HomeMy WebLinkAboutMinutes - 1971.08.19 - 7594208
OAKLAND COUNTY
Jurd Of Commissions?
MEETING
August 19, 1971
Meeting called to order by Chairman William M. Richards at 9:50 A. M. in the Court House
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Invocation given by Charlie J. Harrison, Jr.
Roll called.
PRESENT: Aaron, Barakat, Brennan, Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison,
Horton, Houghten, Lennon, Mainland, Mathews, Perinoff, Pernick, Richards, Richardson, Simson, Szabo,
Wilcox, Burley, Olson. (24)
ABSENT: Kasper, Patnales, Powell. (3)
Quorum present.
Moved by Daly supported by Szabo the minutes of the previous meeting be approved as printed.
A sufficient majority having voted therefor, the motion carried.
Clerk read card of thanks from the family of Robert Olson. (Placed on file.)
Clerk read letter from U. S. Representative William S. Broomfield acknowledging receipt of
resolution regarding a Health Security Program.
Clerk read resolution from Royal Oak Township opposing House Bill #4016 regarding holding
Primary Elections in September instead of August.
Clerk read resolutions from Springfield Township and Royal Oak Township opposing the use of
County funds for building a Sports Stadium in Oakland County.
Clerk read communication from Midland County Board of Commissioners submitting a proposal to
revise the By-Laws of the Michigan Association of Counties to permit election of directors by the region
they serve. (Referred to Committee on Organization.)
The Chairman read a letter from Maurice S. Reizen, M. D., Director of the Michigan Department
of Public Health, commending Wallace Crane, Civil Defense Director, for his service and achievement in
support of Medical Self-Help training.
Misc. 5776
By Mr. Lennon
IN RE: PERINOFF Drain
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS proceedings have been taken by the Statutory Drainage Board for the construction of
the Perinoff Drain under the provisions of Act No. 40 of the Public Acts of Michigan of 1956, as amended,
pursuant to a petition filed by the City of Southfield on September 15, 1970; and
WHEREAS the said Drainage Board by resolution adopted on July 14, 1971, authorized and provided
for the issuance of bonds in the aggregate principal amount of $545,000 in anticipation of the collection
of an equal amount of special assessments against the City of Southfield, said special assessments having
been therefore duly confirmed by said Drainage Board; and
WHEREAS said bonds are to be designated Drain Bonds, are to be dated November 1, 1971, will
bear interest at a rate not exceeding 7%, and will be subject to redemption prior to maturity in accord-
ance with the provisions of the bond resolution; and
WHEREAS Section 474 of said Act No. 40, as amended, provides in part as follows:
"If any public corporation fails or neglects to account to the county treasurer for the
amount to any installment and interest, then the county treasurer shall advance the amount thereof from
county funds in the following cases:
"(1) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed after June 6, 1961 in anticipation of the collection of the installment
and interest pursuant to the provisions of this chapter and the board of supervisors has previously
acted, by a, resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit
of the county for the prompt payment of the principal of and interest on the bonds or evidence of
indebtedness, or
11 (2) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed prior to June 6, 1961 in anticipation of the collection of the install-
ment and interest pursuant to the provisions of this chapter."
WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a
resolution consenting to the pledge of the full faith and credit of the county on the aforesaid bonds;
and
WHEREAS the said drainage project is immediately necessary to protect and preserve the public
209
Commissionters Minutes Continued. August 19, 1971
health and therefore it is in the best interest of the County of Oakland that said bonds be sold.
NOW THEREFORE BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain
Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge the
full faith and credit of the County of Oakland for the prompt payment of the principal of and interest
on the said Drain Bonds, and does agree that in the event the City of Southfield shall fail or neglect
to account to the County Treasurer of the County of Oakland for the amount of any special assessment
installment and interest, for the Perinoff Drain, when due, then the amount thereof shall be immediately
advanced from County Funds, and the County Treasurer is directed to immediately make such advancement
to the extent necessary.
2. That in the event that, pursuant to said pledge of full faith and credit, the County of
Oakland advances out of County Funds, all or any part of said installment and interest, it shall be the
duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and pro-
ceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so
paid.
3, That all resolutions and parts of resolutions insofar as the same may be in conflict
with the provisions of this resolution be and the same hereby are rescinded.
Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing
resolution.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
ADOPTED
AYES: Brennan, Burley, Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton,
Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo,
Wilcox, Aaron. (23)
NAYS: None. (0)
ABSENT: Barakaf, Kasper, Patnales, Powell. (4)
Misc. 5777
By Mr. Lennon
IN RE: STEWART RELIEF DRAINS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS proceedings have been taken by the Statutory Drainage Board for the construction of
the Stewart Relief Drains under the provisions of Act No. 40 of the Public Acts of Michigan of 1956,
as amended, pursuant to a petition filed by the City of Southfield on May 12, 1969; and
WHEREAS the said Drainage Board by resolution adopted on July 14, 1971, authorized and pro-
vided for the issuance of bonds in the aggregate principal amount of $785,000 in anticipation of the
collection of an equal amount of special assessments against the City of Southfield, said special
assessments having been therefore duly confirmed by said Drainage Board; and
WHEREAS said bonds are to be designated Drain Bonds, are to be dated November 1, 1971, will
bear interest at a rate not exceeding 7'4, and will be subject to redemption prior to maturity in
accordance with the provisions of the bond resolution; and
WHEREAS Section 474 of said Act No. 40, as amended, provides in part as follows:
"If any public corporation fails or neglects to account to the county treasurer for the
amount to any installment and interest, then the county treasurer shall advance the amount thereof
from county funds in the following cases:
H(I) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed after June 6, 1961 in anticipation of the collection of the install-
ment and interest pursuant to the provisions of this chapter and the board of supervisors has previously
acted, by a resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit
of the county for the prompt payment of the principal of and interest on the bonds of evidence of
indebtedness, or
"(2) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed prior to June 6, 1961 in anticipation of the collection of the install-
ment and interest pursuant to the provisions of this chapter."
WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a
resolution consenting to the pledge of the full faith and credit of the county on the aforesaid bonds;
and
WHEREAS the said drainage project is immediately necessary to protect and preserve the public
health and therefore it is in the best interest of the County of Oakland that said bonds be sold.
NOW THEREFORE BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain
Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge
the full faith and credit of the County of Oakland for the prompt payment of the principal of and
interest on the said Drain Bonds, and does agree that in the event the City of Southfield shall fail
or neglect to account to the County Treasurer of the County of Oakland for the amount of any special
assessment installment and interest, for the Stewart Relief Drains, when due, then the amount thereof
shall be immediately advanced from County Funds, and the County Treasurer is directed to immediately
make such advancement to the extent necessary.
2. That in the event that, pursuant to said pledge of full faith and credit, the County of
Oakland advances out of County Funds, all or any part of said installment and interest, it shall be the
duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and
proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums
so paid.
3. That all resolutions and parts of resolutions insofar as the same may be in conflict
with the provisions of this resolution be and the same hereby are rescinded.
Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing
resolution.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon
Commissioners Minutes Continued. August 19, 1971 210
ADOPTED
AYES: Burley, Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten,
Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox,
Aaron, Brennan. (23)
NAYS: None. (0)
ABSENT: Barakat, Kasper, Patnales, Powell. (4)
Misc. 5778
By Mr. Lennon
IN RE: SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL PROJECT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland presently owns the following described property:
"Lots 1 through 10, both inclusive and the West 1/2 of the vacated alley adjacent to said
lots, all of "North Acres Subdivision" part of the Md 1/4 of the SW 1/4 of Section 12, T 1 N, R 11 E,
as recorded in Liber 33 of Plats, Page 22 Oakland County Records.";
WHEREAS it is necessary to acquire the following described premises:
"Lots 14 and 15 and that part of lot 54 described as beginning at the SW corner of said lot
54; thence Northeasterly along the Southerly line of said lot 54, 125.86 feet; thence Westerly to a
point on the West line of said lot 54, said point being 89.00 feet North of the SW corner of said lot
54; thence Southerly along the West line of Lot 54 89.00 feet to the point of beginning; Also the W 1/2
of the vacated alley adjacent to Lots 14 and 15 and the East 1/2 of the vacated alley adjacent to that
part of Lot 54 described above; all of "North Acres Subdivision", Part of the NW 1/4 of the SW 1/4 of
Section 12, T 1 N, R 11 E, as recorded in Liber 33 of Plats, Page 22 Oakland County Records."
for the current Southeastern Oakland County Sewage Disposal System Pollution Control Project; and
WHEREAS the County of Oakland no longer needs Lots 1 through 10, and the owners of Lots 14 and
15 and part of Lot 54 have agreed to convey Lots 14 and 15 and part of Lot 54 to the County of Oakland in
exchange for Lots 1 through 10;
NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of the Oakland County Board of
Commissioners be and they hereby are authorized to execute a Deed on behalf of the County of Oakland for
the following described property:
"Lots 1 through 10, both inclusive and the West 1/2 of the vacated alley adjacent to said
lots, all of "North Acres Subdivision" part of the NW 1/4 of the SW 1/4 of Section 12, T 1 N, R 11 E, as
recorded in Liber 33 of Plats, Page 22 Oakland County Records.".
The Public Works Committee, by Bernard F. Lennon, Chairman, moves the adoption of the foregoing
resolution.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
Moved by Lennon supported by Olson the Resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5779
Recommended by the Board of Public Works
IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - WEST BLOOMFIELD EXTENSIONS
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 CLINTON-OAKLAND SEWAGE
DISPOSAL SYSTEM - WEST BLOOMFIELD EXTENSIONS
WHEREAS the Oakland County Board of Public Works has submitted to this Board plans and
specifications and estimates of the cost and period of usefulness of the Clinton-Oakland Sewage Disposal
System - West Bloomfield Extensions, prepared by Neree D. Alix, registered professional engineer, which
have been approved by the Board of Public Works; and
WHEREAS the Oakland County Board of Public Works has approved a form of Contract to be dated
April 1, 1971, between the County of Oakland and the Township of West Bloomfield for the extension of the
Clinton-Oakland Sewage Disposal System to be known as the West Bloomfield Extensions, 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 aforesaid municipality will pay 100% of the cost of the project; and
WHEREAS the said Contract is to be executed by the said municipality.
