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HomeMy WebLinkAboutMinutes - 1970.11.19 - 763059( r\,A„ Awl rOUNTY Board Of Commissioners MEETING November 19, 1970 Meeting called to order by Chairman Robert F. Patnales at 10:05 A. M. in the County Center Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bawden, Benson, Brennan, Coy, Edwards, Gabler, Grba, Horton, Houghten, Kasper. Mainland, Mastin, O'Donoghue, Olson, Patnales, Perinoff, Powell, Richards, Szabo, Walker, Wilcox. (22) ABSENT: Hamlin, Mathews, O'Brien, Pernick, Richardson. (5) Quorum present. Invocation given by Thomas H. O'Donoehue. Moved by Mastin supported by Aaron the minutes of the previous meeting be approved as printed A sufficient majority having voted therefor, the motion carried. Clerk read letter from David A. Black, President of the Union Lake Jaycees, requesting that 11( be permitted to speak to the Board regarding the proposed purchase of land in Commerce Township by the Parks and Recreation Commission, for a park. The Chairman referred the letter to the Planning, Zoning and Building Committee. Mr. Coy objected. (wed by Coy that this matter be the first item on the agenda under New and Miscellaneous Business. Discussion followed. Moved by Bawden supported by Benson the letter be referred to the proper committee. Mr. Kasper supported Mr. Coy's motion. The Chairman ruled Mr. Coy's motion failed due to lack of support, before Mrs. Bawden was recognized. Mr. Powell requested that the minutes show the manner in which this subject came before the Board, that when the communication was read, Mr. Coy stood and asked to be recognized and the Chairman requested that he wait until disposition of the communication had been made. Discussion followed. Vote on motion to refer: AYES: Brennan, Edwards, Grba, Mastin, 0' Donoghue, Olson, Richards, Szabo, Walker, Wilcox, Aaron, Bawden, Benson. (13) NAYS: Coy, Gabler, Horton, Houghten, Kasper, Mainland, Patnales, Perinoff, Powell. (9) A sufficient majority having voted therefor, the motion carried. Moved by Coy supported by Richards that David A. Black, President of the Union Lake Jaycees, be allowed to speak to the Board. There were no objections. Mr. Black spoke in opposition to the proposed park in Commerce Township. Moved by Coy that the Planning, Zoning and Building Committee be discharged from considerati( of the letter for the purpose of presenting a resolution in opposition to the proposed park. The Chairman stated that this matter would be considered under New Business. Clerk read letter from Mrs. Andrew M. Mezey, President of the Birmingham-Bloomfield League o Women Voters, requesting that this Board adopt a policy of substantial supplementary grants to correct the inequities of Michigan's welfare legislation, and active lobbying to revise legislation and standa set by the State Department of Social Services. (Referred to Human Resources Committee.) Commissioners Minutes Continued, November 19, 1916 MI Sc .5537 HoughtLe IN RE: RECOMMENDATION OF POLICY FOR BID PROPOSALS To the Oakland County Board of Commissioners M Chairman, Ladies and Gentlemen: WHEREAS your Committee recommends that a study be made towards establishing a policy for the requirement of Certified Checks to accompany Bid Proposals, and further to not permit the filing of Bid Bonds with Bid Proposals, and WHEREAS the Committee recommends that this proposed Policy be referred to the Planning, Zoning and Building Committee for investigation and consideration, and that their findings be reported back to the Finance Committee, NOW THEREFORE BE IT RESOLVED that the feasibility of establishing a Policy which requires a Certified Check to accompany Bid Proposals and prohibits Bid Bonds to be filed with Bid Proposals be referred to the Planning, Zoning and Building Committee for investigation and consideration and that their findings be reported back to the Finance Committee. Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Fred D. Houghten, Chairman Christian F. Powell, Mary Mead Bawden Thomas H. 0°Donoghue, Albert F. Szabo, George N. Grba Moved by Houghten supported by Edwards the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5538 By Mr. Houghten IN RE: VEHICLE PURCHASING POLICY • To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution No. 55Q. referred to the Finance Committee, and WHEREAS your Finance Committee has reviewed the Vehicle Purchasing Policy for Oakland County., a copy of which is attached hereto, and WHEREAS your Committee recommends that the present Policy be continued, NOW THEREFORE BE IT RESOLVED that the Vehicle Purchasing Policy for Oakland County, a copy of w. n is attached hereto, be and the same is hereby continued. Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Fred D. Houghten, Chairman Christian F. Powell, Mary Mead Bawden Thomas H. O'Donoghue, Albert F. Szabo Moved by Houghten supported by O'Donoghue the resolution be adopted. Discussion followed. AYES: Houghten, Kasper, Mainland, O'Donoghue, Olson, Patnales, Powell, Szabo, Wilcox, Bawden, Benson. (11) NAYS: Coy, Edwards, Gabler, Grba, Horton, Mastin, Perinoff, Richards, Walker, Aaron, Brennan. (II) A sufficient majority not having voted therefor, the motion lost. Moved by Kasper supported by Brennan the resolution be referred back to the Committee. Discussion followed. Moved by Walker supported by Olson the motion be amended by inserting "Committee on Committees" instead of "Committee'. Discussion followed. Vote on amendment: A sufficient majority having voted therefor, the motion carried. Vote on main motion, as amended; AYES: Edwards, Gabler, Grba, Horton, Kasper, Mainland, Mastin, O'Donoghue, Olson, Patnales, Perinoff, Powell, Richards, Walker, Aaron, Benson, Brennan, Coy. (18) NAYS: Houghten, Szabo, Wilcox, Bawden. (4) A sufficient majority having voted therefor, the motion carried. Commissioners Minutes Continued. November 19, 1970 592 J ,r. 5539 By Mr. Richards IN RE: CITY OF PONTIAC DRUG PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Director of the Drug Abuse Program has received a request from the City of Pontiac to assist the City of Pontiac in the establishment of the Methadone Maintenance Treatment and Satellite Center Program, and WHEREAS the Director of the Drug Abuse Program has recommended to your Committee the approval of the request for the sum of $33,400.00 to be distributed quarterly by the Oakland County Board of Auditors in an amount not to exceed $8,350.00 each quarter, to the City of Pontiac Drug Abuse Program, NOW THEREFORE BE IT RESOLVED that the request of the City of Pontiac for $33,400.00 for the establishment of the Methadone Maintenance Treatment and Satellite Center Program be approved, said sum of $33,400.00 to be distributed quarterly by the Oakland County Board of Auditors in an amount not to exceed $8,350.00 each quarter, and a report made to the Finance Committee after each audit. Mr. Chairman, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE William M. Richards, Chairman Lew L. Coy, Paul E. Kasper, Wallace F. Gabler, Jr. Lee Walker FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations of the Human Resources Committee to pay the sum of $33,400.00 for the purpose of establishing the Methadone Maintenance Treatment and Satellite Center Program, and finds the sum of $33,400.00 to be available in the 1970 Contingent Fund and further moves that the sum of $33,400.00 be appropriated from the 1970 Contingent Fund to the City of Pontiac Drug Abuse Program, said sum to be distributed quarterly by the Oakland County Board of Auditors in an amount not to exceed $8,350.00 each quarter. FINANCE COMMITTEE Fred D. Houghten, Chairman Mary Mead Bawden, Thomas H. OlDonoghue George N. Orba, Albert F. Szabo Moved by Richards supported by Szabo the resolution be adopted. Mr. Kasper requested that Gerald St. Souver, Drug Abuse Control Director, be allowed to address the Board. There were no objections. Mr. St. Souver spoke to the Board. • A sufficient majority having voted therefor, the resolution was adopted. Misc. 5540 By Mr. Richards IN RE: ROCHESTER COMMUNITY SCHOOLS DRUG ABUSE PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Director of the Drug Abuse Program has received a request from the Rochester Community Schools to assist in the continuation of their Drug Abuse Program, and WHEREAS the Director of the Drug Abuse Program has recommended to your