HomeMy WebLinkAboutMinutes - 1971.05.20 - 7588147
OAKLAND COUNTY
ord Of Commissioners
MEETING
May 20, 1971
Meeting called to order by Chairman William M. Richards at 10:C1 A.M. in the Court House
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Invocation given by Wallace F. Gabler, Jr.
Roil calh
PRE SENT:
Harrison, Hortor,
Powell, Richard,
ABSENT: N r
or Barakat, Bawden, Brennan, Our Coy, Daly, Edwards, Gabler, Hamlin,
h •n, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick,
Simson, Szabo, Wilcox; (27)
,0 )
Quorum present.
Moved by Burley supported by Daly the minutes of the previous meeting be approved as printed.
A sufficient majority having voted therefor, the motion carried.
Clerk read cards of thanks from Patrick K. Daly and Ruth Wagner. (Placed on file.)
Clerk read resolution from the City of Troy requesting that the Board of Conmissionets oppose
the proposal by SEMCOG to gain additional funding. (Referred to Local and Regional Affairs Committee.)
Clerk presented a report from the Board of Wayne County Road Commissioners on the Huron Valley
Wastewater Control System, (Received and placed on file.)
Ml5C. 5704
By Mr. Mathews
IN RE: COMmE,i•iTION OF JESSIE RAMIREZ STUDENT AT JEFFERSON JUNIOR HIGH SCHOOL, PONTIAC
To the Oei 1, County Board of Cormissioners
Mr. Chairman. Ladies and Gentlemen:
Wht1LAS Jessie Ramirez, a 15-year old, 9th grade, Mexican-American student at Jefferson Junior
High School, displayed his skill in the field of art by winning first place in the statewide poster
contest en water satety, and
WHEREAS Jessie's poster entitled, "BoaLing Is Not For Clowns' won second place in the county
competition and went on to take first place in the state; and
WHEREAS the poster won over several thousand which were submitted with over two hundred
entries from Oakland County alone; and
WHEREAS the certificate of award was presented by Governor Milliken in Lansing on May li,
WHEREAS the poster will be reproduced and distributed statewide as the official poster on
boating safety;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Conmissioners extends its
congratulations to, and commends Jessie Ramirez for the interest he has demonstrated in the important
field of water safety and encourages bin to continue to display his stills in this field which combines
art and public interest; and
BE IT FURTHER RESOLVED that the Oakland Counts/ Board oi Commissioners recognizes in-
Ramirez as a model For the youth of Oakland County,
Mr. Chairman, we move the adoption of the foregoing resolution.
James Mathews, County Commissioner, District 5f19
Charlie J. Harrison, Jr., County Commissioner,
District '/7-21
The resolution was unanimously adopted.
Misc. 5705
By Mr. Patnales
"d PE PESOLUTION COMMEMORATING THE GOLDEN JUBILEE OF THE CITY OF ROYAL OAK
w.Luc uakidnd County Board of Commissioners
Mr Chairman, Ladies and Gentlemen:
WHEREAS the City of Royal Oak has proclaimed the month of May, 1971, as Royal Oak Jubilee
Month celebrating its Fiftieth year as a city; and
WHEREAS Royal Oak, first recognized as a community in 1819 when Governor Lewis Cass visited
the area to find steadily increasing numbers of pioneers settling therein: then initiated legislation
to designate a wagon road from Detroit, Legend has it that on rising one morning under a tree at what
is now Main and Rochester, he exclaimed, "This is truly a royal oak," thereby naming the townsite later
to become a city; and
WHEREAS Royal Oak thus began 152 years ago with the first and entry on June 23, 1819. The
and and
148
Commissioners Minutes Continued. May 20, 1971
community was incorporated as a village on March 18, 1891 and incorporated as a city on November 8, 1921,
50 years ago; and
WHEREAS the population in 1921 was 6,007, today Royal Oak is the largest city in Oakland
County with a population of 86,000 and known throughout the State and Nation as a progressive, industrious
city in which the enlightened citizens can enjoy life in pleasant surroundings and where the citizens'
enjoyment of the benefits of a modern industrialized society is marked by the individual's recognition
of his duty to his neighborhood and his community; and
WHEREAS the demonstrated desire and ability of Royal Oak citizens to improve their community
was given national recognition in 1968 when Royal Oak was selected by Look magazine as the All American
City, based upon the proven effectiveness of Royal Oak's probation program; and
WHEREAS this and other community projects stand as a tribute to the ingenuity and character
of the citizens of Royal Oak;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners congratulates the
citizens of Royal Oak on their Golden Jubilee in recognition of their outstanding contributions during
the past fifty years in making Royal Oak the City of which not only its citizens but all the citizens
of Michigan can be justifiably proud;
BE IT FURTHER RESOLVED that copies of this tribute be presented to the City of Royal Oak in
testimony of the high regard held for its accomplishments by the Oakland County Board of Commissioners.
Mr. Chairman, I move the adoption of the foregoing resolution.
William M. Richards, Chairman, Oakland County Board
of Commissioners
Harry W. Horton, Robert F. Patnales,
Wallace F. Gabler, Jr.
Moved by Patnales supported by Gabler the rules be suspended for immediate consideration of
the resolution.
A sufficient majority having voted therefor, the motion carried.
Moved by Patnales supported by Gabler the resolution be adopted.
The resolution was unanimously adopted.
Misc.-5706 -
By Mr. Barakat
IN RE: COMMENDATION - JOHN H. SCHOENHALS SERVICE TO MADISON DISTRICT SCHOOLS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The retirement of Mr. John H. Schoenhals, in June of 1971, will conclude forty-four years of
teaching and administration in the Michigan Public School Sector. Mr, Schoenhals' career encompassed
many facets from teaching in a one-room school building to becoming principal of the Vandenberg
Elementary School.
He received his Bachelor of Science degree from Michigan State Normal College in 1936 and
his Masters degree from Eastern Michigan University in 1962.
John Schoenhals started his teaching career as rural classroom teacher at Arlington in
September 1927. His rural school teaching experience of seven years was with the Arlington, Waverly
and Pittsfield Schools. In 1937 his teaching brought him to the junior high school in Riverside. The
years of 1938 through 1943 John was a math and science teacher in the junior and senior high schools of
Chestonia and Dallas. January 1944 he was appointed principal of the Koss Elementary School, Royal Oak
Township flO, later renamed Arthur H. Vandenberg Elementary School. Upon his retirement he will have
served in that capacity for twenty-seven and one-half years,
Mr. Schoenhals resides with his wife, Margaret, at 661 Creston, Troy, They have two children;
a son, Roger Schoenhals, who lives in Clawson, Michigan and a daughter, Mrs. Janet Casorina, of Birmingham,
Michigan, In addition to his dedication of time and effort to the Madison District Schools,
Mr. Schoenhals is an active member of the Madison Heights Exchange Club, the Vandenberg PTA and other
school related functions involving parents, students and teachers of the Vandenberg School.
THEREFORE, BE IT RESOLVED that the Oakland County Board of Commissioners herewith expresses
commendation to John Schoenhals for his service to Madison District Schools and joins the community in
wishing John an enjoyable and fulfilling retirement.
Mr. Chairman, we move the adoption of the foregoing resolution.
William M. Richards, Chairman, Oakland County Board
of Commissioners
Joseph L. Barakat, County Commissioner, District 7/5
Moved by Barakat supported by Lennon the resolution be adopted.
The resolution was unanimously adopted.
Misc. 5/07
By Mn, Barakat
IN RE: COMMENDATION - BERNEY GONZALES WORLD GRECO-ROMAN WRESTLING CHAMPION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Berney Gonzales, age 17, a Madison Heights, Oakland County resident, achieved high
honor and international supremacy when he won the 1971 Junior World Greco-Roman Wrestling Championship
in Tokyo, Japan on May 5, 1971; and
Commissioners Minutes Continued. May 20, 1971 149
WHEREAS Berney Gonzales is the first American to capture a world Greco-Roman wrestling
championship because of diligent training and unaltering belief that such a goal could be achieved
as part of the American tradition; and
WHEREAS Berney Gonzales's achievement will serve as an inspiration to all the youth cf. the
community in their pursuit of meaningful endeavors;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith expressos
wholeheartedly their appreciation and commendation to Berney Gonzales for his attainment of the 1971
Junior World Greco-Roman Wrestling Championship and extends best wishes fcr his continued success.
Mr. Chairman, I move the adoption of the foregoing resolution.
William M. Richards, Chairman, Oakland County Board
of Commissioners
Joseph L. Barakat, County Commissioner, District g5
Moved by Barakat .supported by Olson the resolution be adopted.
The resolution was unanimously adopted.
Misc. 5708
Recommended by the Board of Public Works
RE: BINGHAM FARMS SEWAGE DISPOSAL SYSTEM
Mr. Lennon presented the following resolution, a copy of which has been sent to each member
of the Board of Commissioners.
RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO BINGHAM FARMS SEWAGE
DISPOSAL SYSTEM
WHEREAS the Oakland County Board of Commissioners by resolution, Miscellaneous No. 5315
adopted on March 19, 1970, established the Bingham Farms Sewage Disposal System to serve all of the
area in the Village of Bingham Farms designated as the Bingham Farms Sewage Disposal District and
directed the Oakland County Board of Public Works to submit a Contract with the Village of Bingham
Farms in respect to the construction, operation and financing of said system; and
WHEREAS the Board of Public Works has submitted to this Board plans and specifications and
an estimate of cost and Cr, estimate of the period of usefulness of the Bingham Farms Sewage Disposal
System, prepared by Gifts-Is--Webster Engineers, Inc., registered professional enyineers, both of which
have been approved by the Board of Public Works; and
WHEREAS the Oakland County Board of Public Worksehas.aeproved a .form of Contract. to be dated...
as of April 1, 1971, between the County of Oakland and the Village of Bingham Farms providing for the
construction, operation and financing of the Bingham Farms Sewage Disposal System and did authorize the
Chairman and Secretary of the Board of Public Works to execute. said Contract subject to the approval of
this Board of Commissioners; and
WHEREAS the Village of Bingham Farms constitutes the only party needed to contract with the
County for 100% of the cost of the project;
NOW THEREFORE BE IT RESOLVED that the said plans and specifications, estimate of cost and
estimate of period of u5efulness he approved and the County Clerk is hereby authorized to endorse on
said plans and specifications and estimates the fact of such approval and return same to the Board of
Public Works;
BE IT FURTHER RESOLVED that the Chairman and Secretary of the Board of Public Works be and
they are hereby authorized and directed to execute and deliver on behalf of said County or Oakland, .a
Contract to be dated as of April 1, 1971, between the County of Oakland and the Village of Bingham
Farms, which reads as follows:
BINGHAM FARMS SEWAGE DISPOSAL SYSTEM CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of April, 1971, by and between the
COUNTY OF OAKLAND, a Michigan county corporation (hereinafter referred to as the "county"), party of
the first part and the VILLAGE OF BINGHAM FARMS, being a village corporation located in the County of
Oakland, Michigan (hereinafter referred to as the "municipality"), party of the second part;
WITNESSET H:
WHEREAS it is immediately necessary and imperative for the public health and welfare of the
present and future residents of the above municipality that adequate and proper sewage disposal
facilitie5 be acquired and constructed to serve the part thereof lying within the district hereinafter
described; 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
(hereinafter sometimes referred to as the "board"), 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. 5315 adopted
March 19, 1970, established the Bingham Farms Sewage Disposal District to be served by the Bingham
Farms Sewage Disposal System (herein called the "System"), which System is to consist of a storm sewer
to be dischared into the Franklin River, a branch of the Rouge River, all substantially as described
on "Exhibit A-1" attached hereto and by this reference made a part hereof; and
WHEREAS said act authorizes a county to acquire sewage disposal 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 sewage disposal system and
for the payment of the cost thereof by the municipality with interest, over a period not exceeding
forty (4o) 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 primarily by the full faith
and credit contractual obligation of the municipality, and secondarily by the full faith and credit
pledge of the county; and
150
Commissioners Minutes Continued. May 20, 1971
WHEREAS said act provides, in the opinion of the municipality and the county, the fairest
and most equitable means of acquiring the sewage disposal 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 obtained plans and specifications of the facilities
and service areas of the System, as outlined on "Exhibit A-1", as prepared by Giffels-Webster Engineers,
Inc., consulting engineers, (hereinafter sometimes referred tc as the "Engineers"), and has obtained
an estimate of cost as shown on "Exhibit 0-1"; and
WHEREAS in order to issue such bonds, it is necessary that the county and said municipality
enter into such a contract; and
WHEREAS it is also necessary for the county and said municipality to contract relative to
the operation and maintenance of said sewage disposal system and the use thereof to serve residents 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 for the Village
of Bingham Farms and the County of Oakland, under the provisions of Act 185, Public Acts of Michigan,
1957, as amended, which is to dispose of storm water originating in the area which has been designated
by the County Board of Commissioners as the BINGHAM FARMS SEWAGE DISPOSAL DISTRICT (hereinafter some-
times referred to as the "District"),
2. The sewage disposal system referred to in paragraph 1 above has been designated by the
County Board of Commissioners as the BINGHAM FARMS SEWAGE DISPOSAL SYSTEM and shall consist of a storm
sewer discharging into the Franklin River substantially as indicated on "Exhibit A-1" attached hereto.
3. The county and the municipality hereby approve the estimate of cost of the System
consisting of the items set forth in "Exhibit B-I" attached hereto, and the estimate of 50 years and
upwards as the period of usefulness thereof and the plans and specifications, all as prepared by the
Engineers. Said sewage disposal facilities are hereby 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) Submit to the Board of Commissioners of Oakland County a resolution, duly approved
and recommended by the board, providing for the issuance of bonds in the aggregate principal amount of
the present estimated cost of the project 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 not te exceed thirty -(30) years, which bonds
will be secured primarily by the payments hereinafter provided to be made by the municipality, to the
making of which payments its full faith and credit is hereby pledged, and secondarily, if 3/5ths of the
members elect of the Board of Commissioners so vote, by the full faith and credit pledge of the county.
(b) After the Board of Commissioners of Oakland County has adopted the bond resolution,
the board will take all necessary procedures to obtain the approvals of the Municipal Finance Commission
of the State of Michigan necessary to the issuance of the bonds by the county, obtain construction bids
for the project, and enter into construction contracts with the lowest responsible bidders, and sell
and deliver the bonds in manner authorized by law, and construct the project.
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 agreement be-
tween the board and the municipality. The responsibility of serving the individual users connected to
the System shall be that of the municipality which shall cause to be constructed and maintained any
other facilities necessary for such purpose and shall bill and collect all charges in connection there-
with. The county shall not be obligated by this agreement to serve any area outside the District as
described in paragraph 1 hereof, or to construct any facilities other than those designated in paragraph
2 hereof.
6. The municipality shall pay to the county the entire cost of the facilities of the System.
The term "cost" as used herein shall be construed to include all items of cost of the type set forth
in "Exhibit B-1" attached hereto and any other items of cost of a similar nature as may be set forth
in any revision of "Exhibit B-1" 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 on the full faith and credit of the municipality or the
county. In the event all or any part of the territory of the municipality in the area to be served by
the System is incorporated as a new city or is annexed to or becomes a pal/ 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 capacity in the
System of the municipality from which such territory is taken, based upon a division determined by the
board, which shall make such determination after taking into consideration all factors necessary to
make the division equitable, and in addition shall, prior to such determination, receive a written
recommendation as to the proper division from a committee composed of one representative designated by
the governing body of the municipality from which the territory is taken, one designated by the
governing body of the new municipality or the municipality annexing such territory, and one independent
registered engineer appointed by the board. Each municipality shall appoint its representative within
fifteen (15) days after being notified to do so by the board and within a like time the board shall
appoint the engineer third member. If any municipality shall fail to appoint its representative within
the time above provided, then the board may proceed without said recommendation. If the committee shall
not make its recommendation within forty-five (45) days after its appointment or within any extension
thereof by the board, then the board may proceed without such recommendation. In the consideration of
the matters herein provided, including the designation of the third member of the committee, any member
of the board who is also an official of either affected municipality shall be disqualified to act or
vote.
Commissioners Minutes Continued. May 20, 1°71 151
y tile municipality based upon the estimated
nea hereto as "Exhibit C-1" and by this
eae. of any bonds by tee county to finance the
y, by written etsia. eication addressed to its
.e schedule of pe/..aats. of the principal of
lees and financing -..areas with respect thereto,
e.d hv said municipality. Said municipality
prior to the due date of any principal of
fte.ds : meet saij payments in full and
sd shall be applicable to all
at, •.;- herein •Se ..i.s•d, whether issued at
nfents th,,, cost of
o jr,ss shall
e of
ty shall
in addition
7. A schedule of principal pin
costof the project and the dates of such r
reference made a part hereof. lmmed . •t
cost of the project, the board shell
treasurer, of any revisions in said C-.•
and interest on the county bonds, and of the payine
and the amount of such payments, fees and chfirges
hereby covenants and agre -s, aot less than thirty C'
or interest on o :tmh t., rvisit
said fees and cf ees ae.eis:Als theretc,
bonds issued by the eaur - ; tn. , -stria:
one time or more ..ead one t:.,. It
the project. If the munic:
be received by grant or °tram,
bonds, then the obligation
fail to make any of such peiree
to interest of ornahalf of aema dt 01'4. c'
remains unpaid ait, - the due The municit,
an annual install -.It :tie the by stir(
payments to be mt .- under rca ••••:.1-act, of A
with all future due interest coons att
8. in the event that the muni:
times specified, the amounts herein requi
both the County Treasurer of the County -
default and the amount thereof, and if such i
notification, the county treasurer or other aeunty official a;airged with disbursement to such
municipality of funds derived from the a,tate sales tax levy under the provisions or Act 167, Public Acts
of Michigan, 1933, as amended, and returnable to such municipality pursuant to the Michigan Constitution
or of any other funds, is by these pres-• •-s specifically authorized by the municipality to withhold
sufficient funds derived from such stir:. -,r,A levy (but not in excess in any one year of 251, of the
amount of default) or other funds and rett -nable to the municipality in default, and to pay said sums
so withh Id to the board to anCy on the 0 -ligation of the defaulting municipality as herein set forth,
Any such moneys so withheld are paid shall be considered to have been returned to the municipality
within te meaning of the V:chia Cone-i , the e. fhis,e of this provision being solely to
voluntb -ity authorize the te,e of such ;tea; r- ptst duo cblieations of the municipality to which
said monees are owed. In addition to the forss.up , tlie board shall have all other rights and remedies
provided by law to enforce the obligation of tl 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 arc 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 hoard promptly and at the times herein specified
so long as this contract remains in effect and operation, without regard as to whether the project
herein contemplated is actually completed or placed in operation.
9. After completion of the project and payment ot ail costs thereof, any surplus remaining
from the sale of the bonds thereror shall be used to purchase such bonds on the open market and in such
event the contract obligation of the municipality in respect to the project shall be reduced by the
principal amount of bonds so purchased, said reduction to be applied as to year, in accordance with the
year of the maturity of the bonds so purchased. Any bonds so purchased shall be cancelled. In the
alternative, the surplus funds may be used to improve, enlarge and extend the System on the approval by
resolution of the legislative body of the municipality and of the board of commissioners of the county.
