HomeMy WebLinkAboutMinutes - 1959.08.05 - 768541
OAKLAND COUNTY
Board Of Supervisors
MEETING
August 5, 1959
Meeting called to order by Chairman Delos Hamlin.
Invocation given by Arthur G. Elliott, Jr.
Roll Called: Alward, Bender, Bonner, Calhoun, Cardon, Carey, Cheyz, Christensen, Clack, Clawson,
Croteau, Cummings, Davis, Dickens, Dohany, J. W. Duncan, R. Duncan, Elliott, Fouts, Frid, Goodspeed, Hall, Hamlin,
Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horkey, Horton, Huber, Hulet, Hursfall, Ingraham, Johnson,
Kiser, Knowles, Lahti, Levinson, MacDonald, Majer, McGovern, McPherson, Menzies, Clarence Miller, Cyril Miller,
Mitchell, 0/Donoghue, Oldenburg, 011ar, Quinlan, Ransom, Remer, Rhinevault, Schock, Semann, Sinclair, F. Smith,
W. Smith, Solley, Staman, Stevens, Swanson, Taylor, Thatcher, Tiley, Tinsman, Toll, Yockey. (70)
Absent: Allerton, Boyer, Castle, Clark, Ewart, Hudson, Kephart, Lewis, Lilly, McCartney, Romer,
Webber. (12)
Quorum Present
Moved by Cummings supported by Hulet the minutes of the previous meeting be approved as printed.
A sufficient majority having voted therefor, the motion carried.
Clerk read cards of thanks from Ferris B. Clark, Joe Haas, the family of Lloyd H. Ferguson and the
family of Howard K. Kelley. (Placed on file.)
Clerk read appointment of the following supervisors:
Oak Park City - Donald Melchert (City Assessor)
Virgil C. Knowles (To fill vacancy created by the resignation of Richard Castle)
Royal Oak City - John B. Osgood (replaces the late Howard K. Kelley)
Clawson City - Duncan L. Gillis (replaces Robert Romer)
The Chairman appointed David R. Calhoun a member of the Supervisors Inter-County Committee to replace
the late Howard K. Kelley, and Robert R. Boyer a member of the Miscellaneous Committee to replace Robert D. Romer.
The Chairman recommended the appointment of John S. Osgood as a member of the Southeastern Michigan
Water Authority to replace the late Howard K. Kelley for the term expiring June 30, 1961.
Moved by Ingraham supported by Clawson the appointment be approved.
A sufficient majority having voted therefor, the motion carried.
Clerk read communication from the State inspector of Jails commending Sheriff irons for his efficient
supervision of the jail. (Placed on file.)
Clerk read resolution from Wayne County requesting that the Huron Clinton Metropolitan Authority reduce
its millage request for its 1960 budget from 1/4 mill to 1/5 mill upon each dollar of state equalized valuation.
(Referred to Ways and Means Committee.)
Clerk read a memorial resolution for Howard K. Kelley from the City of Ferndale. (Placed on file.)
Clerk read resolution from the City of Sylvan Lake requesting that the Oakland County Budget for 1960
be decreased. (Referred to Ways and Means Committee.)
Clerk read letter of appreciation from D. B. Varner, Chancellor of Michigan State University Oakland,
for the cooperation they have received from this Board, the Road Commission and the Department of Public Works.
(Placed on file.)
Misc. 3549
By Mr. F. Smith
IN RE: PAYMENT OF ADVANCE BY BOARD OF PUBLIC WORKS
To the Oakland County Board of Supervisors
Mr.Chairman, Ladies and Gentlemen:
The County Department of Public Works reports the repayment of funds previously advanced on the Ever-
green and Farmington Sewage Disposal Systems, as follows:
Evergreen
Advance to Drain Office $20,000.00
Proportionate advance for purchase of pumping station site 6,655.04
Expenditures from budget appropriations of D.P.W. 28,810.12
Total Evergreen $55,465.16
Farmington
Advance to Drain Office $20,000.00
Proportionate advance for purchase of pumping station site 22,344.96
Expenditures from budget appropriations of D.P.W. 64,067.54
Total Farmington $106,412.50
County Building, Ways and Mean and Buildings and Grounds
m • • !ntion and request a roll e. la vote.
A') MEANS COMMITTEE BtILDINGS AND GROUNDS COMMITTEE
Fr e . W. Smith, Chairman
R. C. Cumrn ,
David Levin'el
Hiland. M. Th,tcher
Orph C. Holmes
Frank J. Voll, Sr.
John L. Carey
Luther Heacock, Chairman
Harry W. Horton, J. Wesley Duncan
Maurice J. Croteau, Leroy Davis
A. Taylor Menzies, Paul W. McGovern
44
Supervisors Minutes Continued. August 5, 1959
Lot #223, Bloomfield Hills Addition Subdivision, City of Pontiac
Lot #235, Bloomfield Hills Addition. Subdivision, City of Pontiac
South 25 ft. of Lot 80 and North 12-1/2 : of Lot 81, Bloomfield
Hills Addition Subdivision, City of G • t.a
TIEREORE BE IT RESOLVED that the three parcels of prone, • , above described be released to the Buildings
and Grounds Committee for sale pursuant to the By-Laws.
Mr. Chairman, on behalf of the Welfare Committee, I move the adoption of the foregoing resolution.
WELFARE COMMITTEE
Genevieve C. Schack, Peter P. Quinlan, Maurice J. Croteau
R. W. Lahti, Arthur G. Elliott, Jr.
Moved by Schock supported by Croteau the resolution be adopted.
A sufficient majority having voted therefor, the motion carried.
Misc. 3555
By Mr. Levinson
IN EZ: ACCEPT WITHDRAWAL OF ARCHITECTURAL AND MECHANICAL BIDS FOR FIRST UNIT OF OAKLAND COUNTY COURT HOUSE
To the Gakland County Board of Supervisors
Mr. Ce Ladies and Gentlemen:
,OiREAS this Board, by the adoption of Miscellaneous Resolution No. 3536 on June 2, 1959, authorized
the t n. of the architectural contract for the first unit of the Court House Office Building to J. A. Freiman
Ceen -oo ar Pontiac, Michigan, and the mechanical contract to R. L. Spitzley Company for the sums as set forth in
,olution, and
WHEREAS subsequent to the adoption of this resolution, an action was instituted in the Circuit Court of
the County of Oakland by Frank Scruggs, Jr., a taxpayer living in the City of Royal Oak, contesting the award of
the general architectural contract to the J. A. Fralmul Company, and
WHEREAS the Honorable Frank L. Doty, H. Russel Holland and William J. Beer, Circuit Judges for the
County of Oakland, did on the 29th day of June 1959, enter a decree in favor of the County dismissing the action
brought by Mr. Scruggs, and
WHEREAS on the 14th day of July an appeal was filed by Mr. Scruggs to the Michigan Supreme Court
appealing the ruling of the three County Circuit Judges, and
WHEREAS the J. A. Freiman Company of Pontiac, Michigan, which was awarded the general architectural
contract, has advised the Board by letter dated July 17, 1959 0 that due to the delay involved in the appeal to
the Supremo Court, it will be unable to hold its bid firm and has therefore given notice of withdrawal of its
bid, and
WHEREAS the R. L. Spitzley Company, mechanical contractor, which was awarded the contract under
Miscellaneous Resolution No. 3536 has also notified the Board that it will be unable to hold its bid firm, and
WHEREAS the Schultz Electric Service, the electrical contractor, has executed a contract for the work
to commence upon the execution of the contract of the general contractor, and
WHEREAS this Board of Supervisors has now been informed by Frank Scruggs, Jr., the Plaintiff in the
case entitled "Frank Scruggs, Jr., Plaintiff vs. Oakland County Board of Supervisors, Defendant," being Oakland
County Circt t Court Case No. C-31215, by his attorney, that if the project is resubmitted for bids that the
appeal will .e withdrawn and dismissed, and
IIJIEAS the A. K. Shmina & Sons Company, by its attorney, has advised this Board that if the project
is resubmitiad for bids, no action or proceedings will be taken by the said Company in respect to said resub-
mission or the original submission;
NOW THEREFORE BE IT RESOLVED that this Board accept the withdrawal of the bids of J. A. Fredman. Company,
general contractor, and R. L. Spitzley Company, mechanical contractor, in connection with construction of the
first unit of the Oakland County Court House;
BE IT FURTHER RESOLVED that theme portions of Miscellaneous Resolution No. 3536 awarding the general
contract to J. A. •Fredman Company and the mechanical contract to the R. L. Spitzley Company be rescinded;
BE IT FURTHER RESOLVED that said Miscellaneous Resolution No. 3536 be confirmed as to the award of
the electrical contract to Schultz Electric Service.