Committee the approval of the request for the sum of $5,000.00 for continuation of such program, NOW THEREFORE BE IT RESOLVED that the request of the Rochester Community Schools for $5,000.00 for continuation of their Drug Abuse Program be and the same is hereby approved. Mr. Chairman, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE William M. Richards, Chairman Lew L. Coy, Paul E. Kasper, Lee Walker Wallace F. Gabler, Jr. FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 On) of this Board, the Finance Committee has reviewed the recommendations of the Human Resources Committee to pay the sum of $5,000.00 for the purpose of continuing the Rochester Community Schools Drug Abuse Program, and finds the sum of $5,000.00 to be available in the 1970 Contingent Fund and further moves that the sum of $5,000.00 be appropriated from the 1970 Contingent Fund to the Rochester Community Schools. FINANCE COMMITTEE Fred 0, Houghten, Chairman Christian F. Powell, Mary Mead Bawden Thomas H. O'Cionoghue, Albert F. Szabo, George N. Grba Moved by Richards supported by Gabler the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. rr/ , Commissioners Minutes Continued. November 19, 1970 Misc. 5541 Mr. Richards A RE: DRUG ABUSE CONFERENCE To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Director of the Oakland County Drug Abuse Program has recommended that a Conference on Drugs, co-sponsored by the County of Oakland and the Michigan Society of Mental Health, be held at the Oakland County Board of Commissioners Auditorium the week commencing November 30, 1970, and WHEREAS personnel from the Federal Bureau of Narcotics and other recognized authorities are scheduled to appear at the Conference, and WHEREAS the Human Resources Committee recommends that the Conference be held and that the sum of $15,000.00 be set aside to pay for costs incurred prior to receipt of Conference fees which will repay the full amount, NOW THEREFORE BE IT RESOLVED that a Conference on Drug Abuse Issues and Programs be held in the Oakland County Board of Commissioners Auditorium the week commencing November 30, 1970, which is to be co-sponsored by the County of Oakland and the Michigan Society of Mental Health, BE IT FURTHER RESOLVED that the sum of $I5,000.00 be set aside to pay for costs incurred prior to receipt of Conference fees which will repay the full amount. Mr. Chairman, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution, HUMAN RESOURCES COMMITTEE William M. Richards, Chairman Lew L. Coy, Paul E. Kasper, Wallace F. Gabler, Jr. Lee Walker FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendation of the Human Resources Committee to pay the sum of $15,000.00 as an advance for costs incurred for a Drug Abuse Conference, and finds said sum of $15,000.00 to be available in the 1970 Contingent Fund, and further moves that said sum of $15,000.00 be appropriated to the Oakland County Drug Abuse Program for said Drug Abuse Conference, and further moves said funds be repaid to the General •Fund from receipts of Conference fees. FINANCE COMMITTEE Fred D. Houghten, Chairman Mary Mead Bawden, Thomas H. OiDonoghue Albert F. Szabo, George N. Grba Moved by Richards supported by Coy the resolution be adopted. Discussion followed, Mr. Richards requested that Gerald St. Souver, Drug Abuse Control Director, be allowed to speak on this matter. There were no objections. Mr. St. Souver addressed the Board. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5542 By Mr. Mainland IN RE: ADDITIONAL EMPLOYEES FOR COUNTY CLERK AND PROBATE JUVENILE COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Board of Auditors has recommended to the Personnel Practices Committee the addition of five new positions for the balance of the year 1970 as follows: Department Classification Effective Salary Range Probate-Juvenile Court Volunteer Coordinator Immediately $12,000 to $12,500 Probate-Juvenile Court Child Welfare Worker 11 Immediately $9,800 to $11,400 Probate-Juvenile Court Stenographer II Immediately $6,500 to $7,300 Probate-Juvenile Court Part-time Graduate Immediately $33.33 per full day County Clerk Typist I Immediately $5,200 to $5,500, and WHEREAS after reviewing the recommendations of the Board of Auditors, your Personnel Practices Committee recommends to this Board of Commissioners that the five additional positions listed above be created, NOW THEREFORE BE IT RESOLVED by this Board of Commissioners that the creation of the five new positions be approved for the following departments: Department Classification Effective Salary Range Probate-Juvenile Court Volunteer Coordinator immediately $12,000 to $12,500 Probate-Juvenile Court Child Welfare Worker 11 Immediately $9,800 to $11,400 Dbate-Juvenile Court Stenographer II Immediately $6,500 to $7,300 .abate-Juvenile Court Part-time Graduate Immediately S33.33 per full day County Clerk Typist 1 Immediately $5,200 to $5,500 Mr. Chairman, on behalf of the Personnel Practices Committee, I move the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE William L. Mainland, Chairman Paul E. Kasper, Lew L. Coy, Mary Mead Bowden Dennis M. Aaron Commissioners Minutes Continued. November 19, 1970 594 FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee reports that as to the three Probate-Juvenile Court positions, namely, Child Welfare Worker II, Stenographer II and Part-time Graduate no County moneys will be necessary as the aforementioned positions will be financed by a Federal Grant, and further the Committee finds there are funds presently available in the 1970 Budget for the positions of Voluntary Coordinator for Probate-Juvenile Court and Typist I for the County Clerk's Office. FINANCE COMMITTEE Fred D. Houghten, Chairman Thomas H. O'Donoghue, Mary Mead Bawden George N. Grba, Albert F. Szabo Moved by Mainland supported by Aaron the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5543 By Mr. Perinoff IN RE: RENTAL OF WIGGS BUILDING FOR SHERIFF'S DEPARTMENT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS it is necessary to provide additional space for the Sheriff's Department, and WHEREAS there is presently available the building located on West Huron Street known as the "Wiggs Building" at a rental of $8,000.00 per year for 4,000 square feet, including utilities, and WHEREAS your Committee recommends that the Wiggs Building be leased pending the completion of the Law Enforcement-Jail Complex, NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of this Board be and they are hereby authorized to enter into a Lease for the Wiggs Building for use by the Sheriff's Department at a rental of $8,000.00 per year for 4,000 square feet, including utilities. Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of the foregoing resolution. PLANNING, ZONING AND BUILDING COMMITTEE Alexander C. Perinoff, Mahlon Benson, Jr. Paul E. Kasper, Charles B. Edwards, Jr., Niles E. Olson FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations of the Planning, Zoning and Building Committee to lease the Wiggs Building for the sum of $8,000.00 per year, including utilities, and finds that portion chargeable in 1970 to be available in the Sheriff's 1970 Budget and the 1971 portion available in the 1971 Contingent Fund, FINANCE COMMITTEE Fred D. Houghten, Chairman Thomas H. O'Donoghue, Mary Mead Bawden, Albert F. Szabo Moved by Perinoff supported by Benson the resolution be adopted. Discussion followed. Mr. Powell and Mr. Grba voted 'no'. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5544 By Mr. Perinoff IN RE: GRAPHICAL DIRECTORY SYSTEM FOR COURT HOUSE COMPLEX To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS presently there is no adequate Court House Complex Directory System, and only one information desk located on the first floor, and WHEREAS your Committee recommends that a Graphical Directory System listing Agencies and Depart- ments of the County of Oakland, be established which would provide entire building directories at the ground and first floor lobbies of the Court House Complex, NOW THEREFORE BE IT RESOLVED that a Graphical Directory System providing building directories on the ground and first floors and individual floor directories for the Court. House Complex be and the same is hereby approved at a sum not to exceed $4,300.00. Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of the foregoing resolution. PLANNING, ZONING AND BUILDING COMMITTEE Alexander C. Perinoff, Mahlon Benson, Jr. Charles B. Edwards, Jr., Niles E. Olson, Paul E. Kasper FINANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendation of the Planning, Zoning and Building Committee to pay the sum of $4,300.00 for a Graphical Directory System for the Court House Complex, and finds a sum not to exceed $4,300.00 to be available in the Alterations Fund and further moves that said sum not to exceed $4,300.00 be appropriated from the Alterations Fund for the Court House Complex. FINANCE COMMITTEE Fred D. Houghten, Chairman Thomas H. O'Donoghue, Christian F. Powell Mary Mead Sawden, Albert F. Szabo 595 Commissioners Minutes Continued. November 19, 1970 Moved by Perinoff supported by Edwards the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. —Ise. 5545 By Mr. Perinoff IN RE: MENTAL RETARDATION CENTER MECHANICAL TRADES, CONTRACT AWARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS bids for the Mechanical Trades Work for the Mental Retardation Center were received and opened by the Board of Auditors on November 13, 1970, and WHEREAS the architects and the Board of Auditors recommend the following as the lowest responsible bidder: Mechanical Trades Work Sylvan Plumbing & Heating Base Bid $534,000.00 Alternate No. 1 ...... $114,000.00 Total Contract Bid $648,000.00 WHEREAS the Finance and Planning, Zoning and Building Committees have reviewed the recommendation of the Board of Auditors and the architects and concur in same, NOW THEREFORE BE IT RESOLVED: 1. That the bid of the Sylvan Plumbing and Heating, the lowest responsible bidder, be accepted. 2. That the Contract be awarded to the Sylvan Plumbing and Heating, and the Chairman and Clerk of this Board be and they are hereby authorized to execute said Contract. 3. That this Award shall not be effective until the awardee has been notified in writing by the Board of Auditors, and approved by the appropriate Federal Agency. 4. That the Board of Auditors be authorized to return the Bid Bonds or Certified Checks to the unsuccessful bidders except that the Bid Bond or Certified Checks of the three lowest responsible bidders• be retained by the Board of Auditors until the execution of the Contract by the awardee and the County of Oakland in an amount not to exceed $648,000.00. Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of the foregoing resolution. PLANNING, ZONING AND BUILDING COMMITTEE Alexander C. Perinoff, Mahlon Benson, Jr. Paul E. Kasper, Niles E. Olson, Charles B. Edwards, Jr. 14ANCE COMMITTEE FISCAL NOTE Pursuant to Rule 15 (b) of this Board, the Finance Committee finds that there has been previously appropriated by the County of Oakland the sum of $1,397,953.00 and it is necessary to appropriate an additional sum of $55,000.00 which is available in the Building Fund and moves that the sum of $55,000.00 be transferred from the Building Fund to the Mental Retardation Center Project. FINANCE COMMITTEE Fred D. Houghten, Chairman Mary Mead Bawden, George N. Grba, Albert F. Szabo Christian F. Powell, Thomas H. O'Donoghue Moved by Perinoff supported by Mastin the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5546 By Mr. Horton IN RE: SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Board of Supervisors of Oakland County by Miscellaneous Resolution No. 1923 adopted on April 21, 1942, as subsequently amended, the last of which amendments was by Miscellaneous Resolution No. 3399 adopted on July 21, 1958, did authorize and direct that there be established, maintained and operated under the provisions of Act No. 342 of the Public Acts of 1939, as amended, (hereinafter referred to as Act 342) and any other applicable acts, a system of sewer and sewage disposal improvements and services for the purpose of disposing of sewage from a district to be known as the "Southeastern Oakland County Sewage Disposal District" and consisting of the territory described in said Miscellaneous Resolution No. 3399, which district is sometimes hereinafter referred to as the "district", and WHEREAS said system is known as the "Southeastern Oakland County Sewage Disposal System", and WHEREAS the County Drain Commissioner was designated as the agency of the county in connection with the establishment, maintenance and operation of the Southeastern Oakland County Sewage Disposal System and as the person who shall have supervision and control of the management and operation of said system, and WHEREAS by the terms of Act 342, Oakland County is authorized through its county agency to cquire sewage disposal systems within the county and to improve, enlarge, extend, operate and maintain the same, and Oakland County and one or more units of government therein are authorized to enter into a contract or contracts for the acquisition, improvement, enlargement or extension of such sewage disposal systems and for the payment of the cost thereof by said unit or units of government, with Interest, over a period not to exceed forty (40) ears, and Oakland County is then authorized, pursuant to appropriate Commissioners Minutes Continued, November 19, 1970 596 ion of its Board of Conior:r , In !L,Lle its bonds to provide the funds therefor, secured primarily by the full faith and credit contractual obligations of said unit or units of government to pay the cost thereof, and secondarily by the full faith and credit of the said county if a majority of the members" elect of its Board of Commissioners so vote, and WHEREAS it is now necessary to extend, improve and enlarge the Southeastern Oakland County Sewage Disposal System by the acquisition and construction of additional facilities to abate pollution of the Red Run Drain and the Clinton River and to acquire additional transportation capacity from the City of Detroit and the so-called Detroit Metropolitan System for sanitary sewage originating within the district, and WHEREAS this Board of Commissioners by Miscellaneous Resolution No. 5459 has approved and adopted the plans, specifications and estimate of cost for the additional pollution control facilities, and WHEREAS the governing bodies of the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills have approved the Southeastern Oakland County Sewage Disposal System 1970 Con- tract dated as of April 1, 1970, and have authorized their respective municipal officials to execute said contract subsequent to the expiration of the thirty-day referendum period provided in Section 5b of said Act 342, which contract is hereinafter set forth in full, and WHEREAS it appears both necessary and desirable for the County of Oakland through the Drain Commissioner as county agency to extend, improve and enlarge the Southeastern Oakland County Sewage Disposal System in accordance with the provisions of said contract dated as of April 1, 1970 and for the Drain Commissioner to execute said contract as agency of the county pursuant to Act 342, and for the county to issue its county bonds to pay part of the cost of extending, improving and enlarging the said system, said bonds to be secured primarily by the full faith and credit pledges of the aforesaid municipalities, and secondarily by the full faith and credit pledge of the County of Oakland, all in accordance with the provisions of said contract to be dated as of April 1, 1970, and WHEREAS subsequent to the adoption of Miscellaneous Resolution No. 5459 construction bids for the project have been received and a revised cost estimate in the amount of $26,000,000 has been prepared and has been submitted to this Board of Commissioners, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the Board of Commissioners of Oakland County, Michigan, does hereby approve the extension, improvement and enlargement of the Southeastern Oakland County Sewage Disposal System by the acquisition, by construction, purchase or otherwise, of the project described in the Southeastern Oakland County Sewage Disposal System 1970 Contract dated as of April 1, 1970, and hereinafter set forth in full. 2. That the Southeastern Oakland County Sewage Disposal System 1970 Contract dated as of April 1, 1970, between the County of Oakland, party of the first part, and the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, parties of the second part, is hereby approved and the Oakland County Drain Commissioner, as agency of the county pursuant to the provisions of Act 342, is hereby authorized and directed to