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 the 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 parasraph 7 of this contract, shall be based upon the
cost of the project. 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,
11. The municipality, pursuant to the authorization of paragraph (2), Section 12 of Act 185,
Public Acts of 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
1971, levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections
will be sufficient to pay its obiigations 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.
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 shall be issued under the authorization provided in paragraph (1), 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 as shown on
"Exhibit A-1" and hereby grants to the county the right to use the streets, alleys and public places
located in the village for the purpose of constructing the project therein. Upon completion of said
System the county does hereby lease the same to the municipality to operate and maintain the same upon
e i -;eipei of the bonds
.st cost, or any portion tn:..r.-
est of the project, prior to
I be adiusted accordingly. IF thn.
ddaof shall be subject to a p• e
--nth or fraction thereof that the same
a-Hence of maturity all or any part of
x bands issued in anticipation of
-a eaturing in the same calendar year
ac-'c-to.
ty shall fail • -ay reason to pay to the board at the
, be paid, the boarn shall immediately notify, in writing
fad and Cc_•_ e •-saninc body of the municipality of such
raelt is not ca. •aected within ten (10) days after such
19,90.00
$285,000.00
GIFFELS-WEBSTER ENGINEERS, INC.
By:
Franklin D. Webster, P.E.
152
Commissioners Minutes Continued. May 20, 1971
the following terms and conditions:
(a) The System shall be used only to serve the area in the District.
(b) The municipality shall maintain said System in good condition.
(c) The municipality and the county shall not permit the discharge into said System of
any sanitary sewage.
(d) The municipality shall appropriate in each year of the System such suns as shall be
sufficient at least to pay the cost of operating and maintaining the System, and to establish a fund
for replacements, improvements, and major maintenance of the System. In addition, the municipality
may make and collect such special assessments to individual users as shall be deemed desirable to help
to pay the operating costs of the municipality and to provide such other funds for sewage disposal
purposes as are deemed desirable. The municipality shall enforce prompt payment of all such assessments
as the same shall become due. The municipality hereby accepts the lease of the System upon the terms
and conditions herein set forth.
14. The county and the municipality each recognize that the holders from Lime to time of the
bonds issued by the county under the provisions of said Act 185, Public Acts cf 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 there-
fore covenanted and agreed by each of them that so long as any of said bonds shall remain outstanding
and unpaid, the provisions of this contract shall not be subject to any alteration or revision which
would in any manner 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 as 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, 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 BINGHAM FARMS COUNTY OF OAKLAND
By By Its Board of Public Works
President By
By Chairman
Village Clerk By
Secretary
ESTIMATE OF PROJECT COST BINGHAM FARMS SEWAGE DISPOSAL SYSTEM (Storm Sewer) March 1971
Description Quantity Unit Price Item Cost
53 x 83-inch Sewer 169 L.F. (1) 72.00 $ 12,168.00
66-inch Sewer 810 L.F. (z.) 70.00 = 56,700.00
60-inch Sewer 425 L.F. 56.00 = 23,800.00
54-inch Sewer 166 L. F. 42.00 = 6,972.00
48-inch Sewer 324 L.F. 38.00 = 12,312.00
42-inch Sewer 930 L. F. fJ 30.00 = 27,900.00
36-inch Sewer 617 L.F. 24.00 14,808.00
30-inch Sewer 35 L.F. 30.00 = 1,050.00
27-inch Sewer 877 L.F. E)9 26.00 = 22,802.00
21-inch Sewer 390 L.F. 18.00 7,020.00
Manholes 19 Ea. (9) 900.00 = 17,100.00
30-inch End Inlets 2 Ea. ft 300.00 = 600.00
Catch Basin and Lead 2 Ea. 450,00 900.00
Franklin River Outlet 1 Ea. ft 3,600.00 = 3,600.00
Construction Sub-Total $ 207,732.00
Construction $207,732.00
Engineering ................... 19,402.17
Inspection 6,231.96
Administration ................ 5,193.30
Soil Borings 800.00
Easement Acquisition 3,000.00
Legal 2,014.66
Financial . ..... ............... 1,631.38
Contingency 19,044.53
Apportioned cost of Capitalized Interest
on $725,000.00 Bond Issue 12 Monti-15 @1.0%
Total Project Cost
I hereby e s timate the period of usefulness to be
Fifty (50) years and upwards,
EXHIBIT B-1
THIRTEEN MILE f?040 . !
I L—S4GER cr
!
i
ORITNER cr DISTRICT LIMITS
I
i
ll
SCALE: Cr 600'
/STOL C
FRAN/a/N RfVER-
--.
'
EXHIB T "A 1 "
E3IGAM FARIVIS SEWAGE DISPOSAL SYSTEM
Mn 1971
May 1970
Commissioners Minutes Continued. May 20, 1971 153
BINGHAM FARMS SEWAGE DISPOSAL SYSTEM (Storm Sewer) SCHEDULE OF ANNUAL PRINCIPAL MATURITIES
YEAR PRINCIPAL MATURITIES - MAY 1
1971 -0-
• 1972 $ 25,000
1973 25,000
1974 25,000
1975 30,000
1976 30,000
1977 30,000
1978 30,000
1979 30,000
1980 30,000
1981 30,000
Total $ 285,000
EXHIBIT C-1
BE IT FURTHER RESOLVED, that the officers of the Board of Public Works are authorized to
execute and deliver such number of original copies of said Contract as they may deem advisable.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
Mr. Lennon moved the adoption of the foregoing resolution, which motion was supported by
Mrs. Simson.
On roll call, the resolution was adopted by the following vote:
YEAS: Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon,
Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo,
Wilcox, Aaron, Barakat, Bawden, Brennan, Burley. (27)
NAYS: None. (0)
ABSENT: None. (0)
Misc. 5709
Recommended by the Board of Public Works
RE: BINGHAM FARMS EXTENSION NO. 1
Mr. Lennon presented the following resolution, a copy of which has been sent to each member of
the Efoard -of Commissioners.
RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO EVERGREEN SEWAGE DISPOSAL
SYSTEM - BINGHAM FARMS EXTENSION NO. 1
WHEREAS the Board of Public Works has submitted to this Board construction plans and
specifications for the Evergreen Sewage Disposal System - Bingham Farms Extension No. I and estimates
of cost and period of usefulness thereof, prepared by Giffels-Webster Engineers, Inc., registered
professional engineers, all of which have been approved by the Board of Public Works; and
WHEREAS the Oakland County Board of Public Works has approved a form of agreement to be dated
April 1, 1971, between the County of Oakland, the Village of Bingham Farms and Village of Franklin for
the extension of the Evergreen Sewage Disposal System to be known as the Bingham Farms Extension No. 1
and did authorize the Chairman and Secretary of the Board of Public Works to execute said Agreement
subject to the approval of this Board of Commissioners; and
WHEREAS the above mentioned municipalities constitute all of the parties needed to contract
with the County for 1007 of the cost of the project; and
WHEREAS the said Agreement is being executed by the said municipalities;
NOW THEREFORE BE IT RESOLVED that the said construction plans and specifications and estimates
of cost and period of usefulness be approved and the County Clerk is hereby authorized to endorse on
said plans and specifications and estimates the fact of such approval and return same to the Board of
Public Works.
BE IT FURTHER RESOLVED that the Chairman and Secretary of the Board of Public Works be and
they are hereby authorized and directed to execute and deliver on behalf of said County of Oakland,
an Agreement to be dated April 1, 1971, between the County of Oakland, the Village of Bingham Farms
and the Village of Franklin, which reads as follows:
AGREEMENT
EVERGREEN SEWAGE DISPOSAL SYSTEM -- BINGHAM FARMS EXTENSION NO. 1
THIS AGREEMENT, made as of this 1st day of April, 1971, 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 VILLAGE OF BINGHAM FARMS
and the VILLAGE OF FRANKLIN, municipal corporations in the County of Oakland (hereinafter collectively
called the "villages" and individually called "village"), parties of the second part:
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Misc. No. 3269, adopted on
August 12, 1957, as amended by Resolution, Misc. No. 3435, adopted on October 13, 1958, did approve of
establishment of the Evergreen Sewage Disposal System to serve the Evergreen Sewage Disposal District;
and
WHEREAS the Oakland County Board of Supervisors by Resolution, Misc. No. 4115, adopted
March 6, 1963, did enlarge the Evergreen Sewage Disposal District toinclude all of the Village of
Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen Sewage
Disposal System; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Birmingham, Bloomfield Hills, Lathrup Village, Troy and Southfield,
the Village of Westwood (now Beverly Hills) and the Townships of Bloomfield and Pontiac, municipal
corporations in said County of Oakland, the said County, acting through its Department of Public Works,
154
Commissioners Minutes Continued. May 20, 1971
did acquire the original Evergreen System and did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal corporations to the County in accordance with the
provisions of said agreement, as amended (herein referred to as the "Base Agreement"); and
WHEREAS the Villages have entered into agreements with the county, with the approval of the
aforesaid municipal corporations who are parties to the Base Agreement, entitled Agreement Relative to
the Addition of Areas to the Evergreen Sewage Disposal District and the Assumption of a Portion of the
Cost of Acquiring the Evergreen Sewage Disposal System and Arms and Extensions Thereto, dated as of
October 1, 1962 in the case of the Village of Bingham Farms, and dated as of April 1, 1970, in the case
of the Village of Franklin, (herein called the "Addition Agreements") by which each of the said villages
agrees to pay its proportionate share of the cost of acquisition of the Evergreen Sewage Disposal System
and such parts of the Southfield-Route Arm and North Extension thereto then in being or under construction
and of the operation and maintenance thereof in accordance with the terms and provisions of said Base
Agreement; and
WHEREAS the county and the City of Southfield and the Village of Bingham Farms have entered
into an Agreement, Evergreen Sewage Disposal System, Southfield-Route Arm, dated as of April 15, 1964,
as amended, concerning the construction of and payment for the Southfield-Route Arm and the North
Extension thereto (herein called the "Southfield-Rouge Arm Agreements"); 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 extend any system acquired
pursuant thereto; and
WHEREAS it is now necessary to extend further said sewage disposal system by construction of
the so-called Evergreen Sewage Disposal System - Bingham Farms Extension No. 1 (hereinafter sometimes
referred to as the "Extension No. 11 in said Village of Bingham Farms to the said Village of Franklin
under the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended, for the purpose
of collecting and disposing of sewage originating within that part of the said district located in said
villages, and to issue bonds to finance such Extension No. 1 in anticipation of the collection by the
county of amounts to become due under this agreement between the county and the municipalities, parties
hereto, whereby the said villages agree each to pay a certain sum towards the cost of such Extension
No. 1, and whereby the sum due from the Village of Franklin on April 1, 1971, pursuant to the Addition
Agreements for its share of the cost of the System, Arm and North Extension, is capitalized and charged
to said village as part of its share of cost of Extension No. 1; and
WHEREAS no other municipality in the Evergreen Sewage Disposal District, as enlarged, is to
part icipate aL this time in the ..constTuctien of said Extension No. 1; and
WHEREAS in order to issue such bonds, it is necessary that the county and the municipalities,
parties hereto, enter into this agreement; 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
Extension No. 1, prepared by Giffels-Webster Engineers, Inc., registered professional engineers, and a
map showing the approximate route of said Extension No. 1, which estimate of cost is attached hereto
as Exhibit B and by this reference made a part hereof, and which map is attached hereto as Exhibit A
and by this reference made a part hereof.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows:
1. The plans and specifications for the Extension No. 1 as prepared by Giffels-Webster
Engineers, Inc., registered professional engineers, are hereby approved and adopted, and the estimate
of cost thereof is approved end adopted in the amount as set forth on Exhibit B hereto attached. The
said Extension No. 1 shall consist of sanitary sewers located approximately as set forth and generally
shown on Exhibit A hereto attached. The said plans and specifications and estimate of cost shall be
submitted to the County Board of Commissioners, together with an ordinance or resolution approved by
the Oakland County Board of Public Works, providing for the issuance of bonds by the county as herein-
after provided, in an aggregate principal sum not exceeding the amount of the capital cost as herein-
after defined. If such bond ordinance or resolution shall be adopted by said board of commissioners,
then the DPW shall proceed to secure bids for the construction of the project, to secure bids for the
purchase of the bonds, to award the construction contracts and to issue the bonds, and shall cause the
project to be constructed within a reasonable time thereafter.