NOW THEREFORE BE IT RESOLVED that the said plans and specifications and estimates of cost and
period of usefulness be approved and the County Clerk is hereby authorized to endorse thereon 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, a
Contract to be dated April 1, 1971, between the County of Oakland and the Township of West Bloomfield
which reads as follows:
CONTRACT
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - WEST BLOOMFIELD EXTENSIONS
THIS CONTRACT made 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 (herein-
after referred to as the "board"), party of the first part and the TOWNSHIP OF WEST BLOOMFIELD, a town-
ship corporation in the County of Oakland (hereinafter called the "municipality"), party of the second
part:
211
Commissioners Minutes Continued. August 19, 1971
W1TNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Misc. No. 4342, adopted on
June 22, 1964, did approve of establishment of the Clinton-Oakland Sewage Disposal System to serve the
Clinton-Oakland Sewage Disposal District, within which district lies part of the Township of West
Bloomfield; and
WHEREAS Act No. 185 of the Michigan Public Acts of 1957, as amended, grants to the board of
public works in any county having a department of public works, the power to acquire sewage disposal
systems as defined in said Act and to improve, enlarge and extend any system acquired pursuant thereto;
and
WHEREAS the County of Oakland, through its Board of Public Works, is acquiring and construct-
ing the said Clinton-Oakland Sewage Disposal System pursuant to the Amended Clinton-Oakland Sewage
Disposal System Contract, dated January 11, 1968, between the County of Oakland, the Charter Township
of Waterford, the Township of Avon, the Township of West Bloomfield, the Township of Independence, the
Township of Orion, and the Township of Pontiac, (said contract hereinafter referred to as the "Clinton-
Oakland Base Contract"); and
WHEREAS by the terms of said Act No. 185 the county and the municipality are authorized to
enter into a contract for the acquisition, improvement, enlargement or extension of a sewage disposal
system and for the payment of the cost thereof by the municipality with interest, over a period not
exceeding forty (40) years, and the county is then authorized, pursuant to appropriate action of its
Board of Commissioners, to issue its bonds to provide the funds therefor, secured by the full faith
and credit contractual obligation of the municipality, and upon affirmative vote of three-fifths
(3/5ths) of the members elect of the Board of Commissioners, by the full faith and credit pledge of the
county; and
WHEREAS it is now necessary for the public health and welfare of the present and future
residents of the municipality to extend, improve and enlarge the said Clinton-Oakland Sewage Disposal
System in the Township of West Bloomfield by the acquisition and construction of the so-called West
Bloomfield Extensions under the provisions of said Act No. 185 and to issue one or more series of
county bonds to finance said West Bloomfield Extensions in anticipation of the collection by the county
of amounts to become due from the municipality under this contract between the county and the munici-
pality; and
WHEREAS no other municipality in the Clinton-Oakland Sewage Disposal District will be affected
by the construction of said West Bloomfield Extensions; and
WHEREAS in order to issue such bonds, it is necessary that the county and the municipality
enter into this contract; and
WHEREAS the Oakland County Department of Public Works (hereinafter sometimes referred to as
the "DPW") has obtained plans and cost estimates for the acquisition and construction of said West
Bloomfield Extensions, prepared by Neree D. Alix, a registered professional engineer (hereinafter
sometimes referred to as the "consulting engineer") which plans and cost estimates anticipate the
acquisition and construction of said West Bloomfield Extensions will be accomplished in accordance with
the hereinafter stated provisions of this contract.
NOW THEREFORE in consideration of the premises and the covenants of each other, the parties
hereto agree as follows:
1. The county and the municipality hereby approve the extension, improvement and enlargement
of the Clinton-Oakland Sewage Disposal System by the acquisition and construction of sewage disposal
facilities to serve the Township of West Bloomfield, under and pursuant to the provisions of Act No.
185 of the Michigan Public Acts of 1957, as amended. The sewage disposal facilities to be acquired
and constructed are hereby designated the "Clinton-Oakland Sewage Disposal System - West Bloomfield
Extensions" and are hereinafter sometimes referred to as the "Extensions".
2. The facilities constituting the entire West Bloomfield Extensions project and their
general location within the municipality are shown on Exhibit A, which is attached hereto and by this
reference is made a part hereof, which facilities will be financed by the municipality and are herein-
after sometimes referred to collectively as the "project".
3. The county and the municipality hereby approve and adopt the plans and specifications
and the estimate of the total cost of the project in the amount set forth on Exhibit B attached hereto,
and the estimate of 50 years and upwards as the period of usefulness of the project, all as prepared
by the consulting engineer.
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 one or more series in the aggregate
principal amount necessary to.finance the acquisition of the project as shown on Exhibit B or such
different amount reflecting any revision in the estimate of the cost of the project as may be agreed
upon by the parties hereto, or reflecting the amount of other funds available to pay the cost of the
project, maturing serially as authorized by law, over a period of not to exceed forty (40) years,
which bonds will be secured primarily by the payments hereinafter provided to be made by the municipality,
to the making of which the full faith and credit of each is hereby pledged, and secondarily, if approved
by a three-fifths (3/5ths) majority of the members elect of the Board of Commissioners, by the full
faith and credit of the County of Oakland.
(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 necessary to the issuance of the bonds
by the Municipal Finance Commission of the State of Michigan, obtain construction bids for the project
and enter into construction contracts with the lowest responsible bidders, and sell and deliver the
bonds in the manner authorized by law.
(c) After the issuance of said bonds and the execution of construction contracts, the board
shall cause the project to be constructed within a reasonable time and do all other things required of
it under the provisions of Act No. 185 of the Public Acts of Michigan, 1957, as amended.
CLINTON- OAKLAND
INTERCEPTOR SEWER
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EXHIBI Is A ll
CLINTON-OAKLAND SAGE DISPOSAL SYS -ILL,1
WEST BLOOMF IELD TOWNSHIP EXTENSIONS Jult:
Moy 1971 Ap, "0
Mar.I971 Feb.1970
Commissioners Minutes Continued. August 19, 1971 212
5. It is understood and agreed by the parties hereto that the West Bloomfield Extensions are
to serve the municipality and not the individual property owners and users thereof, unless by special
arrangement between the board and the municipality. The responsibility of requiring connection to and
use of the facilities of the project and of providing such additional facilities, as may be needed, shall
be that of the municipality which shall cause to be constructed and maintained, directly or through the
county, any such necessary additional facilities. The county shall not be obligated to acquire or con-
struct any facilities other than those designated in paragraph 2 hereof. The West Bloomfield Extensions
are an improvement, enlargement and extension of the Clinton-Oakland Sewage Disposal System and the Base
Contract shall apply thereto except as the same may be specifically modified herein for specific appli-
cation to the project, and, in particular the provisions of paragraphs 9, 10, 11 and 16 through 24 shall
apply hereto as though set forth in full herein.
The county hereby agrees that it will secure, or cuase to be secured, and maintained dur-
ing the period of construction adequate property damage and public liability insurance covering all
facilities to be constructed pursuant to this contract. All policies and memorandums of insurance shall
provide that the county and the municipality shall be insured parties thereunder and shall contain a
provision requiring that the municipality be notified at least ten days prior to cancellation thereof.
One copy of each policy and memorandum of insurance shall be filed with the municipality.
6. The municipality shall pay to the county the entire cost of the project. The term "cost"
as used herein shall be construed to include all items of cost of the type set forth on Exhibit B attached
hereto and any other items of cost of a similar nature as may be set forth in ara revision of said Exhibit
B agreed to by the parties hereto, incurred by the county in acquiring and cansl-esYna the project, The
cost of the project will be represented by one or more series of bonds to be k ,uee by the county as
provided in paragraph 4 in the aggregate principal amount not to exceed the cost of the project, or any
portion thereof, as determined or estimated at the time or times of such issuance. The municipality
covenants and agrees to remit the amount of the principal and interest payments on said bonds so issued
and the paying agent fees and other charges to service said bonds (herein called "bond service charges"),
as hereinafter provided, which amount shall be as shown on Exhibit C attached hereto, the schedule of
annual principal payments to be made by the municipality, as subsequently modified.
Immediately upon the issuance of said bonds by the county to finance the cost oF the
project or any part thereof, the board shall notify the municipality, by written corn , ts'ca ,ions addressed
to its treasurer, of the schedule of payments of the principal of and interest on the ' is issued and
of the bond service charges to be paid by the municipality. The municipality hereby covenants and agrees,
not less than thirty (30) days prior to the due date of any principal (J or interest on such bonds to
remit to the county sufficient funds to pay the same alorp et ,th al/ e-rvice charges then due. The
obligations herein expressed shall be applicable to all bccu issued iy sha county to construct and
complete the project, or any part thereof, whether issued at one time or more than one time. It is
assumed that the aggregate principal amount of all bonds issued will represent the cost of the project.
If funds are available from the municipality or any other source to pay the cost of the project or any
portion thereof, prior to the issuance of bonds, then the obligations of the municipality shall be ad-
justed and limited accordingly. If the municipality shall fail to make any of such payments when due,
the amount thereof shall be subject to a penalty of one-half of one percent (1/2 of 1%) for each month
or fraction thereof that the same remains unpaid after the due date. The municipality may pay in advance
of maturity all or any part of an annual installment due the county, (1) by surrendering to the county,
bonds issued hereunder of a like principal amount maturing in the same calendar year, with all future due
interest coupons attached thereto, or (2) by payment in cash of the principal amount of bonds to be
called plus all interest to the first day on which such amount of bonds can be called and the amount of
premium and charges necessary to call such amount of bonds on such date.
7. After completion of the project and payment of all costs thereof, any surplus remaining
from the sale of the bonds therefor shall be used to call such bonds as are callable or to purchase bonds
on the open market and in such event the contractual obligation of the municipality in respect to the
project shall be reduced by the principal amount of bonds so called or purchased, said reduction to be
applied as to year, in accordance with the year of the maturity of the bonds so called or purchased. Any
bonds so called or purchased shall be cancelled. In the alternative, said surplus may be used at the
request of the municipality and upon approval by the Oakland County Board of Commissioners, to improve,
enlarge or extend the project.
8. If the proceeds of the sale of the original bonds to be issued by the county to finance
the project, or any part thereof, 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 Com-
missioners of Oakland County a resolution providing for the issuance of additional bonds in an amount
necessary to provide funds to complete the project in which event the duties and obligations of the board
and the municipality as expressed and set forth in this contract shall be applicable to such additional
issue of bonds as well as the original issue, it being at all times fully recognized and agreed that the
payments to be made by the municipality, in the manner specified in paragraph 6 of this contract, shall
be based upon the aggregate amount of the bonds outstanding. In lieu of the issuance of such additional
bonds, any other method may be agreed upon by the county and the municipality to provide the necessary
funds to complete the project.
9. The municipality, pursuant to the authorization of paragraph (2), Section 12 of Act 185,
Public Acts of Michigan, 1957, as amended, does hereby pledge its full faith and credit for the prompt
and timely payment of its obligations expressed in this contract and shall each year, commencing with
the year prior to the year that it will first be required to make payments to the county in accordance
with the provisions of paragraph 6 of this contract, levy a tax in an amount which, taking into con-
sideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under
this contract becoming due before the time of the following year's tax collections; PROVIDED, HOWEVER,
that if at the time of making such annual tax levy there shall be other funds on hand earmarked and
set aside for the payment of such contractual obligations falling due prior to the next tax collection
period, then the annual tax levy may be reduced by such amount. Such other funds may be raised in the
manner provided in said paragraph (2), Section 12 of Act 185, Public Acts of Michigan, 1957, or any
amendments thereto.
213
Commissioners Minutes Continued. August 19, 1971
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, or a
part of the project, which bonds shall be issued under the authorization provided in paragraph (I),
subparagraph (b), Section 11 of said Act 185, Public Acts of Michigan, 1957, as amended.
10. The municipality consents to the establishment and location of the project entirely
within its corporate limits and consents to the use of its streets, alleys and public places for the
construction thereof by the county and its contractors for which purpose this contract constitutes a
permit. The municipality further consents to the establishment and location of the project within
its respective corporate limits and consents to the use of its streets, alleys and public places for
the repair, replacement, maintenance and use of the sewage disposal facilities. Upon completion of
said Extensions the county does hereby lease the same to the municipality to operate and maintain the
same upon the following terms and conditions:
(a) The Extensions shall be used only to serve the area in the municipality which is in the
District of the Clinton-Oakland Sewage Disposal System.
