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HomeMy WebLinkAboutMinutes - 1960.11.01 - 7732OAKLAND COUNTY Board Of Supervisors MEETING November 2, 1960 Meeting called to order by Chairman Delos Hamlin. Invocation given by Reverend John Paul Pumphrey of the Faith Methodist Church, Oak Park. Roll Called: Present: Allerton, Alward, Bloe, Bonner, Hrickner, Cardon, Carey, Charteris, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulot, Hursfall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, Marshall, McCartney, McGovern, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiley, Tinsman, Voll, Webber, Yockey. (77) Absent: Archambault, Calhoun, Croteau, Dohany, Gillis, Sinclair. (6) Quorum Present Mr. Melvin L. Newton, Commander of Veterans of Foreign Wars Post 2706, Keego Harbor, Presented a fifty star American Flag to the County for the new Court House. Mr. MacDonald accepted the flag on behalf of the County. Moved by Cummings supported by Voll the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. The Clerk read the request for this meeting which was filed with him on October 10, 1960. Said request was ordered filed with the Clerk. A true copy of the same appears in the notice of meeting here- inafter set forth. The Clerk presented the notice of this meeting together with his affidavit as to the mailing of said notice, which notice and affidavit are as follows: NOTICE OF REGULAR MEETING To the Members of the Board of Supervisors of the County of Oakland, State of Michigan # NOTICE IS HEREBY GIVEN that a regular meeting of the Hoard of Supervisors of the County of Oakland, State of Michigan, will be held at the time and place stated in the following request which has been filed with me, to-wit: "A regular meeting of the Board of Supervisors of the County of Oakland, State of Michigan, is hereby called to be held on the 2nd day of November 1 060 at 9:30 o'clock A.M., EST, in the Supervisors Room in the Court House Office Building, #1 Lafayette Street, Pontiac, Michigan for the purpose of transacting such business as may come before the Board at that time. Signed: Delos Hamlin, Chairman Board of Supervisors" This is the third meeting of the September Session of the Oakland County Board of Supervisors-. . The previous meeting was adjourned subject to the call of the Chair. Signed: Daniel T. Murphy, Jr. Oakland County Clerk and Register of Deeds Dated: October 18, 1960 PROOF OF MAILING STATE'OF MICHIGAN) SS COUNTY OF OAKLAND) Daniel T. Murphy, Jr., being first duly sworn, deposes and says that he is the County Clerk- Register of Deeds of Oakland County and Clerk of the Board of Supervisors for Oakland County, and that he served a true copy of the foregoing notice on each member of the Board of Supervisors of Oakland County, Michigan, by enclosing the same in an envelope properly sealed, sufficiently stamped, and plainly addressed to such member at his last known address and depositing the same in the United States mails at Pontiac, Michigan z-,,n OctoLe -.- 10, 1960. Signed: Daniel. T. Murphy, Jr. Oakland County Clerk-Register of Deeds Subscribed and sworn to before me this 18th day of October, 1960 Julia Maddock, Notary Public, Oakland County, Michigan My Commission expires November 22, 1960 86 Supervisors Minutes Continued. November 2, 1960 A letter was received from the Pontiac City Commission accepting the resignation of Maurice J. Croteau as a member of the Oakland County Board of Supervisors. Clerk read cards of thanks from Mrs. Luther Heacock and the Floyd Andrews Family. (Placed on file.) Clerk read appointment of John Huhn, Berkley City Supervisor, to replace Donald McPherson. The Chairman appointed John Huhn as a member of the Drain Committee to replace Donald McPherson, Clerk read request from Sheriff Frank W. Irons for authority to dispose of recovered stolen property in accordance with Act No. 54 of the Public Acts of 1959. (Referred to Miscellaneous Committee.) Clerk read resolution from Ford Local 600 UAW relative to industrial concerns in the Detroit area establishing new, and expanding present manufacturing facilities within Southeastern Michigan. (Referred to Miscellaneous Committee.) Clerk read notice of meeting of the Seventh District Supervisors in Lapeer, December 16, 1960. Misc. 3707 By Mr. MacDonald IN RE: MICHIGAN STATE UNIVERSITY OAKLAND HIGHWAY PLAN To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the December 14, 1959 meeting of the Board, Miscellaneous Resolution No. 3600 was adopted requesting the County Road Commission and the County Planning Commission to prepare a preliminary study for the location of highway approaches to M.S.U.-Oakland. Pursuant to said resolution a Committee composed of the County Highway Engineer and the Director of the County Planning Commission made such a study and have reported the following conclusions to your Roads and Bridges Committee: 1. The location, type and access to the proposed relocation of M-59 (Auburn Road) has not been determined by the State Highway Department at this time which makes it difficult to make detailed specific conclusions about proper road development south of MSU-Oakland. 2. The rate of development of MSU-Oakland and vicinity will increase, but total development is many years away. 3. If road improvement and construction in the meantime is to be based on actual usage and need, the following roads should be considered as this development progresses: a. Walton Boulevard (CitYvJoute of M-24 to Rochester) Widen to four lanes. Estimated cost is $700,000.00. b. Auburn Road (M-24 to East County Line), Relocation of M-59 will limit the necessity of improvement to minor improvements at intersections. c. Adams (M-59 to Crooks). Current construction to a two lane bituminous surface will be adequate. d. Adams (Crooks to Walton). Reconstruct to two lane cement concrete pavement. Estimated cost is $150,000.00. e. Crooks (M-59 to Adams). Present two lane pavement is adequate. f. 1-75 (Chrysler Exprqssway). Current plans for construction will be quite adequate and will be under construction by 1967. g. Mt. Clemens Road (M-24 to Pontiac Road). In view of current plans for an interchange of 1-75 with Mt. Clemens Road, Mt. Clemens should be rebuilt to a minimum standard of a two lane bituminous surface. Estimated cost is $90,000.00. h. Pontiac Road. Relocate on east end. Estimated cost is $30,000.00. Mr. Chairman, on behalf of the Roads and Bridges Committee, T move that the foregoing report be received and placed on file. ROADS AND BRIDGES COMMITTEE Don R. MacDonald, Chairman Earl B. Rhinevault, Thomas H. 0/Donoghue, Edward Cheyz Curtis H. Hall, L. Curtis Potter, Seeley Tinsman Moved by MacDonald supported by Brickner the report be adopted. A sufficient majority having voted therefor, the motion carried. Supervisors Minutes Continued. November 2, 1960 ' Misc. 3708 By MT. MacDonald IN RE: ORGANIZATION OF BOARD OF COUNTY ROAD COMMISSIONERS To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the matter of making the Board of County Road Commissioners a polity making body with a manager was referred to your Committee, as well as to the Special County Government Study Committee, at the meeting of the Board on December 14, 1959, and WHEREAS the Roads and Bridges Committee has, at several sessions, called for this purpose, inquired into the various aspects of the operations of the County Road Commission and have received information from other sources relative to such operation, and WHEREAS the Roads and Bridges Committee has also considered the matter at some length, and has attempted to compare the operation of the Board of County Road 'Commissioners of Oakland County as it is now constituted and as it is presently operated with various other road commissions throughout the State of Michigan and has found that the Board of County Road Commissioners in Oakland County is operating in an efficient manner, NOW THEREFORE BE IT RESOLVED that no change be made in the organization of the Board of County Road Commissioners at the present time; BE IT FURTHER RESOLVED that the matter of making the Board of County Road Commissioners strictly a policy making body be reconsidered periodically by the Roads and Bridges Committee or such other appro- priate committees of the Board as the Board may designate. Mr. Chairman, on behalf of the members of the Roads and Bridges Committee, I move the adoption of the foregoing resolution. ROADS AND BRIDGES COMMITTEE Don R. MacDonald, Chairman Earl B. Rhinevault, Thomas H. O'Donoghue, Edward Cheyz Curtis H. Hall, L. Curtis Potter, Seeley Tinsman Moved by MacDonald supported by Cheyz the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3709 By Mr. Carey IN RE: COUNTY ROAD COMMISSION To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the December 14, 1959 meeting of the Board, the matter of making the Board of County Road Commissioners a policy making body with a manager was referred to the Special County Government Study Committee and the Roads and Bridges Committee. Since the Study Committee has considered other matters relating to the organization of the County Road Commission, this is a report only of the Study Committee and the Roads and Bridges Committee is presenting a separate resolution relating to its findings and recommendations on the matter referred to the joint Committees. In the study of this matter, your Committee