execute said contract on behalf of the County of Oakland upon lawful execution of said contract by all of the foregoing municipalities. Said contract reads as follows: SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM 1970 CONTRACT THIS CONTRACT made this 1st day of April 1970, by and between the County of Oakland in the State of Michigan, acting by and through its County Drain Commissioner as agency of the county pursuant to the provisions of Act No. 342 of the Michigan Public Acts of 1939, as amended (hereinafter sometimes referred to as the "'county"), party of the first part, and the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, municipal corporations in Oakland County, Michigan (hereinafter sometimes referred to as the "municipalities"), parties of the second part. WHEREAS the Board of Supervieors of Oakland County by Miscellaneous Resolution No. 1923 adopted on April 21, 1942, as subsequently amended, the last of which amendments was by Miscellaneous Resolution No. 3399 adopted on July 21, 1958, did authorize and direct that there be established, maintained and operated under the provisions of Act No. 342 of the Public Acts of 1939, as amended, and any other applicable acts, a system of sewer and sewage disposal improvements and services for the purpose of disposing of sewage from a district to be known as the "Southeastern Oakland County Sewage Disposal District" and consisting of the territory described in said Miscellaneous Resolution No. 3399, which district is sometimes hereinafter referred to as the "district", and WHEREAS said system is known as the "Southeastern Oakland County Sewage Disposal SysteM 1 and is hereinafter sometimes referred to as the "systerffr, and WHEREAS said system was originally constructed pursuant to the provisions of Ordinance No. 1987 adopted by the county board of supervisors on November 10, 1942, and was subsequently improved, enlarged and extended pursuant to an Agreement dated October 1, 1962, between the county and the municipalities and a Supplemental Agreement dated December 3, 1962 0 between the county and the municipalities (said Agree- ment and Supplemental Agreement herein called the "Base Agreement"), in accordance withihe provisions of said Ordinance No. 1987, the Base Agreement and Act No. 342 of the Michigan Public Acts of 1939, as amended, and WHEREAS the County Drain Commissioner was designated as the agency of the county in connection with the establishment, maintenance and operation of the Southeastern Oakland County Sewage Disposal System and as the person who shall have supervision and control of the management and operation of said system, and WHEREAS said Act No. 342 of the Michigan Public Acts of 3939, as amended (herein sometimes referred to as "Act No. 342") authorizes the county to improve, enlarge, extend and oprate systems acquired pursuant thereto, and 597 Commissioners Minutes Continued. November 19, 1970 WHEREAS it is now necessary to extend, improve and enlarge the system by the acquisition and construction of additional facilities to abate pollution of the Red Run Drain and the Clinton River and to acquire additional transportation capacity from the City of Detroit and the so-called Detroit qropolitan System for sanitary sewage originating in the district, and WHEREAS Hubbell, Roth & Clark, Inc.., registered professional engineers (hereinafter sometimes referred to as the "consulting engineers) have prepared maps, preliminary plans and specifications, and an estimate of the cost and period of usefulness of the proposed extensions, improvements and enlargements of the system, and WHEREAS the parties to this contract desire to finance said improvements, enlargements and extensions under the provisions of said Act No. 342 by entering into this contract whereby each of the said municipalities agrees to pay to the county its share of the net cost of said improvements, enlarge- ments and extensions and the county agrees to issue bonds in anticipation of such payments; THEREFORE it is agreed by and between the parties hereto as follows; 1. The county and the municipalities approve the extension, improvement and enlargement of the system by the acquisition, by construction, purchase or otherwise, of the following (hereinafter sometimes referred to as the "project"), to-wit: (a) An enclosed retention chamber approximately 62 ft. wide by approximately 17 ft. average depth to be located in the Red Run Drain right-of-way from the present outlet structure of the 12 Towns Drains, east of Stephenson Highway, to Dequindre Road. (b) A high weir and skimming outlet structure at Dequindre Road. (c) Chlorination facilities at the existing 12 Towns Overflow Structure east of Stephenson Highway, (d) A dewatering and flushing pumping station at Dequindre Road. (e) Flowage rights in the sewers of the City of Detroit for the conveyance of an additional 142 cubic feet per second of sewage originating in the Southeastern Oakland County Sewage Disposal District to the East Jefferson Avenue Interceptor of the Detroit Sewage Disposal System. This flow together with the 118 cubic feet per second previously purchased results in total flowage rights of 260 cubic feet per second in the City of Detroit sewers. The general location of the facilities to be acquired is shown on Exhibit "A" which is attached and by this reference is made a part hereof. 2. The county and the municipalities hereby approve the estimate of $30,463,307.92 as the cost and the estimate of 50 years and upwards as the period of usefulness of the project. Said estimates of cost and period of usefulness are attached hereto as Exhibit BY and by this reference are made a part hereof. 3. After execution of this contract by all parties, the drain commissioner as the agency of the -„ounty shall take such of the following actions as have not heretofore been taken: (a) Purchase from the City of Detroit and the so-called Detroit Metropolitan System additional flowage rights in the City of Detroit sewers in accordance with the provisions of an AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS dated November 1, 1962, as supplemented by a SUPPLEMENTAL AGREEMENT dated December 1, 1962. The additional flowage rights to be purchased by the drain commissioner shall be the maximum permitted by said Agreement and Supplemental Agreement which is 142 cfs. The purchase of such additional flowage rights shall be conditioned upon the sale of bonds pursuant to this contract; (b) Secure the necessary final plans and specifications for the project from the consulting engineers; (e) Submit to the Board of Supervisors of Oakland County such resolutions as may be necessary to approve the plans and specifications and estimates of cost and period of usefulness for the project and providing for the issuance and sale of county bonds in one or more series, in the aggregate principal amount necessary to be borrowed, said bonds to mature serially as authorized by law over a period of not more than forty (40) years, and to be primarily secured by the obligation of the municipalities to pay the net cost of the system with interest and secondarily secured by the full faith and credit of the County of Oakland; (d) Take all necessary steps to secure the adoption of said resolutions by the Oakland County Board of Supervisors and the approval of the Municipal Finance Commission of the State of Michigan for the issuance and sale of the bonds; (e) Obtain construction bids for the facilities to be acquired and enter into construction contracts with the lowest responsible bidders, provided that no such contract shall be entered into prior to the sale of bonds unless the same shall be conditioned upon such sale; (f) Advertise, sell and deliver the said bonds and apply the proceeds as herein provided; (g) Acquire such lands as may be necessary and to construct the said facilities within a reasonable time after execution of construction contracts and delivery of the said bonds, and (h) Do all other things required of the county agency under the provisions of Act No. 342. 4. The project, being an extension of the Southeastern Oakland County Sewage Disposal System, the Base Agreement shall apply hereto except as specifically modified herein, and, in particular, the provisions of paragraphs 10 through 17, 19 and 26 shall apply hereto as though set forth in full herein. 