(b) The municipality shall maintain said Extensions in good condition.
(c) The municipality and the county shall not permit the discharge into said System of any
storm water.
(d) The municipality shall appropriate in each year of the System such sums as shall be
sufficient at least to pay the cost of operating and maintaining the Extensions, and to establish a
fund for replacements, improvements, and major maintenance of the Extensions. In addition, the
municipality may make and collect such service charges, connection charges or special assessment 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 charges and assessments as the same shall become due.
The municipality hereby accepts the lease of the Extensions upon the terms and conditions herein set
Forth.
11. The county and the municipality each recognize that the holders from time to time of the
bonds issued by the county under the provisions of said Act 185, Public Acts of Michigan, 1957, as
amended, and secured by the full faith and credit pledge of the municipality to the making of its
payments as set forth in this contract, will have contractual rights in this contract and it is 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 so far as they pertain to the
security of any such bonds, shall be deemed to be for the benefit of the holders of said bonds.
12. 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 de-
livered by their respective duly authorized officers, all as of the day and year first above written.
TOWNSHIP OF WEST BLOOMFIELD COUNTY OF OAKLAND
By By Its Board of Public Works
Supervisor By
By Chairman
Township Clerk By
Secretary
ESTIMATE OF PROJECT COST CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM WEST BLOOMFIELD EXTENSIONS--April 1971
DESCRIPTION QUANTITY UNIT PRICE ITEM COST
36-inch Sewer 437 L. F. P 48.00 = $ 20,976.00
24-inch Sewer 11,949 L. F. @ 41.00 = 489,909.00
21-inch Sewer 2,801 L. F. @ 46.00 = 128,846.00
I8-inch Sewer 6,935 L. F. @ 37.00 - 256,595.00
15-inch Sewer 51,569 L. F. @ s 36.40 = 1,877,111.60
12-inch Sewer 4,212 L. F. @ 32.00 = 134,784.00
6-inch Houselead 22,116 L. F. @ 14.00 = 309,624.00
Standard Manhole 320 Ea. P 885.00 = 283,200.00
Special Manhole No. 1 3 Ea. P 960.00 = 2,880.00
Drop Standard Manhole 7 Ea. @ 2,000.00 = 14,000.00
15-inch Railroad Crossing 80 L. F. @ 200.00 = 16,000.00
15-inch Pile Supported Sewer 960 I. F. P 150.00 - 39,000.00
Standard Manhole-Pile Supported 2 Ea. P 3,000.o0 = 6,000.00
16-inch Force Main 3,482 L. F. P 28.00 = 97,496.00
14-inch Force Main 215 L. F. P 22.00 = 4,730.00 12-inch Force Main 4,086 L. F. @ 18.00 = 73,548.00 6 -inch Force Main 2,108 L. F. P 10.80 = 22,766.40
Clean-Out Manholes 6 Ea. P 500.00 = 3,000.00
Lift Stations L. S. . 824 000.00
CONSTRUCTION SUB-TOTAL $4,604,466.00
Commissioners Minutes Continued. August 19, 1971 214
Construction . ........ ................ $4,604,466.00
Engineering .............. ... ... 341,190.93
Inspection ................. .......... 138,133.98
Administration .......... .......... 115,111.65
Soil Borings 8,000.00
Easement Acquisition ................. 110,000.00
Legal 17,400.00
Financial 7,560.00
Contingency . . .... ............. ....... 424,137.44
Capitalized Interest on $6,200,000.00 Bond
Issue, 12 Months @ 7.0% 434,000.00
Total Project Cost $6,200,000.00
1 hereby estimate the period of usefulness to be fifty (50) years and upwards.
NEREE D. ALIX, P.E.
By
Neree D. Alix, P.E.
EXHIBIT "B"
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM WEST BLOOMFIELD EXTENSIONS
Schedule of Annual Principal Maturities
Year Principal Maturities - May 1 Year Principal Maturities - May 1
1972 -0- 1985 $ 225,000
1973 -0 7 1986 250,000
1974 $ 100,000 1987 250,000
1975 100,000 1988 275,000
1976 125,000 1989 2 75 ,000
1977 125,000 1990 300,000
1978 150,000 1991 300,000
1979 150,000 1992 325,000
1980 175,000 1993 350,000
1981 175,000 1994 350,000
1982 200,000 1995 375,000
1983 200,000 1996 400,000
1984 225,000 1997 400,000
1998 400,000
Total $6,200,000
EXHIBIT "C"
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. The motion was supported by
Mr. Daly. On roll call the resolution was adopted by the following vote:
AYES: Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Lennon,
Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron,
Barakat, Brennan, Burley. (24)
NAYS: None. (0)
Misc. 5780
Recommended by Board of Public Works
RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - WEST BLOOMFIELD EXTENSIONS
Submitted by Mr. Lennon
BOND RESOLUTION
Mr. Lennon offered the following resolution which was approved by the Board of Public Works
at their meeting of July 28, 1971:
WHEREAS the Oakland County Board of Supervisors, by Miscellaneous Resolution No. 4342, adopted
on June 22, 1964, did approve of the establishment of a sewage disposal system to be known as the
"Clinton-Oakland Sewage Disposal System" for the purpose of disposing of sanitary sewage from the
Clinton-Oakland Sewage Disposal District, within which district lies part of the Township of West
Bloomfield; and
WHEREAS the County of Oakland and the Township of West Bloomfield entered into a Contract
dated as of April 1, 1971, whereby the County agreed to construct and finance the West Bloomfield
Extensions in the Clinton-Oakland Sewage Disposal System and the Township agreed therein to pay the
total cost thereof, based upon an estimated cost of $6,200,000 and as represented by the amount of
bonds issued by the county to finance said Extensions; and
WHEREAS construction plans and specifications for the West Bloomfield Extensions as prepared
by Neree D. Alix, P.E., registered professional engineer, and an estimate of $6,200,000 as the cost of
said Extensions and an estimate of fifty (50) years and upwards as the period of usefulness thereof,
as prepared by said registered professional engineer, 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 said Township; and
WHEREAS pursuant to the provisions of said Contract of April I, 1971, the amounts of the
several annual installments to be paid by the Township are the same as the annual bond maturities here-
inafter set forth; and
WHEREAS under said Contract of April 1, 1971, the said Township is to pay annually the amount
of each annual installment to the County and in addition thereto is to pay semi-annually interest and
paying agent fees and other bond handling costs as determined pursuant to said Contract; and
215
Commissioners Minutes Continued. August 19, 1971
WHEREAS the County is desirous of issuing bonds in anticipation of the payments to be made by
the said Township under said Contract 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 Six Million Two
Hundred Thousand Dollars ($6,200,000) be issued for the purpose of defraying the cost of acquiring said
Clinton-Oakland Sewage Disposal System - West Bloomfield Extensions. The said bonds shall be known as
"Oakland County Sewage Disposal Bonds - Clinton-Oakland System, West Bloomfield Extensions"; shall be
dated November I, 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 here-
after determined not exceeding seven percent (7%) per annum, payable on May 1, 1972 and semi-annually
thereafter on the first days of May and November in each year; and shall mature on the first day of May
in each year as follows: 1990 - $300,000
1974 - $100,000 1982 - $200,000 1991 - 300,000
1975 - 100,000 1983 - 200,000 1992 - 325,000
1976 - 125,000 1984 - 225,000 1993 - 350,000
1977 - 125,000 1985 - 225,000 1994 - 350,000
1978 - 150,000 1986 - 250,000 1995 - 375,000
1979 - 150,000 1987 - 250,000 1996 - 400,000
1980 - 175,000 1988 - 275,000 1997 - 400,000
1981 - 175,000 1989 - 275,000 1998 - 400,000
Bonds maturing on or after May 1, 1983, shall be subject to redemption in inverse numerical order at
the option of the County prior to maturity on any one or more interest payment dates on and after May 1,
1982. Bonds called for redemption shall be redeemed 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 follow-
ing schedule:
3% if called to be redeemed on or after May 1, 1982, but prior to May 1, 1988;
2% if called to be redeemed on or after May 1, 1988, but prior to May 1, 1994;
1% if called to be redeemed on or after May 1, 1994, 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 1983 shall not be subject to redemption prior to maturity. All bonds
shall have proper coupons attached thereto evidencing interest to their respective dates of maturity.
2. That the principal of said bonds and the interest thereon shall be payable in lawful money
of the United States of America, at such bank and/or trust company which qualifies as a paying agent
under Federal or Michigan law and which shall be designated by the original purchaser of the bonds.
Such purchaser shall 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 of said County who is
hereby authorized and directed to deliver said bonds and attached coupons to the purchaser thereof,
upon receipt of the purchase price therefor.
4. That the said bonds are to be issued pursuant to the provisions of Act No. 185 of the
Michigan Public Acts Of 1957, as amended, in anticipation of the payments to become due to the County
from the Township of West Bloomfield under said Contract of April 1, 1971, which payments are in the
aggregate principal amount of the bonds with interest thereon as therein provided. As provided in said
Act No. 185, the full faith and credit of the Township is pledged to the making of the said payments
when due, and in addition there is hereby pledged, as authorized in said Act No. 185, the full faith
and credit of the County of Oakland to the payment of the bonds, both principal and interest, when due.
5. That all moneys paid to the County by the said Township pursuant to said Contract of
April 1, 1971, shall be set aside by the County Treasurer in a separate fund and bank account to be
used solely for the payment of the principal of and interest on the bonds herein authorized. Interest
payable on the bonds on May 1, 1972, and November 1, 1972, is capitalized and is payable from the
proceeds of said bonds.
6. That said bonds and attached coupons shall be substantially in the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY SEWAGE DISPOSAL BOND - CLINTON-OAKLAND SYSTEM, WEST BLOOMFIELD EXTENSIONS
Number $5,000
KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acknowledges
itself indebted and for value received, promises to pay to the bearer hereof the 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 centun per annum, payable May 1, 1972 and thereafter 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.
Commissioners Minutes Continued. August 19, 1971 216
This bond is one of a series of bonds of like date and tenor except as to maturity
, numbered consecutively in the direct order of their maturities from 1 to 1240,
both inclusive, aggregating the principal sum of Six Million Two Hundred Thousand Dollars ($6,200,000),
issued under and pursuant to and in full conformity with the Constitution and itatutes of the State of
Michigan, and especially Act No. 185 of the Michigan Public Acts of 1957, a amended, for the purpose
of defraying the cost of the Clinton-Oakland Sewage Disposal System - West so omlield Extensions.
Bonds of this series maturing prior to May 1, 1983, are not sLbjk2..t to redemption prior to
maturity. Bonds maturing on or after May 1, 1983 shall be subject to redemption in inverse numerical
order, at the option of the County prior to maturity on any one or more interest payment dates on and
after May 1, 1982. Bonds called for redemption shall be redeemed at the par value thereof and accrued
interest plus a prmium on each bond computed as a percentage of the face amount thereof in accordance
with the following schedule:
3% if called to be redeemed on or after May 1, 1982, but prior to May 1, 1988;
2% if called to be redeemed on or after May 1, 1988, but prior to May 1, 1994;
1% if called to be redeemed on or after May 1, 1994, but prior to maturity.