found that the Board of County Road Commissioners, under the provisions of the General Highway Law (4.S.A. 9.109) of the State, constitute and is a body corporate and acts as an administrative board only. The law further specifies that the function of the Board under the law is limited to the formulation of policy and the performance of official duties imposed by law and delegated by the County Board of Supervisors. In the study undertaken by your Committee, consideration has been given to the following items: Consolidation of the personnel and purchasing departments of the Road Commission with the respective departments of the County. The desirability of preparing specifications setting forth the qualifications for the office of Road Commissioner. The possible merger of the road operations with the Department of Public Works and the legal changes necessary to accomplish this. The possible change in the organizational set up of the Board of County Road Commissioners. Your Special County Government Study Committee at this time recommends concurrence with the , resolution of the Roads and Bridges Committee wherein the recommendation is set forth that no change be made in the organization of the Board of County Road Commissioners at the present time. Your Committee makes no recommendations at this time on the other matters above mentioned. Therefore, Mr. Chairman, on behalf of the members of the Special County Government Study Committee, I move the adoption of the following resolution: BE IT RESOLVED that no change be made in the organization of the Board of County Road Commissioners at the present time. Mr. Chairman, on behalf of the members of the Special County Government Study Committee, I move the adoption of the foregoing resolution. SPECIAL COUNTY GOVERNMENT STUDY COMMITTEE John L. Carey, Chairman Anne Rumsey, W. F. Kalwitz, James Clarkson Elmer Kephart, Frank F. Webber, Hope F. Lewis Moved by Carey supported by Rehard the resolution be adopted. Discussion followed. 89 Supervisors Minutes Continued. November 2, 1960 Moved by Yockey supported by Marshall the resolution be amended to provide for the setting up of the Board of County Road Commissioners as a policy making body with compensation set at $1.00 per year or on a per diem basis. Discussion followed. Vote on amendment: AYES: Brickner, Charteris, Goodspeed, Hocking, Holmes, Lahti, Marshall, Clarence Miller, 0„'1)onoghne, Swanson, Yockey. (11) NAYS: Ailerton, Alward, Bloc, Bonner, Cordon, Carey, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, WM. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Hall, Hamlin,, Heacock, Hildebrandt, Hill, Hoard, Morten, Hudson, Huhn, Hulet, Hursfall, Ingraham, Johnson, Kephart, Knowles, Levinson, Lewis, Love, MacDonald, Majer, McCartney, McGovern, Melchert, Menzies, Cyril Miller, Mitchell, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, RhinevauIt, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Taylor, Tiley, Tinsman, Voll, Webber. (66) A sufficient majority not having voted therefor, the amendment lost. Vote on adoption of resolution: A sufficient majroity having voted therefor, the resolution was adopted. Moved by Stanan supported by Yockey the matter of the salary for the member of the County Road Commission for a six year term, tabled at the September 19, 1960 meeting, be taken from the table. A sufficient majority having voted therefor, the motion carried. Moved by Staman supported by Cyril Miller the Salaries Committee recommendation setting the salary for the member of the County Road Commission and Chairman of the Hoard of County Road Commissioners as set forth in the Salaries Report, be adopted, as follows: "1 MEMBER OF COUNTY ROAD COMMISSION: Six year term - January 1, 1961 through December 31, 1966. Present annual salary $6,000. Recommended annual salary $10,000. The salaries for this and the following position are paid from Road Commission funds. CHAIRMAN OF THE BOARD OF COUNTY ROAD COMMISSIONERS: In accordance with the Salaries Recommendation for the 1959 Budget, as adopted by this Board of Supervisors, September 15, 1958, the office of Chairman of the Board of County Road Commissioners was established as an office distinct and separate from the office Member. It was established that the salary for this office was subject to possible annual revision by the Board of Supervisors. In accordance with this procedure, the Salaries Committee recommends that the salary for the office of Chairman of the Board of County Road Commissioners be raised from the present rate of $1,500 per year to $2,500 per year for the year of 1961 with the provision that in no case shall the combined salary for being both Member and Chairman of the Board of County Road Commissioners exceed $10,000 per year." AYES: Allerton, Alward, Bloc, Bonner, Brickner, Cardon, Carey, Charteris, Cheyz, Cbristensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulet, Hursfall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, McGovern, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Romer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiley, Tinsman, Volt, Webber, Yockey. (74) NAYS: Goodspeed, Marshall, McCartney. (3) A sufficient majority having voted therefor, the motion carried. Movedby Elliott supported by Horton that the matter of setting the salary for the Vice Chairman of the Board of County Road Commissioners be referred to the Salaries Committee and Corporation Counsel. A sufficient majority having voted therefor, the motion carried. Misc. 3710 By Mr. Heacock IN RE: SALE OF HAZEL PARK PROPERTY To the Oak] and County Board of Supervisors Mr. Chairman, ladies and Gentlemen: 'WHEREAS this Board, by Miscellaneous Resolution #3667, authorized the Board of Auditors to advertise the following described property for sale, to-wit: Lot 190 of Denier's Harding Avenue Subdivision, in the Township of Royal Oak (Now City of Hazel Park), Oakland County, Michigan, according to the recorded plat thereof; and WHEREAS said property was advertised for sale by Public Auction on August 23, 1960, at which time no bids were received thereon, and Supervisors Minutes Continued. November 2, 1960 WHEREAS on September 2, 1960, the Board of Auditors received an offer to purchase said property from the H. p. Builders, lnc., of Park, Miehi!-,0, for a purchase price of $1,400.00 on Land Contract with 10; down payment, the balance payable within 00 days after acceptance of the offer, and WHEREAS this price is not less than the revised appraisal of this property, and WIIEREAS the building on said property has been condemned, for occupancy, and WHEREAS your Buildings and Grounds Committee considers it to be for the best interest of the County to accept said bid and sell, said property, NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of this Board be authorized to execute the necessary conveyances in accordance with the above terms to complete the sale of the above mentioned property, Mr. Chairman, on behalf of the Buildings and Grounds Committee, I move the adoption of the fore- going resolution. BUILDINGS AND GROUNDS COMMITTEE Luther Heacock, Chairman J. Wesley Duncan, Maurice J. Croteau, A. Taylor Menzies Paul W. McGovern, Leroy Davis, Duane Hursfall Moved by Heacock supported by Hursfall the resolution be adopted. A sufficient majority having voted therefor, the motion carried. Misc. 3711 By Mr. Heacock • IN RE: TRANSFER OF TITLE TO ADDISON TOWNSHIP PROPERTY TO ROAD COMMISSION To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: • WHEREAS on October 3, 1960, this Board referred to the Buildings and Grounds Committee, the request of the Road Commission for the transfer of title from the County of Oakland to the Board of County Road Commissioners of Oakland County, Michigan, of certain property iocated in the Township of Addison, Oakland County, Michigan, and WHEREAS your Committee has investigated the details of the original purchase of said property and has learned that the Road Commission purchased the property on Land Contract and Deed was delivered on January 6, 1932. The Deed is recorded in Libcr 864 of Deeds, page 59, Oakland County Records, and recites a consideration of $14,000, and WHEREAS the minutes of the Road Commission meetings at the time of the purchase indicate that Road Commission funds were used for the purchase of the property which was to be a source of gravel Supply, and that since the date of the deed above referred to, the law has been amended giving the Road Commission authority to take title to property in the name of the Commission, and WHEREAS your Buildings and Grounds Committee believes that the title should be placed in the name of the Board of County Road • Commissioners, NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of this Board be and they hereby are authorized to execute and deliver a Quit Claim Deed to transfer whatever interest the County of Oakland has, to the Board of County Road Coimnissioners of the following described property, to-wit: "A parcel of land . lying in the Southwest ,'-irter of Section 36 of Town 5 North, Range 11 East, Oakland County, State of Michigao • described as follows: Beginning at the South Quarter Corner of Section 36 of said town i'p; thence North. 