Mr. Chairman, on behalf of the Special
Committees, I move the adoption of the foregoing
SPECIAL COUNTY BUILDING COMMITTEE
David Levinson, Chairman
H. Lloyd Clawson, a. 0. Cummings
Harry W. Horton, Fred L. Yockey
Frazer W. Staman, Paul W. McGovern
Moved by Levinson supported by Cummings the resolution be adopted.
Clerk read the following letters:
J. A. FREDMAN, INC.
GENERAL CONTRACTCES
735 South Paddock Street
Pontiac, 19 Michigan
July 17, 1959
Oakland County. Board of Supervisors
Pontiac, Michigan Re: Oakland County Court House
Gentlemen:
Some time ago, this Company submitted to you a bid for the construction of the above project. It had
been anticipated that if this bid was accepted and a contract entered into pursuant thereto, it would be
possible to begin work early in May and have the structure substantially completed in time to avoid the delay
and expense encountered in such construction during the winter months.
45
r bid
Supervisors Hinutes Continued- AuFust 5, 19,59
1y coH.,..,•
nd re-ex ea
CJ 7.5at in pro:osrc'e
f -o j. A. Fredman,
therefore, requeei
11 rights and remedise
bmission and eoceie.
esh thi
r,
t this
it vd1.1.
ett- that bA
').1e , re, sirr,.
whether r' ,-71.7. J. A. .
months, r: all
After a Ur) „
tre ]ns f time alreace
it is i-ji, that it is
• ?.•.ce.s.e.
J. A. Fr
ysgsees t•
frcmr or e ...•0•ving out
TA, is with g• eJame regret that this es
securing the contract lyr this project, but the cslr ,
the commutment requested.
Your courtesy and consideration
of that acce:Ttor, TI i issues
t teArrt fave-d.bly 1. • ycd- sCEht to
Court. It our ,.cricee ,s;
than some se- d rk'e:Le- of
ess of your acceptance of this ,ompanyts
to enter into a contract with this Company
e certain will be legally binding on the
only until August 3, 1959, you have asked us
bid firm for an additional period of six
le .'er shall first occur,
our had and the costs underlying it, as well as
4 he additional costs which must result therefrom,
it itself to hold this bid firm for the period
e it from its bid, in return for such release
no ht have against the County of Oakland for damages
this matter.
'eseo reached. This Company is most desirous of
:se of the matter make it impossible for us to make
involved
accept t,.:.
that the ,
this yeae-
accepted by y'co.,
tn determine.
)14 been
, of this
bid is. r
on the bie..J .
Board.
throughout, thrm.e ,tire proceedings is sincerely appreciated.
Vero trees yours,
J. A. PF.(Ai..N, INC.
J. A. Preaman /s/
President
DENFIC DOYLE
Attord,y and Counselor
Pe . 2 ,ilding
DetreIL 1,, Michigan
July -1, 1959
Oakland County Board of Supervisors
Court House Office Building
Pontiac, Michigan
Gentlemen
As attorney for and on behalf of A. Z. Shmina & Sons Company, I hereby advise you and agree that if
the proposed project namely, "The Construction of the First Unit of the Oakland County Court House, Pontiac,
Michigan" is resubmitted for bids, no action or proceedings will be taken by the said A. Z. Shmina gc Sons
Company in respect to said resubmission or the original submission for bids and said A. Z. Shimina & Sons
Company hereby agrees to the proposed project being resubmitted for bids.
Yours very truly,
Dennis Boyle /s/
DENNIS BOYLE
Attorney and Counselor
Penobscot Building
Detroit 26, Michigan
July 21, 1959
Oakia Eoard of Supervisors
Court Hosts:: ,,,4Li..ce Building
Pontiac,
Gentlemen:
• ' •:).1f of and as attorney for Frank Scruggs .0 case No. C-31215 entitled "Frank Scruggs Jr. vs.
Oaklaed re , ,o• _,o,rd of Supervisorsilin the Circuit Court in '; County of Oakland County, In Chancery, I hereby
advise at ai.:e that if the proposed project, "The C(est ,e•e1ea of the First Unit of the Oakland County Court
House, Pc-etee:, Michigan" is resubmitted for bids, the c,L7 Frank. ScrugEs Jr. to the Supreme Court of the
State of Michigan, which was filed under date of June 14, will be withdrawn and dismissed and no further
action or proceedings shall be taken in the matter.
Yours very truly,
Denre:.s Doyle- /s/
R. L. CHILC 1 IY HEATING CO.
1200 Ft,o STREET WEST
DETROIT 26
July 31, 1959
Oakland County Board of Auditors
Court House Office Building
Pontiac 15, Michigan
Attention% Mr. John C. Austin, Vice -Chairman
Gentlemen:
We hereby release the County of Oakland from
Oakland County Court House, and we hereby waive all r
Oakland for damages from or growing out of the submd
Ver
R. L.
J. H. t,
President
Discussion followed.
tted under date of April 21, 1959 for the
which we may have against the County of
of bids in this matter,
a h ,ating Company
/s/
46
Supervisors Minutes Continued, August 5, 1959
, Bender, Bonner. Calhoun, Ca don,
Cu5m.C_3ae. f: Dohany, j. W. Duncan, R. Dance
Hil:ele:•a.,'t. I • a . Hocking; . Horkey,
. aaht: -a MacDonald, Maj.. McGovel
.d.denburg, 011ar, Ot•ood„ Qui
F. S.,ath, W. :kith, Foley, Staman, Stever,. , Swanson, Tai-
NAYS: D'4,.,ne. (0)
A sufficient majority having voted therefor, the resolution was adopted.
OK BIDS FOR ARCHITECTURAL AND MECHANICAL CONTRACTS FOR FIRST UNIT OF COURT HOUSE
en-visors
ha a accepted the withdrawal of J. A. Fredman Company as architectural contractor
and R. F. D ,.: a aeny as mechanical contractor in connection with bide submitted by them and accepted by
tk F J.59, and
be necessary to readvertise and .tke new bids for the architectural and mechanical
dii BE IT RESOLVED that the Special Cour6y iding Committee and the Board of Auditors be and
lzed to proceed immediately to expedite 'te ecessary procedure to obtain construction bids
unit of the Court House to be erected at F. vice Center, such bids to be received and analyzed
'faa Special County Building, Buildings and Oa •.nee and Ways and Means Committees, following which the
fa- lHinge anall be submitted to the Board of Supervisors er lanai consideration and approval.
Mr. Chairman, on behalf of the Special County 'oAilding, Ways and Means and Buildings and Grounds
Committees, I move the adoption of the foregoing resolution.