5. The municipalities shall pay to the county the net cost of the project as hereinafter provided. The net cost of the project shall be deemed to mean the total cost of the project, the estimated amount of which is shown on Exhibit ',V, less the amount of any state or federal grants received toward the cost of the project. 6. The net cost of the project is hereby allocated among the municipalities in accordance with the following percentages Commissioners Minutes Continued. November 19, 1970 598 City of Berkley 7.125941 City of Huntington Woods 3.039323 Township of Royal Oak 1.829210 City of birmineham 4.426 City of Madison Heights 7,063221", City of nouthfield 7=736220 City of Clawson 6.102703 City of Oak Park 13.318666 City of Troy 2.471560 City of Ferndale 10.546320 City of Pleasant Ridge 1.349884 Village of Beverly Hills .680§27 City of Hazel Park 2.494743 City of Royal Oak 31.818081 Total 100.000000% The net cost of the project will be represented by one or more series of bonds to be issued by the county in the aggregate principal amount of the net cost of the project as determined or estimated at the time or times of such issuance. Each municipality hereby covenants and agrees to pay its pro- portionate share of the principal of and interest on said bonds so issued, which proportionate share shall be determined by applying to the payments of bond principal and interest becoming due as hereinafter provided, the percentages set forth in this paragraph. In addition each municipality hereby covenants and agrees to pay its share of all paying agent fees and other charges necessary to service said bonds (herein called bond services charges) as shall be incurred from time to time by the county. Immediately upon the issuance of bonds by the county to finance the net cost of the project, or any portion thereof, the drain commissioner shall notify each municipality above listed, by written communication addressed to their respective treasurers, of the schedule of payments of the principal of and interest thereon, the proportionate share thereof to be paid by each municipality, and the amount of such proportional annual payments to be made by each municipality in accordance with the percentages specified above. Each 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 drain commissioner sufficient funds to meet its proportionate share of said payments in full. If one or more of the above listed municipalities should pay its share of the net cost of the project, or any portion thereof, prior to the issuance of the bonds, then all percentages shall be adjusted accordingly so that when applied to the principal of the bonds issued, such percentages after taking into consideration advance payments will reflect the division of the cost of the project as herein provided. Any municipality may pay in advance of maturity all or any part of an annual installment due the county on the bonds, 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. 7. In the event that any municipality shall fail for any reason to pay to the drain commissioner as agency for the county at the times specified, the amounts herein required to be paid for the principal and interest on bonds or bond service charges, the drain commissioner shall immediately notify, in writing • both the County Treasurer of the County of Oakland and the governing body of such municipality of such default and the amount thereof, and if such default is not corrected within ten (10) days after such notification, the County Treasurer or other county official charged with disbursement to such municipality of funds derived from the state sales tax levy under the provisions of Act 167, Public Acts of Michigan 1933, as amended, and returnable to such municipality pursuant to the Michigan Constitution, is by these presents specifically authorized by such municipality to withhold sufficient funds (but in no event in an amount in excess of 25% of the amount of default) derived from such sales tax levy and returnable to such municipality as may be in default, and to pay said sums so withheld to the drain commissioner to apply on the obligation of such defaulting municipality as herein set forth. Any such moneys so withheld and paid shall be considered to have been returned to such municipality within the meaning of the Michigan Consti- tution, the purpose of this provision being solely to voluntarily authorize the use of such funds to meet past due obligations of the municipalities to which said moneys are owed. In addition to the foregoing, the drain commissioner as agency for the county shall have all other rights and remedies provided by law to enforce the obligations of the municipalities to make payments in the manner and at the times required by this contract, It is specifically recognized by each of the municipalities that the payments required to be made by it pursuant to the terms of this contract are to be pledged for the payment of the principal of and interest on bonds to be issued by the county, and each of the municipalities covenants and agrees that it will make its required payments to the drain commissioner as agency of the county promptly and at the times herein specified, without regard as to whether the project herein contemplated is actually completed or placed in operation; provided, only that nothing herein contained shall limit the obligation of the county to perform in accordance with the provision of this contract. 8. If any municipality shall fail to make any of its principal and interest or bond service charge payments as required by the provisions of this contract, when due, the amount thereof shall be subject to a penalty of three-quarters of one per cent (3/4 of I%) for each month or fraction thereof that the same remains unpaid after the due date. 9. The proceeds of sale of the bonds shall be used solely and only to pay the net cost of the project, and after completion thereof and payments of costs in connection therewith, any surplus remain- ing from the sale of the bonds shall be (I) used to purchase the bonds on the open market or (2) retained by the county as a reserve for payment of the bond principal and interest maturities next falling due, and in such event the contract obligation of each municipality in respect to such bonds or such maturities shall be reduced by its percentage as specified in paragraph 6 of this contract), of the principal amount of bonds so purchased or of said reserve, said reduction in case of the purchase of bonds, to be applied as to year, in accordance with the year of the maturity of the bonds so purchased. Any bonds so purchased shall be canceled. If the proceeds of the sale of the original bonds are for any reason insufficient to complete the project in accordance with the plans and specifications therefor, the drain commissioner shall, if necessary, submit to the Board of Supervisors of Oakland County a resolution providing for the issuance of additional bonds in an amount necessary to complete the project in which event the duties and obli- gations of the county agency and the municipalities as expressed and set forth in paragraphs 3 and 6 of 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 municipalities in the proportions and in the manner specified in paragraph 6 of this contract, shall be based upon the net cost 599 Commissioners Minutes Continued. November 19, 1970 of iha project and the tutu; ,Iwuni of all series or aonc;5 issued to ficosce the project. In lieu el the issuance of such additional bonds, any other method may be agreed upon by the county and the municipalities to provide the necessary funds to complete the project. 10. Each municipality which is a party to this contract, pursuant to the authorization of Act 342, Public Acts of 1939, 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 the year prior to the first year obligations shall become due hereunder, levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections: PROVIDED, HOWEVER, that if at the time of making such annual tax levy there shall be other funds on hand earmarked and set aside for the payment of such contractual obligations falling due prior to the next tax collection period, then the annual tax levy may be reduced by such amount. Such other funds may be raised in any manner permitted by law. 11. This contract is contingent upon the county issuing its negotiable bonds, as set forth in paragraph 3 and paragraph 9 of this contract, to defray the estimated net cost of the project, which bonds shall be issued under the authorization provided under said Act 342, Public Acts of Michigan, 1939 as amended. 