2' 29 1 East, a distance of 545.20 feet; thence North 2° 03' East, a distance of 1468.77 feet; thence North 87° 39' West, a distance of 473.83 feet; thence South 2' 03' West, a distance of 1473.32 feet; thence South 88° 11.' East, a distance of 441.27 feet; thence South 2° 29' West, a distance of 545.07 feet; thence South 87' 31' East a distance of 33.00 feet to the place of beginning, being in all 16.41 acres more or less; Reserving to first parties, the use in common with second party, of a right of way over the following described lands, to-wit: Commencing at • the South Quarter corner of said Section 36; thence North 2° 29/ East, a distance of 578.20 feet; thence North 88° 11' West, 474.27 feet; thric South 2° 3' West 33 feet; thence South 88° 11' East, 441.27 feet; thence South 2° 29' Wirt 545.27 feet; thence South 87° 31' East, 33 feet to the point of beginning, for the purpose of ingress and egress over the same in order to reach the lands of first parties other than the parcels herein contracted to be sold. This right of way extends from the improved East and West highway Northerly to the lands herein conveyed. First parties also reserve to themselves the right of way in common with second party over a parcel of land two rods in width along the southerly boundary ot the , aforesaid conveyed lands, for the purpose of ingress and egress to other properties of first parties adjacent to the above described lands." Mr. Chairman, on behalf of the Buildings and Grounds Committee, I move the adoption of the foregoing resolution. BUILDINGS AND GROUNDS COMMITTEE Luther Heacock, Chairman J. Wesley Duncan, Maurice J. Croteau, A. Taylor Menzies Paul W. McGovern, Leroy Davis, Duane Hursfall Moved by Heacock supported by Hursfall the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. 91 Supervisors Minutes Continued. November 2, 1960 Misc. 3712 By Mr. Cyril Miller IN RE: APPOINTMENT OF MEMBER OF COUNTY BOARD OF BEAM To the Oakland County Board of Supervisors Mr. Chairman, Ladies. and Gentlemen: WHEREAS the appointment of a member of the County Board of Health for a five year term will be considered by the Board at the meeting today, and WHEREAS your Health Committee has had under consideration a possible recommendation to replace the County Board of Health by the Health Committee of the Board. of Supervisors as permitted by state law, NOW THEREFORE BE IT RESOLVED that the appointment by the Board of the member of the County Board of Health for a five year term be not made at this time. Mr. Chairman, on behalf of the Health Committee, I move the adoption of the foregoing resolution. HTALTH COMMITTEE Cyril. E. Miller, Chairman Elizabeth Mitchell, Thomas C. Tiley, Clarence J. Miller Duane Hursfall, Faye H. McCartney, Hugh G. Allerton, Jr. Moved by Cyril Miller supported by They the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3713 By Mr. Semann IN RE: 1961 LEGISLATIVE PROGRAM FOR OAKLAND COUNTY To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: Your Legislative Committee respectfully reports to the Board that a comprehensive study of various new laws and amendments to existing Laws needed by the County has been made. Many suggestions were received from County officials, Committees and members of the Board. The following are recommended as part of the County's 1961 Legislative Program: No. 1. Amendment to General Property Tax Law (Section 39 of Act 206 of the Public Acts of 1893, as amended) to the assessment of taxes either as one total sum, as now provided by law, or in separate columns for each taxing unit, such columns to be designated: "Combined County Taxes; Combined Township Taxes; Combined City Taxes; Combined School Taxes." This amendment was proposed by the Committee on Local Taxes and will eliminate approximately 65 different forms of assessment, tax and delinquent roll paper and result in a savings to Oakland County. It will also result in a savings to the local government unit in spreading taxes as well as in collecting and compiling the delinquent return roll. At the October 3, 1960 meeting of the Board, the columnization of delinquent taxes was authorized. However, taxes under the present law may not be assessed in separate columns for each taxing unit. The amendment, if approved by the Board and later by the Legislature, would leave the question of whether taxes shall be assessed either as one total sum or in separate columns up to the Board of Supervisors of each county. The percentage or tax rate which each tax is of the total sum will be printed on the tax receipt. Moved by Semann supported by Hudson that Item No. 1 be adopted. Moved by Schemansky supported by R. Duncan that Item No. I be laid on the table. Vote on motion to table: A sufficient majority having voted therefor, the motion carried. No. 2. An amendment to Section 6 of Act 33 of the Public Acts of 1951, as amended, which would authorize townships to contract with villages which do not maintain a fire department to furnish fire protection to such villages. This amendment was recommended by the Township Supervisors Association of the County. Moved by Semann supported by Rehard that Item No. 2 be adopted. A sufficient majority having voted therefor, the motion carried. No. 3. An amendment to Act 275 of the Public Acts of 1913, as amended, which is the act under which our County Board of Auditors operates, to permit the Board of Supervisors to fill vacancies on the Board of Auditors. Under the present law, vacancies are filled by appointment by the probate judge, the prosecuting attorney and the county treasurer. This amendment was recommended by the Special County Government Study Committee. Moved by Semann supported by Cyril Miller that Item No. 3 be adopted. A sufficient majority having voted therefor, the motion carried. No. 4. An amendment to Act 276 of the Public Acts of 1945, as amended, to modernize the pro- cedures for establishing Lake levels and to provide for special assessment procedure to charge back the cost of improvements to benefited properties. This amendment is identical with House Bill 73 approved by the Board last year and passed by the House of Representatives in the 1960 Session. The bill failed to pass the Senate. This amendment has been recommended by the County Drain Commissioner. Moved by Semann supported by Webber that Item NO. 4 be adopted. A sufficient majority having voted therefor the motion riarried_ 92 Sure rv.i so rs Minutes Continued. Novomhor 2, lqb0 No. 5. Amendment to the Rome Rule City Act (Act 27) of the Public Acts of 1909, as amended) to provide for separate votes when territory proposed to be incorporated is comprised of a village and additional township territory. This amendment was proposed by the Boundaries Committee and by several township supervisors. JR recommending this amendment your Conuittee also recommends the adoption of the general policy favoring amendments to all annexation procedures to permit a vote of the people to determine boundary changes. Moved by Semann supported by Cyril Miller that Item No. 5 be adopted. A sufficient majority having voted therefor, the motion carried. No. 6. Amendment to the Drain Code (Act 40 of the Public Acts of 1956, as amended) to add a new section to Chapter 7 authorizing reapportionment of the original per cent of apportionment of drain at large charges whenever a village or a city is incorporated out of the territory of a township or when annexations are made to a city or village from a township. This amendment was a part of the County's 1960 Legislative Program and passed the House of Representatives as Rouse Bill. 138. The bill died in Senate Committee. Your Legislative Committee recommends that it be made a part of the 1961 Legislative Program. Moved by Semann supported by Allorton that Item No. 6 be adopted. A sufficient majority having voted therefor, the motion carried. No. 7. Amendment to the Mental Health Law (Act 151 of the Public Acts Of 1923, as amended) to authorize the County to make collections from persons who are legally liable for the support of those who receive care in mental institutions either on an emergency or on a permanent basis. Moved by Semann supported by O'Donoghtle that Item No. 7 be adopted. A sufficient majority having voted therefor, the motion carried. Your Committee is continuing to study the following items: Amendment to road laws as suggested by the Roads and Bridges Committee. Amendments to the Social Welfare Act. Amendments to the Drain Code suggested by the Salaries Committee. Additional recommendations may be made at a later date if our studies reveal other legislation that should be included in the 1961 Program which will be beneficial to the County. LEGISLATIVE COMMITTEE John G. Semann, Chairman William A. Ewart, Carl F. Ingraham William C. Hudson, Cyril E. Miller -Misc. 3714 By Mr. Quinlan IN RE: STRAWBERRY ISLAND REFUGE CHANNEL To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the August 4, 1960 .meeting of the Board, the resolution of the Macomb County Board of Super- visors relative to the proposed project known as "Strawberry Island Refuge Channel", was referred to your Miscellaneous Committee. The proposed refuge channel is planned by, and will be financed by, the State Waterways Commission. It is to serve as an entrance to a harbor of refuge in a nearby channel from the shallow, choppy waters Of Anchor Bay of Lake St. Clair where sudden storms reportedly cause drownings and hazards to small boat traffic and hunting and fishing craft. Your Committee held two