2. The said Extension No. 1 (herein sometimes referred to as the "project")is designed
for, and shall be used for, the collection and transportation of sanitary sewage only. Said project
may be divided into sections by the DPW for purposes of construction and the letting of construction
contracts.
3. Said Extension No. 1 being an extension of the Evergreen Sewage Disposal System and
being a part of the ultimate county system to serve the Evergreen Sewage Disposal District, as enlarged,
the provisions of paragraphs 3 thru 5 and 11 thru 18 of the Base Agreement shall continue in full force
and effect notwithstanding this Agreement. The said Extension No. 1 is designed so that by proper
extensions said Extension No. 1 will serve the areas in the Village of Bingham Farms and Village of
Franklin, now included in said Evergreen Sewage Disposal District, as enlarged. Properties within
said villages to be served by said Extension No. 1 shall be connected to the Extension No. 1 only
upon such terms and conditions as are prescribed by the villages, as may be appropriate, in addition
to the terms and conditions prescribed in the Base Agreement. No areas not in said villages shall be
served by or connected to said Extension No. 1 except by agreement of the parties hereto in writing.
The county or the villages shall not permit the discharge into said Extension No. 1 of any sewage in
violation of the Base Agreement.
4. Each of said villages shall pay to the county, to cover the capital cost of the
Extension No. 1, a sum equal to that produced by applying the following percentages to the capital cost
thereof, to-wit:
Village of Franklin
Village of Bingham Farms
Total
65,1470 %
34.8530 %
100.0000 %
Commissioners Minutes Continued. May 20, 1971
The term "capital cost" as above used, shall include all items of cost set forth in
Exhibit B attached hereto and any changes thereto and any other or additional items of cost, of a
similar type or nature, as may be set forth in any revision of Exhibit B agreed to by the parties
hereto, incurred by the county in acquiriny and constructing the Extension No. 1. Included on said
Exhibit B is a line item of cost which is in the amount of the obligation of the Village of Franklin
under the Addition Agreements to pay in cash on April I, 1971, the sum of $115,444.82, including
interest from April 1 to October I, 1971. This item has been taken into account in calculating the
percentage of cost to be paid by the Village of Franklin as set forth above in this paragraph.
5. The amount to be paid by each village shall be divided into annual installments,
numbered in direct order of their maturities. The aggregate amount of each installment as to each
village and the division thereof between the villages are set forth in Exhibit C hereto attached and
by this reference made a part hereof. Said installments shall be due in consecutive numerical order
on the first day of April in each year, beginning with the year 1972, and all amounts thereof from time
to time unpaid, shall bear interest from the date of the bonds to be issued by the county, at the rate
per annum payable by the county on said bonds, payable on April 1, 1972, and on the first day of April
in each year thereafter. In addition, there shall be paid by the villages on April 1 of each year the
annual fees and expenses connected with the payment of said bonds. If any village shall fail to pay
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. Each village may pay in advance of maturity all or any part of an annual
installment by surrendering to the county bonds issued in anticipation of payments to be made under
this agreement, 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.
6. The percentages mentioned in paragraph 4 above shall be computed upon the estimated
cost until the actual cost has been determined. If the actual cost shall be less than the estimated
cost, then any surplus from the sale of bonds therefor shall be used to purchase such bonds on the open
market, and in such event the aggregate installment from the villages in the year or in each of the
years in which the bonds so purchased mature, shall be reduced by the principal amount of such bonds
and each village shall be credited in accordance with its percentage as set in paragraph 4 hereof.
Any bonds so purchased shall be canceled. As an alternative, by agreement of the parties hereto, such
surplus may be used for further extensions in the villages in the same percentage apportionment as set
forth icr paragraph -4: hereof. The estimate-d cost above referred to shall be that set forth in Exhibit
B hereto or as revised prior to the issuance of bonds. If the actual cost shall be greater than the
estimated cost, then the additional amount shall be allocated between the villages in accordance with
the percentages set forth in paragraph 4 hereof, and the several then remaining installments for each
village shall be increased accordingly.
7. Each of the villages does hereby pledge its full faith and credit for the prompt payment
of the aforesaid obligations and shall each year 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, in which case the annual tax levy may be reduced by that amount. Funds for
which credit may be so taken, may be raised in the manner provided in paragraph (2), Section 12 of said
Act 185, Public Acts of 1957, as now existing or hereafter amended.
8. The county shall issue its negotiable bonds to defray the capital cost of said Extension
No. 1, which bonds shall be secured by the full faith and credit pledges of the two villages under this
agreement. 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.
9. The provisions of this agreement 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 villages.
It is hereby declared that the terms of this agreement insofar as they pertain to the security of any
such bonds, shall be deemed to be for the benefit of the holders of said bonds.
10. The Village of Bingham Farms consents to the use by the county of the public streets,
alleys, lands and rights-of-way in the village for the purpose of constructiny, operating and main-
taining the Extension No. 1 and of any improvements, enlargements and extensions thereto. The villages
reaffirm their covenant and warrant that all sanitary sewage originating in their respective units shall
be delivered only to the Evergreen Sewage Disposal System, including extensions thereto, for transporta-
tion therein and ultimate disposal. Lands (other than highways) owned by or under the jurisdiction of
the villages or the county, located within the Evergreen Sewage Disposal District, shall be liable, if
sanitary sewage emanates therefrom, to the same extent as privately owned lands, to pay the charges for
sewage disposal services with respect thereto.
11. This agreement shall become effective upon being approved by the legislative bodies of
the municipalities and by the Board of Public Works and Board of Commissioners of Oakland County and
properly executed by the officers of the municipalities and of the Board of Public Works. This agree-
ment shall terminate when the Base Agreement terminates. This is the agreement mentioned in the
Addition Agreement by reference to "any Extension No, 1 Agreement hereafter executed" and any such
reference shall mean this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered
by their respective duly authorized officers, all as of the day and year first above written.
155
156
Commissioners Minutes Continued. May 20, 1971
COUNTY OF OAKLAND
BY ITS BOARD OF PUBLIC WORKS
By
Chairman
By
Secretary
VILLAGE OF FRANKLIN VILLAGE OF BINGHAM FARMS
By By
President President
By By
Village Clerk Village Clerk
ESTIMATE OF PROJECT COST EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 1 (Sanitary Sewer)
March 1971
Description Quantity Unit Price Item Cost
18-inch Sewer 1367 L.F. 33.00 =$ 45,111.00
15-inch Sewer 1256 L.F. 31.00 = 38,936.00
12-inch Sewer 1605 L.F. 25.00 = 40,175.00
10-inch Sewer 1101 L.F. 20.00 = 22,020.00
8-inch Sewer 1937 L.F. 19.00 = 36,803.00
6-inch House Lead 45 L.F. P 14.00 = 630.00
12-inch Tunnel Sewer 85 L.F. 175.00 = 14,875.00
Manholes 29 Ea. 875.00 25,375.00
Construction Sub-Total $ 223,875.00
Construction ....................$ 223,875.00
Engineering 20,663.66
Inspection ..... ............. 6,716.25
Administration .................. 5,596.88
Soil Borings .............,...... 800.00
Easement Acquisition ............ 5,000.00
Legal ........... ....... ......... 3,110.34
Financial ..... ...... 2,518.62
Contingency 22,011.09
Purchase of Capacity - Village of Franklin 118,908.16
--Apport4oned cost of Capitali-zed Interest
on $725,000.00 Bond Issue 12 Months @7.0% 30,800.00
Total Project Cost $ 440,000.00
I hereby estimate the period of usefulness to be Fifty (50) years and upwards.