SPECIAL COUNTY BUILDING COMMITTEE WAYS AND MEANS COMMITTEE BUILDINGS AND GROUNDS COMMITTEE
David Levinson, Chairman Fred W. 'kith, Chairman Luther Hancock, Chairman
F. Lloyd Clawson, R. C. Cummings R. C. Cemmjnas Harry W. Horton, J. Wesley Duncan
Harry W. Horton, Fred L. Yockey Davd ';..!alneon Maurice J. Croteau, Leroy Davis
Frazer W. Stamara, Paul W. McGovern aland a, 11.tcher A. Taylor Menzies, Paul W. McGovern
Orph C. Holt,. a
Frank J. Vril, Sr.
john L. CaraY
Moved by Levinson supported by Cyril Miller the resolution be adopted.
A sufficient majority having voted, therefor, the resolution was adopted.
7:7:RD K. KELLEY
aaa'd of Supervisors
C,itlement
cta could be expressed in m:A03 I of Howard K. Kelley, Mayor of Royal Oak and a member of
e spoken by the Reverend C. Jatho in the simple service attended by M01-9 than
faia is at the St. John's Episcopel Church on Tuesday, June 23, 1959, four days after his
1959. The Reverend Jatho said: "Ken Kelley was faithful to his country, faithful
O, leithfv "'. to his family, faithful to his friends, faithful to his responsibilities, . ."
Howard, who away at the age of forty, had served as Mayor of Royal Oak since 1953. He had
.ocir of the aiy•,1 Oak City Commission since before he finished college. Ai- a member of this Board of
:or five yea-e, he was known for his adership in the interests of previt .rt. an adequate water
suppi, n a eako Huron for the southeastern Mich .4.nr area. He was known for his E.,.A.1E,L,S to make government
a '.7fe was pledged to preserve the tt:rea..1h ;J' local goverment and help it overcome its wealinesses.
As expressed in an editorial in the Royal Daily Tribune two days after his death: "He died too
soon. Nat that his work was uncompleted; public e ,e-vire never is. Because he had so much to give and was so
generous of himself. This community, all of South Oakland, has lost a dedicated man."
Howard Kelley was born in Highland Park on December 1/4. 1918, and moved to Royal Oak with his parents
at the age of three. He was a graduate of Royal Oak High 5. ':'.col, and Class President in 1936. He entered the
Army during World War II as a Private and rose to the rp,:le Cartain. He attended the University of Michigan,
the Detroit Institute of Technology and received his la,) cbn. oe from the Detroit College of Law.
As a public official, he was alert to the needs Loa. desires of the individual—always keeping an eye
on the needs of which individuals might not have been aware.
It in very appropriate to have the words of Reverend. Jatho, as spoken at the conclusion of the Memorial
Service for Howard, included as a part of this resolution so that they will be engraved in the public records
forever. As his voice broke, the Reverend Jatho said: "By faith Ken Kelley educated himself. By faith he
served his country. By faith this youngest Mayor of Royal Oak gave himself unstintingly. . By faith he
rendered • . a masterful record."
Howard is survived by his wife Louise, his two (ADiren, Leslie Annc. age 12, and Howard W., age 9;
his mother Mrs. George Cook, all of Royal Oak, and a broth. E. of Florida.
Mr. Chairman, on behalf of the Special Commitia , a-al. the membaLe. of the Board of Supervisors, I
move that the foregoing resolution be spread upon thc mo !!:c. af this meeting of the Board and that a certified
copy thereof be forwarded by the County Clerk to his .°c: and children.
SPECIAL CoMMTFIEE
Harry W. leJrton, Chairman.
Fred. W. Smith, William C. Hudson
E. Lloyd Clawson, Harold J. Remer
The .a..aeolan was unanimously supported and adopted.
47 Supervisors Minutes Continued, August 5, 1959
IN RE: M.3.0 -CAY71!.ND SEWAGE DISPOSAL SYSTEM
Me, lia,,,Ler presented the following letter:
Oakland County Le•del of Supervisors
Pontiac, Michigan
Gentlemen:
As rS,(.r ,aaJa -•' tee Beard of Public Works I am submitting to you the following:
..iflertions for the M.S.U.-Oakland Sewage Disposal System. These plans end emcifi-
cations ! aeepted by the Board of Public Works and should be approved by your board are then
returned •?..% tLe owe • ! Public Works with a statement thereon of such approval.
y of an eelimate of the cost of the M.S.U.-Oakland Sewage Disposal System which is in the sum
of an estimate of the period of usefulness thereof which is 30 years and upwards. These estimates
shou:!d le be approved by your board.
• Calpy of a contract dated July 14. 1959, between the County of Oakland and J. F. Pritchard & Company
For the a•sruction by the latter of the M.S.U.-Oakland Sewage Disposal System, the contract price being
$643,000 e:th certain minor possible adjustments. This contract has been approved by the Board of Public Works.
This should be approved by your board and its execution authorized.
i. Copy of a contract dated June 24, 1959, between the County of Oakland and the Township of Avon and
the Toeo:Ap of Pontiac for the furnishing by the county of sewage disposal services to those portions of said
?s lying within the M.S.U.-Oakland Sewage Disposal District. This contract terminates 10 years from the
he thereof. This contract has been approved by the Board of Public Works. This contract should be approved
bo your board and its execution authorized.
Respectfully submitted
Hiland M. Thatcher
Secretary of the Board of Public Works
ESTIMATE
Board of Public Works of Oakland County
Pontiac, Michigan
Gentlemen:
I hereby estimate the cost of the M.S.U.-Oakland Sewage Disposal System to be constructed in accordance
with plans and specifications therefor on file with the Board of Public Works to be as follows;
Construction cost as per contract 643 , 400.00
Contingencies 4,775.00
Legal fees 3,500.00
Capitalized interest for six months on $370,000 of bonds at 4-1/2% 8,325.00
7T0 0 000.00
Less portion to be paid from available funds 290,000.00
Balance to be financed by bonds 4370,000.00
The above estimate does not include engineering fees and administrative expense inasmuch as those items
are to be paid from available cash.
I hereby estimate the period of usefulness of the foregoing project to be 30 years and upwards.
Frank Naglich
Assistant Chief Engineer for Oakland County Department of
Public Works and Registered Professional Engineer
AGREEMENT
This contract made this 14 day of July, 1959, by and between the COUNTY OF OAKLAND, a Michigan county
corporation (hereinafter called the "County") by and through its Department of Public Works, party of the first
part and J. F. PRITCHARD AND COMPANY, a Missouri corporation of Kansas City, Missouri (Hereinafter called the
"Company"), party of the second part.
WITNESSETH:
WHEREAS, the County of Oakland has heretofore established a Department of Public Works for said county
pursuant to the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended; and
WHEREAS the Board of Supervisors of said County of Oakland by resolution No. 3538, adopted on June 2,
1959, has established the M.S.U.-Oakland Sewage Disposal System to serve the M.S.U.-Oakland Sewage Disposal
District in the Townships of Avon and Pontiac in said county, the territory comprising the said district being
set forth in said resolution; and
WHEREAS the County is desirous of entering into a contract with .1, F. Pritchard and Company for the
construction of said sewage disposal system;
THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
1. J. F. Pritchard and Company agrees to construct said M.S.U.-Oakland Sewage Disposal Sy • • I for th
County, consisting of a sewage treatment plant, sanitary sewers and a pumping station, the said tre.teEet plant
to be in accordance with plans and specifications prepared by registered engineers of the Comp. fly
"Treatment Plant for Michigan State University-Oakland and Adjacent Areas," and the said sanitary sewer: and
pumping station to be in accordance with plans and specifications prepared by Frank Naglich and entetled
"Sanitary Sewers for M.S.U.-Oakland and Adjacent Areas." All of the said plans and specifications are cn file
in the office of the County Department of Public Works and are identified by the endorsements of Narld K.
Schone, Director of the Department of Public Works and H. Arthur Martin of J. F. Pritchard and Compliy.