hearings with representatives of the State Waterways Commission and the State Department of Conservation and learned that while the project is proposed by the Waterways Commission, the Department of Conservation has opposed the work and refuses to grant an easement over property under its control and over which the construction would take place. After the second hearing, it was learned that the matter was to be considered by the General Pub- lic Services Committee of the Supervisors Inter-County Committee and, on October 27, 1960, your Committee attended a hearing held by the Inter-County group. At that meeting, representatives of five counties con- sidered the project and voted to forward a recommendation to the State Waterways Commission and the State Department of Conservation that the two state agencies should resolve their differences. Since the matter is being handled by the Inter-County Conmittee, your Miscellaneous Committee ecommends that no action be taken at this time by the Board onthe request of Macomb County. Mr. Chairman, on behalf of the Miscellaneous Committee, I move the adoption of the foregoing report. MISCELLANEOUS COMMITTEE Peter P. Quinlan, Chairman Helen G. Bonner, Virgil C. Knowles Sydney Frid, Hugh Charteris Moved by Quinlan supported. by Charteris the report be adopted. A sufficient najority haying voted therefor, the report was adopted. bupervisors Minutes Continued. November 2, 1900 Misc. 3715 By Mr. Quinlan IN RE: AUTHORIZE SHERIFF TO DISPOSE Of UNCLAIMED STOLEN PROPERTY To the Oakland County Board of Supervisors Mr. Chairnan, Ladies and Gentlemena WHEREAS the Sheriff of Oakland County has, by letter, requested authority from this Board to dispose of recovered stolen property which has been unclaimed for six or more months after recovery, such authority being necessary under the provisions of Act No. 54 of the Public Acts of the State of Michigan for the year 1959, NOW THEREFORE BE IT RESOLVED that such authority be and the same is hereby granted to the Sheriff of Oakland County to dispose of such recovered stolen property in the manner prescribed in said Act No.54 of the Public Acts of 1959. Mr. Chairman, on behalf of the Miscellaneous Committee, I move the adoption of the foregoing resolution. MISCELLANEOUS COMMITTEE Peter P. Quinlan, Chairman Helen G. Bonner, Virgil C. Knowles Sydney End, Hugh Charteris Moved by Quinlan supported by Bonner the resolution be adopted. A sufficient majority having voted therefor the resolution was adopted. Misc. 3716 By Mr. Quinlan IN RE: NAMES OF NEW LAKES, HOLLY TOWNSHIP To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the October 3, 1960 meeting of the Board, a resolution was adopted requesting the Miscell- aneous Committee to study proposed names of new lakes in Holly Township as follows: Lake Bar's-Leak in Section 33 Lake Oahu in Section 27 Arrowhead Lake in Section 33 of Holly Township and Section 4 of Rose Township Aftera thorough study, your Committee finds that the proposed names of the new lakes are not in conflict with any other names of lakes in the County. Your Committee therefore recommends approval of the request of Holly Township to name the new lakes as above set forth. Mr. Chairman, on behalf of the Miscellaneous Committee, I move the adoption of the following resolution: BE IT RESOLVED that the names of new lakes in Holly and Rose Townships be approved as follows: Lake Bar's-Leak in Section 33, Holly Township Lake Oahu in Section 27, Holly Township Arrowhead Lake in Section 33 of Holly Township and Section 4 of Rose Township BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution to the United States Board on Geographic Names. MTSCEJJANEOUS COMMITTEE Peter P. Quinlan, Chairman Helen G. Bonner, Virgil C. Knowles Sydney End, Hugh Charteris Moved by Quinlan supported by Bonner the resolution be adopted. A sufficient majority having voted therefor, the motion. carried. Misc. 3717 By Mr. Quinlan IN RE: LAKE MAUNA LOA, HOLLY TOWNSHIP To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the meeting of the Board on October 3, 1900, the request of the Supervisor of Holly Township to change the name of Mud Lake in Section 27 of Holly Township was referred to your Miscellaneous Committee. Your Committee first considered the possibility of changing the name to "Forest Lake" but found that there are already lakes so named in Bloomfield and Milford Townships. Your Committee then received the suggestion from the Supervisor of Holly Township that the name of Mud Lake be changed to Lake Mauna Loa. There is no conflict of this name with any other lake in the County. Your Committee therefore recommends that the name of Mud Lake in Section 27 of Holly Township be changed to Lake Mauna Loa. Mr. Chairman, on behalf of the Miscellaneous Committee, I move the adoption of the following resolution: BE IT RESOLVED that the name of Mud Lake in Section 27 of Holly Township be changed to Lake Mauna Loa and that the County Clerk forward a certified copy of this resolution to the United States Board on Geographic Names. Mr. Chairman, I move the adoption of the foregoing resolution. MISCELLANEOUS COMMITTEE Peter P. Quinlan, Chairman Helen G. Bonner, Virgil. C. Knowles Sydney Erid, Hugh Charter is 94 Supervisors Minutes Continued. November 2, 1960 Moved by Quinlan supported by Tinsman the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3718 By Mr.. Levinson IN RE: EMPLOYEES CROUP INSURANCE INCREASE To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution 2918, as amended by Miscellaneous Resolution 3293, this Board set up an Employees Group Life Insurance Plan providing for coverage for county employees of $2,500.00 up to ago 70, and $1000.00 thereafter, on a contributory basis, and WHEREAS the Oakland County Employees Retirement Commission has recommended an amendment to the Group Life Insurance Plan to provide the following coverage according to annual earnings: ANNUAL EARNINGS INSURANCE COVERAGE Less than $4000 $2500 $4000 but less than $7500 $3500 $7500 but less than $10,000 $4500 $10,000 and over $6000 Reduced at age 70 to the accumulated paid-up value or $1000, whichever is greater Plan to be optional with present members, and WHEREAS no additional appropriation will be needed for 1961 to pay the estimated premium increase to the County of $850.00 per month due to the decrease in the County rate from 84¢ to 79¢ and the Current experience rebate of $13,314.00 for 1960, and WHEREAS the Ways and Means Committee and Salaries Committee have considered the proposed amend- ment and concur in the recommendation of the Retirement Commission that the County Employees Group Life Insurance Plan be so amended, NOW THEREFORE RE IT RESOLVED that the Oakland County Employees Group Life Insurance Plan be amended as recommended by the Retirement Commission, such amendment to be placed in effect January 1, 1961 or as soon as possible thereafter. Mr. Chairman, on behalf of the members of the Ways and Means Committee, and with the Concurrence of the Salaries Committee and the Retirement Commission, I move the adoption of the foregoing resolution. WAYS AND MEANS COMMITTEE David Levinson, Chairman H. C. Cummings, Orph C. Holmes, Frank J. Voll, Sr. John L. Carey, Arno L. Hulet, Harry W. Horton Moved by Levinson supported by McGovern the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3719 By Mr. Levinson IN RE: BOND - COUNTY TREASURER To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS Sections 35 and 36 of the Revised Statutes of 1846, Chapter 14, as amended (M.S.A. 5.681-2), require the County Treasurer to execute and file an official bond for the faithful performance of his duties in such amount, form and manner as shall be prescribed by the Board of Supervisors, and WHEREAS the previous bond for the County Treasurer has been in the amount of $150,000 but the Treasurer actually handles in excess of $75,000,000 per year, your Ways and Means Committee recommends that the bond of the Oakland County Treasurer for the two year term beginning January 1, 1961 be fixed in the amount of $1,000,000, NOW THEREFORE BE IT RESOLVED that the bond of the Oakland County Treasurer be fixed in the amount of $1,000,000 to run to the Board of Supervisors of Oakland County and the People of the State of Michigan; BE IT FURTHER RESOLVED that the cost of the bond be paid from the General Fund of the County. Mr. Chairman, on behalf of the Ways and Means Committee, I move the adoption of the foregoing resolution. WAYS AND MEANS COMMITTEE David Levinson, Chairman R. C. Cummings, Orph C. Holmes, Frank J. Voll, Sr. John L. Carey, Arno L. Mulct, Harry W. Horton Moved by Levinson supported by Mulct the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. 