ordinance relative to the disposition and use
of such proceeds.
(e) In the event that for any reason there are not sufficient funds to complete the project
and additional funds become necessary therefor, it is agreed by the parties hereto ., that either of the
following methods of providing said additional funds.shall'be used:
1. The County may pay the necessary funds as advance rentals, and obtain credit or repayment
therefor out of future rentals due under the terms of this agreement after all outstanding revenue
bonds of the Authority are paid.
2. Increase the amount of the fixed annual rental to be paid by the County in an amount
fully sufficient to amortize any additional Revenue Bonds issued by the Authority. It shall, in any
event, be the obligation of the County within ninety (90) days after receipt of written notice of the
need for sue!) additional funds from the Authority, specifying the amount thereof, to provide said funds
as advance rentals under Option (1) above listed, or to execute a supplemental agreement for increased
rentals as specified in Option (2) in which latter event the Authority shall promptly proceed with the
issuance of additional bonds in the manner authorized by law.
(f) The Authority shall provide insurance during construction of the new buildings and of the
improvements to existing facilities to the full extent of the insurable value of the property, payable
to the Authority.
11. In the event the project, for reasons unforeseen, is not completed by the dates specified
herein, the obligation of the County for the payment of the fixed rentals shall in any event commence
as herein provided, in order to provide for the payment of interest and principal, on the Revenue Bonds
issued by the Authority.
12. The Authority, its agents, servants, or employees, shall have the right at all times of
entering upon the leased premises for the purpose of inspecting said property and determining whether
all of the terms, agreements, covenants and conditions herein contained are being complied with.
13. The County covenants and agrees that it will continue to pay to the Authority, in accordance
with the terms of this agreement the fixed rentals herein specified, and will pay the operation and
maintenance costs of the leased premises, without abatement for any cause or reason whatsoever, until
the principal and interest of all said Revenue Bonds issued by the Authority to finance the cost of the
project are paid in full.
14. The Authority and the County further covenants and agrees that they will each comply with
their respective duties and obligations under the terms of this agreement and the Ground Lease promptly
at all times and in the manner herein and therein set forth, and will not suffer to be done any act which
would in any manner impair the said Revenue Bonds and any bonds or obligations refunding the same, the
security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that
the terms of this agreement and of the Ground Lease, insofar as they pertain to the security of any such
bonds or obligations, shall be deemed to be for the benefit of the holders thereof.
15. Any notice necessary or proper to be given to the parties hereto may be served in the
following manner:
(a) If to the Authority, by delivering the same to any member of the Commission thereof.
(b) If to the County by delivering the same to the Chairman or any member of the Board of
Auditors or to the County Clerk.
16. This agreement shall remain in full force and effect until December 31, 2011, or until
such time as the said Revenue Bonds to be issued by the Authority or any refunding bonds or obligations
are paid in full. This agreement shall inure to the benefit of and be binding upon the respective
parties hereto, their successors and assigns: provided, however, that no assignment by, from, through
or under the lessee in violation of the provisions herein shall vest in the assignee any right, title
or interest whatever.
17. In the event there shall occur changes in the constitution or statutes of the State of
Michigan which shall affect the organization, territory, powers or corporate status of the County, or
if any procedures or legal proceedings shall occur which shall have such affect, the terms and pro-
visions of this Lease-Back Agreement shall be unaffected thereby insofar as ownership of the leased
premises, right of possession and use thereof and right to devote sere to payment of any outstanding
revenue bonds or other obligations of the Authority are concerned. The proceeds of any sale or other
liquidation of any interest of the County in the leased premises are hereby impressed with a first and
prior lien for payment of any outstanding revenue bonds or other obligations of the Authority which lien
may be made equal in payment and priority with a similar lien for the benefit of any bonds or other
obligations hereafter issued to finance all or part of the cost of any additions or improvements to the
said leased premises.
1.92
Commissioners Minutes Continued. June I, 1972
18: Me• provisions of this agreement requiring the county to levy taxes for the payment of
the contract obligations in anticipation of which bonds of the Authority are to be issued as herein
provided shall not become effective until the:iSstiahteHof Suth bendS.
IA WITNESS WHEREOF THE OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY
OF OAKLAND, by its' Board:of Commissioners, have each caused its name to be signed to this instrument,
andeits::seal to be affixed hereto by its duly authorized officers, the day and year first above written.
WITNESSES:: OAKLAND COUNTY BUILDING AUTHORITY
BY
.Chairman of Commission
WITNESSES:
By
Member of Commission
By ..