12, The county and the municipalities each recognize that the holders from .time to time of the bonds issued by the county under the provisions of said Act 342, Public Acts of Michigan 1939, as amended and secured by the full faith and credit pledges of the municipalities to the making of their propor- tionate 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 municipalities and the drain commissioner 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 insofar as they pertain to the security of any such bonds, shall be deemed to be for the benefit of the holders of said bonds. 13. This contract shall become effective upon its execution by all the parties hereto. There- after this contract shall be in full force and effect until January 1 in,the year 2002. It shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. Nothing herein contained, however, shall require the county to construct and operate the project if it is unable to sell bonds to finance the same. This contract may be executed in any number of counterparts. 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 by executing the same on the date set beside the signature line of each signature. COUNTY OF OAKLAND CITY OF BERKLEY By CITY OF PLEASANT RIDGE By County Drain Commissioner By Mayor Mayor By By City Clerk City Clerk CITY OF CLAWSON CITY OF HUNTINGTON WOODS CITY OF SOUTHFIELD By By By Mayor Mayor Mayor By By By City Clerk City Clerk City Clerk CITY OF HAZEL PARK CITY OF MADISON HEIGHTS TOWNSHIP OF ROYAL OAK By By By Mayor Mayor Supervisor By By By City Clerk City Clerk Township Clerk CITY OF BIRMINGHAM CITY OF TROY CITY OF OAK PARK By By By Mayor Mayor Mayor By By By City Clerk City Clerk City Clerk CITY OF FERNDALE VILLAGE OF BEVERLY HILLS CITY OF ROYAL OAK By By By Mayor President Mayor By By By Cit y Clerk Village Clerk City Clerk CHRYSLLR I l‘'\. t, 1 \ \ \ 's \ \ ‘ 'N • \ NA \ \\ \ V. \ 1 • \ \ \ ! i • ci " I ( 1-75 ) s.s.` \ \ EXISTING 12 TOVINS OVERFLOW STRUCTURE---\< ) I-------- .1 OVERFLOW HIGHWAY PROPOSED OUTLET -WEIR . DEOUINDRE ROAD ..,_ 111 C. \ . '.." --• PROPOSEri T _ EXISTING 61 -o" DEOUINDRE INTERCEPTOR- ' \ \ \\ DEVIATErili .iG PUMP • \ \ \ • ‘ \\\\ \ , \ \ • \ \ n \ s. \ 0 . A I . \--I° 0 cr 1 .4 ca 1 \\\ . • • ..:-..sr-- E XIS -TING RED RUN I DRAIN R.O.',7, I %*"...." ,... •.„,,, "...., • ....., .,, I '• ''' ,. \ \\ • '\I \ ‘ '1/4 % \ \ \ ‘ 1 \ I 1,41 1 1 1 1 I tii —J 1 . \ % \ 1/4. • n,-..,....1 lk +, I.__ 1 '...... JOHN R, ROt,,D 1 PR 0 `k s'ciitrILT:.---- 11 EXISTING•0" INTERCEPTOR EXPRESS= ST EPI IENSON _ NA 1111 A -A- Commissioners Minutes Continued. November 19, 1970 600 POLLUTION CONTROL FACILITIES PROJECT-SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM ESTIMATE OF COST April 1970 Retention Chamber including grading, road bypasses, bridge removal and utility relocation $19,880,000.00 Chlorination, maintenance, storage and ventilation 500,000.00 Dewatering flushing pumping station, flushing piping, flushing equipment and maintenance equipment 2,900,000.00 Outlet Structure 1,000,000.00 CONSTRUCTION COST 24,280,000.00 Engineering, technical services, legal, fiscal, administrative and contingencies 3,620,000.00 Right-of-way acquisition 1,200,000.00 Acquire 142 cfs capacity in Detroit sewers 1,363,307.92 TOTAL PROJECT COST 30,463,307.92 We estimate the period of usefulness to be fifty (50) years and upwards. HUBBELL, ROTH & CLARK, INC. EXHIBIT "B" By: T. G. Biehl 3. That this Board of Commissioners does hereby approve the Revised Estimate of Cost as submitted in the amount of $26,000,000 and does hereby determine that it is now necessary to issue county bonds in the principal amount of $13,275,000 to defray part of the cost of extending, improving and enlarging the Southeastern Oakland County Sewage Disposal System in accordance with the provisions of the aforesaid contract. 4. That subsequent to the execution of said contract by the Drain Commissioner pursuant to section 2 of this resolution, the bonds of said County of Oakland aggregating the principal sum of Thirteen Million Two Hundred Seventy-Five Thousand Dollars ($13,275,000) shall be issued and sold pursuant to the provisions of Act No. 342 of the Michigan Public Acts of 1939, as amended, and other applicable statutory provisions, for the purpose of defraying part of the cost of extending, improving and enlarging the Southeastern Oakland County Sewage Disposal System. That the said bonds shall be known as "Southeastern Oakland County Sewage Disposal System Bonds, Series 1970"; shall be dated as of December 1, 1970, shall be numbered consecutively in the direct order of their maturities from 1 upwards; shall be coupon bonds in the denomination of $5,000 each; shall be registrable as to principal only in the manner hereinafter set forth in the bond form; shell bear interest at a rate or rates to be hereafter determined not exceeding 7-1/2% per annum, payable on November 1, 1970 and thereafter semi-annually 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: 1972 - $225,000 1979 - $325,000 1986 - $450,000 1993 - $600,000 1973 - 250,000 1980 - 350,000 1987 - 450,000 1994 - 600,000 1974 - 275,000 1981 - 350,000 1988 - 500,000 1995 - 600,000 1975 - 275,000 1982 - 375,000 1989 - 500,000 1996 - 600,000 1976 - 300,000 1983 - 375,000 1990 - 550,000 1997 - 700,000 1977 - 300,000 1984 - 400,000 1991 - 550,000 1998 - 700,000 1978 - 325,000 1985 - 400,000 1992 - 550,000 1999 - 700,000 2000 - 700,000 All bonds shall have proper coupons attached thereto evidencing interest to their respective dates of maturity. Bonds maturing prior to May I, 1983 shall not be subject to redemption prior to maturity. Bonds maturing on or after May 1, 1983 shall be subject to redemption prior to maturity at the option of the county in inverse numerical order on any one or more interest payment dates on and after May 1, 1982 at par and accrued interest plus a premium on each bond called to be redeemed 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, 1993 2% if called to be redeemed on or after May 1, 1993, but prior to May 1, 1996 1% if called to be redeemed on or after May 1, 1996, but prior to maturity Notice of redemption shall be given to the holders of the bonds called to be redeemed, by publication of such notice not less than thirty (30) days prior to the date fixed for redemption 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: Provided, that where any bonds shall be registered, then notice of the redemption thereof shall be given by registered or certified United States mail addressed to the registered holder thereof at the address shown on the principal paying agents registration books, which notice shall be mailed not less than thirty (30) days prior to the date fixed for redemption. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the principal paying agent to redeem the same. 5. That the said bonds shall be issued in anticipation of payments to be made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hi Is pursuant to the Contract between the County of Oakland and the said municipalities dated as of April 1, 1970 and set forth herein. 6. That the said bonds shall be primarily secured by the full faith and credit pledges made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, in said Contract with the county pursuant to authorization contained in Act No. 342 of the Michigan Public Acts of 1939, as amended. As additional and secondary security for the payment of the principal of and interest on said bonds the full faith and credit of the county is hereby pledged for the prompt payment of said principal and interest, when due. 601 Commissioners Minutes Continued, November 19, 1970 7. That the principal of said bonds and the interest thereon shall be payable in lawful money of the United States of America at a 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, upon presentation and surrender of said bonds and attached coupons as they severally mature. Such purchaser shall have the right to name a similarly qualified co-paying agent. 8. That the Chairman of the Oakland County Board of Commissioners, the County Drain Commissioner and the Oakland County Clerk are hereby authorized and directed to execute said bonds for and on behalf of the County of Oakland and to affix the seal of the county thereto, and to execute the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile signatures. 