Notice of redemption shall be given to the holders of bonds called for redemption 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 fixed for redemption, provided funds are on hand with the paying agent to redeem
the same.
This bond as to both principal and interest, is payable from moneys to be paid to the County
of Oakland by the Township of West Bloomfield pursuant to a certain Contract dated April 1, 1971, between
the County of Oakland and said Township whereby the said Township agrees to pay to the said County the
cost of said Clinton-Oakland Sewage Disposal System - West Bloomfield Extensions in annual installments
in the same amounts as the annual maturities of the bonds of this issue and semi-annually to pay the
amount of the interest and bond handling charges such payments to be made at least thirty (30) days prior
to the respective due dates specified in this bond. The full faith and credit of said Township is
pledged for the prompt payment of its obligation pursuant to said Contract, and in addition, by affirmative
vote of three-fifths (3/5ths) of the members elect of its Board of Commissioners the full faith and
credit of the County of Oakland is pledged to the payment of this bond, principal and interest, when due.
It is hereby certified, recited and declared that all acts, conditions and things required to
exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed,
have happened and have been performed in due time, form and manner as required by the Constitution and
Statutes of the State of Michigan, and that the total indebtedness of said County, including this series
of bonds, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused
this bond to be signed in its name by the Chairman of said Board of Commissioners and by the County Clerk
of the County, and its corporate seal to be affixed hereto, and has caused the annexed interest coupons
to be executed with the facsimile signatures of said Chairman and County Clerk, all as of the first day
of November, A.D. 1971.
COUNTY OF OAKLAND, MICHIGAN
By
sioners
BY
(SEAL) (COUPON)
Number
On the 1st day of , A.D. 19_, the County of Oakland, Michigan, will pay to the
bearer hereof the sum shown hereon in lawful money of the United States of America, at the
, in the City of , same being the interest due on that
day on its Oakland County Sewage Disposal Bond - binton-Oakland System, West Bloomfield Extensions,
dated November 1, 1971, No.
(FACSIMILE) (FACSIMILE)
County Clerk Chairman of the Board of Commissioners
7. That the said bonds shall not be issued until the Municipal Finance Commission of the State
of Michigan shall have first issued its order granting permission to so do, as provided in Act No. 202
of the Michigan Public Acts of 1943, as amended, and the Board of Public Works through its Director is
hereby authorized and directed to make application to said commission for the issuance of such order.
8. The Board of Public Works is hereby authorized to sell said bonds at not less than par and
accrued interest in accordance with the laws of this state and to do all things necessary to effect the
sale and issuance of said bonds, subject to the provisions of this resolution.
9. All resolutions and parts of resolutions, insofar as the same may be in conflict herewith,
are hereby rescinded.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
Mr. Lennon moved the adoption of the foregoing resolution, which motion was supported by
Mr. Szabo:
On roll call, the resolution was adopted by the following vote;
YEAS: Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Lennon,
Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat,
Brennan, Burley. (24)
NAYS: None. (0)
ABSENT: Kasper, Patnales, Powell. (3)
County Clerk
217
Commissioners Minutes Continued. August 19, 1971
Misc. 5781
Recommended by Board of Public Works
RE: WIXOM SEWAGE DISPOSAL SYSTEM EXTENSION NO. I
Submitted by Mr. Lennon
Mr. Chairman, Ladies and Gentlemen:
I offer the following resolution, which was approved and recommended by the Board of Public
Works and the Public Works Committee:
RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO WIXOM SEWAGE DISPOSAL
SYSTEM EXTENSION NO. 1
WHEREAS the Oakland County Board of Supervisors by resolution, Miscellaneous No. 4419 adopted
on February 23, 1965, established the Wixom Sewage Disposal System to serve all of the area in the City
of Wixom designated as the Wixom Sewage Disposal District and the County of Oakland through its Board
of Public Works did contract with the City of Wixom under date of October 1, 1965, in respect to the
construction, operation and financing of said system; and
WHEREAS the Board of Public Works has now submitted to this Board plans and specifications for
the Wixom Sewage Disposal System - Extension No. 1, an estimate of cost and an estimate of the period
of usefulness thereof, prepared by Hubbell, Roth and Clark, 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 Contract to be dated
as of April 1, 1971, between the County of Oakland and the City of Wixom providing for the construction,
operation and financing of the Extension No. 1 to the Wixom 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 City of Wixom 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 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, a
Contract to be dated as of April 1, 1971, between the County of Oakland and the City of Wixom, which
reads as follows:
CONTRACT
WIXOM SEWAGE DISPOSAL SYSTEM
EXTENSION NO. 1
THIS CONTRACT, made as of the 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 CITY OF WIXOM, a home
rule city corporation in the County of Oakland (hereinafter called the "municipality"), party of the
second part:
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by Resolution, Misc. No. 4419, adopted on
February 23, 1965, did approve of establishment of the Wixom Sewage Disposal System to serve the Wixom
Sewage Disposal District, within which district lies all of the municipality; and
WHEREAS Act No. 185 of the Michigan Public Acts of 1957, as amended, grants to the board of
public works in any county having a department of public works, the power to acquire sewage disposal
systems as defined in said Act and to improve, enlarge and extend any system acquired pursuant thereto;
and
WHEREAS the County of Oakland, through its Board of Public Works, has acquired and constructed
the said Wixom Sewage Disposal System pursuant to the Wixom Sewage Disposal System Contract, dated
October 1, 1965, between the County of Oakland and the City of Wixom, (said contract hereinafter referred
to as the "Base Contract"); and
WHEREAS by the terms of said Act No. 185 the county and the municipality are authorized to
enter into a contract for the acquisition, improvement, enlargement or extension of a sewage disposal
system and for the payment of the cost thereof by the municipality with interest, over a period not
exceeding forty (40) years, and the county is then authorized, pursuant OD appropriate action of its
Board of Commissioners, to issue its bonds to provide the funds therefor, secured by the full faith
and credit contractual obligation of the municipality, and upon affirmative vote of three-fifths (3/5ths)
of the members elect of the Board of Commissioners, by the full faith and credit pledge of the county;
and
WHEREAS it is now necessary for the public health and welfare of the present and future residents
of the municipality to extend, improve and enlarge the said Wixom Sewage Disposal System in the munici-
pality by the acquisition and construction of the so-called Extension No. 1 in anticipation of the
collection by the county of amounts to become due from the municipality under this contract between the
county and the municipality; and
WHEREAS no other municipality in the Wixom Sewage Disposal District will be affected by the
construction of said Extension No. 1; and
WHEREAS in order to issue such bonds, it is necessary that the county and the municipality
enter into this contract,
NOW THEREFORE in consideration of the premises and the covenants of each other, the parties
hereto agree as follows:
1. The county and the municipality hereby approves the extension, improvement and enlargement
of the Wixom Sewage Disposal System by the acquisition and construction of sewage disposal facilities to
serve the municipality, under and pursuant to the provisions of Act No. 185 of the Michigan Public Acts
of 1957, as amended. The sewage disposal facilities to be acquired and constructed are hereby designated
the "Extension No. I" of the Wixom Sewage Disposal System.
2. The facilities constituting the entire Extension No. 1 project and their general location
Commissioners Minutes Continued. August 19, 1971 218
within the municipality are shown on Exhibit "A" which is attached hereto and by this reference is made
a part hereof. The Extension No. 1 of the Wix-m aawage Disposal System is hereafter sometimes referred
to as the "project".
3. The county and the municipality hereba aepi)ve and adopt the estimate of the cost of the
project in the amount set forth on Exhibit "B" at'oak , l;reto, and the estimate of 50 years and upwards
as the period of usefulness of the project, all as pr.' ,a,-- by the consulting engineer.
4. After the execution of this contract by f 'a county and the municipality, the board shall
take the following steps:
(a) Order final plans and specifications for the project from the consulting engineer.
(b) 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 one or more series in the aggregate
principal amount necessary to finance the acquisition of the project as shown on Exhibit B or such
different amount reflecting any revision in the estimate of the cost of the project as may be agreed
upon by the parties hereto, or reflecting the amount of other funds available to pay the cost of the
project, maturing serially as authorized by law, over a period of not to exceed forty (40) years, which
bonds will be secured primarily by the payments hereinafter provided to be made by the municipality, to
the making of which its full faith and credit is hereby pledged, and secondarily, if approved by a three-
fifths (3/5ths) majority of the members elect of the Board of Commissioners, by the full faith and credit
of the County of Oakland.
(c) After the Board of Commissioners of Oakland County has adopted the bond resolution, the
board will take all necessary procedures to obtain the approvals necessary to the issuance of the bonds
by the Municipal Finance Commission of the State of Michigan, obtain construction bids for the project
and enter Into construction contracts with the lowest retreansible bidders, and sell and deliver the bonds
in the manner authorized by law.
(a) After the issuance of said bonds and th :caution of construction contracts, the board
shall cause the project to be constructed within e r. inable time and do all other things required of
it under the provisions of Act No, 185 of the Public ; of Michigan, 1957, as amended.
5. It is understood and agreed by the parti, hereto that the project is to serve the munici-
pality and not the individual property owners and use s thereof, unless by special arrangement between
the board and the municipality. The responsibility of requiring connection to and use of the facilities
of the project and of providing such additional facilities, as may be needed, shall be that of the
municipality which shall cause to be constructed and maintained, directly or through the county, any such
necessary additional facilities. The county shall rust be obligated to acquire or construct any facilities
other than those designated in paragraph 2 hereof. The project is an improvement, enlargement and
extension of the Wixom Sewage Disposal System arc: lIa Eeee Contract shall apply thereto except as the
same may be specifically modified herein for spa 1H' application to the pToject, and, in particular the
provisions of paragraphs 6 and 8 of the Base Contract shall apply hereto as though set forth in full here-
In.
The county hereby agrees that it will secure, or cause to be secured, and maintained during the
period of construction adequate property damage and public liability insurance covering all facilities
to be constructed pursuant to this contract. All policies of insurance shall provide that the county
and the municipality shall be insured parties thereunder and shall contain a provision requiring that
the municipality be notified at least ten days prior to cancellation thereof. One copy of each policy
of insurance shall be filed with the municipality.
6. The municipality shall pay to the county the entire cost of the project. The term "cost"
as used herein shall be construed to include all items of cost of the type set forth on Exhibit "B"
attached hereto and any other items of cost of a similar nature as may be set forth in any revision of
said Exhibit "B" agreed to by the parties hereto, incurred by the county in acquiring and constructing
the project. The cost of the project will be represented by one or more series of bonds to be issued by
the county as provided in paragraph 4 in the aggregate principal amount not to exceed the cost of the
project, or any portion thereof, as determined or estimated at the time or times of such issuance. The
municipality covenants and agrees to remit the principal and interest payments on said bonds so issued
and the paying agent fees and other charges to service said bonds (herein called "bond service charges"),
as hereinafter provided, which interest payments shall be determined by applying to said principal pay-
ments the rate or rates of interest borne by the county bonds when sold and delivered. Shown on Exhibit
"C" is the schedule of annual principal payments to be made by the municipality.