2. The County does hereby hire the said Company to construct the said sewage disposal sysi. s :11
accordance with the said plans and specifications and agrees to pay the Company therefor the
at the times and in the manner hereinafter provided. Said sum includes estimated costs of insuranc ,• to be
obtained by the Company (estimated at $500.00) and of taxes which may be imposed upon the Company by reason of
the work to be performed hereunder (estimated at $500.00). It is agreed that said sum shall be adjusted to
take into account the actual cost of said estimated items. Said sum shall also be subject to such adjustments
as may be required or made under or pursuant to subcontracts between the Company and Municipal Service Company
and between the Company and Northeast Construction Company, Inc.
3. It is understood that the Company has sublet that part of this contract providing for the con-
conne:
,liSunt du .
' lir paysay,...
in come: •
, ..der this
the
with the acquisition of
, Al i moneys cc
, for tie
• ;.1 ,e 4tting asic •
to pay any ,..
,otx t be paid -to
that )1 ,,nter n and the Township of
within the said district
nt to provide for the
48
rlS
,ct
Is
ml y
-,(-1 to
blic Works
duly ao11(.,,l'
cuntractors bonds no,.
the parties hereto have
s the day and year first abov,
COL1
erein shall be borne by the County.
be executed by their respective
Continu
awagf said towc,:,1
char )r-,.? Lc(
P..'S AND COW:.r,
corpo:
7iart,
(hereim.
shed a department of public
• :sanded, and did on the 2nd
under the provisions of the
U.-Oakland Sewage Disposal
' OF OAKLAND, a Michigan county
ic works, party of the first
ns in the County of Oakland
ad e
works
day ,
above m,
District"
Dispc
have on file in their
cf the said sewage
4V260,000 as the work
Lod of 5 years from the
cing of said revenue bond
the said townships are
RY
rks and
:.terirq
disp the c
prc.e -2 reven),
firs: d, 1 nt] f, th, lation
Ic 1), the cc y conteD0 vtes the
issue f) ti on charges to he made for connect -,
Wn:1.'l'AS„ the county is willing to furnish VeaL
desirous of ,,btaining said services for, properties located
Superv.isors August 5, 1959 49
•.ipleted
• folio
inn of the 5f .!.."
t••ection charge for each uni of proi
0, which shall be divided e . liowa:
( eiment plant. lhe word
sc.wage ordinarily as
nusber of units to be as:1
osia shall be determin-• by
rks, if the circumstare as j
CGU t ained shall prevent tle• . A : • ' : • nal
.rd/or extensions to the tr-E, tea,. t plan1.
come necessary. In the case of , constrbb on the
30 Jays after the issuance of the building perai
date of this contract shall be payable in 10 equal
to remain with the municipalities.
:.hove mentioned connection charges, each municipality shall pay
to the countar ret fct •ef;f• •,e , at ...ervices. Such charges shall be sufficient to provide:
(a) 1 f • 1 A(n , ••:,4 • e. • e.• .a a nt•e:•ing the county system.
(b) For
:etr,, n3 ae )a.tnteer.ck . of a Replacement Fund in such amount as shall be fixed by
lacement of the physical assets of said system as required
t•
(c) For :ttann t.::.:.i tA ••a a•• •:.: d may determine from time to time to be necessary to provide
ftu•• •• • ;aid system.
(d) For any c ••1 n.%(% ea•• -xte••••.ren. relating, to said system.
5. 0nndi. fa, t•15-•..nty ior risposal shall be made to each municipality upon the t.• 1S153
c: 5 ,• .r..•eisa.I Ja.of....n as measura ity .. master water meter or meters, if available, fat , -.:
tome or busine: meters, and where no such meter readings are .ant
upon the number of "units" served. The word "unit" as he-el.::
ndieb. tbs. • ( emanates that quantity of sanitary sewage or ,.'..narily arising • ;•,3M
by single family of ordinary size. The numb t •• r -outs to be assi
property us 1 for commercial, industrial or multiple reste itc i.. purposes shall be
,.rat its decision shall be final. The board, if the c7oculeana•cfe . justify, may :•••
7amily dwelling. The board shall fix a unifor a charge for each 1••
ct to use the readings from sewage flowage meters *.n..1:•••,. d of water metc-•
harges: Provided, that if it shall not be feasible to intatell such a flowage a
the total sewage from any municipality, then the county chz: r•ges for sewage diet
or parts not so measured, may be based upon the water meter readings if availabl
natber of units served,
ervice charges shall be payable monthly or quarterly as shall be determined by
y does not pay its service charge on the date when the same becomes due, then there
ge a penalty of one (1) per cent for each month or fraction thereof for which the sac ,
shall have the right to pursue any method permitted by law for the collection of arn-
entent from any municipality.
ch municipality shall collect connection charges and service charges from its individual usere
pay the connection and service chart - • ) become due from the municipality to the county but this
any municipality from fixing cite •.a a sufficient to produce additional moneys for any lawful
No municipality, under this contract, shall construct or permit the construction of any sanitary
ren to be served by the county which does not connect to the county's system, and no
I construct or permit the construction of any sewage treatment facility within such area:
event the county is unable to serve any particular area, the board of public works may permit
rtion of such a treatment facility under terms and conditions to be prescribed by said board. It
Obligation of each municipality to provide the necessary sewers to transport its sewage to the
No connection shall he made to the county system without first securing a permit from th e-
public works.
9. The board shall have the right to deny the use of the county sewage disposal facillties ta a •
ity which shall be delinquent for a period of ninety (90) days in the payment of the cha,rge: :••
the county, while such delinquency continues. The foregoing may be accomplished by blocking off ••.,•
tad sewers discharging, directly or indirectly, sewage into the county system, or by any other • eye...
Each municipality shall be responsible for the character of the sewage originating thereit
with the board' s standards and regulation:, controlling the discharge of industrial and/or • • •••• •
into the county system. If the charet ter of sewage contributed from any municipar5 •• •-5,L
a.n.e. • •, it imposes an unreasonable additional bureen upon the county system, then an additiorm I ' • •
be over and above the regular service chart •f, or it may be required that such sewage be tre
atied, into the county system or the ric-t, to empty said sewage into the county system rn----- •-
if necessary, for the protection of the said system or the public health or safety.
11. The provisions of this agreement shall not be modified or terminated so as to impair the
of any contract or bonds issued by the county pertaining to the financing of said system. It is hereby
that the terms of this agreement insofar as they pertain to the security of any such contract or bonds,
be deemed to be for the benefit of the promisee under such contract or the holders of such bonds.
12. This agreement shall become effective upon being approved by the legislative bodies of the
municipalities and by the board of public works and board of supervisors of Oakland County and peer. executed
by the officers of the municipalities and of the board of public works. This contract shall tetetae• to (10)
years from the date hereof.
As follows:
System are hereby approved
oval ind to return the same
.••u. nd 30 years
1 he !- •.:2(•-• ereby approved.
Id J. F. Pritchard A CompaRy
1 Lgst,sm ib hereby _pdroved and the
to execute the same for and on behalf
•
c:on.
of .'botiac
cc cng vithin th ,
of the Board of Pull'
and through its Boar(L
5. That copies of sale ,stimates and said cc -,
Mr. Thatcher moved the adoption of the fore;
Miller.
(ty of (1-K-11.11.: aod the Townsh!p of Avon and
to ihose p'.::.tans of said
is hc cu . -oprov ..1 and th... '.:n:,,rman and
:(ecute the for and on behalf of the County
be attached to the minutes of this meeting.
..olution. The motion was supported by Mr. Cyril
Misc, 3552
IN RE: M.S.
On roll call the -: JCopied by the fedi...ming vote:
0,:dcLAND C
(s,..en, Clack,
••oeed, Fall,
,t'aly Johnson,
•...ce Miller,
Unclair, F.