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. 9. That the said bonds and coupons shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND Number $5,000 SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM BOND, SERIES 1970 KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland in the State of Michigan, hereby acknowledges that it is indebted and for value received promises to pay to the bearer hereof (or if this bond be registered, to the registered holder hereof) the sum of FIVE THOUSAND DOLLARS on the 1st day of May, A. D. 19 , and to pay interest thereon at the rate of per centum ) per annum from the date hereof until paid, said interest being payable on November 1, 1971, and thereafter semi-annually on the first days of May and November in each year. Both principal and interest are payable in lawful money of the United States of America at , principal paying agent in the City of , upon presentation and surrender of this bond and the coupons hereto attached as they severally mature. This bond is one of a series of bonds of like date and tenor except as to date of maturity , numbered consecutively in the direct order of their maturities from 1 to 2655, both inclusive, aggregating the principal sum of Thirteen Million Two Hundred Seventy-Five Thousand Dollars ($13,275,000) issued by said County of Oakland under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342 of the Michigan Public Acts of 1939, as amended) for the purpose of defraying part of the cost of extending, improving and enlarging a county sewage disposal system known as the Southeastern Oakland County Sewage Disposal System. The bonds of this series are issued in anticipation of payments to be made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills in the aggregate amount of Thirteen Million Two Hundred Seventy Five Thousand Dollars ($13,725,000) pursuant to the Southeastern Oakland County Sewage Disposal System 1970 Contract dated as of April 1, 1970 between the County of Oakland and the foregoing municipalities. The full faith and credit of the said municipalities have been pledged to the prompt payment of their respective shares of the foregoing amount and the interest thereon as the same become due. As additional security for the payment of the principal of and interest on the bonds of this series, the full faith and credit of the county are hereby pledged for the prompt payment thereof. Bonds maturing prior to May 1, 1983 shall not be subject to redemption prior to maturity. Bonds maturing on and after May 1, 1983 shall be subject to redemption prior to maturity at the option of the county in inverse numerical order on any one or more interest payment dates on and after May 1, 1982 at par and accrued interest plus a premium on each bond called to be redeemed 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, 1993 2% if called to be redeemed on or after May 1, 1993, but prior to May 1, 1996 1% if called to be redeemed on or after May 1, 1996, but prior to maturity. Notice of redemption shall be given to the holders of bonds called to be redeemed, by publi- cation 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: Provided, that where any bond shall be registered, then notice of the redemption thereof shall be given by registered or certified United States mail addressed to the registered holder thereof at the address shown on the bond registration books of the principal paying agent, which notice shall be mailed not less than thirty (30) days prior to the date fixed for redemption. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the principal payIng agent to redeem the same. This bond may be registered as to principal only in the name of the holder on the books of the principal paying agent, and such registration noted on the back hereof by an official of said paying agent, and thereafter no transfer shall be valid unless made upon the said books and likewise noted on the back hereof. Transferability by delivery may be restored by registration to the bearer. Negotiability of the interest coupons shall not be affected by registration. It is hereby certified, recited and declared that all acts, conditions and things required to Ilxist, 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 law, and that the total indebtedness of said county, including this series of bonds, does not exceed any constitutional or statutory limitation. Commissioners Minutes Continued. November 19, 1970 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 its Board of Commissioners, the County Drain Commissioner and the County Clerk, and its corporate seal to be affixed hereto, and has caused the attached interest coupons to be executed with the facsimile signatures of said officers, all as of the first day of December A. D. 1970. COUNTY OF OAKLAND By Chairman of Board of Commissioners By County Drain Commissioner By (SEAL) County Clerk (COUPON) Number On the first 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 of same being the interest due on that day on its Southeastern Oakland County Sewage Disposal System Bond, Series 1970, No. , dated December 1, 1970. This coupon is subject to redemption provisions in said bond. (FACSIMILE) County Clerk _VACSIMILE) County Drain Commissioner 602 (FACSIMILE) Chairman of Board of Commissioners In Whose Name Registered REGISTRY Date of Registration Signature of Official of Paying Agent 10. That there shall be established for the system a Principal and Interest Fund which shall be kept in a separate bank account. From the sale of said bonds there shall be set aside in said Principai and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of the delivery of the same. The remainder of the proceeds of said bonds shall be used forthwith to defray the cost of extending, improving and enlarging the system. All payments to be made by the munici- palities on account of their contract obligations shall be placed in said Principal and interest Fund. 11. That the issuance and sale of said bonds shall be subject to permission being granted therefor by the Municipal Finance Commission of the State of Michigan and the County Drain Commissioner, as county agency, is hereby authorized and directed to make application to said commission for permission to issue and sell said bonds as provided by the terms of this resolution. 12. That the County Drain Commissioner 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 effectuate the sale, issuance and delivery of said bonds, subject to the provisions of this resolution. 13. That sealed proposals for the purchase of $13,275,000 Southeastern Oakland County Sewage Disposal System Bonds, Series 1970 to be issued by the County of Oakland, Michigan to be dated December I, 1970, be received up to such time as shall be hereafter determined by the county agency and that notice thereof be published in accordance with law in the Daily Tribune, a newspaper of general circulation in said county and in The Bond Buyer, a publication printed in the English language and circulated in the State of Michigan, which carries as a part of its regular service notices of the sale of municipal bonds, which notice shall be substantially in the following form; OFFICIAL NOTICE OF SALE $13,275,000 COUNTY OF OAKLAND STATE OF MICHIGAN SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM BONDS, SERIES 1970 Sealed bids for the purchase of Southeastern Oakland County Sewage Disposal System Bonds, Series 1970, to be issued by the County of Oakland, Michigan, of the par value of $13,275,000 will be received by the undersigned at the office of the Oakland County Drain Commissioner, 550 South Telegraph Road, in the City of Pontiac, Michigan, until o'ciock „M., Eastern Standard Time, on the day of f 19_, at which time and place the said bids will be publicly opened and read and the bonds will be awarded. Said bonds will be dated December 1, 1970, will be coupon bonds (registrable as to principal only), all in the denomination of $5,000 each, will be numbered consecutively in the direct order of their maturities from I upwards, and will bear interest from their date at a rate or rates not exceeding 7-1/2% per annum, payable on November 1, 1971, and thereafter semi-annually on