Immediately upon the issuance of said bonds by the county to finance the cost of the project
or any part thereof, the board shall notify the municipality, by written communication addressed to its
treasurer, of the schedule of payments of the principal of and interest on the bonds so issued and of
the bond service charges to be paid by the municipality. The municipality hereby covenants and agrees,
not less than thirty (30) days prior to the due date of any principal of or interest on such bonds, to
remit to the county sufficient funds to pay the same along with any bond service charges then due. The
obligations herein expressed shall be applicable to all bonds issued by the county to construct and
complete the project, or any part thereof, whether issued at one time or more than one time. It is
assumed that the aggregate principal amount of all bonds issued will represent the cost of the project.
If funds are available from the municipality or any other source to pay the cost of the project or any
portion thereof, prior to the issuance of bonds, then the obligation of the municipality shall be
adjusted and limited accordingly. If the municipality shall fail to make any of such payments when due,
the amount thereof shall be subject to a penalty of one-half of one percent (1/2 of for each month
or fraction thereof that the same remains unpaid after the due date. The municipality may pay in ad-
vance of maturity all or any part of an annual installment due the county, (1) by surrendering to the
county, bonds issued hereunder of a like principal amount maturing in the same calendar year, with all
future due interest coupons attached thereto, or (2) by payment in cash of the principal amount of bonds
to be called plus all interest to the first day on which such amount of bonds can be called and the
amount of premium and charges necessary to call such amount of bonds on such date.
7. After completion of the project and payment of all costs thereof, any surplus remaining
from the sale of the bonds therefor shall be used to call such bonds as are callable or to purchase
bonds on the open market and in such event the contractual obligation of the municipality in respect to
219
Commissioners Minutes Continued. August 19, 1971
the project shall be reduced by the principal amount of bonds so called or purchased, said reduction
to be applied as to year, in accordance with the year of the maturity of the bonds so called or pur-
chased. Any bonds so called or purchased shall be cancelled. In the alternative, said surplus may
be used at the request of the municipality and upon approval by the Oakland County Board of Commis-
sioners, to improve, enlarge or extend the project.
8, If the proceeds of the sale of the original bonds to be issued by the county to finance
the project, or any part thereof, are for any reason insufficient to complete the project in accord-
ance with the plans and specifications therefor, the board shall, if necessary, submit to the Board of
Commissioners of Oakland County a resolution providing for the issuance of additional bonds in an
amount necessary to provide funds to complete the project in which event the duties and obligations of
the board and the municipality as expressed and set forth in this contract shall be applicable to such
additional issue of bonds as well as the original issue, it being at all times fully recognized and
agreed that the payments to be rode by the municipality, in the manner specified in paragraph 6 of this
contract, shall be based upon the aggregate amount of the bonds outstanding. In lieu of the issuance
of such additional bonds, any other method may be agreed upon by the county and the municipality to
provide the necessary funds to complete the project.
9. The municipality, pursuant to the authorization of paragraph (2), Section 12 of Act 185,
Public Acts of Michigan, 1957, as amended, does hereby pledge its full faith and credit for the prompt
and timely payment of its obligations expressed in this contract and shall each year, commencing with
the year prior to the year that it will first be required to make payments to the county in accordance
with the provisions of paragraph 6 of this contract, levy a tax in an amount which, taking into con-
sideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under
this contract becoming due before the time of the following year's tax collections; PROVIDED, HOWEVER,
that if at the time of making such annual tax levy there shall be other funds on hand earmarked and set
aside for the payment of such contractual obligations falling due prior to the next tax collection
period, then the annual tax levy may be reduced by such amount. Such other funds may be raised in the
manner provided in said paragraph (2), Section 12 of Act 185, Public Acts of Michigan, 1957, or any
amendments thereto.
10. 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, or a
part 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,
11. The municipality consents to the establishment and location of the project within its
corporate limits and consents to the use of the streets, alleys and public places of the municipality
for the location, construction, repair, replacement, maintenance and use of the sewage disposal
facilities of the project. After completion, the project shall be used for the treatment of sanitary
sewage within the municipality and for ultimate disposal thereof. Upon completion of the project the
county hereby leases the facilities constituting the project to the municipality upon the same terms
and conditions as are set forth in paragraph 13 of the Base Contract.
The municipality agrees to lease the project from the county upon said terms and conditions
and for the period of the Base Contract and agrees to pay the additional sum of S1.00 per year on
January 1st of each year commencing January 1, 1972, and in addition to perform its covenants and
agreements set forth in this contract and the Base Contract as a rental for said project.
12. The county and the municipality each recognize that the holders from time to time of the
bonds issued by the county under the provisions of said Act 185, Public Acts of Michigan, 1957, as amend-
ed, and secured by the full faith and credit pledge of the municipality to the making of its payments as
set forth in this contract, will have contractual rights in this contract and it is therefore covenanted
and agreed by each of them that so long as any of said bonds shall remain 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 respect-
ive 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.
13. This contract shall become effective upon approval by the legislative body of the munici-
pality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of Oakland
County, and duly executed by the authorized officers of the municipality and of the Board of Public
Works. It shall terminate when the Base Contract terminates. 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.
CITY OF WIXOM COUNTY OF OAKLAND
By By Its Board of Public Works
Mayor By
By_ Chairman
By
Secretary
City Cle
4.g Ki
POSED FLOOD
GATION VEA EXIST. SeR A
FELD ;
i,+ ---
EXIST. SEWER
SYSTEM'
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• WIXOM, MICHIGAN
EXHIBIT "A"
Commissioners Minutes Continued. August 19, 1971 220
July 23, 1971
WIXOM SEWAGE DISPOSAL SYSTEM - EXTENSION NQ. I
ESTIMATE OF COST
* Treatment Plant Expansion - STAGE 11 AND STAGE III ........ $682,100.00
Engineering 50,100.00
Inspection 13,650.00
Legal 2,800.00
Financial 2,540.00
Administration ..... .................... ......... ...... . 20,500.00
Soil Borings and Ground Water Investigation ................. 10,000.00
SUB - TOTAL ...... -a45,000.00
Less 75% Grant based on Eligible Costs of
($795,330.00) ......... ............. ............ ..........
SUB - TOTAL ...........
2a6,00.00
2fia,5no.00
Capitalized Interest @ 7.5% for 18 Months ..........-........ 31,500.00
TOTAL PROJECT COST .... $280,000.00
I hereby estimate the period of usefulness of this facility to be fifty (50) years and up-
wards.
HUBBELL, ROTH & CLARK, INC.
By:
James W. Hubbell, P.E., #11661
EXHIBIT "B"
July 23, 1971
WIXOM SEWAGE DISPOSAL SYSTEM
EXTENSION NO, 1
TENTATIVE SCHEDULE OF PRINCIPAL AND INTEREST PAYMENTS
PRINCIPAL INTEREST @ 7.5% TOTAL PRINCIPAL
YEAR DUE MAY 1 DUE MAY 1 DUE NOV. 1 AND INTEREST
1972 --- $10,500(*) $10,500(*) ---
1973 --- 10,500(*) 10,500 $ 10,500
1974 $ 20,000 10,500 9,750 40,250
1975 20,000 9,750 9,000 38,750
1976 30,000 9,000 7,875 46,875
1977 30,000 7,875 6,750 44,625
1978 40,000 6,750 5,250 52,000
1979 40,000 5,250 3,750 49,000
1980 50,000 3,750 1,875 55,625
1981 50,000 1,875 -0- 51,875
$280,000 $54,750 $54,750 $389,500
(*) Capitalized Interest
EXHIBIT "C"
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
Supported by Mr. Coy. Bernard F. Lennon, Chairman
AYES: Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Lennon,
Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron,
Barakat, Brennan, Burley. (24)
NAYS: None. (0)
ABSENT: Kasper, Patnales, Powell. (3)
Motion carried.
Misc. 5782
By Mr. Lennon
IN RE: AGREEMENT FOR JOINT FEASIBILITY STUDY - PROPOSED SOLID WASTE DEMONSTRATION GRANT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the City of Pontiac and the County of Oakland, through its Public Works Committee,
have engaged in conferences and preliminary discussions concerning the solution to problems attending
the necessity for designing, constructing and operating certain sanitary landfill operations at the site
of the City of Pontiac Collier Road Landfill; and
WHEREAS the City of Pontiac and the County of Oakland find it necessary to engage the services
of an engineering firm to prepare preliminary engineering feasibility drawings, cost estimates, budgets
of operation all as necessary to file an application for solid waste demonstration grant with the
Environmental Protection Agency; and
WHEREAS the City of Pontiac by resolution through its City Commission has taken action on the
Agreement for the joint feasibility study for the grant application, total cost for the study is $9,000
to be financed on a 50/50 basis, the County's share being $4,500.00,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a joint
feasibility study for the filing of a solid waste demonstration grant and that the Chairman of the Board
of Commissioners and the County Clerk are hereby authorized to execute said agreement in an amount not to
221
Commissioners Minutes Continued. August 19, 1971
exceed $4,500.00 as the County's pro-rata share.
The Public Works Committee, by Bernard F. Lennon, Chairman, moves the adoption of the fore-
going resolution.
PUBLIC WORKS COMMITTEE
Bernard F. Lennon, Chairman
The Chairman referred the resolution to the Finance Committee.
Misc. 5783
By Mr. Daly
IN RE: MEMBERSHIP ON BOARD OF INSTITUTIONS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS there exists a vacancy on the County Board of Institutions due to the resignation of
Charles B. Edwards, Jr. from the Board of Institutions; and
WHEREAS your Committee recommends that Commissioner Dale C. Burley be appointed to the County
Board of Institutions,
NOW THEREFORE BE IT RESOLVED that Commissioner Dale C. Burley be and he is hereby appointed
to the Oakland County Board of Institutions for the unexpired term ending December 31, 1971:
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Lennon the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5784
By Mr. Daly
IN RE: MEMBERSHIP ON BUILDING AUTHORITY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS there exists a vacancy on the Oakland County Building Authority due to the resignation
of Everett E. Baggerly; and
WHEREAS your Committee recommends that John R. Muiroy be appointed to the County Building
Authority,
NOW THEREFORE BE IT RESOLVED that John R. Mulroy be and he is hereby appointed to the
Oakland County Building Authority for the unexpired term ending December 31, 1973.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Lennon the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5785
By Mr. Daly
IN RE: MEMBERSHIP ON COUNTY ELECTION SCHEDULING COMMITTEE
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County Election Scheduling Committee is composed of one Township Clerk, one City
Clerk and one member of the Board of Education of a School District; and
WHEREAS there exists a vacancy on the County Election Scheduling Committee by reason of the
School Board member not running for re-election to his School Board; and
WHEREAS your Committee recommends that Aldo Vagnozzi be appointed to the County Election
Scheduling Committee as a representative from a School Board,
NOW THEREFORE BE IT RESOLVED that Aldo Vagnozzi, Farmington School Board of Education member,
be and he is hereby appointed to the County Election Scheduling Committee for the unexpired term end-
ing December 31, 1971.