95 'Supervisors Minutes Continued_ November 2, 1960 Misc. 3720 By Mr. L ,vinsou IN RE: WAIVE BOARD RULES RE: BIDS ON STORM SEWERS To the Or:kland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: Before presenting the resolution for acceptance of the bid and letting a contract for install- ation of storm drainage at the Service Center, your Ways and Means Committee desires to bring the Board's attention to the manner in which bids were taken. Due to limitations of time, the Board of Auditors solicited bids from three contractors who are either now engaged or who have recently been engaged in work for the County at the Service Center. This was not in accordance with the By-Laws which specify advertising for bids. However, in view of the amount of the twc, bids received and the fact that both were substantially below the County Engineer's estimate, the Buildings and Grounds and Ways and Means Committees felt that consideration should be given by the Hoard to the waiving of the rules in this instance, with the under- standing that the procedure should not be considered a precedent in the taking of future bids, and the Hoard be given opportunity to consider the low bid. Therefore, Mr. Chairman, in order that this matter may be considered at this time, I move that the rules of the Board be waived. WAYS AND MEANS COMMITTEE David Levinson, Chairman R. C. Cunnings, Orph C. Holmes, Frank J. Vol], Sr. John L. Carey, Arno L. Hulet, Harry W. Horton Moved by Levinson supported by McGovern the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3721 By Mr. Levinson IN RE: BIDS FOR STORM DRAINAGE PROJECT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: Your Ways and Means Committee respectfully reports to the Board that bids for the installation of storm sewers were received by the Board of Auditors and reported to the Buildings and Grounds Committee on October 25, 1960, as follows: Pike-Melvin Company $10,201.65 Ray L. Welch 11,220.19 Plans and specifications were prepared by the County Engineer and the estimate of cost was $12,000.00. Funds have previously been set aside for this project in the Sanitary Sewer Fund. The joint Committees recommend the acceptance of the low bid of the Pike-Melvin Company. Mr. Chairman, on behalf of the joint Committees, I move the adoption of the following resolution: BE IT RESOLVED that the bid of Pike-Melvin Company in the amount of $10,201.65 be accepted for installation of storm sewers at the County Service Center in accordance with plans and specifications pre- pared by the County Engineer, and the Board of Auditors be hereby authorized to execute the contract on behalf of the County and charge the cost thereof to the Sanitary Sewer Fund. Mr. Chairman, on behalf of the members of the joint Committees, I move the adoption of the foregoing resolution. WAYS AND MEANS COMMITTEE BUILDINGS AND GROUNDS COMMITTEE David Levinson, Chairman Luther Heacock, Chairman R. C. Cummings, Orph C. Holmes J.. Wesley Duncan, Maurice J. Croteau Frank J. Voll,Sr., John L. Carey A. Taylor Menzies, Paul W. McGovern Arno L. Hulet, Harry W. Horton Leroy Davis, Duane Hursfall Moved by Levinson supported by J. W. Duncan the resolution be adopted. AYES: Allerton, Alward, Bloc, Bonner, Brickner, Cardon, Carey, Charteris, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, WM. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulet, Hursfall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, Marshall, McCartney, McGovern, Meichert, Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Reiner, Rhinevault, Rowston, Schenansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiley, Tinsman, Voll, Webber, Yockey. (77) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 3722 By Mr. Levinson IN RE: BUDGET FOR REGIONAL PLANNING COMMISSION To the Oakland County?Board of Supervisors . Mr. Chairman, Ladies and Gentlemen: At the September 19, 1960 meeting of the Board, the 1961 Budget (Miscellaneous Resolution 3697) was approved. The Budget includes a $24,900.00 appropriation for the Regional Planning Commission. 96 Supervisors Minutes Continued- November 2, 1 960 This sum, recommended by your Ways and Means Committee, was arriYed at by applying a formula adopted by the Regional Planning Commission to fairly allocate its 1961. Budget of $127,453.00 for the member counties. The formula is based on the following factors: 20% on area 40% on population 40% on assessed equalized valuation of the Counties of Wayne, Oakland, Macomb, Monroe and four Townships in Washtenaw County, It has recently come to the attention of your Committee that there is some possibility that all of the member counties may not appropriate funds to the Regional Planning Commission according to the . previously agreed on formula. If this should happen, it does not seem equitable that Oakland County should pay the full amount. Your Committee therefore recommends that payments to the Regional Planning Commission for the year 1961 be made by the Board of Auditors only with the authorization of the Ways and Means Committee. Mr. Chairman, on behalf of the members of the Ways and Means Committee, I move the adoption of the •foregoing recommendation. WAYSAND MEANS COMMITTEE David Levinson, Chairman R. C. Cummings, Orph C. Holmes, Frank J. Voll, Sr. John L. Carey, Arno L. Hulet, Harry - W. Horton Moved by Levinson supported by Staman the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3723 By Mr. Levinson IN RE: CARE FOR MENTALLY RETARDED CHILDREN To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: At the September 19, 1960 meeting of the Board,the request of Probate Judge Arthur E. Moore, to have the County provide care for mentally retarded children and, in some cases, mentally retarded adults who have been committed to institutions for feeble minded but who cannot be admitted immediately, was referred to your Ways and Means Committee. Your Committee has considered this request and since the care of mentally ill persons is a state responsibility, recommends that the County should take no further action on this request at this time. Care for a limited number of mentally ill persons, including children, has been provided by the County pursuant to Miscellaneous Resolutions 3362 and 3507 as amended by the Board on April 27, 1959. Funds for such emergency care are provided in the budget. A special committee of the State Senate is presently studying problems relating to the housing of mentally ill persons, including housing for emotionally disturbed children. Hearings of this special committee have recently been held in Pontiac. Officials of the County have appeared before the committee to present the serious problem facing our Probate Court in handling these cases after a child has been committed to a state institution and prior to actual admittance. In many instances there have been long delays because of inadequate facilities provided by the State. It is expected that this Senate committee will present a report to the 1961 Session of the State Legislature with recommendations to alleviate this situation. In view of the foregoing, your Committee recommends that no action be taken on the request of the Probate Judge at this time. Mr. Chairman, on behalf of the members of the Ways and Means Committee, I move the adoption of the foregoing report. WAYS AND MEANS COMMITTEE David Levinson, Chairman R. C. Cummings, Orph C. Holmes, Frank J. Voll, Sr. John L. Carey, Arno L. Hulet, Harry W. Horton Moved by Levinson supported by Cyril Miller the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 3724 By Mr. Levinson IN RE: APPROPRIATION FOR REMODELING PUBLIC SERVICES BUILDING To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS plans prepared by the County Engineer for the remode in order to provide additional office space for the Department of Publ approved by the Buildings and Grounds Committee, and WHEREAS it has been estimated that the cost thereof will be WHEREAS it has been determined by the Buildings and Grounds space should be provided at this time, ling of the Public Services Building ic Works, have been reviewed and approximately $6,000.00, and Committee that additional office Supervisors Minutes Continued. November 2, 1.900 NOW THEREFORE BE IT RESOLVED that the Hoard of Auditors be authorized to proceed with plans to remodel the Public Services Building at 550 S. Telegraph. Road, Pontiac, at a cost not to exceed $6,000.00 such work to be done by the Maintenance PeNrAnnrit and moneys therefor appropriated from the Contingent Fund. Mr. Chairman, on behalf of the .; and Means Committee, and with tlr concurrence of the Buildings and Grounds Committee, I move the adoption of the foregoing resolution. WAYS AND MEANS COMMITTEE David Levinson, Chairman R. C. Cummings, Orph C. Holmes, Frank J. Voll, Sr. John L. Carey, Arno L. Hulet, Harry W. Horton Moved by Levinson supported by Cummings the resolution be adopted. AYES: Allerton, Alward, Bloc, Bonner, Brickner, Carden, Carey, Charter is, Cheyz, Christensen,. Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards, Elliott, Ewart, Fouts, Friel, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulot, Hursfall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, Marshall, McCartney, McGovern, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, 0/Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Sculley, Staman, Swanson, Taylor, Tiley, Tinsman, Voll, Webber, Yockey. (77) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 3725 By Mr. Levinson IN RE: MEMORIAL - FLOYD ANDREWS To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: The passing of Floyd Andrews on October 14, 1960 brings sorrow to our hearts. For twenty-one years, he served as a member of this Board representing Independence Township and, for two and one-half years, served as Chairman. He took up the leadership of our County as Chairman of the Board when Clare W. Seery passed away in 1953. Previously, he had Nerved his home town of Clarkston as Postmaster and Independence Township as Justice of the Peace. He was born on March 16, 1886, and during his early years was a blacksmith in Waterford and Clarkston. It can truly be said of Floyd Andrews that he was a good citizen because he possessed all of the attributes of good citizenship. He was deveoted to his family, his church and his country. As Chair- man of the Board of Supervisors, he presided with dignity and impartial efficiency. He ably guided the affairs of the County during a tremendous population expansion and his leadership contributed greatly to the growth and development of the County to its present status. He, along with David Levinson, repre- senting Oakland County, Edward Connor of Wayne County, and the late Floyd Rosso of Macomb County, set up the preliminary discussions which led to the formation of the Supervisors Inter-County Committee. He can truly be called one of the fathers of the Inter-County Committee. In his Township, he pioneered many worthwhile projects, such as the community library and the organization of an outstanding volunteer fire department. He was a member and Secretary of the Cedar Lodge, 60 F & AM, for 25 years and of the First Methodist Church in Clarkston where memorial services in his honor were officiated by his pastor, the Reverend William J. Richards, on Monday, October 17, 1960. MT. Andrews leaves surviving, his wife Dorothy, three daughters, Mrs. Frank Petty and Mrs. Donald Smith, both of Clarkston, and Mrs. Robert K. Russell of Birmingham; a son, Walter of Holly, and six grand- children. Our hearts are heavy as we read these words and our only consolation is the knowledge that such a fruitful life as Floyd Andrews lived will surely be rewarded by the God in whom he placed his trust. Our loss is great, the community's loss is great, his family's loss is greater. To them, we extend our deepest and most sincere sympathies. Mr. Chairman, I move that the foregoing memorial be placed- in the records of this Board- and that a certified copy thereof bearing the Seal of the County to which he was 80 devoted, be forwarded to his surviving wife and children. Mr. Chairman, on behalf of all of the members of the Board, I move the adoption of the foregoing resolution. SPECIAL COMMITTEE David Levinson, Chairman R. C. Cunnings, William C. Hudson The resolution was unanimously supported and adopted. Misc. 3726 By Mr. Rehard IN RE: LAKE LEVEL FOR MIDDLE, UPPER AND LOWER STRAITS LAKES To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS this Board, by the adoption of Miscellaneous Resolution 3682, referred the matter of the establishing of a lake level for Middle Straits Lake to the Drain Committee, and WHEREAS since the adoption of said resolution, it has been found by the undersigned Supervisors of West Bloomfield and Commerce Townships, that it will also be necessary to institute proceedings to control the level of Upper, and Lower Straits Lakes as well, and 98 'Supervisors Minutes Continued. November 2, 1960 WHEREAS this matter is now being considered by the Drain Committee, NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution 3682 be amended to include a referral to the Drain Committee of the study and report on the expediency, desirability and necessity of establish- ing the level of Middle Straits, Upper Straits and Lower Straits Lakes in West Bloomfield and Commerce Townships. Mr. Chairman, I move the adoption of the foregoing resolution. John C. Rehard, Supervisor, West Bloomfield Township Thomas C. They, Supervisor, Commerce Township Moved by Rehard supported by They the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. The Chairman announced that appointments would be made at this time. Mr. Hall, Mr. Elliott and Mr. Johnson were appointed tellers. Nominations in order for member of the Board of Auditors. The Chairman called for a ballot vote in accordance with the state law. Mr. Kephart nominated Robert Y. Moore. Mr. Cummings seconded the nomination. Moved by Cardon supported by Carey that nominations be closed. A sufficient majority having voted therefor, the motion carried. The Chairman announced the result of the ballot vote as follows: Robert Y. Moore - 61 Mr. Robert Y. Moore declared elected a member of the Board of Auditors for three years beginning January 1, 1961. Nominations in order for Chairman of the Board of Auditors, for one year. Mr. Osgood nominated Robert E. Lilly. Mr. Kephart nominated Robert Y. Moore. Mr. Carey seconded the nomination. Moved by Carey supported by Kephart that nominations be closed. A sufficient majority having voted therefor, the motion carried. The Chairman announced the result of the ballot vote as follows: Robert Y. Moore - 55 Robert E. Lilly - 16 Mr. Robert Y. Moore declared elected Chairman of the Hoard of Auditors for one year beginning January 1, 1961. Nominations in order for two members of the Board of Public Works. Mr. Semann nominated Harry W. Horton. Mr. Hulet seconded the nomination. Mr. Potter nominated Arno Hulet, Mr. Allerton seconded the nomination. Moved by Allerton supported by Cyril Miller that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for Harry W. Horton and Arno Hulet. A sufficient majority having voted therefor, the motion carried. AYES: Allerton, Alward, Bloc, Bonner, Brickner, Cardon, Carey, Charteris, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards ., Elliott, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulet, Hursfall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, Marshall, McCartney, McGovern, Melohert, Menzies, Clarence Miller, Cyril Miller, Mitchell, OtDonoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiloy, Tinsman, Veil, Webber, Yockey. (77) NAYS: None. (0) Mr. Harry W. Horton and Mr. Arno Hulet declared elected members of the Board of Public Works for three years beginning January 1, 1961. Supervisors Minutes Continued. November 2, 1960 Nominations in order for three members of the Canvassing Board. Mrs. Hill nominated Hope Gornmn (Republican). Mr. Carey nominated Carlos Richardson (Democrat), Mr. Horton nominated Sally Dixon (Republican). Moved by Elliott supported by Kephart that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for Hope Gorman, Carlos Richardson and Sally Dixon. A sufficient majority having voted therefor, the motion carried. Mrs. Hope Gorman, Mr. Carlos Richardson and Mrs. Sally Dixon declared elected members of the Canvassing Board for two years, or until their successors are elected and qualified. Nominations in order for one member of the Department of Veterans Affairs. Mr. Cummings nominated John K. Irwin. Moved by Voll supported by Kephart that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for John K. Irwin. A sufficient majority having voted therefor, the motion carried. Mr. John K. Irwin declared elected a member of the Department of Veterans Affairs for three years beginning January 1, 1961. Nominations in order for three members of the Planning Commission. Mr. Goodspeed nominated R. C. Cummings. Mrs. Hill seconded the nomination. Mr. Ingraham nominated David Gerhard. Mr. Cummings seconded the nomination. Mr. Ingraham nominated Donald A. Kalmbach. Mr. Cummings seconded the nomination. Moved by Cyril Miller supported by Goodspeed that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for Mr. R. C. Cummings, Mr. David Gerhard and Mr. Donald A. Kalmbach. A sufficient majority having voted therefor, the motion carried. Mr. R. C. Cummings, Mr. David Gerhard and Mr. Donald A. Kalmbach declared elected members of the Planning Commission for three years beginning January 1, 1961. Nominations in order for member of the Board of County Road Commissioners. Mr. Levinson nominated Robert O. Felt. Mr. Rewston seconded the nomination. Moved by McGovern supported by O'Donoghue that nominations be closed. , A sufficient majority having voted therefor, the motion carried. Result of vote: Robert O. Felt - 63 Mr. Robert O. Felt declared elected a member of the Board of County Road Commissioners for six years beginning January 1, 1961. Nominations in order for member of the Social Welfare Board. Mrs. Lewis nominated Maurice Croteau. Mr. Ewart seconded the nomination. Moved by Elliott supported by Semann that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for Maurice Croteau. A sufficient majority having voted therefor, the motion carried. AYES: Allerton, Alward, Bloc, Bonner, Brickner, Cardon, Carey, Charteris, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulet, Hurs fall, Ingraham, Johnson, Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Major, Marshall, McCartney, McGovern, Melchert, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiley, Tinsman, Voll, Webber, Yockey. (77) 100 Supervisors Minutes Continued. November 2, 1960 NAYS: None. (0) Nominations in order for member of the T. B. Board of Trustees. Mr. Kephart nominated George J. Scott. Mr. Horton seconded the nomination. Moved by Elliott supported by Horton that. nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board, for George J. Scott. A sufficient majority having voted therefor, the Motion carried. AYES: Allerton, Alward, Bloc, Bonner, Brickner, eardon, Carey, Charteris, Cheyz, Christensen, Clack, Clark, Cummings, Davis, Dickens, J. W. Duncan, R. Duncan, Wm. Duncan, Edwards, Elliott, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin Heacock, Hildebrandt, BUJ, Hoard, Hocking, Holmes, Horton, Hudson, Huhn, Hulet, Hursfall, Ingraham, Johnson, -Kephart, Knowles, Lahti, Levinson, Lewis, Love, MacDonald, Majer, Marshall, McCartney, McGovern', Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Remer, Rhinevault, Rowston, Sthemansky, Sehock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tiley, Tinsman, Voll, Webber, Yockey. (77) NAYS: None. (0) Moved by Levinson supported by Voll the following appointments be reaffirmed in accordance with the provisions of Rule XX of the Board: Civil Defense Director - Lewis C. jarrendt Corporation. Counsel - Norman R. Barnard Dog Warden - Frank R. Bates, D.V.M. A sufficient majority having voted therefor, the motion carried. Misc. 3727 ' IN RE: M.S.U.