May 1 and November 1 of each year. Each bid shall state the annual Interest rate or rates upon which it is submitted, expressed in multiples of either 1/8th or 1/20th of 1% or both. The interest on any one bond shall be at one rate only and shall be represented by one coupon for each coupon period. All bonds maturing in the same year shall bear the same rate of interest and no bond of this issue shall bear interest at a rate per annum which is less than 50% of the interest rate on any other bond of this issue. Accrued interest to date of delivery of such bonds must be paid by the purchaser at the time of delivery. Said bonds will mature serially on the first day of May in each year as follows: 1972 - $225,000 1973 - 250,000 1974 - 275,000 1 975 - 275,000 1976 - 300,000 1977 - 300,000 1978 - 325,000 1979 - 325,000 1980 - 350,000 1981 - 350,000 1982 - $375,000 1983 - 375,000 1984 - 400,000 1985 - 400,000 1986 - 450.000 1987 - 450,000 1988 - 500,000 1989 - 500,000 1990 - 550,000 1991 - 550,000 1992 - $550,000 1993 - 600,000 1994 - 600,000 1995 - 600,000 1996 - 600,000 1997 - 700,000 1998 - 700,000 1999 - 700,000 2000 - 700,000 603 Commissioners Minutes Continued, November 19, 1970 Bonds maturing prior to May 1, 1983 shall not be subject to redemption prior to maturity. Bonds maturing on or after May 1, 1983 shall be subject to redemption prior to maturity at the option of the county in inverse numerical order on any one or more interest payment dates on and after May 1, 1982 at par and accrued interest plus a premium on each bond called to be redeemed 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, 1993 2% if called to be redeemed on or after May 1, 1993, but prior to May 1, 1996 1% if called to be redeemed on or after May 1, 1996, but prior to maturity.- Notice of redemption shall be published 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 or if the bonds be registered, then notice shall be sent by registered or certified United States mail to the registered holders, at least thirty (30) days prior to the date fixed for redemption. 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. Both principal and interest will be payable at such bank and/or trust company which qualifies as a paying agent under Michigan or Federal law and which shall be designated by the original purchaser of the bonds. A similarly qualified co-paying agent may also be named. The bonds are to be issued pursuant to the provisions of Act No. 342 of the Michigan Public Acts of 1939, as amended, and other applicable statutes in anticipation of the payments to be made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, in the aggregate amount of Thirteen Million Two Hundred Seventy Five Thousand Dollars ($13,275,000) pursuant to a contract between the countyand said municipalities dated as of April I, 1970. The proceeds of said bonds will be used to defray part of the cost of extending, improving and enlarging a county sewage disposal system known as the Southeastern Oakland County Sewage Disposal System. The full faith and credit of the said municipalities have been pledged to the prompt payment of their respective shares of the foregoing amount and the interest thereon as the same shall become due. As additional security for the payment of the principal of and interest on the bonds, the full faith and credit of the county is pledged for the prompt payment thereof. For the purpose of awarding the bonds, the interest cost of each bid will be computed by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month next following the date of receiving bids or the date of the bonds, whichever is later) to their respective maturities and deducting therefrom any premium. The bonds will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the county. No proposal for the purchase of less than all of the bonds or at a price less than their par value, will be considered. A certified or cashier's check in the amount of $265,500 drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the County of Oakland must accompany each bid as a guarantee of good faith on the prt of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. Payment for said bonds shall be made in Federal Reserve funds. Bids shall be conditioned upon the unqualified opinion of Dickinson, Wright, McKean & Cudlip, attorneys, Detroit, Michigan, approving the legality of the bonds. The cost of said legal opinion and of the printing of the bonds will be paid by the county. There will also be furnished at the time of the delivery of the bonds the usual closing papers including a non-litigation certificate, dated as of the date of such delivery. Bonds will be delivered at New York, New York, Chicago, Illinois, or Detroit, Michigan. The successful bidder shall have the right, at his option, to cancel the contract of purchase if the bonds are not tendered for delivery within 45 days from the date of the sale thereof, and in such event the successful bidder shall be entitled to the return of the deposit accompanying the bid. The right is reserved to reject any or all bids. Envelopes containing the bids should be plainly marked "Proposal for Bonas' Dated: 19. Oakland County Drain Commissioner, county agency APPROVED: STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 14. That a copy of the foregoing notice of sale shall be forwarded to the Municipal Finance Commission of the State of Michigan for its approval. 15. That all resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Commissioners Minutes Continued. November 19, 1970 POLLUTION CONTROL F ACILITIES PROJECT - SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM November 1970 CONSTRUCTION COST $19,440,000.00 Engineering, Technical Services, Legal, Fiscal, Administrative and Contingencies 3,696,692.08 Right-of-Way Acquisition 1,500,000.00 Acquire 142 cfs Capacity in Detroit Sewers 1,363,307.92 TOTAL PROJECT COST 26,000,000.00 Less Federal and State Grants 12,725,000.00 AMOUNT OF BOND ISSUE 13,275,000.00 We estimate the period of usefulness to be fifty (50) years and upwards. HUBBELL, ROTH & CLARK, INC. By T. G. Biehl PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Mahlon Benson, Jr., E. Frank Richardson George N. Grba, William M. Richards Thomas H. O'Donoghue Moved by Horton supported by Szabo the resolution be adopted. Discussion followed, AYES: Gabler, Orbs, Horton, Houghten, Kasper, Mainland, Mastin, O'Donoghue, Olson, Patnales, Perinoff, Powell, Richards, Szabo, Walker, Wilcox, Bawden, Benson, Coy, Edwards. (20) NAYS: Brennan. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5547 By Mr. Coy IN RE: OPPOSITION TO PURCHASE OF 220 ACRES OF LAND BY PARKS AND RECREATION COMMISSION To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is considering the purchase of approximately 220 acres of land in Commerce Township for use as a County Park, and WHEREAS the Township officials and the residents of Commerce Township are overwhelmingly opposed to such park, and WHEREAS approximately 22% of the land area in Commerce Township is presently dedicated to the use of the public for parks, nature trails and the like, and WHEREAS the present highway system in Commerce Township is not adequate to handle the traffic which would be generated by such park, and WHEREAS the Oakland County Parks and Recreation Commission failed to answer questions adequately concerning specific uses of such park, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Parks and Recreation Commission to reconsider its decision to purchase approximately 220 acres of land in Commerce Township for a County Park, and not to proceed with the purchase until the proper Committee of this Board has had an opportunity to review this matter and confer with all interested parties. Mr. Chairman, I move the adoption of the foregoing resolution. Lew L. Coy Moved by Coy supported by Powell the resolution be adopted. Discussion followed. Moved by Bawden the resolution be referred to the proper committee, The Chairman referred the resolution to the Planning, Zoning and Building Committee. Mr. Houghtee announced that the Public Hearing on the Budget scheduled for December 3, 1970 has been postponed until December 17, 1970 at 7:30 P. M. Moved by Mcughten supported by Grba the Board adjourn to December 3, 1970 at 7:30 P. N. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 12:07 P. M. Lynn D. Allen Robert F. Patnales Clerk Chairman