G1FFELS-WEBSTER ENGINEERS, INC.
By
Franklin D. Webster, P.E.
EXHIBIT "B"
April 1971
EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 1 (Sanitary Sewer)
Schedule of Annual Principal Maturities and Schedule of Annual Principal Payments
Principal Payments Principal Payments
Principal Maturities Village of Bingham Farms Village of Franklin
Year May 1 34.8530% 65.1470%
1971 -0- -0- -0-
1972 $ 5,000 $ 1,742.65 $ 3,257.35
1973 5,000 1,742.65 3,257.35
1974 5,000 1,747.65 3,257.35
1975 10,000 3,485.30 6,514.70
1976 10,000 3,485.30 6,514.70
1977 10,000 3,485.30 6,514.70
1978 10,000 3,485.30 6,514.70
1979 10,000 3,485.30 6,514.70
1980 10,000 3,485.30 6,514.70
1981 15,000 5,227.95 9,772.05
1982 15,000 5,227.95 9,772.05
1983 15,000 5,227.95 9,772.05
1984 15,000 5,227.95 9,772.05
1985 15,000 5,227,95 9,772.05
1986 20,000 6,970.60 13,029.40
1987 20,000 6,970.60 13,029.40
1988 20,000 6,970.60 13,0 2 9.40
1989 25,000 8,713.25 16,286.75
1990 25,000 8,713.25 16,286.75
1991 25,000 8,713.25 16,286.75
1992 25,000 8,713.25 16,286.75
1993 30,000 10,455.40 19,544.10
1994 30,000 10,455.90 19,544.10
1995 35,000 12,198.55 22,801.45
1996 35,000 17,198.55 _ 22 801.45
Total $440,000 $153,353.20 $286,646.80
EXHIBIT "C"
HIRTEEN Itt/LE ROAD
iMAMARRAMMAMAAMMAIMP ANAA1
S40 if Cr:
-
•Ep c
1L LAGE OF BINGHAN
--PROPOSED SANITARY
SEWER EXTENSION
dn. 9.0 01111.0(41 ,.. araD Os.
600'
131d/STOL Cr
•
CONNECTION TO EXISTING
SOUTHFIELD-ROUGE ARM,
NORTH EXTENSION --
LA•Nz
EXHiBIT
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION
May 1970 Rev.
mov 470
Commissioners Minutes Continued. May 20, 1971 157
BE IT FURTHER RESOLVED that the officers of the Board of Public Works are authorized to
execute and deliver such number of original copies of said Agreement as they may deem advisable.
PUBLIC YCH. f CW!TTEE
By Bernard F. Lennon, Chairman
Mr. Lennon moved the adoption of the foregoing ,a;scdution, which motion was supported by
Mr. Aaron.
On roll call the resolution was adopted by the following vote:
YEAS: Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon,
Mainland, Mathews, Olson, Patnales, Periroff, Pernick, Powell, Richards, Richardson, Simson, Szabo,
Wilcox, Aaron, Barakat, Bawden, Brennan, Burley. (27)
NAYS: None (0)
ABSENT. None (0)
Misc- 5710
Recommended by Board of Public Works
RE: EVERGREEN AND BINGHAM FARMS SEWAGE DISPOSAL SYSTEMS AND EXTENSION NO, 1
BOND RESOLUTION
Mr. Lennon offered the following resolution which was approved by the Board of Public Works
at their meeting of April 26, 1971:
WHEREAS the Board of Supervisors of Oakland County, by Miscellaneous Resolutions No. 3269,
3435 and 4115 adopted August 12, 1957 and October 13, 1958 and March 6, 1963, did approve of the
establishment and enlargement of the Evergreen Sewage Disposal System to serve the Evergreen Sewage
Disposal District, as enlarged, within which district are located the Village of Bingham Farms and the
Village Of Franklin; and
WHEREAS pursuant to Board of Commissioners Resolution Miscellaneous No. 5709, adopted on this
date, and pursuant tc resolutions adopted by the governing bodies of the Village of Bingham Farms and
the Village of FradiHin, the County of Oakland and the said Villages entered into a Contract dated as
of April 1, 1971, whereby the County agreed to construct and finance the Evergreen Sewage Disposal
System - Bingham Farms Extension No. 1 and the Villages agreed to pay the total cost thereof, based
upon an estimated cost of $440,000 and as represented by the amount of bonds issued by the County to
finance said Extension No I, which said Contract is set forth in full in the said resolution of this
-Board of Commissioners; and -- -----
WHEREAS the Board of Supervisors of Oakland County, by Miscellaneous Resolution No. 5315,
adopted March 19, 1970, did approve of the establishment of the Bingham Farms Sewage Disposal System,
a storm sewer system to serve the Bingham Farms Sewage Disposal District within which district is
located all of the Village of Bingham Farms; and
WHEREAS pursuant to Board of Commissioners Resolution Miscellaneous No. 5708, adopted on this
date, and pe:suant to resolutions adopted by the governing body of the Village of Bingham Farms the
County of 10aLla-,c1 and the said Village entered into a Contract dated as of April 1, 1971, whereby the
County agreea te construct and finance the Bingham Farms Sewage Disposal System and the Village agreed.
to pay the total cost thereof, based upon an estimated Cost of $285,000 and as represented by the amount
of bonds issued by the County to finance said System, which said Contract is set forth in full in the
said resolution of this Board of Commissioners; and
WHEREAS construction plans and specifications tor the Evergreen Sewage Disposal System -
Bingham Farms Extension No. 1, as prepared by Giffels-Webster Engineers, Inc., 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 bodies of the Village of Franklin and of the Village of Bingham Farms; and
WHEREAS construction plans and specifications for the Bingham Farms Sewage Disposal System as
prepared by Giffels-Webster Engineers, Inc., 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 of Bingham Farms; and
• WHEREAS pursuant to the provisions of said Contracts of April 1, 1971, the aggregate amounts
of the several annual installments to be paid by the respective Villages are the same as the annual
bond maturities hereinafter set forth; and
WHEREAS under said Contracts of April 1, 1971, each of the said Villages ls to pay annually
its respective share of the aggregate amount of each annual installment to the County and in addition
thereto is to pay semi-annually its respective share of 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 the aggregate principal amount of $725,000
in anticipation of payments to be made by the said Villages under said Contracts -of April 1, 1971; 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:
1. That the bonds of said County of Oakland, aggregating the principal SUM of Seven Hundred
Twenty-Five Thousand Dollars ($725,000) be issued for the purpose of defraying the cost of acquiring
the EveToreen Sewage Disposal System - Bingham Farms Extension No. 1 and the Bingham Farms Sewage
Disposal System. The said bonds shall be known as "Oakland County Sewage Disposal Bonds (Bingham Farms
System and Extension No. I)", shall be dated May 1, 1971; 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 eight per cent (8/) per annum,
payable on November 1, 1971, and semi-annually thereafter on the first days of May and November in each
year; and shall mature or the first day of May in each year as follows:
158
Commissioners Minutes Continued, May 20, 1971
1972 - $30,000
1973 - 30,000
1974 - 30,000
1975 - 40,000
1976 - 40,000
1977 - 40,000
1978 - 540,000
1979 - 40,000
1980 - 40,000
1981 - 45,000
1982 - 15,000
1983 - 15,000
1984 - $15,000
1985 - 15,000
1986 - 20,000
1987 - 20,000
1988 - 20,000
1989 - 25,000
1990 - $25,000
1991 - 25,000
1992 - 25,000
1993 - 30,000
1994 - 30,000
1995 - 35,000
1996 - 35,000
Bonds maturing on and after May 1, 1981 shall be subject to redemption prior to maturity in
inverse numerical order, at the option of the County, on any one or more interest payment dates on and
after May 1, 1980, at the par value thereof and accrued interest plus a premium on each bond computed
as a percentage of the face amount thereof in accordance with the following achedule:
27f if called to be redeemed on or after May 1, 1980, but prior to May 1, 1990
17 if called to be redeemed on or after May 1, 1990, but prior to maturity.
Notice of redemption shall be given to the holders of the bonds to be redeemed by publication of such
notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a news-
paper or publication circulated in the City of Detroit, 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. Bonds maturing prior to the year 1981 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, qualified to serve as paying
agent under the laws of the State of Michigan or the United States of America, as shall be designated
by the original purchaser of the bonds. Such purchaser shall also have the right to name a similarly
qualified co-paying agent.
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 their facsimile signatures; and that upon the execution of said
bonds and attached coupons, the same shall be delivered to the Treasurer ci said County who is hereby
authorized and directed to deliver said bons and attached coupons. to the port or dlereof, -upon tmeceipta---
of the purchase price therefor.
4. That the said bonds are to be issued pursuant to the provisions of Act No. 185 of the
Michigan Public Acts of 1957, as amended, in anticipation of and payable primarily from the collection
of the amounts to become due to the County from the Village'of Bingham Farms and Village of Franklin
under said Contract between the County and the said Villages, which amounts aggregate the sum of 5440,000,
with interest as therein provided and of the amounts to become due to the County from the Village of
Bingham Farms under the Contract between the County and said Village, which amounts aggregate 5285,000,
with interest as therein provided. The interest payable on said bonds for a period of 12 months is
hereby capitalized and shall be paid from the proceeds of the sale of said bonds. The full faith and
credit of the County is hereby pledged for the prompt payment of the principal of and interest on said
bonds as the same become due.
5. That all moneys paid to the County by each Village pursuant to said Contracts shall be
set aside by the County Treasurer in a separate fund and bank account to be used for the payment of the
principal and interest on the bonds herein authorized and otherwise as provided in said Contract.