-OAKLANB SEWAGE DISPOSAL SYSTEM Mr. Horton presented the following communication from the Director of Public Works: DEPARTMENT OF PUBLIC WORKS COUNTY OF OAKLAND, MICHIGAN 550 SOUTH TELEGRAPH ROAD PONTIAC, MICHIGAN November 1, 1960 Board of Supervisors Oakland County, Michigan Gentlemen: In behalf of the Board of Public Works, I am submitting herewith the following: 1. Agreement between the County of Oakland and the Townships of Avon and Pontiac dated October 3, 1960, which extends from June 24, 1969 to June 24, 1984, the termination date of a certain contract between said parties dated June 24, 1959 whereby the county is to furnish sewage disposal services to those portions of said townships which lie within the M.S.U.-Oakland Sewage Disposal District. The termination date of said contract has been extended because of the necessity of refunding the M.S.U.-Oakland Sewage Disposal System Revenue Bonds dated November 2, 1959 as provided in the ordinance submitted herewith. The Board of Public Works has authorized the execution of said extension agreement subject to the approval of the Board of Supervisors. The Board of Supervisors should therefore authorize the Board of Public Works by its Chairman and Secretary to execute said agreement for and on behalf of the County of Oakland. 2. Proposed ordinance entitled, "An Ordinance to Provide for Refunding $360,000 'M.S.U.-Oakland Sewage Disposal System Revenue Bonds,' dated November 2, 1959; to Provide for the Retirement and Security of Said Refunding Bonds; and to Provide for Other Matters Relative to the M.S.U.-Oakland Sewage Disposal System and Said Bonds." This ordinance provides for the refunding of bonds Nos. 11 thru 370 of M.S.U.- Oakland Sewage Disposal System Revenue Bonds, dated November 2, 1959, by the issuance of $360,000 M.S.U.- Oakland Sewage Disposal System Revenue Refunding Bonds to be dated November 1, 1960. Bonds Nos. 1 thru 10 of the original bonds have been retired by payment. The original bonds were payable $70,000 in the year 1960 and $75,000 in each of the years 1961 thru 1964. The refunding bonds will be payable $1,000 in the year 1962; $6,000 in each of the years 1963 and 1964; $12,000 in the year 1965; $20,000 in each of the years 1966 thru 1973 and $25,000 in each of the years 1974 thru 1980. The refunding bonds bear interest at the rate of 4Tli% per annum, being the same interest rate as that on the original bonds. Section 14 of the ordinance provides for the issuance of additional bonds of equal standing with the refunding bonds, under restrictions specified therein. There is no pledge of the full faith and credit of the county on the refunding bonds authorized in said ordinance. The statute requires the affirmative vote of a majority of the members elect of the Board of Supervisors for the adoption of the ordinance. The Board of Public Works has approved the above mentioned ordinance and recommends its adoption by the Board of Super- visors. Board of Public Works By: R. J. Alexander, Director Misc. 3728 IN RE: EXTENSION OF TERMINATION OF COUNTY-AVON TOWNSHIP AND PONTIAC TOWNSHIP CONTRACT The following resolution was offered by Mr. Horton and supported by Mr. Cyril Miller: RESOLVED that the agreement dated October 3, 1960, extending the termination date of the sewage disposal contract of June 24, 1959 between the County of Oakland and the Townships of Avon and Pontiac, 101 Supervisors Minutes Continued. November 2, 1960 from Imo 24, 1969 to June 24, 1984, be execitha: and delivered on behalf of the County of Oakland, by the Board of Public Works through its Chairman an, •.;:a rotary. Adopted. YEAS: Allerton, Alward, Bloc, Bonner, Cordon, Carey, Charteris, Cheyz, Clack, Clark, Cumndngs, Davis, Dickens, R. Duncan, Win. Duncan, Edwards, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock, Hildebrandt, Hill, Hoard, Holmes, Horton, Huhn, Hursfall, Ingraham, Johnson, Kephart, Lahti, Levinson, Lewis, Love, MacDonald, Marshall, McGovern, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell., 0' Donoghue, Oldenburg, Osgood, Potter, Rehard, Hewer, Rhinevault, Rowston, Schemansky, Schock, Semann, Smith, Solley, Staman, Swanson, Taylor, Tinsman, Voll, Webber. (64) NAYS: None. (0) Misc. 3729 TN RE: M.S.U.-OAKLAND SEWAGE DISPOSAL SYSTEM REVENUE REFUNDING BONDS, DATED NOVEMBER I, 1960 Mr. Horton presented Ordinance No. 7 entitled: AN ORDINANCE TO PROVIDE FOR REFUNDING $360,000 "M.S.U.-OAKLAND SEWAGE DISPOSAL SYSTEM REVENUE BONDS," DATED NOVEMBER 2, 1959; TO PROVIDE FOR THE RETIREMENT AND SECURITY OF SAID REFUNDING BONDS; AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE M.S.U.-OAKLAND SEWAGE DISPOSAL SYSTEM AND SAID BONDS which ordinance was read. Mr. Horton moved the adoption of the foregoing ordinance, which motion was supported by Mr. •Webber. Upon roll call the ordinance was adopted by the following vote: s, Cheyz, Clack, Clark, Cummings, Hamlin, Heacock, Hildebrandt, Lahti, Levinson, Lewis, Love, Miller, Mitchell, O'Donoghne, Schemansky, Schack, Smith, Solley, YEAS: Allerton, Alward, Bloc, Bonner, Cardon, Carey, Charteri Davis, Dickens, R. Duncan, Edwards, Ewart, Fouts, End, Goodspeed, Hall, Hill, Hoard, Holmes, Horton, Huhn, Hursfall, Ingraham, Johnson, Kephart, MacDonald, Marshall, McGovern, Melchert, Menzies, Clarence Miller, Cyril Oldenburg, Osgood, Potter, Quinlan, Rehard, Romer, Rhinevault, Rowston, Staman, Swanson, Taylor, Tinsman, Voll, Webber. (63) NAYS: None. (0) The Chairman declared the ordinance adopted. The following is the ordinance as adopted: ORDINANCE NO. 7 AN ORDINANCE TO PROVIDE FOR REFUNDING $360,000 "M.S.D.-OAKLAND SEWAGE DISPOSAL SYSTEM REVENUE BONDS, DATED NOVEMBER 2, 1959; TO PROVIDE FOR THE RETIREMENT AND SECURITY OF SAID REFUNDING BONDS; AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE M.S.U.-OAKLAND SEWAGE DISPOSAL 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 System" for the purpose of disposing of sewage from the district known. as the "M.S.U.-Oakland Sewage Disposal District," which district is fully described in said resolution and also in Ordinance No. 5 of the ordinances of the County of Oakland hereinafter referred to; and WHEREAS, pursuant to Ordinance No. 5, as amended by Ordinance No. 6, of the ordinances of the County Of Oakland, there has been constructed the said M.S.U.-Oakland Sewage Disposal System and there have been issued M.S.U.-Oakland Sewage Disposal System Revenue Bonds, dated November 2, 1959, in the principal sum of $370,000 bearing interest at the rate of 422% per annum payable on May 1, 1960, and thereafter semi-annually on the first days of May and November in each year, which bonds mature on November 1 in each year as follows: $70,000 in the year 1960 and $75,000 in each of the years 1961 thru 1964; and WHEREAS the County of Oakland through its Board of Public Works has entered into a contract with the Township of Avon and the Township of Pontiac whereby the county will furnish sewage disposal services to said townships for the territory within the M.S.U.-Oakland Sewage Disposal District, which contract is dated June 24, 1959 and is set forth in full in the minutes of the meeting of the Board of Supervisors held on August 5, 1959; and WHEREAS the said contract which by the terms thereof expires on June 24, 1959, has been extended to June 24, 1984; and WHEREAS there have been retired by payment bond Nos. 1 thru 10 of said issue, maturing on November 1, 1960; and WHEREAS it appears desirable to extend the maturities on said bonds by refunding the same; therefore THE COUNTY OF OAKLAND, MICHIGAN, ORDAINS:. Section 1. Whenever used in this ordinance or in the bonds to be issued hereunder, except when otherwise indicated by the context: (a) The term "county" shall be construed to mean. the County of Oakland. (b) The term "board of supervisors" shall. be construed to mean the board of supervisors of said county, the legislative and governing body thereof. (e) The term "board of public works" shall be deemed to mean the board of public works of said county created under Act No. 185 of the Public Acts of 1957, as amended. 102 'Supervisors Minutes Continued. November 2, 1960 (d) The term "sewage disposal ;-sst ,:m" shall. be construed to include all sanitary sewers, com- bined sanitary and storm sewers, plants, we., H.strumentatities and properties as the same shall from time to time exist, used or useful in connection with the collection, treatment and/or disposal of sewage from the district by the county. (e) The term "system!' shall. be deemed. to refer to the sewage disposal system for the M.S.U.