Clawson, Croteau, Cummings, Davis,
li:,2cock, Hildebrandt, Hoard,
ICier,,.:vyJies, Lahti, Levinson,
Cyril Miller, Mitchell, OtDonoghue,
Smith, W. Smith, Solley, Staman,
C SYSTEM
following letter:
".c Works I am
, FOR ACQVL
LWNED AN)
IC- MG THROUC
ANCE AND ,
':.'OF; TO
AND TO
AND GAIT' 10q
.; been approvu...
ce of 4370,000
tn matuic.. *D,000 on November [.
•e ar inte h a rate not •
-,o3nty 0: U..' land and J. 1. •
(A at 4-I/:: per annum. IL ,
. tail and the account of the bon0
TO
Al
5T oo:
RELATIVE
for adoption by your board. This
The ordinance pro-Tides for tie
of the system. These bonds Are
years 1961 thru 1964 cd)cl
dated July 14, 1959? betv.s. .
bid for these bonds bearing c.
M.S.U.-Oakland Sewage Dispot 7 :
M.S.U.-OAKIAND SEWAGE
Mr. Thatcher pres
County Board. of Sup
, nchlgan
en!
As Secretary o
Ar."ors
IN '1-•
50
•-.,:Lsors Minutes Continued, August 5, 1959
(.rd,
J W. D
Lor,
(1)
Allerton,
Oaar, j•anann, WE
(-4.„ Carey, C'r .:
:iott, Fout -. (
Hursfall, ii
Merus (
ii vault,
Tin::(an, Vold. (
Bever, Calhoun, Cheyz, Clark, heart,
bto., Yockey. (17)
Gillis, Hill, Hudson, Kephart, Lewis, Lilly,
herewith an o:Ainance entitled:
!,:,S.U.-OAKFAND SEWAGE
THE COtlT7 •
01 PUBIX
':,1•" BC U:( 7,,) DEFRAY
Hr. RETJY7,-T AND
1:-card of Pu'r..,i„c Works.
c-ue bonds payable solely from the revenues
and $75,000 on November 1 in each of the
4-1/2% per annum. Under the contract
A Company the latter agrees to submit a
(oce of $290,000 between the cost of the
cc is to be paid from connection charges
which are to be paid in adva:.::e of the constru c tion of the projec.
Respectfully submitted,
Hiland M. Thatcher
Secretary of the Board of Public Works
Misc, 3559
IN RE: M.S.U.-OAKLAND SEWAGE !ILTDSAL LTSTEM
Mr. Thatcher introdu( •• an 05.0nance No. 5 entitled:
AN CRC) ANCE TO PROVIDE FOR ACQUIRING THE M.S.U.-OAKLAND SEWAGE
DISPOSAL sYsTa, TO BE OWNED AND OPERATED BY THE COUNTY OF
OAKLAND, MICHIGAN, ACTING THROUGH ITS BOARD OF PUBLIC WORKS;
TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BONDS TO DEFRAY
A PART OF THE COST THEREOF; TO PROVIDE FOR THE RETIREMENT AND
SECURITY OF SAID BONDS; AND TO PROVIDE FOR OTHER MATTERS
RELATIVE TO SAID SYSTEM AND SAID BONDS,
which ordinance was read.
51
Supervisors Minutes Continued. August 5, 1959
Mr. Thatcher moved the adoption of the foregoing ordinance, which motion was supported by Mr. Heacock.
Upon roll call the ordinance was adopted by the following vote:
YEAS: Alward, Bender, Bonner, Cardsne Carey, Cheyz, Christensen, Clack, Clawson, Croteau, Cie AinJs,
Davis, Dickens, Dohany, J. W. Duncan, R. Dt'scen, Elliott, Goodspeed, Hall, Hamlin, Heacock, Hilciebrane, Huard,
Holmes, Horkey, Horton, Huber, Hule1, Hurste:Ji, Ingraham, Johnson, Kiser, Knowles, Lahti, Levinson, MacDonald,
McGovern, McPherson, Melchert, Men.::; Cle Pence Miller, Cyril Miller, Mitchell, OtDonoghue, Oldenburg, Osgood,
Quinlan, Ransom, Remer, Rhinevault, ;:chock, E-inclair, F. Smith, W. Smith, Solley, Stamen, Stevens, Swanson,
Taylor, Thatcher, Tiley, Tinsman, Voll. (63)
NAYS: Frid. (1)
ABSENT: Allerton, Boyer, Calhoun, Clark, Ewart, Fouts, Gillis, Hill, Hocking, Hudson, Kephart, Lewis,
Lilly, Majer, McCartney, 011ar, Semann, Webber, Yockey. (19)
The following is the ordinance as adopted:
:] NO. 5
AN 0-i'{NANCE TO PROVIDE FOR ACQUIRING THE M.S.U.-OAKLAND SEWAGE
DISPO;n41 SYSTEM TO BE OWNED Irjej OPERATED BY THE COUNTY OF OAKLAND,
MICHIAN, ACTING THROUGH ITS BOARD OF PUBLIC WORKS; TO PROVIDE FOR
THE 11.-SUANCE AND SALE OF REVENUE BONDS TO DEFRAY A PART OF THE COST
THEREOF; TO PROVIDE FOR THE RETTIMIENT AND SECURITY OF SAID BONDS;
AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID SYSTEM AND SAID
BONDS.
WHEREAS, pursuant to the provisions of Act No. 185 of the Public Acts of 1957, as amended, the Board of
Supervisors of Oakland County, Michigan, did on the 2nd day of June, 1959 adopt Miscellaneous Resolution No. 3538
approving the establishment of a sewage disposal system to be known as the "M.S.U.-Oakland Sewage Disposal Systeo"
for the purpose of disposing of sewage from the district known as the "M.S.U.-Oakland Sewage Disposal District,"
which district is described as follows:
Beginning at the northeast section corner, Section 2 1 , T3N, 2.112, Avon Township, Oaf-lend County,
Michigan; thence southerly along east section line L_5 feet; thence westerly appre ee -Iy 725
feet to center line Clinton River; thence souttor17 .1o: e center line Clinton JvIr erre), aximately
140 feet; thence westerly 1452 feet to east lie., lecIE.te Avon Estates; thime 1:the;_LJe- to north
line, Lot 14 Eysterts Avon Estates Subdivision; th.ace w'-,1 to center line Avon Circle; the
southerly to north line Lot 50; thence westerly to r,er 7:rte T,,t, 50; thence southerly along rear
line Lot 50 and rear lino Lco, 49 to north line Lot 46; the esi -rly to center line Seville Road;
thence southerly to north lire Lot 37; thence westerly to re. e5 Je(. Lot 32; thence north, cly to
north line Lot 32; then'. • --terly to center line Avon Circle; thee • northerly to south Jeie
Lot 2; thence westerle s.'',Pf south line Lot 2 and ,eutt line Lot, 1 to west The Eystert. enon
Estates Subdivision (1,• -t section line, Section 21); thence north rly to south line Lot '
Christian Hills #3 .n• e ,vi.sion; thence westerly ..t. ,• :nuth line Lots 255 Ulm: 262 Chris .n
Hills #3 Subdivisiee I - center line Crooks Pond; .e.s northerly to southeasterly line Lce, 28
Christian Hills #1 Sifetivision; thence southwester .; to rear line Lot 28; thence northwesterly
and westerly along .L,,,xf line Lot 28 and rear 11 -e.- Lots 12 thru 27 to center line Glouchester
Road; thence southerly to center line Chris an Riee Drive; thence westerly and iutherly
along center line Christian Hills Drive to ..eth(..1.• sly line iot 78; thence sout.' •osterly to•
rear line Lot 1; thence southerly to south l'n, I. 5'L L thence westerly to center 1 cs Adams
Coed; thence south .1e. to center line Butlee .c ti rice westerly and southweeter1y to North -
south 1/4 section lie •, Section 19, Avcn Tun'r 1."--nce northsrly to north section line,
Section 19; thence vi .I.rly approximately. 1:. 5 .., I; thence northerly 1897.99' feet; thence
westerly 1136.82 feet; thence southerly 628 74 La I ; thence westerly 60.0 feet to intersection
of Barnett Road and e:st section line, Sect cc TN, ROE, Pontiac Township, Oakland County,
Michigan; thence westerly along center line' pad to center line Squirrel Road; thence
northerly to east-west 1/4 section line, Sect•,,, _2; thence westerly approxinat.ie- 1300 feet;
thence northerly approximately 1000 feet to i srection of Pontiac Load and Dee Street;
thence southwesterly along center line Pontiac Road to center line Snelibrook T ,J1; thence
northerly to south line Lot 62 Supervisors Plat #18; thence weoterly alon e south line Lot 62