Member of Commission
COUNTY OF OAKLAND
By
Chairman, Beard of Commissioners
By
County Clerk
EXHIBIT A
I. That portion of the North 3/2 of Section 24, Township 3 North, Range 10 East, Waterford
Township, Oakland County, Michigan described as follows:
Beginning at a point located 1801.68 feet North and 2545.87 feet West of the East 1/4 Section
Corner of said Section 24, thence North 590091 17" West a distance 265.00 feet, thence North 30050'43"
East a distance 271.67 feet, thence south 59009 1 17" East a distance 265.00 feet, thence South 3005043"
West a distance 271.67 feet to the point of beginning. Said parcel contains 1.65 acres more or less.
2. That portion of the Northwest 1/4 of Section 24, Township 3 North, Range 10 East, Waterford
Township, Oakland County, Michigan described as follows:
Beginning at a point located 1676.58 feet North and 2943.10 feet West of the East 1/4 Section
Corner of said Section 24, thence North 41 0 12'10" West a distance 250.00 feet, thence North 48 04750"
East a distance 141.50 feet, thence South 41 012 1 10" East a distance 250.00 feet, thence South 48 04750"
West a distance 141.50 feet to the point of beginning. Said parcel contains 0.81 acres more or less.
3. That portion of the Northwest 1/4 of Section 24, Township 3 North, Range 10 East, Waterford
Township, Oakland County, Michigan described as follows:
Beginning at a point located 2360.00 feet North and 3040.00 feet West of the East 1/4 Section
corner of said Section 24, thence due West a distance 460.00 feet, thence due South a distance 140.00
feet thence due West a distance 210.00 feet, thence due North a distance 360.00 feet, thence due East
a distance 670.00 feet, thence due South a distance 220.00 feet to the point of beginning. Said parcel
contains 4.06 acres more or less.
Moved by Harrison supported by Gabler the resolution be adopted.
Discussion followed.
Moved by Houghten supported by Coy the resolution be laid on the table until the next meeting.
Discussion followed.
AYES: Patnales, Perinoff, Powell, Richardson, Simson, Wilcox, Coy, Daly, Dearborn, Gabler,
Hamlin, Horton, Houghten, Kasper. (14)
NAYS: Olson, Paholak, Pernick, Aaron, Barakat, Burley, Doyon, Harrison, Kronenberg, Lennon,
Mainland, Mathews. (12)
A sufficient majority having voted therefor, the motion carried.
Misc. 6050
By Mr. Harrison
IN RE: COUNTY HOSPITAL EXPANSION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Board has, for several years, considered the necessity for and desirability of
expanding the County Hospital facility to provide for long-term care and sub-acute hospital cases of the
needy sick residents of Oakland County, and
WHEREAS the present facility is inadequate both as to size and to conformity with State
hospital standards, and
WHEREAS the State has set a deadline of June 1, 1972 for the County to show that the required
improvements will be made or the County must face the alternative of not having its hospital license
renewed, and
WHEREAS your Committee has considered various plans for expanding and upgrading the present
facility and recommends approval of Alternate #1 as the most economical to meet the needs of the
Oakland County Hospital, which plan calls for a 210 bed expansion to be added to the present 80 bed
wing to provide:
Commissioners Minutes Continued. June 1, 1972 193
30 beds for tuberculosis patients, 50 beds for general medical patients, 70 beds for long-term
skilled-nursing patients, 30 beds for long-term, basic-nursing patients, 50 beds for mental patients,
30 beds for alcoholism patients, 30 beds for drug abuse patients, at an estimated cost of $5,400,000; and
WHEREAS there is a possibility that prior to the start of construction, Pontiac State Hospital
will be able to accept Oakland County mental patients immediately, thus eliminating the necessity to
provide 50 beds for short-term mental patient care and reducing the total number of beds needed to 240;and
WHEREAS your Committee recommends that the cost, estimated at $5,400,000, be financed through
the Building Authority;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners go on record as
approving Alternate #1 for the improvement and expansion of the Oakland County Hospital facility to
provide 210 new beds For a total of 290 beds (or 240 beds if Pontiac State Hospital becomes able to
immediately accept Oakland County mental patients).
BE IT FURTHER RESOLVED that the cost of Alternate #1, presently estimated at $5,400,000 be
financed through the Building Authority.
The Planning and Building Committee, by Charlie J. Harrison, Jr., moves that the foregoing
resolution be adopted.
PLANNING AND BUILDING COMMITTEE
Charlie J. Harrison, Jr., Chairman
Moved by Harrison supported by Lennon the resolution be referred to the Finance Committee.
Discussion followed.
Moved by Houghten supported by Kasper the motion be amended to refer the resolution to the
Health Committee.