The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Lennon the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5786
By Mr. Daly
IN RE: COMPENSATION FOR MEMBERS OF THE OAKLAND COUNTY BOARD OF COMMISSIONERS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No. 5564, dated December 17, 1970, the Oakland County
Commissioners Minutes Continued. August 19, 1971 222
Board of Commissioners established the total maximum compensation for its members at $9,200.00 per year
and further provided that a member may be paid for only one meeting per day; and
WHEREAS because of the scheduling of committee meetings some members are attending two
regularly scheduled meetings per day which is creating an injustice to those members; and
WHEREAS members of the Board of Commissioners who are required by the schedule of committee
meetings to attend two meetings in one day should be entitled to compensation for those meetings,
NOW THEREFORE BE IT RESOLVED that members shall be paid for attending two committee meetings
in one day at the rate of $35.00 per meeting, effective July 1, 1971 and terminating December 31, 1971,
except, no member shall be paid for attending a committee meeting which he attends on the same day he
is paid for attending a Board of Commissioners meeting.
BE IT FURTHER RESOLVED that in no event shall the compensation of the Oakland County Board
of Commissioners exceed the flat rate salary of $6,200.00 and a maximum per meeting compensation of
$3,000.00 per year, the total compensation of Board members not to exceed the sum of $9,200.00 per year.
The Committee on Organization, By Mr. Patrick K. Daly, Chairman, moves the adoption of the
foregoing resolution.
COMMITTEE ON ORGANIZATION
Patrick K. Daly, Chairman
Moved by Daly supported by Mainland the resolution be adopted.
Discussion followed.
Moved by Richardson supported by Aaron the fourth paragraph be amended by adding the words
"regularly scheduled" between 'two' and 'committee'.
Discussion followed.
AYES: Horton, Houghten, Richardson, Wilcox, Coy. (5)
NAYS: Daly, Dearborn, Edwards, Hamlin, Harrison, Lennon, Mainland, Mathews, Olson, Perinoff,
Pernick, Richards, Simson, Szabo, Aaron, Barakat, Brennan, Burley. (18)
A sufficient majority not having voted therefor, the motion lost.
Vote on resolution:
AYES: Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Lennon, Mainland, Mathews, Olson,
Perinoff, Simson, Szabo, Barakat, Brennan, Burley, Coy. (17)
NAYS: Houghten, Pernick, Richards, Richardson, Aaron, Daly. (6)
ABSTAIN: Wilcox. (1)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
By Mr. Pernick
IN RE: MISCELLANEOUS RESOLUTION NO. 5720
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
Pursuant to referral by this Board, the Legislative Committee has considered Miscellaneous
Resolution No. 5720, dated May 20, 1971, a copy of which is attached hereto, and reports that it
concurs in the recommendation of the Finance Committee that said Resolution not be adopted.
The Legislative Committee, by Mr. Lawrence R. Pernick, Chairman, moves the adoption of the
foregoing report.
LEGISLATIVE COMMITTEE
Lawrence R. Pernick, Chairman
"Misc. 5720 May 20, 1971
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"
Moved by Pernick supported by Burley the report be adopted.
223
Commissioners Minutes Continued. August 19, 1971
Discussion followed.
A sufficient majority having voted therefor, the motion carried.
REPORT July I, 1971
By Mr. Brennan
IN RE: MISCELLANEOUS RESOLUTION NO. 5720
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Finance Committee Reports Miscellaneous Resolution No. 5720, dated May 20, 1971, a copy
of which is attached hereto, with the recommendation that said Resolution not be adopted.
The Finance Committee, by Mr. James M. Brennan, Chairman, moves the adoption of the foregoing
report.
FINANCE COMMITTEE
James M. Brennan, Chairman
Moved by Brennan supported by Olson the report be adopted.
A sufficient majority having voted therefor, the motion carried.
Moved by Brennan supported by Gabler that Resolution #5720, Fiscal Responsibility Incentive
Compensation Program, be adopted.
AYES: Gabler, Horton, Mainland, Olson, Simson, Szabo, Aaron, Brennan. (8)
NAYS: Edwards, Hamlin, Harrison, Houghten, Lennon, Mathews, Perinoff, Pernick, Richards,
Richardson, Wilcox, Barakat, Burley, Coy, Daly, Dearborn. (16)
A sufficient majority not having voted therefor, the motion lost.
Misc. 5787
By Mr. Barakat
IN RE: ESTABLISHING A COUNTY LIBRARY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 138 of the Public Acts of 1917, as amended, permits a county to establish a
county library; and
WHEREAS a Public Hearing was held at 7:30 o'clock P. M. on the 8th day of July, 1971, on the
question of establishing an Oakland County Library; and
WHEREAS your Committee recommends that pursuant to the provisions of Act 138 of the Public
Acts of 1917, as amended, a County Library be established,
NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 138 of the Public Acts
of 1917, as amended, the County of Oakland establish an Oakland County Public Library.
Mr. Chairman, on behalf of the Local and Regional Affairs Committee, I move the adoption of
the foregoing resolution.
LOCAL AND REGIONAL AFFAIRS COMMITTEE
Joseph L. Barakat, Chairman
Moved by Barakat supported by Mainland the resolution be adopted.
Discussion followed.
Mr. Mainland requested that C. Hugh Dohany ; Chairman of the County Library Board, be allowed
to address the Board. There were no objections. Mr. Dohany spoke to the Board.
Discussion followed.
Mr. Harrison moved the previous question. Supported by Mr. Lennon.
The Chairman stated that those in favor of calling the question, say 'Aye', and those
opposed, say 'No'.
The vote was as follows:
AYES: Gabler, Hamlin, Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff,
Pernick, Richards, Richardson, Wilcox, Burley, Coy, Daly, Edwards. (18)
NAYS: Simson, Szabo, Aaron, Barakat, Brennan, Dearborn. (6)
A sufficient majority having voted in favor of calling the question, the question was called
on the main motion.
The vote was as follows:
AYES: Hamlin, Houghten, Mainland, Richardson, Simson, Wilcox, Coy, Dearborn. (8)
NAYS: Harrison, Horton, Lennon, Mathews, Olson, Perinoff, Pernick, Richards, Szabo, Aaron,
Barakat, Brennan, Burley, Daly, Edwards, Gabler. (16)
A sufficient majority not having voted therefor, the motion lost.
Commissioners Minutes Continued. August 19, 1971 224
Misc. 5785
By Mr. Mainland
IN RE - 1i105a:gTS, OAKLAND COUNTY EMPLOYEES' RETIREMENT SYSTEM
To t,la 0elie,1,! County Board of Commissioners
Mr. Chaiman, Ladies and Gentlemen:
WHEREAS the Oakland County Employees' Retirement Commission has recommended that Sections 25,
33, 34 and 34.1 of the Oakland County Employees' Retirement System be amended to increase the maximum
age and service and disability pension from 1/2 to 3/4 of the final average compensation and to increase
the maximum cl.Jty death pension to the greater of (0 $4,800, and (ii) 3/4 of the final average compen-
sation in order to avoid cutbacks in retirement allowances to certain long term employees; and
WHEREAS your Committee concurs in those recommendations,
NOW THEREFORE BE IT RESOLVED that Sections 25, 33, 34 and 34.1 be amended to read as follows:
Retirement Allowance:
Section 25. (a) Upon a member's retirement as provided in this resolution, he shall receive
a straight life retirement allowance. Prior to the date of his retirement he may elect to receive his
retirement allowance under an option provided in section 27 in lieu of a straight life retirement
allowance. His straight life retirement allowance shall consist of:
(1) An annunity which shall be the actuarial equivalent of his accumulated contributions
standing to his credit in the employees savings fund at the time of his retirement; and
(2) A pension which when added to his annuity will provide a retirement allowance equal
to the number of years, and fraction of a year, of his credited service multiplied by the sum of 1.45
percent of the first $4,200 of his final average compensation and 1,7 percent of the portion, if any,
of his final average compensation which is in excess of $4,200. His pension provided in this paragraph
shall not exceed $1,800 a year or xxx 3/4 of his final average compensation, whichever is greater.
(b) According to such rules and regulations as the Commission may from time to time adopt,
any member who retires prior to his attainment of age 65 years may elect to have his straight life re-
tirement allowance actuarilly equated to provide an increased retirement allowance payable to his attain-
ment of age 65 years and a reduced retirement allowance payable thereafter. His increased retirement
allowance payable to his attainment of age 65 years shall approximate the sum of his reduced retirement
allowance to be payable after his attainment of age 65 years and his estimated social security primary
insurance amount. This subsection shall not apply to a member who retires prior to his attainment of
age 60 years, or who elects to receive his retirement allowance under an option provided in section 27.
Duty Disability Retirement Allowance:
Section 33. Upon a member's retirement on account of disability, as provided in section 32,
he shall receive a disability retirement allowance provided in section 25, subsection (a). !f his
retirement occurs prior to his attainment of age 60 years the credited service used in computing his
retirement allowance shall be the sum of (1) his credited service in force at the time of his retirement,
and (2) the number of years, and fraction of a year, in the period from the date of his retirement to
the date he would attain age 60 years. His straight life retirement allowance (1) shall not be less
than 17% of his final average compensation nor shall the pension portion thereof exceed xxx a per-
cent of his final average compensation, and (2) shall be subject to sections 35 (a) and 36. Prior to
the date of his retirement he may elect to receive his retirement allowance under an option provided
in section 27 in lieu of a straight life retirement allowance.
Duty Death Benefits:
Section 34. In the event (1) a member dies as the result of a personal injury or disease
arising out of and in the course of his employment by the County, or (2) a disability retirant dies
prior to his attainment of age 60 years and within 3 years from and after the date of his retirement,
as the result of the same injury or disease for which he retired, and in either case his death, injury
or disease resulting in death, be found by the Commission to have occurred as the natural and proximate
result of causes arising out of and in the course of his actual performance of duty in the employ of the
County, the applicable benefits hereinafter provided in this section shall be paid, subject to the con-
dition that workmen's compensation is paid on account of the death of the member or retirant and subject
to paragraph (e).
(a) In the case of a deceased member, his accumulated contributions standing to his credit
in the employees savings fund at the time of his death shall be paid in accordance with section 37.
(b) The widow to whom the deceased member or retirant was married at the time his employ-
ment by the County last terminated shall receive a pension equal to her weekly workmen's compensation
converted to an annual basis. A widow's pension shall begin upon termination of her workmen's com-
pensation period, if she has not remarried, and shall terminate upon her remarriage or death.
(c) Each unmarried child under age 18 years of the deceased member or retirant shall
receive a pension equal to the child's weekly workmen's compensation converted to an annual basis,
A child's pension shall begin upon termination of his workmen's compensation period and shall terminate
upon his adoption, marriage, attainment of age 18 years, or death, whichever occurs first. Should the
widow's pension terminate as provided in subsection (b) of this section, and should the deceased
member's or retirant's child or children, eligible to a child's pension provided in this subsection,
survive the widow, each such child's pension shall be increased by an equal share of the widow's
pension.
(d) The parent or parents of the deceased member or retirant shall each receive a pension
equal to the parent's weekly workmen's compensation converted to an annual basis. The parent's pension
shall begin upon termination of his workmen's compensation period and shall terminate upon his re-
marriage or death.
(e) In no case shall the sum of the annual benefits provided in paragraphs (b), (c) and
(d) of this section exceed the greater of (i) xxx $4,8000; and (ii) 2% of the deceased member's
average final compensation multiplied by his credited service not to exceed xxx 37.5 years.