6. That said bonds and attached coupons shall be substantially in the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
Number $5,000
OAKLAND COUNTY SEWAGE DISPOSAL BOND (BINGHAM FARMS SYSTEM AND EXTENSION NO. 1)
KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, State of Michigan, hereby
acknowledges itself indebted and for value received, promises to pay to the bearer hereof, the sum of
FIVE THOUSAND DOLLARS
on the first day of May, A.D. 19 , together with interest thereon from the date hereof until paid, at
the rate of ) per centum per annum, payable November 1, 1971 and there-
after semi-annually on the first days of May and November 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 I to 145, both inclusive,
aggregating the principal sum of Seven Hundred Twenty-Five Thousand Dollars ($725,000), issued under
and pursuant to and in full conformity with the Constitution and Statutes of the State cf Michigan, and
especially Act No. 185 of the Michigan Public Acts of 1957, as amended for the purpose of defraying the
cost of acquiring die Evergreen Sewage Disposal System - Bingham Farms Extension No. 1 and Bingham Farms
Sewage Disposal System.
Bonds of this series maturing prior to May 1, 1981 are not subject to redemption prior to
maturity. Bonds maturing on and after May 1, 1981 shall be subject to redemption prior to maturity in
inverse numerical order, at the option of the County, on any one or more interest payment dates on and
after May 1, 1980, at the par value thereof and accrued interest plus a premium on each bond computed
as a percentage of the face value thereof in accordance with the following schedule:
23, if called to be redeemed on or after May 1, 1980, but prior to May 1, 1990
1% if called to be redeemed on or after May 1, 1990, but prior to maturity.
159 Commissioners Minutes Continued. May 20, 1971
Notice of redemption shall be given to the holders of the bonds to be redeemed by publication of such
notice not less than thirty (30) days prior to the date fixed for redemption, at least once in a
newspaper or publication circulated in the City of Detroit, 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 used 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 the County of
Oakland by the Village of Franklin and Village of Bingham Farms pursuant to a certain Contract dated
April 1, 1971 between the County of Oakland and said Villages whereby each Village agrees to pay to
the said County its share of the cost of said .Evergreen Sewage Disposal System - Bingham Farms Extension
No. 1, and pursuant to a certain Contract dated April 1, 1971, between the County of Oakland and the
Village of Bingham Farms whereby said Village agrees to pay to the said County the cost of said Bingham
Farms Sewage Disposal System, all in aggregate annual installments in the same amounts as the annual
maturities of the bonds of this issue, and semi-annually to pay the amount of interest and bond handling
charges. The full faith and credit of each Village is pledged for the prompt payment of its share of
the obligations pursuant to said Contracts, and in addition, by affirmative vote of 3/5ths of the
members-elect of its Board of Coraissioners, 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 ;n due time, form and manner as required by the Constitution and
Statutes of the State of Michigan, and that the issuance of this series of bonds does not cause any
constitutional or statutory limitation to be exceeded.
IN WITNESS WHEREOF, the County of Oakland, State of 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 May, A.D. 1971.
COUNTY OF OAKLAND,
STATE OF MICHIGAN
By_
Chairman of Board of Commissioners
By
County Clerk
(SEAL)
(COUPON)
Number
On the 1st day of , A.D. 19 , the County of Oakland, State of Michigan, will
pay to the bearer hereof the amount 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 Sewage Disposal Bond (Bingham Farms System and Extension No. I),
dated May 1, 1971.. No.
(FACSIMILE) (FACSIMILE)
County Clerk Chairman of Board of C717Tissioners
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, Michigan Public Acts of 1943, as amended, and the Board of Public Works through its Director
is hereby authorized and directed to make application to said Commission for the issuance of such order.
8. That 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. That all resolutions and parts of resolutions, insofar as the same, may be in conflict
herewith, are hereby rescinded.
PUBLIC WORKS COMMITTEE
By Bernard F. Lennon, Chairman
Mr. Lennon moved the adoption of the foregoing resolution. The motion was supported by
Mr. Szabo.
On roll call the resolution was adopted by the following vote:
AYES: Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Noughten, Kasper, Lennon,
Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Sisson, Szabo,
Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, (27)
NAYS: None (0)
ABSENT: None (0)
REPORT
By Mr. Daly
IN RE: MISCELLANEOUS RESOLUTION NO. 5687 - AMENDMENT TO RULES FOR ORGANIZATION AND PROCEDURE
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, submits the following Report
on Miscellaneous Resolution No. 5687:
The Committee recognizes the desirability and importance of commencing all meetings of the
Board and of its Committees on time at the hour for which they are celled and so recommends to the
Board.
The Committee further recommends that all members be requested to renew their awareness of
the desirability of constant attendance and seek to restrict their absenteeism to a minimum and
160
Commissioners Minutes Continued. May 20, 1971
increase attentiveness.
The Committee takes note of and express approval of the practice of the Committee Clerk to
record the time of arrival or departure of Committee members subsequent to commencement or prior to
adjournment of Committee meetings and further commends the practice of recording the absence of any
member on any vote of record.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing Report.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Barakat the report be received.
Moved by Bawden supported by Edwards the report be amended by adding to the last paragraph,
"That this practice also will apply to Board meetings."
Discussion followed.
Vote on amendment:
AYES: Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Pernick, Powell, Richards, Simson,
Barakat, Bawden. (12)
NAYS: Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Richardson,
Szabo, Wilcox, Aaron, Brennan, Burley, Coy. (15)
'A sufficient majority not having voted therefor, the motion lost.
Discussion followed.
Vote on motion to receive report:
AYES: Gabler, Hamlin, Harrison, Horton, Mainland, Mathews, Perinoff, Pernick, Richards,
Simson, Aaron, Barakat, Burley, Daly. (14)
NAYS: Edwards, Kasper, Lennon, Olson, Patnales, Powell, Richardson, Szabo, Wilcox, Bawden,
Brennan, Coy. (12)
A sufficient majority having voted therefor, the motion carried.
REPORT
By Mr. Daly
IN RE: RESOLUTION NO. 5675 - CLARIFICATION OF PER DIEM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, reports Miscellaneous
Resolution No. 5675 with the recommendation that the resolution not be adopted.
"Misc. 5675
By Mr. Lennon and Mr. Richards
IN RE: CLARIFICATION OF PER DIEM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution No. 5564 established per diem at the rate of $35.00 for
attendance at meetings of the Board of Commissioners and Committee meetings of the Board of Commissioners;
and
WHEREAS it should be set forth in the Rules for Organization and Procedure of Oakland County
Board of Commissioners as to when a member qualifies for per diem, and
WHEREAS it is recommended that to qualify for per diem, a member must be present and answer
the first roll call determining whether or not a quorum is present; and
WHEREAS if a quorum is not present and a member answers the quorum call, such member shall be
entitled to per diem for attendance at such Board or Committee meeting;
NOW THEREFORE BE IT RESOLVED a member shall qualify for per diem if present and answering the
first roll call determining whether nor not a quorum is present;
BE IT FURTHER RESOLVED that in the absence of a quorum, those members who attend and answer a
quorum roll call shall be paid per diem for such meeting."
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Olson the report be accepted.
Discussion followed.
Moved by Gurley supported by Lennon the report be referred back to the Committee on Organization
for proper wording.
Discussion followed.
Mr. Burley, with the consent of Mr. Lennon, requested that the motion be withdrawn.
Mr. Powell objected.
Commissioners Minutes Continued. May 20, 1971 161
Vote on motion to refer report back to Committee:
AYES: Harrison
NAYS: Gabler, Hamlin, Horton, Houghten
PASS: Kasper
The roll call was interrupted. A new roll call was ordered,
AYES: Hamlin, Perinoff, Powell, Brennan, Burley. (5)
NAYS: Gabler, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales,
Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Coy, Daly, Edwards. (22)
A sufficient majority not having voted therefor, the motion lost.
Mr. Gabler moved the previous question. Mr. Barakat seconded the motion.
AYES: Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Patnales,
Pernick, Richards, Simson, Szabo, Aaron, Barakat, Bawden, Burley, Coy, Daly, Edwards, Gabler. (21)
NAYS: Perinoff, Powell, Brennan. (3)
A sufficient majority having voted in favor of the motion, the previous question was ordered.
Vote on motion to accept report:
AYES: Harrison, Houghten, Kasper, Mainland, Mathews, Pernick, Powell, Simson, Szabo, Aaron,
Barakat, Bawden, Burley, Coy, Daly, Edwards, Gabler, Hamlin. (18)
NAYS: Horton, Lennon, Patnales, Richards. (4)
ABSTAIN: Brennan, Perinoff. (2)
A sufficient majority having voted therefor, the motion carried.
The Board recessed at 11:05 A. M. and reconvened at 11:20 A. M.
Roll called.
PRESENT: Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison,
fforton, floughten, -Kasper, Lennon, Mainland-, Mathews, Olson, Patnales, Perinoff, Pernick, Powell,
Richards, Simson, Wilcox. (24)
ABSENT: Aaron, Richardson, Szabo. (3)
Quorum present.
REPORT
By Mr. Daly
IN RE: MISCELLANEOUS RESOLUTION 5666 - ONE HOUR LIMITATION ON DEBATE OF MOTIONS AND RESOLUTIONS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, reports that it has
considered Miscellaneous Resolution No. 5666 and agrees that the Rules for Organization and Procedure
of the Oakland County Board of Commissioners need to be clarified and to that end will offer an amend-
ment to the By-Laws to clarify said Rules.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing Report.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Lennon the report be adopted.
A sufficient majority having voted therefor, the report was adopted.