and south line Lot 8 to center line Dexter Road; thence northerly 577 feet to scfuth line Lot
159 Supervisors Plat 1C17; thence westerly along south line Lot 259 and south line Lot 126 to
center line Ridge Road; thence northerly 1633 feet to center line Walton Boulevard; thence
westerly to center line Opdyke Road; thence northerly to center lino Lapeer Hoed; thence
northeasterly to center line Shimmons Road; thence easterly along center line , Shimmons Road
to center line Squirrel Road; thence northerly to center line Tienken Road; thence easterly' to
west section line Section 7; T311, aliE, Avon Township, Oakland County, Michigan; thence
southerly 1400.13 feet; thence easterly 1216 feet; thence northerly approximately 747.93 feet;
thence easterly 613.50 feet; thence southerly 63 feet; thence easterly 96.88 feet; thence
northerly 725.20 feet to center line Tienken Road; thence easterly approximately 530.12 feet;
thence southerly approximately 1230 feet; thence easterly approximately 2450 feet to center
line Adams Road; thence southerly to a point on center line Adams Road 1837.74 feet; southerly
of northwest section corner Section 8; thence east 1087.30 feet; it southerly 1016.22 feet;
thence easterly 297.68 feet; thence southerly 2112.3 feet to center line Walton Boulevard;
thence easterly to center line Old Perch Road; thence southerly to south line Lot 112 Rochester
Knoll Subdivision; thence easterly along south line Lot 112 and south line Lot 83 to center line
Wimpole Drive; thence northerly to north lino Lot 80; thence easterly to rear line Lot 80;
thence southerly along rear line Lot 80 and rear line Lot 81 to rear line Lot 51; thence easterly
along rear line Lot 51, rear line Lot 52, and north line Lot 31 to east line of Rochester Knoll
Subdivision; thence southerly to east-west 1/4 section line Section 16; thence easterly' to north-
south 1/4 section line Section 16; thence southerly to north line Lot 31 Avon Heights Subdivision;
thence easterly to center line Harding Avenue South; thence southeasterly along center line Harding
52
Supervisom
to
0
-long
52;
said system
a c ntlact with 2. F.
• this `coaza; and
rd-,d for the financing of the
stored i6 lo a contract with the Township
ioh sewage disposal services to said townships
tot;
the bonds to be issued hereunder, except when
r of Oakland.
can the board of supervisors of said
:dell be t hstrued to r
to th:..L. o.
term ":uE, r.,d" shall be const ,n i to include acquisition by purchase, construction or by
) mean the board of public works of said
saended.
.U.-Oakland Sewage Disposal System to be
•
otherwise
L'0411 s r.
other m..•
which haef
Pritchard
same inclu,.
of Avon an
for the te,
(b
county, th(
(-
c
s0,d11 he construed as defined In st , Edon 3 of Act No. 94,
IL ,.1d necessary to acquire
Sewage D.::
Michigan
the said
• St t
1100 feet north
peqping station
Avon Township; and
) 24 inches, located
approximately 1150
• te the jrtersectdon
.cs 16, 17 and 18 in
northwesterly along
; thence northerly
A - E
oE
ft
of
a
in
osui re ;•.er.
ft -tee crilerdidj-Oakl
o Jilton Boulevard,
,ubo,
works, whict
(Sc
as the peri,,
Dollars (V,60 '
therslor, be
• ,1 LIe In the
:Ind at .,)pr.ed.
7. • st ,
• E " timate of
..1f • el.: uo,,h ii
ganty department of public
of 30 years and upwards
Hundred Sixty Thousand
bends herein authorized
rues
, as
: etc lu
(:) The term wage disposal _1,11 be cerusued to include all
s taey an storm ae,fde..., plants, weehs, les...x.e-.taliti-s es properties as tic -
e ! t, used or useitl je :onnection a. the colts :A.. at and/or dispoes
by the count!".
(g) The term "system" shall b. deemed td refer to the sewage disposal syst..m foe the M.S.U.-Oakland
sewers, combined
from time to time
from the district
Tefcb.Hen
Tho,tedd.
to t • paid fern us
bones"; shall be .
maturities from S.
registrable as to
at a rate or rate
thereafter semis
first in each yfec
C .
provisions of Act No. 94,
f Throe Hundred Seventy
project, the balance
floh. System Revenue
jf.. tr(!' order of their
denomin .e• L.( to each; shall be
in the 1•••,. hholl bear interest
annum, on 1.".ay 1, 160, and
year; and shall mature on November
n each of the years 1961 thru 1964.
The bonds of said .".et 'E r • meTd er t. • maturity, at the option of the county, in direct
numerical. order, ::• . ; • .; the par value thereof and accrued interest. Notice
of redemption sha2.:. - •ed• e o i S. . redeemed by publication of such notice not less
than thirty (3U) : fe- .j, C e re. xi at least once in a newspaper or publication
circulated, in the %•t! es L u. . as a part of its rehular service, notices of the sale
of municipal bonds: : , that 1,S,Jte e ey .. s registered, then notice of the redemption thereof
shall he giJ,cn lde • rester-el dnitdd Ste : •F.. tc the registered holder thereof at the address shown
on the bond C I..-t.a :lion books of the boa' of esnee• due:Aors, which notice shall be mailed not less than
thirty (30) IX' or to the oato fixed for 'tends so called for redemption shall not bear interest
after the tat a• for rcset,ion, orovideE: fin,L e. ., hand with the paying agent to redeem the same.
( ,• ipal of bonds and the inid.r.(et thereon shall be payable in lawful money of the United
States of A' a. s -at the Commud,ity National Bank ia the City of Pontiac, Michigan, upon presentation and surrender
of said ho:.e.• ..ttached coupons as they severally mature.
iOn 3, The chairman of the board of superd.':ers and county clerk th - County of Oakland shall
execute sale lends for and on behalf of the county and the county clerk shall ar is the seal of the county thereto.
The said oh:et-man of the board of supervisors and COUr.t: tlexk shall execute the in era .- coupons to be attached
to said bone: by causing to be affixed thereto their signatures. The tre ...suren of the county shall
deliver said bonds and attached coupons to the purchast thereof as hereafter deter dned by the board of public
Supervisors Minutes Continued- Allyn:et 5, 1959
works, I, of tb
Michi,
53
be sold in the manner provided in Sectic ,i 12 of Art No. 94,
1. not be a general obligation of ti - • d• s' and shall
not be ..d •;• •• • wi_nte ne .•• I ttional provision -r statutory liret tion. The
( •.•T• • ').(• • ' , ; ,• •,' from the net r:Jenues derived frch the operation
of to ,e' r•02.-: ' • .1• •i extensions thei• j. To secure 1). payment of the princil s• . is hereby creat.... in favor of V-, holders of said
bonds . • d.• of such holders, a first lien (by .•e..1 Act No, 99, Michi4an (an ( .••• , ,e. en: • ••• - • t 'a- lien) upon the net revenues from thc ••aid system,
incle,.dwi • ! • . od • and thereof. The net revenues so pledg( I shall be and.
remain did .• • 7Jtil —Pient in full if the principal of and interest on said bonds.