Section 34.1. (a) For a monthly benefit becoming effective on or after January 1, 1969
and beginning with the May first which is at least 12 full months after the effective date of the
benefit, the amount of the benefit shall be redetermined effective each May first and such redetermined
amount shall be payable for the ensuing year. Subject to the maximum stated in the next sentence, such
225
Commissioners Minutes Continued. August 19, 1971
redetermined amount shall be the amount of the benefit otherwise payable multiplied by the following
percent; 100.0 percent, plus 1.5 percent for each full year (excluding any fraction of a year) in
the period from the effective date of the benefit to the current May first. In no event shall such
redetermined amount (i) be less than the amount of the benefit otherwise payable nor (ii) be more
than the amount of the benefit otherwise payable multiplied by the following fraction: the numerator
shall be the average of the Consumer Price Index for the 12 calendar months in the calendar year
immediately preceding such May first (but in no event an amount less than the denominator below) and;
the denominator shall be the average of the Consumer Price Index for the 12 calendar months in the
calendar year immediately preceding the effective date of the benefit. The amount of the benefit
otherwise payable" means the monthly amount of benefit which would be payable disregarding these
provisions redetermining benefit amounts after retirement.
(b) As used herein "Consumer Price Index" means the Consumer Price Index for Urban Wage
Earners and Clerical Workers, as determined by the United States Department of Labor and in effect
January 1, 1968; provided, should such Consumer Price Index be restructured subsequent to 1968 in a
manner materially changing its character, the Commission after receiving the advice of the Actuary
shall change the application of the Consumer Price Index so that as far as is practicable the 1968
intent of the use of the Consumer Price Index shall be continued.
(c) For a monthly benefit which became effective before January 1, 1969 beginning with
the monthly benefit of payment, if any, for the month of January 1969, the amount of the monthly
benefit shall be increased by 1% for each full year (excluding any fraction of a year) in the period
from the effective date of the benefit to January 1, 1969, to a maximum increase of 10%. In addition,
beginning May 1, 1969 the amount of the benefit shall be redetermined effective each May first and
such redetermined amount shall be payable for the ensuing year. Subject to the maximum stated in the
next sentence, such redetermined amount shall be the amount of the benefit otherwise payable multi-
plied by the following percent: 100.0 percent, plus 1.5 percent for each full year (excluding any
fraction of a year) in the period from May 1, 1969 to the current May first. In no event shall such
redetermined amount (i) be less than the amount of the benefit otherwise payable nor (ii) be more than
the amount of the benefit otherwise payable multiplied by the following raction: the numerator shall
be the average of the Consumer Price Index for the 12 calendar months in the calendar year immediately
preceding such May first (but in no event an amount less than the denominator below) and; the
denominator shall be the average of the Consumer Price Index for the 12 calendar months in the
calendar year 1967. "The amount of the benefit otherwise payable" means the monthly amount of benefit
which would be payable disregarding these provisions redetermining benefit amounts on and after May 1,
1969.
(d) In no event shall the pension portion of annual benefits payable to a retirant, or
payable to beneficiaries on behalf of a deceased member, exceed the greater of (i) xxx $4,800 and
(ii) 2% of the Former member's Final average compensation multiplied by his years of credited
service not to exceed xxx 37.5 years; except, for an age and service retirant the xxx $4,800
amount next above shall be $1,800.
The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption
of the foregoing resolution.
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
Moved by Mainland supported by Daly the resolution be adopted.
Mr. Mainland requested that Robert E. Lilly, Executive Secretary of the Oakland County
Employees Retirement Commission, be allowed to speak to the Board on the resolution.
There were no objections. Mr. Lilly addressed the Board.
Discussion followed.
Vote on resolution:
AYES: Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick,
Richards, Richardson, Simson, Szabo, Wilcox, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Edwards,
Gabler, Hamlin. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5789
By Mr. Mainland
IN RE: CREATION OF THREE CHILDREN'S SUPERVISORS III AND TWO CHILDREN'S SUPERVISORS I POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution No. 5739, dated June 17, 1971, recommended the approval of
three additional Children's Supervisors III and two additional Children's Supervisor 1 positions for
the Children's Village; and
WHEREAS Miscellaneous Resolution No. 5739 was returned to the Personnel Practices Committee
on August 5, 1971 for further consideration after the Finance Committee's Fiscal Note of August 3,
1971 stated that funds were not available for this purpose; and
WHEREAS the reconsideration by the Personnel Practices Committee reinforced the necessity
of the positions because the present 69 Children's Supervisors give full coverage only if they are
all at work; and
Commissioners Minutes Continued. August 19, 1971 226
WHEREAS the replacement of employees absent ,:rious forms of leaves by the use of over-
time costs approximates half again the expense of th , rec._ mended additional positions; and
WHEREAS there is not sufficient staff to cover such vacancies by temporary internal changes
in work assignments; and
WHEREAS the use of on-call relief people has not proved dependable in providing adequately
trained supervision for the children involved; and
WHEREAS there are now 11 shift days per week when there are no supervisory level Children's
Supervisors on duty, and supervisory personnel must be contacted at home during their off duty time
to give instructions and handle problems; and
WHEREAS the gross salary cost for providing these positions for the remainder of 1971 is now
only $14,500.00 in comparison with the $24,757.00 required when Miscellaneous Resolution No. 5739 was
originally prepared in June; and
WHEREAS half of this cost will be returned to the County in receipts as these positions are
matched 50-50 by the State of Michigan under the Foster Care Act.
NOW THEREFORE BE IT RESOLVED that three Children's Supervisor III positions and two Children's
Supervisor I positions, costing $14,500.00 for the remainder of 1971, be granted to the Children's
Village.
The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption
of the foregoing resolution.
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
The resolution was referred to the Finance Committee. There were no objections.
REPORT
By Mr. Edwards
IN RE: RESOLUTION NO. 5773 - SECURITY ALTERATIONS FOR CHILDREN'S VILLAGE RECEPTION CENTER
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee, by Mr. Charles B. Edwards, Jr., Chairman, reports
Miscellaneous Resolution No. 5773 with the recommendation that the resolution be adopted.
'Misc. 5773
By Mr. Edwards
IN RE; SECURITY ALTERATIONS FOR CHILDREN'S VILLAGE RECEPTION CENTER
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Children's Village Reception Center does not have adequate security protection;
and
WHEREAS the children housed in the Children's Village Reception Center have been able to
leave the Center without authorization; and
WHEREAS your Planning and Building Committee recommends the following security measures be
installed:
I. 50' of 15' high security fence
2. Install security screen on outside window by new fence
3. Install security bars on 5 doors
4. Install security screens on 46 windows
at a cost of $11,530.00,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
security alterations for the Children's Village Reception Center at a cost not to exceed $11,530.
The Planning and Building Committee, by Charles B. Edwards, Jr., Chairman, moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Charles B. Edwards, Jr., Chairman"
REPORT
By Mr. Brennan
IN RE: SECURITY ALTERATIONS - CHILDREN'S RECEPTION CENTER
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule 11-C of this Board, the Finance Committee reports that there is the sum of
$11,530.00 available in the 1971 Building Fund and moves that the sum of $11,530.00 be appropriated
from the 1971 Building Fund for security alterations to the Children's Reception Center.
FINANCE COMMITTEE
James M. Brennan, Chairman
Moved by Edwards supported by Simson that Resolution #5773 be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5790
By Mrs. Dearborn
IN RE: OPPOSITION TO ALLOCATION OF DIFFERENTIAL MILLAGE BY TAX ALLOCATION BOARD
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen;
WHEREAS Public Act 162 of the Public Acts of 1933, which allows an additional millage to be
authorized by the Tax Allocation Board for School Boards to order to be spread in incorporated areas,
is unjust and unreasonable legislation;
227
Commissioners Minutes Continued. August 19, 1971
WHEREAS the following letter has been received from the State Tax Commission regarding the
appeal from the City of Birmingham from the final order of the County Tax Allocation Board of Oakland
County:
STATE OF MICHIGAN
DEPARTMENT OF TREASURY
STATE TAX COMMISSION
August 12, 1971
Mr. William B. Saunders, Mayor
City of Birmingham, Oakland County
151 Martin Street
Birmingham, Michigan 48012
Dear Sir:
On June 8, 1971 communication was received by the State Tax Commission from the City of
Birmingham appealing from the action of the Oakland County Tax Allocation Board specifically listing
as a reason for the appeal, "The levy of additional taxes pursuant to Act 162 of 1933 is believed to
be unlawful and unconstitutional. We understand that the Attorney General has so ruled and that
Oakland County is the only County in the State which persists in this practice contrary to the Attorney
General's advice."
The State Tax Commission accepted the appeal for examination at a meeting on June 9, 1971
and the Commission requested the City of Birmingham and the County of Oakland to submit briefs.
The Commission received a brief from the City of Birmingham on behalf of William B. Saunders
and the City of Birmingham and also from the Oakland County Corporation Counsel.
The briefs were submitted to the Assistant Attorney General of the State of Michigan, legal
advisor to the State Tax Commission, and his report was submitted to the State Tax Commission at a
meeting on August 9, 1971.
The City of Birmingham and William B. Saunders, a taxpayer resident of the City of Birmingham,
alleges that the order of the Oakland County Tax Allocation Board entered on May 27, 1971 violates the
uniformity provisions of Article IX, Section 3, Michigan Constitution of 1963, by providing a variable
millage within the Birmingham School District. The order allocates 8.3 mills to that portion of
Birmingham District which lies outside the city limits (in Bloomfield Township, West Bloomfield Town-
ship and Southfield Township) and allocates 9.53 mills for the portion of the School District located
within the City of Birmingham.
It is stressed by appellants that this allocation directs a levy of school taxes within
the same district which is 1.4 mills higher upon taxable property inside city limits than outside
city boundaries. It also is convincingly urged that taxpayers in all parts of the School District
receive an identical equivalence of school services and that the differential millage cannot be
justified by any concentration of such services made available to city residents to the exclusion
of school taxpayers residing in the townships.
The Tax Commission entertains no doubt concerning the merits of the allocation appeal.
Bluntly speaking, the allocation of differential millage by the Oakland County Tax Allocation Board
is clearly illegal, an error of law, a trespass upon constitutional principles of tax uniformity and
equal treatment of taxpayers, since there is no differential in the services offered.
Yet, the protection and enforcement of constitutional rights have been entrusted to the
honor and integrity of the courts. This Commission, while endowed with broad powers under the General
Property Tax Law, cannot entertain this allocation appeal, regardless of its obvious merit.
Under the General Property Tax Law, the Tax Commission may take any measures which "will
secure the enforcement of the provisions of this act, to the end that all the properties of this state
liable to assessment for taxation shall be placed upon the assessment rolls and assessed at that
proportion of true cash value which the legislature from time to time shall provide pursuant to the
provisions of article 9, section 3 of the constitution."
The instant appeal, however, is not governed by the General Property Tax Law, i.e., No. 206,
PA 1893. It is authorized by Section 17 of the Property Tax Limitation Act, being No. 62, PA 1933,
and may be taken only by "any aggrieved local unit." Section 2 of the Property Tax Limitation Act
defines "local unit" and specifically excepts "villages and cities for which there are provisions in
their charters or general law fixing maximum limits on the power to levy taxes against property."