Discussion followed, [
Mr. Olson moved the previous question. Seconded by Mr. Daly.
The Chairman stated that those in favor of calling the question, say 'yes' and those opposed
say 4 no'.
The vote was as follows:
AYES: Paholak, Perinoff, Pernick, Powell, Richardson, Simson, Aaron, Barakat, Burley. Daly,
Doyon, Harrison, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson. (18)
NAYS: Patnales, Wilcox, Coy, Dearborn, Gabler, Hamlin, Horton, Houghten. (8)
A sufficient majority having voted therefor, the Chairman called for a vote on the amendment.
AYES: Patnales, Powell, Richardson, Wilcox, Coy, Dearborn, Gabler, Hamlin, Horton, Houghten,
Kasper, (11)
NAYS: Perinoff, Pernick, Simson, Aaron, Barakat, Burley, Daly, Doyon, Harrison, Kronenberg,
Lennon, Mainland, Mathews, Olson, Paholak. (15)
A sufficient majority not having voted therefor, the motion lost.
Discussion followed.
Moved by Gabler supported by Burley the motion be amended to refer the resolution to a joint
meeting of the Finance and Health Committees.
A sufficient majority having voted therefor, the motion carried.
Vote on motion, as amended:
A sufficient majority having Voted therefor, the .motiOn -carried.
Misc. 6051
By Mr-. Aaron
IN RE: NAME CHANGE FOR THE OAKLAND COUNTY LAW ENFORCEMENT AND CRIMINAL JUSTICE PLANNING COUNCIL
To the Oakland County Board of Commissioners
• Mr, Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland presently has a Law Enforcement and Criminal Justice Planning
Council, and
WHEREAS the State of Michigan, Office of Criminal Justice Programs, coordinates all regional
and local Law Enforcement Asskance Agency planning, and
WHEREAS Wayne and Macomb Counties have established units known as Coordinating Councils instead
Of Planning Councils, and
WHEREAS your Committee recommends that the name of the Oakland County Law Enforcement and
Criminal Justice Planning Council be changed to the Oakland County Criminal Justice Coordinating Council
to be compatible with the surrounding County Councils and the overall state structure;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes
the. name. change of the Oakland County Law Enforcement and Criminal Justice Planning Council to be known
as the Oakland County Crireinal Justice Coordireting Council.
The Public Protection and Judiciary Committee, by DenniS M. Aaron, Chairman, moves the adoption
Of the foregoing resolution,
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
194
Commissioners Minutes Continued. June 1, 1972
Moved by Aaron supported by Gabler the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6052
By Mr. Aaron
IN RE: CONTINUATION OF LEAA GRANT FOR "YOUTH LEGAL EDUCATION"
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland received a Federal Grant for the establishment of a "Youth Legal
Education" program for one year, and
WHEREAS the one-year program will terminate on September 30, 1972, and
WHEREAS there is available additional Federal funds to finance the "Youth Legal Education"
program for one additional year;
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to make and execute the necessary applications for Federal Grant Funds
that may be available for a "Youth Legal Education" program.
The Public Protection and Judiciary Committee, by Mr. Dennis M. Aaron, Chairman, moves the
adoption of the foregoing resolution.
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Moved by Aaron supported by Gabler the resolution be adopted.
Mrs. Simson voted 'no'.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6053
By Mr. Aaron
IN RE. LEAA GRANT FOR "CONSUMER FRAUD UNIT"
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Federal Funds may be available for a "Consumer Fraud Unit"; and
WHEREAS the County of Oakland should apply for the available Federal Funds, and
WHEREAS a Grant Application must be filed with the Office of Criminal Justice Programs, Lansing,
Michigan,
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to execute the necessary application for any Federal Funds that may be
available for a "Consumer Fraud Unit",
The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the adoption
of the foregoing resolution.
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Moved by Aaron supported by Perinoff the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6054
By Mr. Aaron
IN RE: CONTINUATION OF LEAA GRANT FOR "RECIDIVIST PROGRAM"
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland received a Federal Grant for the establishment of a "Recidivist
Program" for one year, and
WHEREAS the one-year program will terminate on June 30, 1972, and
WHEREAS there is available additional Federal Funds to finance the "Recidivist Program" for
one additional year,
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to make and execute the necessary applications for Federal Grant Funds
that may be available for the "Recidivist Program'''.
The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the
adoption of the foregoing resolution.