•r• or I. ei of any o bonds or interest coupons herein authorized to be issued,
shall , 'is. 5, 1. . remedies ven by law and particularly by said Act No. 94, Michigan Public Acts of
1933, as b. • 'Fc (ollection and enforcement of said bonds and coupons and the security therefor,
includin! rnIA •• ,e'e a receiver appointed for the system in event of default on the part of the county
in thr e ce Si:. ods of the bond contract,
In shall be operated upon the basis of a fiscal year beginning on January 1st of
each yea'.• 'e. e •e(alber 30th of the same year.
operation, maintenance and management of the system shall be under the immediate
of the board of public works.
is the intention that sewage disposal services will be furnished to the Township of
Avon and th• of Pontiac for the benefit of the M.S.U.-Cakland Sewage Disposal District and not directly
to the ed said district. The charges to each township for the services and facilities of the
system sLa.il
the s
plant. In cri:
days after:'
1959 snal -
per annum
it of property within the township directly or indirectly connected with the system,
ollows: U25 for connection to the sewer and 4300 for connection to the treatment
ion the said connection charge shall be payable to the county within thirty
of the building permit. Connection charges relating to buildings existing on October I
Lit ten equal annual installments without interest to the county but with interest at 6%
per 1000 cubic feet of se...nd disposed of by the system from the township, computed
of water consumed as le eered by a master water meter or meters, if available, or
individual home or usin(' meters: Provided, that each quarterly charge to a township
in rs. I, a'' e.e ts of property whose water con.aption is measured by master or individual meter readings,
shall to not 1 s thnn a sum computed by multm plying. the number of such units by $5.50. Where no such meter
readings are ireale, then the service charge shall be based upon the number of "units" served which shall be
$5.5o per ur.t i. quart
Tt . e .ca "unit" as herein used shall mean any property from which there emanates that quantity of
sanitary sew ge sr.iinarily arising from the occupancy of a residence building by a single family of ordinary .
sir; - The numb., of units to be assigned to any particular parcel of property used for other than single
purposes shall be determined by the board of public works and its decision shall be final. The
bc-ei of public works, if the circumstances justify, may assign more than one unit to a single family dwelling.
The charges to each township shall be billed quarterly and shall be payable to the county within
30 days after the rendition of the bill therefor, If any municipality fails to pay the above mentioned charges
on or heic:e the final payment date, then there shall be added thereto a penalty of 15 for each month or fraction
there•..f us: which the same remains unpaid. The county shall have the right to pursue any method permitted by
law for the collection of any sum due it from the township. The board of public works shall have the right to
deny the nest of the county sewage disposal facilities to any township which shall be delinquent for a period of
ninety days in the payment of the charges due from it to the county while such delinquency continues.
Si the character of sewage contributed from any township shall be such that it imposes an unreasonable
additional burden upon the county's system, then an additional charge shall be made over and above the regular
service charge, or it may be required that such sewage be treated before being emptied into the county's system
or the right to empty said sewage into the county's system may be denied, if necessary, for the protection of
said system or the public health or safety.
No free service shall be furnished by the system to the county or to any person, firm or corporation,
public or private, or to any public agency or instrumentality.
Section 12. The rates hereinbefore established are estimated to be sufficient to provide for the
payment of the expenses of administration and operation of the system and such expenses for the maintenance
thereof as may be necessary- to preserve the same in good repair and working order; to provide for the payment
of the interest upon and the principal of all bonds payable therefrom, as and when the same shall become due
and payable, and to provide for such other expenditures and funds for the system as are required by this
ordinance. Fates shall be fixed and revised from time to time by the county board of supervisors so as to
produce the foregoing amounts, and the county covenants and agrees to maintain at all tines such rates for
services furnished by the system as shall be sufficient to provide for the foregoing.
Section. 13. The revenues of the system are hereby pledged for the purpose of the following funds, and
as collected shall be set aside into a fund to be known as the "Receiving Fund!' of the system, and shall be
• transferred therefrom periodidnlly into separate and special funds, as follows:
1. Operation and Maintenance Fund, Out of the revenues in the Receiving Fund, there shall be first
set aside in each quarter (3 monthsTinto a fund to be designated "Operation and Maintenance Fund," a SIM
sufficient to provide for the payment for the next quarter of all current expenses of administration and
operation of 1 ns system and arch current expenses for the maintenance thereof as may be necessary to preserve
Stir system in ,00d repair and working order.
2. •. nd and Interest Redemvtion Fund- Out of the remaining revenues in the Receiving Fund, there shall
be next 5,55 a .,de each quarter into a fund to be designated "Bond and Interest Redemption Fund," a sum pro-
portionat,li Lrficient to provide for the payment as the same become due of the next maturing principal and
interest on h issue of bonds then payable from the revenues of the system and if there shall be any deficiency
-.orno-ohnt prer
th
Lt .-nornt ,roo
o
r.ed
•• oy be set
ft ad to be
improvc
:.or such
scvisablo„
t
ro .ch at los,.!
E to 'UM.'
ad shall bo
o rrsomn
54
Supervisors Minut 19'59
(
St t•s
_ eft
it
Ps rsts i• o.
aste.,:est t
o, to the
for a
o, o.1 La:a:Ions
rts',iiiat.: 30 far as Fsihle
as to rm re ttsin one fund at-
•
b,..ve provided.
for the current
ninoi, any moneys and/or
t
on and Eiint.enance Fund, and,
herein. Any a.mount so tra.ns-
[
an0, In
the fund from which
the Bond and Interest
Pontiac, Michigan. All
•,i.Ah the bank or trust
Y pr,=,able. The moneys in
Fund, shall
over and above
any other
Ic.Unit • too. L Govern-
. st..tpt
t.a.de and the
1.
oh pur chas
toven:d.d.. : o sth holder or hel o s, from time to time, of
thost no.s. ....stn. reference s the
CC.fl .iti,.icc ccc cm. •:: ,ond by this ordinance;
•-rein proi ot...:1 c a soros ..r .1.1 the rnap,,o , flans: and
and wfo.....s h: tot •.or, 1 ore the lit ef
MI, lease, mort1 or- Cs tas ot: o•Ite: systta or any - •ttortantial
frc.m the ...se . •r 3.ccc n full; anoti. tt will
stion to c,ot.or iL. ra.ost .so o... soot,: oo disposal so.. • 'es, to
en and Pontiac within the 14• ,U...-!.o.o•LC' syst: District. P.o...
iso .• volth the holco, r 3 of saisi 6,1 o. • -11 -s ..:• ',:••in said system in so:•:,..';
otrate ti. Nte .on .r.'ficient manner at• at a•os:. ::le cost, so long as any of said bonds
that at ,mosso.a.in insurance on the , e benefit •1 thoo holders of said bonus in
h usually wonIo..• srried by private age.o.; in a simi, ar • Jpe of business; that it
keep and f • I :ci. cc... IS, statements an . may bc rocrrcccl : Act P. 94, Michigan
II 1933, as sow or Is...re...Ater amended; that file with t original purchasers of
• a. copy of each smarts i••,tement which it is roo no_ c. to file with the Finance Commission
a,..,.. also file with such pa: sl -sisers a copy of the ar.1.!...1 ,o suit of the system cei Lifted to by a certified
public accountant, within 90 days after the close of ea. a iocal year; and that it will furnish a copy of the
foregoing statement and audit to any bondholder upon pament, of the actual cost of such copy. Any such audit
shall be in such reasonable detail as will present the ull ,nancial condition of the system to the holders
of bonds and shall include auditor's comments on the ma-cit..... N...Ach the systems management has complied with
the provisions of this ordinance in respect to the sevecal ftsids of the system.