The City of Birmingham is governed by a charter which contains a provision for the levy of
property taxes (made mandatory by state law) up to a specified maximum liMit. It consequently is not
a "local unit" within the intendment of the Property Tax Limitation Act. In consequence, it has no
authority to appeal the final order of the County Allocation Board. William E. Saunders, the
individual taxpayer-appellant, suffers the same disability, or stated less elegantly, is in the same
boat.
Based on the foregoing, this Commission must deny acceptance of the appeal from the final
order of the Oakland County Tax Allocation Board, although we realize that our denial to entertain
the instant appeal, motivated not by choice but by legal compulsion, may lead to legal entanglement,
taxpayers' protests and a multiplicity of lawsuits for the refund of school taxes paid by city
residents.
You are, therefore, hereby advised that the Commission, at the meeting on August 9, 1971,
dismissed the appeal from the final order of the County Tax Allocation Board of Oakland County.
cc: Oakland Co. Corp. Counsel Very truly yours,
Oakland County Clerk Edward W. Kane, Secretary
THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the
allocation of differential millage by the Oakland County Tax Allocation Board.
Mr. Chairman, I move the adoption of the foregoing resolution.
Mary M. Dearborn, District #4
The resolution was referred to the Equalization Committee. There were no objections.
Commissioners Minutes Continued. August 19, 1971 228
Misc. 5791
By Mr. Lennon and Mr. Houghten
IN RE: APPROPRIATION TO CLINTON RIVER WATERSHED COUNCIL
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Clinton River Watershed Council was established pursuant to Act 253 of the Public
Acts of 1964 and is composed of members from Oakland County and Macomb County; and
WHEREAS prior to the establishment of a membership assessment there is a need for finances to
implement the administration processes of the Clinton Watershed Council,
NOW THEREFORE BE IT RESOLVED that the County of Oakland appropriates the sum of $300.00 to
defray certain administrative costs of the Clinton River Watershed Council, which sum will be a credit
to Oakland County when a final membership assessment is determined.
Mr. Chairman, I move that the foregoing resolution be referred to the Public Works and
Finance Committees.
Bernard F. Lennon, District #11
Fred D. Houghten, District #1
The Chairman referred the resolution to the Finance Committee and Public Works Committee.
There were no objections.
Misc. 5792
By Mr. Pernick
IN RE: PURCHASE OF DOWNTOWN OFFICE BUILDING
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland must vacate No. 1 Lafayette Street on or before December 31,
1971; and
WHEREAS it will be necessary to find suitable quarters for the Oakland County Clothing Store
and the Office on Economic Opportunity; and
WHEREAS a downtown County office building will be used to house the Department of Social
Services, the Oakland County Clothing Store and the Office on Economic Opportunity; and
WHEREAS there is presently available for purchase the former Administration Building of the
Pontiac Motor Division of the General Motors Corporation, located on Oakland Avenue, Pontiac, Michigan;
and
WHEREAS the County may acquire the land and said building for the sum of $200,000.00.
NOW THEREFORE BE IT RESOLVED that the County of Oakland fixes and determines the site of the
Downtown Oakland County Office Building to be the present site of the former Administration Building
of the Pontiac Motor Division of the General Motors Corporation, located on Oakland Avenue, Pontiac,
Michigan.
BE IT FURTHER RESOLVED that the County of Oakland agrees to purchase the former Administration
Building located on said site for the sum of $200,000.00, and that $200,000.00 be appropriated for said
purchase.
BE IT FURTHER RESOLVED that the Chairman and Clerk of this Board be and they are hereby
authorized to execute all necessary documents to effectuate such purchase.
Mr. Chairman, I move the adoption of the foregoing resolution.
Lawrence R. Pernick, District #15
Moved by Pernick supported by Perinoff the rules be suspended for immediate consideration of
the resolution.
AYES: Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Simson,
Szabo, Aaron, Barakat, Brennan, Burley, Coy, Daly, Edwards, Harrison. (19)
NAYS: Richardson, Wilcox, Dearborn, Gabler, Hamlin. (5)
A sufficient majority having voted therefor, the motion carried.
Moved by Pernick supported by Perinoff the resolution be adopted.
Discussion followed.
Mr. Pernick requested that Daniel T. Murphy, Chairhen of the Board of Auditors, be allowed to
speak to the Board on this matter. There were no objections. Mr. Murphy addressed the Board.
Discussion followed.
Vote on resolution:
AYES: Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Simson, Szabo,
Aaron, Barakat, Brennan, Burley, Coy, Daly, Edwards, Harrison, Horton. (19)
NAYS: Richardson, Wilcox, Dearborn, Gabler, Hamlin. (5)
A sufficient majority having voted therefor, the resolution was adopted.
Mr. Mainland presented a report on a Conference held in Chicago, Illinois, regarding the
Emergency Employment Act.
229
Commissioners Minutes Continued. August 19, 1971
Misc. 5793
By Mr. Mainland
IN RE: DESIGNATION OF AGENT FOR REVIEW AND FUNDING UNDER EMERGENCY EMPLOYMENT ACT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS a program of action under the Emergency Employment Act has been presented to the
Oakland County Board of Commissioners; and
WHEREAS this program must be submitted to various agencies of the State and Federal Govern-
ment for review and funding; and
WHEREAS the responsible Committee designated by the Board of Commissioners for activities
under this program is the Personnel Practices Committee; and
WHEREAS an application for review and funding under the Emergency Employment Act must be
executed on behalf of the County of Oakland,
NOW THEREFORE BE IT RESOLVED that William M. Richards, Chairman of the Oakland County Board
of Commissioners, be and he is hereby authorized to execute an application for review and funding
pursuant to the provisions of the Emergency Employment Act.
BE IT FURTHER RESOLVED that the responsible Committee designated by the Board of Commissioners
for activities under this program is the Personnel Practices Committee.
Mr. Chairman, I move the adoption of the foregoing resolution.
William L. Mainland, District #26
Moved by Mainland supported by Brennan the rules be suspended for immediate consideration of
the resolution.
AYES: Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson,
Szabo, Wilcox, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Edwards, Hamlin, Harrison, Horton. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Mainland supported by Perinoff the resolution be adopted.
A-sufficient majority -havingNoted therefor,_the resolLition was-adopted.
Misc. 5794
By Mr. Mainland
IN RE: ESTABLISHMENT OF AGENCY UNDER FEDERAL EMERGENCY EMPLOYMENT ACT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Federal Emergency Employment Act requires that an Agency be established by
local governments who intend to come under the provisions of the Act; and
WHEREAS the Oakland County Board of Commissioners, by this resolution, expresses its intent
to come under the provisions of the Act,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, by this resol-
ution, expresses its intent to come under the provisions of the Emergency Employment Act and establish
a Department of Emergency Employment to carry out the provisions and intent of said Act.
Mr. Chairman, I move the adoption of the foregoing resolution.
William L. Mainland, District #26
Moved by Mainland supported by Brennan the rules be suspended for immediate consideration
of the resolution.
AYES: Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson,
Szabo, Wilcox, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Edwards, Hamlin, Harrison, Horton. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Mainland supported by Daly the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5795
By Mr. Mainland
IN RE: EQUAL OPPORTUNITY IN EMPLOYMENT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS it is necessary for this Board of Commissioners to adopt a Resolution of Equal
Opportunity Employment to be eligible to come under the provisions of the Emergency Employment Act,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners will not
discriminate against any employee or applicant for employment because of race, color, religion, sex
or national origin.
BE IT FURTHER RESOLVED that this Board will take affirmative action to insure that applicants
and employees are treated equally, regardless of their race, color, religion, sex or national origin,
such action shall include, but not be limited to the following: Employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation and selection for training including apprenticeship. The Board agrees to post in
conspicuous places available to employees and applicants for employment, notices setting forth this
Commissioners Minutes Continued. August 19, 1971 230
Equal Opportunity Clause.
Mr. Chairman, I move the adoption of the foregoing resolution,
William L. Mainland, District #26
Moved by Mainland supported by Brennan the rules be suspended for immediate consideration of
the resolution.
AYES: Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson,
Szabo, Wilcox, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Edwards, Hamlin, Harrison, Horton. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Mainland supported by Barakat the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Mr. Burley presented the following resolution:
"At a regular meeting of the Council of the City of Hazel Park, Michigan, held on the 26th
day of July, 1971
PRESENT: Mayor Wallace F. Cormier, Councilmen John R. DiGiovanni, Donald S. Hamilton, Elmer
E. Osborne, Richard Truba
ABSENT: None
The following resolution was adopted:
WHEREAS the Council of the City of Hazel Park has received expressions of concern from
residents that recent camping experiences have threatened their safety and privacy and;
WHEREAS members of the Council have been made aware via the public communication media that
the experiences of their citizens is a general problem and;
WHEREAS the pressures of urban living and the opportunity for additional leisurely moments
have enhanced the exodus of urban dwellers to recreational areas;
NOW THEREFORE BE IT RESOLVED that Mayor Wallace F. Cormier, Councilmen John R. DiGiovanni,
Donald S. Hamilton, Elmer E. Osborne and Richard Truba do request that the Governor and the legislature
take immediate, swift, and vigorous administrative and legislative action to insure the residents of
the State of Michigan peace and tranquillity in Michigan publicly owned lands, and that copies of this
resolution be transmitted to Governor William Milliken, State Senator Daniel S. Cooper, State Represent-
atives Bill S. Huffman and Philip O. Mastin, and to the governing bodies of all cities in Oakland
County.
I, Ruth Lindsey, Clerk for the City of Hazel Park,
do hereby certify that the foregoing is a true and
compared copy of a resolution as adopted by the
Council of said City in the Regular Meeting of
July 26, 1971.
Ruth Lindsey, City Clerk
The resolution was referred to the Public Protection and Judiciary Committee and Legislative
Committee. There were no objections.
Misc. 5796
By Mr. Pernick
IN RE: EMERGENCY WELFARE FUNDING REQUEST
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the need to provide a decent standard of living for those qualifying under categorical
assistance and general assistance programs is rising steadily due to the national economic situation;
and
WHEREAS national policy for welfare assistance, as established by court decisions is also
adding to the number of those qualifying under assistance programs; and
WHEREAS the potential of financial relief for distressed local governments under proposed
general revenue sharing programs in 1971 appears fruitless; and
WHEREAS proposed national 'Welfare Reform Legislation" would stabilize County welfare costs
at the 1970 level; and
WHEREAS the financial burdens on the people of Oakland County to continue to provide adequate
funding for essential County services is diminished by the increase in welfare assistance costs,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests its
legislators in the Congress of the United States to sponsor legislation providing specific financial
relief to Oakland County in the amount of $1,000,000.00 to cover County expenditures for welfare costs
in excess of the 1970 level of expenditure.
Mr. Chairman, I move the adoption of the foregoing resolution.
Lawrence R. Pernick
County Commissioner, District #15
The resolution was referred to the Finance Committee. There were no objections.
231
Commissioners Minutes Continued. August 19, 1971
Moved by Daly supported by Lennon the Board adjourn until September 2, 1971 at 9:30 A. M.
A sufficient majority having voted therefor, the motion carried.
The Board adjourned at 1:00 P. M.
Lynn D. Allen William M. Richards
Clerk Chairman