Misc. 5711
By Mr. Daly
IN RE: AMENDMENT TO RULES FOR ORGANIZATION AND PROCEDURE
To the Oakland County Board of Commissioners
Mr, Chairman, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution No. 5666 was referred to the Committee on Organization; and
WHEREAS the Comittee on Organization recommends an amendment to Rule XXII of the Oakland
County Board of Commissioners Rules for Organization and Procedure; and
WHEREAS pursuant to Rule XVI, written Notice was given to each member of this Board of an
Amendment to the Rules for Organization and Procedure of the Oakland County Board of Commissioners;
NOW THEREFORE BE IT RESOLVED that the Rules for Organization and Procedure of the Oakland
County Board of Commissioners be amended by adding after the period in said Rule XXII, the following
language:
THAT AT THE REQUEST OF ANY BOARD MEMBER THE ONE-HOUR DEBATE RULE WILL COMMENCE AS TO ANY
MOTION OR RESOLUTION BEFORE THIS BOARD.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
16).
Commissioners Minutes Continued. May 20, 10/1
Moved by Poly supported by tennon the resolution he adopled.
Pi sew., ion followed.
hied b n. rowel I stiimor t ed by Pot ui 1 the reso I it ion he re I erred li, I Iii I,iiliIIrll ia or
Iiii t Ho t: .11 .
AYH: Horton. Houghten. Kosper, Mainland, Olson, Potnales, Perinoll, Pernick, Powell, Rfthard ,„
Riehordson, Simson. Wilcox. Aaron. Bdwden, Brennan, Burley, Coy, Edwards, Gabler, Harrison. (21)
NAYS: Lennon, Mathews, Barokot, Doly. (4)
A sufficient majority having voted therefor, thi . motion carried.
misc. H:1:
mc.Dcl
IN RE: MEMBERSHIP ON INTER-COUNTY HIGHWAY COMMISSION
To the Oakland County Board ol Commissioners
Mr, Ch tan Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is entitled to three members on the Inter-
CountN, Hiqhway Commission, one member being the Chairman or the Board of Commissioners, one being the
Chairman of the Public Works Committee, and the third member appointed by the Board of Commissioners;
and
WHEREAS your Committee recommends that Commissioner Mary Bawden be appointed as the third
Commission member on the Inter-County Highway Commission;
NOW THEREFORE BE IT RESOLVED that Commissioner Mary Bawden be and she is hereby appointed to
the Inter-County Highway Commission for a term ending December 31, 1972.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foreuing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Perinoff the resolution be adopted.
eA.safffci-en-t majarl-ty --hayjng------voted -therefor, the resolution was adopted.
Misc. 5713
By Mr, Barakat
IN RE PROPOSED INCORPORATION OF CITY OF COMMERCE
To the Oakland County Board of Commissioners
Mr. Chair-ran, Ladies and Gentlemen:
WHEREAS certain residents of the Township of Commerce and the Village of Wolverine Lake have
petitioned this Board, pursuant to the provisions of Act 269 of the Public Acts of 1909, as amended, to
incorporate the territory described below as a Home Rule City; and
WHEREAS your Committee has found the Petition qualifies as to form and sufficiency;
NOW THEREFORE BE IT RESOLVED:
1. That the Petition containing the following described territory, to-wit:
Town 2 North, Range 8 East, Commerce Township, Oakland County, Michigan, which Township is
bounded on the North by the North lines of Sections 1, 2, 3, 4, 5, and 6 of said Commerce Township, on
the East by the East lines of Sections 1, 12, 13, 24, 25, and 36 of said Commerce Township, on the South
by the South lines of Sections 31, 32, 33, 34, 35, and 36 of said Commerce Township, on the West by the
West lines of Sections 6, 7, 18, 19, 30, and 31 of said Commerce Township, including the existing
Village of Wolverine Lake, but excepting therefrom, that part of Commerce Township within the Corporate
linits of the Cities of Walled Lake and Wixom and except that part of Section 35 of Commerce Township
described as the Southeast 1/4 of the Southwest 1/4 except the South 250 feet of the West 300 feet
thereof,
be approved as to form and sufficiency and in compliance with the provisions of Act 279 of the Public
Acts of 1909, as amended.
2. That the County Clerk be directed to take the necessary steps to submit the question of
such Incorporation of the territory herein described to the Electors of the territory to be affected,
at a Special Election to be held on November 2, 1971.
The Local and Regional Affairs Committee, by Mr. Joseph L. Barakat, Chairman, moves the
adoption of the foregoing resolution.
LOCAL AND REGIONAL AFFAIRS COMMITTEE
Joseph L. Barakat, Chairman
Moved by Barakat supported by Coy the resolution be adopted.
Discussion followed.
AYES: Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Richards,
Richardson, Simson, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler,
Harrison, Horton. (23)
NAYS: Powell. (I)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. May 20, 1971 163
Moved by Horton supported by Gabler the Board recess until 12:45 P.M.
AYES: Olson, Patnales, Richardson, Simaon, Wilcox, Bawden, Gabler, Horton, (8)
NAYS: Kasper, Lennon, Mainland, Mathews, Perinoff, Pernick, Powell, Richards, Aaron, Barakat,
Brennan, Burley, Coy, Daly, Edwards, Harrison. (16)
A sufficient majority not having voted therefor, the motion lost.
Misc. 5714
By Mr. Barakat
IN RE: COUNTY GOVERNMENT REORGANIZATION - WAYNE COUNTY PROPOSAL
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Local and Regional Affairs Committee having reviewed the recommendations of the
Citizens Research Council of Michigan entitled, "A New Approach to Organization of Wayne County
Government"; and
WHEREAS the Local and Regional Affairs Committee supports the concept of organizational
reform as contained in the recommended legislation with the necessary modifications and adaptions to
Oakland • County; and
THEREFORE BE IT RESOLVED that this Board of Commissioners support this legislation in
concept.
The Local and Regional Affairs Committee, by Mr. Joseph L. Barakot, Chairman, moves the
adoption of the foregoing resolution.
LOCAL AND REGIONAL AFFAIRS COMMITTEE
Joseph L. Barakat, Chairman
Moved by Barakat supported by Brennan the resolution be adopted.
Discussion followed.
The resolution was referred to the Legislative Committee, There were no objections.
Misc. 5715
By Mr. Pernick
IN RE: SUPPORT OF LEGISLATION FOR INCREASED APPROPRIATION FOR NEIGHBORHOOD YOUTH CORPS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS this Board is aware of proposals now pending in the Federal Congress aimed at
providing substantially increased appropriation for Neighborhood Youth Corps Programs; and
WHEREAS there is great need throughout Oakland County for additional funding for summer job
enployment for youths 14 to 18 years of age;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners strongly supports
these proposals and urges their passage.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the President, Richard M.
Nixon, White House, and also that copies be sent to Senators Hart and Griffin and Congressmen Jack
McDonald and William Broomfield.
The Legislative Committee, by Mr. Lawrence R. Pernick, Chairman, moves the adoption of the
foregoing resolution.
LEGISLATIVE COMMITTEE
Lawrence R. Pernick, Chairman
Moved by Pernick supported by Lennon the resolution be adopted.
Discussion followed.
Moved by Kasper supported by Powell the resolution be amended by deleting the word
"substantially" in the first paragraph.
Discussion followed.
The Chairman requested that the Clerk call the roll to determine if a quorum is present.
Roll called,
PRESENT: Aaron, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Harrison, Horton, Kasper,
Lennon, Mainland, Mathews, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simon, Wilcox.
(22)
ABSENT: Barakat, Hamlin, Houghten, Olson, Szabo. (5)
Quorem present.
Vote on amendment:
AYES: Patnales, Powell, Richardson, Wilcox, Bawden, Burley, Coy, Gabler, Horton, Kasper. (10)
NAYS: Lennon, Mainland, Mathews, Perinoff, Pernick, Richards, Simson, Aaron, Brennan, Daly,
Edwards, Harrison. (12)
A sufficient majority not having voted therefor, the motion lost.
164
Commissioners Minutes Continued. May 20, 1971
Vote on resolution:
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5716
By Mr. Mainland
IN RE: SUBMISSION OF CHANGES IN MERIT SYSTEM RULES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Section IV, Subsection A of the Merit System Resolution requires that copies of all
changes in the rules and regulations of the Merit System shall be submitted to the Board of Commis-
sioners at a regular meeting of the Board and shall become effective thirty days after such meeting
unless objection is received in writing by the Chairman of the Board of Commissioners, in which case
the objection shall become a matter of business at the next meeting of the Board; and
WHEREAS it has become desirable to make certain changes in the wording of Rule 8 as spelled
out in the attachment to this resolution; and
WHEREAS your Personnel Practices Committee reviewed and approved these changes at its meeting
of May 3, 1971;
NOW THEREFORE BE IT RESOLVED that the reading of this notice and the distribution of this
notice and the attached form labeled "Proposed Change in Merit System Rule", to all the Commissioners
present and absent be considered as the official submission to the Board of Commissioners, of the
described changes in Rule 8.
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
Misc. 5717
By Mr. Edwards
IN RE: APPLICATION FOR FEDERAL FUNDS TOWARD THE PURCHASE OF PARK FACILITIES IN INDEPENDENCE TOWNSHIP
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission has an Option to purchase 421
Acres of land contiguous to the present Independence-Oaks parks located in Independence Township; and
WHEREAS the 421 Acres are necessary to complete the park facility; and
WHEREAS Federal Land and Water Funds may be available up to 507 to apply toward the purchase
price of said property; and
WHEREAS to secure Federal funds it is necessary to make application to the Michigan Department
of Conservation Recreation Resources Planning Division Land and Water Conservation Fund;
NOW THEREFORE BE IT RESOLVED that William M. Richards, Chairman of the Oakland County Board
of Commissioners, or in his absence, Daniel T. Murphy, Chairman of the Oakland County Board of Auditors,
or their successors, be hereby authorized to act as agents and are directed to make and execute
application and to execute all other documents necessary to apply for Federal Land and Water funds
toward the purchase of park facilities in Independence Township.