Section 17. While any of the bonds herein authoriz .d to be issued shall be outstanding, no additional
bonds payable from the revenues of the system shall be issues which shall have a prior or equal standing there-
with.
Section 18. The bonds and attached coupons herein authorized to be issued, shall be substantially in
the following form, to-wit:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
Number
$1,000
M.S.U.-0AELAND SEWAGE DISPOSAL
SYSTEM REVENUE BOND
KNOW ALL ma 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 reg,istered holder hereof) the sum of
ONE THOUSAND DOLLARS
on the first day of November, 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 pay: ..e on IL.1 1,
1960 and thereafter semiannually on the first days of May and November in each year, which print:. 1•,,...1 and terest
55 Supervisors Minutes Continued. August 5, 1959
are to be 1 ,.id solely: out of the revenues hercinafl. ;(••.•.J d. Both :7°Sncipal and est are alma: ) •
I ..••••• n the Coi
upon pr-es:Jd..toc,- •sld surrender of t'sie br'ri ataexl as they :
has no i - one of a series of le — li•e s te and N. ccept as to rritcr,
numbered consecutively in the direct ••••sd.• their maturities from 1 to 370, both inclteiv:
principal sum of Three Hundred S.Iva,t, lcos i Dollars (:S370,000) issued by said County C
pursuant to and in full conformity sid P Constitution and Statutes of the State of Michiinn
Act No. 185 of the Michlian Public A,O:le uf 1957, as amended, and Act No. 94 of the Michigan fiLL l . AO „ cf
1933, as amended), and to.inance No. duly adopted by the Board of Supervisors of said cc,nty on the
day of 19_, for the purpose of acquiring the M.S.U.-Oadcland Sewage Disposal System.
This bond is a self-liquidating revenue bond, is not a general obligation of said oounty, and does
not constitute an indebtedness of the said county, within any constitutional or statutory The
principal of and interest on the bonds of this series are payable solely from the revenues ol pslo
Oakland Sewage Disposal System (including future improvements, enlargements and extensions th yemairg
after deducting the reasonable expenses of the administration, operation and maintenance of sain sy -stem, so the
payment of both the principal of and interest on said bonds is secured by a statutory first Ii e,n on such ntt
revenues.
The bonds of this series are subject to redemption prior to maturity at the option of the county, in
direct numerical order, on any one or more interest payment dates, at the per value thereof and accrued interest.
Notice of redemption shall be given to the holders of bonds called to be redeemed, by pubileion of such notice
not less than thirty (30) days prior to the date fixed for redemption, at least once in •. newsspir or publi-
cation 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 redenptibn
thereof shall be given by registered mail addressed to the registered holder thereof . t the address shown on the
bond registration books of the Board of County Auditors of said county, which not Li '1 be mailed not less
than thirty (30) days prior to the date fixed for redemption. Bonds 30 called fcr r• ml on shall not bear
interest after the date fixed for redemption, provided funds are on hand with the pa; InE agent to redeem the
same.
The County of Oakland hereby covenants and agrees that at all times while any of the bonds of this
issue shall be outstanding, it will maintain such rates for services furnished by said M.S.U.-Oakland Sewage
Disposal. System as shall be sufficient to provide for the payment of the expensesof administration and operation
of said system and such expenses for the maintenance thereof as may be necessary to preserve the same in gond
repair and working order; to provide for the payment of the interest upon and the principal of all bonds pasable
therefrom, as and when the same become due and payable; and to provide for such other expenditures and fuoa ,-
said system as are required by said ordinance. Rates shall be fixed and revised from time to time by the sad
of Supervisors of said county so as to produce the foregoing amounts.
This bond may be registered as to principal only in the name of the holder on the bond registration.
books of the Board of County Auditors of said county and such registration noted on the back hereof by a member
of said Board of County Auditors, 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 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 law.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Supervisors has caused this bond
to be signed in its name by the Chairman of said Hoard of Supervisors and by the County Clerk, 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. 1959.
COUNTY OF OAKLAND
By
Chairman of the County Board of Supervisors
3e5,-
County Clerk
cou?op
Number
On the day of , A.D. 19 , the County of Oakland, Michigan, will pay to the
bearer hereof the sum of Dollars, lawful money of the United States of America,
at the Community National Bank, in the City of Pontiac, Michigan, same being the interest due on that day on
its M.S.U.-Oakland Sewage Disposal System Revenue Bond, No. , dated November I, 1959. This coupon
is not a general obligation of said county, is payable solely from certain revenues as set forth in the bond
to which this coupon pertains, and is subject to the redemption provisions in said bond.
County Clerk Chairman of the County Board of Supervisors
lawful nu-, e of tLe United States of Americ
In Whose Name Registered Date of Registration Signature of a Member of the Oakland County
Board of Auditors
-n part of the hrol
aed thereto, and shall be pus
f public works shall J.
heve been first filed with it hj
at the sum so to be paid is in full
sole a
exper,-E:
that
ene/
56
Supervisors Minutes Continued. August 5, l95,)
Section 19. TL
t[•• C•mmunity
t•red to the
sale of the Omds rJ•: r. ordeaLla be
., n i City of Pontiac, M1 ici asmeys
1nte et Re!,emption Fund, any pre:aSuel end e cruet interes
est,1 e T inte. ese. ,he ea' anee of sn
„chili le „ oaf ted
in
.cr ,inbefore described and any eni::enee'n:.:, Teal and otter
•T upon authorization of the boa,n„,, of public works: Provided,
payment of any such moneys for construction work until
j_neer in charge of such work, a written statement to the
tial payment of a contract obligation in connection with
oject and that the county has received the consideration for such payment. Said statement of the fl also show the amount of construction estimates which have been theretofore approved by him for
-d the amount of the baJance which will be required for the completion of the project.
7.C. The said M.S.U.-Oakland Sewage Disposal System Eevenue Bonds shall not be issued until
: inaa,e :emmdssion of the State of Michigan has approved such issuance, and the director of public
'jtft • dnd directed to make application to said commission for such approval. The board
a!thorized to sell said bonds at not less than par and accrued interest in accordance
ets d to to all things necessary to effect the sale and issuance of said bonds subject
t!
ea 21. Are.. sne.-Teed balance of the proceeds of the sale of the bonds herein authorized, remaining
iompletion of the :reject, may to the extent of Five Thousand Dollars (5,000.00) be used for the
:nlargement and/or extension of the system, if such use shall be approved by the Municipal Finance
ed.n.. :12m., and any remaining balance shall be paid immediately into the Bond and Interest Redemption Fund and
lie hall be used only for the redemption of said bonds. Any bonds so acquired by redemption shall be
(an',1••1 and shall not be reissued.
Section 22. This ordinance shall be recorded in the minutes of the meeting of the board of supervisors
at it was adopted, as soon as practicable after its passage, which record shall be authenticated by the
signatures of the tairman of said board and the county clerk and shall be published once in The Rochester
Clarion, a newspaper of general circulation within the said county. This ordinance shall become effective
immedlately upon its adoption.
Section 23. If any section, paragraph, sentence, clause or phrase of this ordinance shall be held
invalid, the same shall not affect any other part of this ordinance.
Section 24. All ordinances and resolutions or parts thereof, insofar as the same may be in conflict
herewith, are hereby repealed.
llaniel T. Murphy, Jr. Delos halin
County Clerk Chairman of County Board of Supervisors
Moved by Cummings supported by Elliott the Board adjourn subject to the call of the Chair.
A sufficient majority having voted therefor, the motion carried.
T. Murphy, Jr. Danij ,
Clerk
Delos Hamlin
Chairman