PUBLIC PROTECTION AND,JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Moved by Aaron supported by Mathews the resojution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. June 1, 1972 195
Misc. 6055
By Mr. Aaron
IN RE: CONTINUATION OF LEAA GRANT FOR "'VOLUNTEER CASE AIDE PROGRAM"
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland received a Federal Grant for the establishment of a "Volunteer
Case Aide PrograM" for one year, and
WHEREAS the one-year program will terminate on June 30, 1972, and
WHEREAS there is available additional Federal Funds to finance the "Volunteer Case Aide
Program" for one:additional year;
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to make and execute the necessary applications for Federal Grant Funds
that may be available for the "Volunteer Case Aide Program".
The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the
adoption of the foregoing resolution.
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Moved by Aaron supported by Kronenberg the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6056
By Mr. Aaron
IN RE: LEAA GRANT FOR "JUVENILE DELINQUENCY PROGRAM PLANNING"
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Federal Funds may be available for "Juvenile Delinquency Program Planning", and •
WHEREAS the County of Oakland should apply for the available Federal Funds, and
WHEREAS a Grant Application must be filed with the Office of Criminal Justice Programs,
Lansing, Michigan,
NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners
be and he is hereby authorized to execute the necessary application for any Federal Funds that may
be available for "Juvenile Delinquency Program Planning".
The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the
adoption of the foregoing resolution.
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Moved by Aaron supported by Harrison the resolution be.adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 6057
By Mrs. Simson
IN RE: CITIZEN ADVOCACY MONTH
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Pontiac, Michigan is the home of the Oakland County Association for Retarded Children
in the Pon-Tel Center at 254 South Telegraph Road, and
WHEREAS the Oakland County Association for Retarded Children membership comprises the largest
organization of its kind in Michigan, and
WHEREAS the membership provides valuable information for parents and relatives of the retarded
in our community, and
WHEREAS the retarded throughout Oakland County benefit from and enjoy such events as the
Special Olympics, the Oakland County Association for Retarded Children Dinner Dance, and
WHEREAS many celebrities, civic-minded persons, and friends of the retarded work on a volunteer
basis to meet the needs of the retarded, and
WHEREAS Citizen Advocacy is a new program - the first of its kind in Michigan - and has its
roots in our area,
NOW THEREFORE BE IT RESOLVED that the Month of June be declared Citizen Advocacy Month and
that we, the Oakland County Board of Commissioners, do hereby urge all concerned and responsible
citizens to take part in Citizen Advocacy by serving as a friend on a one-to-one basis with a retarded
person in our midst so they might yet achieve another step toward full respect and citizenship.
Mr. Chairman I move that the rules be suspended for the purpose of immediate adoption of
the foregoing resolution.
Marguerite Simson
County Commissioner, District #20
Moved by Simson supported by Harrison the rules be suspended for immediate consideration of
the resolution.
A sufficient majority having voted therefor, the motion carried.
Moved by SiMsen supported by Harrison the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
196
Commissioners Minutes Continued. June 1, 1972
Misc. 6058
By Mr. Harrison
IN RE: COMPLIMENTARY PASSES TO COUNTY-OWNED GOLF COURSES FOR RETIRED COUNTY EMPLOYEES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS a precedent has been established in Royal Oak, Birmingham and Pontiac, who operate
Municipal Golf Courses, and
WHEREAS on these courses, retired former employees of these municipalities can play without
fees if they te8 off before noon on week days, provided they do not interfere with league play, and
WHEREAS many of our County retired employees activities may be restricted because of a
reduced level of income,
NOW THEREFORE BE IT RESOLVED that the Oakland County retired employees be given complimentary
passes for use at the County-owned golf courses and that this recommendation be forwarded to the
Oakland County Parks and Recreation Commission for consideration and immediate implementation.
Charlie J. Harrison, Jr.
County Commissioner, District #21
Moved by Harrison supported by Barakat the resolution be referred to the Local and Regional
Affairs Committee.
Discussion followed.
Moved by Horton supported by Gabler the rules be suspended for immediate consideration of
the resolution,
AYES, Perinoff, Pernick, Simson, Barakat, Burley, Daly, Doyon, Gabler -, Harrison, Horton,
Lennon, Mathews, Paholak. (13)
NAYS: Powell, Richardson, Wilcox, Aaron, Coy, Kasper, Kronenberg, Patnales. (8)
Eighteen votes not having been cast in favor of suspending the rules, the motion lost.
The Chairman referred the resolution to the Local and Regional Affairs Committee. There
were no objections.
Moved by Horton supported by Gabler the Board adjourn until June 15, 1.972 at 9:30 A. M.
A sufficient majority having voted therefor, the motion carried.
The Board adjourned at 12:30 P. M.
Lynn D. Allen • Lawrence R. Pernick
Clerk Chairman