The Planning and Building Committee, by Mr. Charles B. Edwards, Jr., Chairman, movesthe
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charles B. Edwards, Jr., Chairman
Moved by Edwards supported by Daly the resolution be adopted.
AYES: Mainland, Mathews, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, SiFson,
Wilcox, Aaron, Bawden, Brennan, Coy, Daly, Edwards, Gabler, Harrison. (18)
NAYS: Burley, Kasper, Lennon. (3)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5718
By Mr. Edwards
IN RE: PURCHASE OF DOWNTOWN OFFICE BUILDING
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland has been negotiating with Argonaut Realty Division of the
General Motors Corporation for the purchase of the former Administration Building of the Pontiac Motor
Division of General Motors Corporation located on Oakland Avenue, Pontiac, Michigan; and
WHEREAS the County of Oakland must vacate No. 1 Lafayette Street on or before December 31,
1971, and it will be necessary to find suitable quarters for the Oakland County Clothing Store and the
Office on Economic Opportunity; and
WHEREAS the Downtown Office Building will be used to house the Department of Social Services,
the Office on Economic Opportunity and the Oakland County Clothing Store; and
WHEREAS the County may acquire said building for the sum of $200,000.00 which your Committee
believes to be a fair price for said building;
NOW THEREFORE BE IT RESOLVED that the County of Oakland agrees to purchase the former
Administration Building for the Pontiac Motor Division of General Motors Corporation located on
Oakland Avenue, Pontiac, Michigan, for the sum of $200,000.00 and that $200,000.00 be appropriated
for said purchase.
BE IT FURTHER RESOLVPD that the Chairman and Clerk of this Board be and they are hereby
authorized to execute all necessary documents to effectuate said purchase.
IN !
RULE
NUMBER
RULE
TITLE Disciplinary Actions 8
ON PAGEL-J-10E1 4E SECTION TO BE CHANGED Section I, subsection B. 1
ING PROPOSED WORDING PRESENT
Date: 5/3/71
Date: 5/3/71
Date: 5/3/71
Change Submitted by: The Personnel Division
Approved F1 Disapproved by:
Personnel Practices Committee:
Board of Auditors:
Approved Disapproved by:
Misc. 5716 Oakland County Merit System
PROPOSED CHM'
B. Writ ten
1. This is an action taken by a
Department Head in which he
, writes out the action or
behavior which he wishes the
employee to change, cease or
begin. Whenever possible, the
Written Reprimand will cite
specific incidences, will give
direct and concrete orders for
the future and will point out
the consequences of repeating_the
actions which brought about the
Written Reprimand.
B. Written Reprimand
1. This is an action taken by a
Department Head in which he
writes out the action or
behavior which he wishes the
employee to change, cease or
begin. The Written Reprimand
will describe in detail the
behavior to be corrected, and
will give direct and concrete
orders for the future and
will point-out the consequences
of repeating the actions
which brought about the
Written Reprimand.
REASON FOR CHANGE
Referred by the Personnel Appeal Board to clarify the meaning of Rule 8,
Introduced to Board of Commissioners: Date: 5/20/71
Section IV Subsection A of Merit System Resolution
Copies of the rules and regulations developed by the Personnel Policies Cor77i:tt,ee and
all future changes in such m4ier; and regulations shall be submitted to the 73(x2r of
Supervisors at a regular meeting of the Board of Supervisors and shall become effective
thirty days after such meeting unless objection is received in writing by the Chairman
of the Board of Supervisors, in which case the objection shall become a matter of
business at the next meeting of the Board of Supervisors.
Commissioners Minutes Continued. May 20,•1971
The Planning and Building Committee, by Mr. Charles B. Edwards, Jr., Chairman moves the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charles B. Edwards, Jr., Chairman
The resolution was referred to the Finance Committee. There were no objections.
The Chairman announced that, in the future, the Board meetings will start at 9:30 A.M.
Misc. 5719
By Mr. Coy
IN RE: KATHRYN L. RADTKE REWARD
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Section 19 of Act 328 of the Public Acts of 1931, as amended, permits a county
board of commissioners to offer and pay out of the general fund of the county a sum not to exceed
$2,000.00 as a reward for the arrest and conviction or for information leading to the arrest and
conviction of any person or persons having committed a crime within the county; and
WHEREAS the people of Oakland County were shocked by the discovery of the body of Kathryn
L. Radtke; and
WHEREAS a suitable reward should be offered for the arrest and conviction of the person or
persons who committed the crime; and
WHEREAS the Oakland County Board of Commissioners should offer and pay out of the General .
Fund of the County, the sum of $1,000.00 as a reward for the arrest and conviction of any person or
persons responsible for the death of Kathryn L. Radtke;
NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 328 of the Public Acts
of 1931, as amended, the County of Oakland hereby offers the sum of $1,000.00 as a reward for the
arrest and conviction or for information leading to the arrest and conviction of any person or persons
responsible for the death of Kathryn L. Radtke.
Mr. Chairman, I move the adoption of the foregoing Resolution.
Lew L. Coy
Moved by Coy supported by Gabler the rules be suspended for immediate consideration of the
resolution.
Discussion followed.
AYES: Mathews, Patnales, Perinoff, Powell, Richards, Richardson, Simson, Wilcox, Bawden,
Burley, Coy, Daly, Edwards, Gabler, Harrison, Horton, Kasper, Lennon, Mainland. (19)
NAYS: Pernick, Aaron, Brennan. (3)
A sufficient majority having voted therefor, the motion carried :
Moved by Coy supported by Gabler the resolution be adopted.
AYES: Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Wilcox, Aaron,
Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Harrison, Horton, Kasper, Lennon, Mainland,
Mathews. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5720
By Mr. Brennan
IN RE: FISCAL RESPONSIBILITY INCENTIVE COMPENSATION PROGRAM
To the Oakland County Board of Commissioners
Mr, Chairman, Ladies and Gentlemen:
WHEREAS the operation of state and local governmental units on a sound fiscal basis is
essential to the overall economic health of the nation; and
WHEREAS there is an increase in the practice of deficit spending at all levels of government,
and such a trend can lead to insolvent or bankrupt communities; and
WHEREAS the responsible elected officials are constantly exposed to pressures for new services
and cost increases for present programs, and there exists no counter incentive for cost control or
expenditure reductions; and
WHEREAS the necessity to provide the required services within the revenues available is an
integral part of the job responsibilities for which elected officials are compensated; and
WHEREAS there are at the present time, statutes in the State of Michigan which allow periodic
increases in the salaries paid to the various elected officials;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
legislation which would require that 50% of the increase in compensation granted to elected officials
be earmarked for Fiscal Responsibility Incentive Compensation. Salary funds so designated would be
payable,only after successful completion of the fiscal year in a break-even or surplus condition.
Incurring an operating deficit would result in forfeiture of that year's incentive compensation,
Mr. Chairman, I move the adoption of the foregoing resolution.
James M. Brennan, District #13
Mr, Brennan requested that the resolution be referred to the Legislative Committee.
165
166
Commissioners Minutes Continued. May 20. 1971'
The Chairman referred the resolution to the Legislative Committee.
Mr. Pernick objected.
Discussion followed.
Moved by Pernick supported by Aaron the resolution, be referred to the Finance Committee
and then to the Legislative Committee.
AYES: Patnales, Pernick, Powell, Richards, Richardson, Simson, Aaron, Brennan, Burley Coy,
Daly, Lennon, Mainland, Mathews. (14)
NAYS: Perinoff, Bawden, Edwards, Gabler, Harrison, Kasper. (6)
A siiffieient majority having voted therefor, the motion carried,
Mise, • '
By Mr. lene,m
IN RE: MISCELLANEOUS RESOLUTION 5621 OAKLAND COUNTY JAIL BOARDING FEES
To the Oakland ,County Board of Commissioners'
Mr, Chairman, Ladies and Gentlemen:
WHERE AU the Oakland County. Board of .Comnissloners adopted MrseeilaneoUs Resolutiod 5621 '
Oh Fehrnory IU, IT/I; and
• WntRtAS this resolecioli establkhedobat the board mg r‘,0 for prkoners le He , . land
Comity jail, lurid with, or convicted of violation a City, or a Village ordinance, ric 0.0 per
day;, and
WHEREAS said boardioti tee WO5 on increase or $3.50 par day over the previously established
$6.00 per day fee; and
WHEREAS this increase in prisoners boarding fees has caused considerable concern to the
governing bodies or several Oakland County municipalities; and
WHEREAS these govern no bodies, in their respective resolutions,' have called for either a
decrease in or the abolishment of the prisoner boarding fee; and
WHEREAS the property owners of these communities pay county taxes which revenues are used,
in part, to support the operations of the Oakland County jail; and
WHEREAS it is felt that a more equitable formula can be derived for the establishment of
prisoner boarding fees; and
WHEREAS it is believed that any such formula should take into account the total population
of the municipalities of the County;
NOW THEREFORE BE IT RESOLVED that the boarding fee of $9.50 per day established by
Miscellaneous Resolution 5621 be reviewed by the appropriate committee of the Oakland County Board of
Commissioners.
BE IT FURTHER RESOLVED that this Commit:.ee in its review of said policy, consider the
establishment ME a formula which would provide eairi municipality an annual credit in the ratio of
one day of free boarding per each 1,000 persons, or any fraction thereof in excess of one-half.
Mr. Chsirman, I move the 'adoption of the foregoing resolution
Bernard F. Lennon •
• Commissioner, District #11 -
The resolution was referred to the Finance Committee and Public Protection and Judiciary
Committee, There were no objections,
Moved by Daly supported by Edwards the Board adjourn to June 3, 1971 at 9:30 A, M.
A sufficient majority having voted therefor, the motion carried.
Lynn D. Allen
Clerk Wijliam M. Richards
Chairman