- Oakland Sewage Disposal District. (f) The term "revenues" and "net revenues" shall be construed as defined in Section 3 of Act No. 94, Michigan Public Acts of 1933, as now amended. Section 2. There are hereby authorized to be issued and .exchanged, par W pAr, pursuant to the provisions of Act No. 94, Michigan, Pribtic Acts of 1933, as amended, refunding bends in the aggregate principal sum of Three Hundred Sixty Thousand Dollars ($360,000) for the purpose of refunding bonds Nos. 11 thru 370 of said M.S.U.-Oakland Sewage Disposal System Revenue Bonds, dated November 2, 1959, aggre- gating the principal stun of $360,000. Said refunding bonds shall be known as "M.S.U.-Oakland Sewage Disposal System Revenue Refunding Bonds"; shall be dated as of November 1, 1960; shall he numbered con- secutively- in the direct order of their maturities from 1 thru 360, both inclusive; shall be coupon bonds in the denomination of $1,000 each; shall be registrable as to principal only in the manner hereinafter set forth in the bond form; shall bear interest at the rate of 4-1/2% per annum payable on January 1, 1961 and thereafter send-annually on the first days of January and July in each year; and shall. mature on January 1 in each year as follows: $1,000 in the year 1962 6,000 in the year 1963 6,000 in the year 1964, 12,000 in the year 1965 20,000.in each of the years 1966 thru 1973 25,000 in each of the .ors 1974 thru 1990 The bonds of said issue shall be subject to redemption pl .; - to maturity at the option of the county, in direct numerical order, on any one or more interest payrk.o: dates at the par value thereof and accrued interest.. Notice of redemption shall. be given to the holders of the bonds to be redeemed by publication of such notice not less than 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 United States mail addressed to the registered holder thereof at the address shown on the bond registration books of the board of county auditors, which notice shall be mailed not less than thirty (30) days prier 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. The principal of said bonds and the interest thereon shall_ be payable in lawful money of the United States of America at the Community National Bank in the City of Pontiac:, Michigan, upon presentation and surrender of said bonds and attached coupons as they severally mature. Section 3. The chairman of the board of supervisors and county clerk of the County of Oakland shall.. execute said bonds for and on behalf of the county and the county clerk shall affix the seal of the county thereto. The said chairman of the board of supervisors and county clerk shall. execute the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile signatures. Upon the execution of said refunding bonds, the treasurer of the county shall deliver the same in exchange for the bonds to be refunded thereby, on the basis of par for par, both the original and refunding bonds to have attached thereto all coupons evidencing interest from November 1, 1960 to their respective maturities. The county treasurer upon receipt of said original bonds of November 2, 1959, shall cancel the same to- gether with the attached coupons. Section 4. Said bonds and attached coupons shall not be a general obligation of the county and shall not be an indebtedness of the county within any state constitutional Provision or statutory limit- ation. The principal of and interest on said bonds shall he payable solely from the net revenues derived from the operation of the system, including future improvements, enlargements and extensions tie reef, To secure the payment of the principal of and interest on the bonds, issued hereunder, there is hereby created in favor of the holders of said bonds and the interest coupons pertaining thereto, and each of such holders a first lien (by said Act No. 94, Michigan Public Acts of 1933, as amended, made a statutory lien) upon the net revenue's from the said system, including future improvements, enlargements and extensions thereof. The net revenues so pledged shall be and remain subject to said lien until the payment in full of the principal of and interest on said bonds. Section 5. The holder or holders of any of the bonds or interest coupons herein authorized to be issued, shall have all the tights and remedies given by law and particularly by said Act No. 94, Michigan Public Acts of 1933, as amended, for the collection and enforcement, of said bonds and coupons and the security therefor, including the right to have a receiver appointed for the system in event of default on the part of the county in the performance of the terms of the bond. contract. Section 6. The system shall be operated upon the basis of a fiscal year beginning on January 1st of each year and ending on December 31st of the same year. Section 7. The operation, maintenance and management of the system shall be under the immediate supervision and control of the board of public works. Section 8. It is the intention that sewage disposal services will be furnished to the Township of Avon and the Township of Pontiac for the benefit of the M.S.U.-Oakland Sewage Disposal District and not directly to the individual users in said district. The charges to each township for the services and facilities of the System shall be as follows: 103 Supervisors Minutes Continued. November 2, 1960 Connection Charge (a) For each unit of property within the township directly or indirectly connected with the syses. the 811M of $525 divided as follows: $225 for connection to the sewer and $300 for connection to the treatment plant. In case of new construction the said connection charge shall be payable to the county within thirty days after the issuance of the building permit. Connection charges relating to buildings existing on October 1, 1959 shall be payable in ten equal annual installments without interest to the county but with interest at 6% per annum to the township. Service Charge (b) $1.90 per 1000 cubic feet of sewage disposed of by the system from the township, computed upon the basis of the amount of water consumed as measured by a master water meter or meters, if available,. or where not, as measured by individual home or business meters: Provided, that each quarterly charge to a township in respect to all units of property whose water consumption is measured by master or individual meter readings, shall be not less than a sum computed by multiplying the number of such units by $9.50. Where no such meter readings are available, then the service charge shall be based upon the number of "units" served which shall be $9.50 per unit per quarter. The word "unit" as herein used shall mean any property from which there emanates that quantity of sanitary sewage ordinarily arising from the occupancy of a residence building by a single family of ordinary size. The number of units to be assigned to any particular parcel of property used for other than single residential purposes shall be determined by the board of public works and its decision shall be final. The board 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 before the final payment date, then there shall be added thereto a penalty of 1% for each month or fraction thereof for 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 use 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. lf 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 corpor- ation, public or private, or to any public agency or instrumentality. Section 9. 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 pay- ment 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. Rates 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 times such rates for services furnished by the system as shall be sufficient to provide for the foregoing. Section 10. Upon the exchange of said refunding bonds for the original bonds, all moneys in the various funds established under said Ordinance No. 5 shall be transferred to the comparable funds under this section. The revenues of the system arc 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 periodically into separate and special funds, as follows: I. Operation and Maintenance Fund. Out of the revenues in the Receiving Fund, there shall be first set aside in each quarter (3 months) into a fund to be designated "Operation. and Maintenance Fund," a sum sufficient to provide for the payment for the next quarter of all current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the system in good repair and working order. 2. Bond and Interest Redemption. Fund. Out of the remaining revenues in the Receiving Fund, there shall be next set aside each quarter into a fund to be designated "Bond and interest Redemption Fund," a sum proportionately sufficient to provide for the payment as the same become due of the next maturing principal and interest on each issue of bonds then payable from the revenues of the system and if there shall he any deficiency in the amount previously set. aside, then the amount of such deficiency shall be added to the current requirement: Provided, that the amount so set aside in each quarter shall not be less than the amount received during such quarter in payment of connection charges. Subject to statu- tory limitations thereon, moneys in said Bond and Interest Redemption Fund may be used for the redemption of bonds. 3. Replacement Fund. Out of the remaining revenues in the Receiving Fund, there shalt be next set aside in equal quarterly installments in a fund to be designated "Replacement Fund," a sum not less than $1,000 per year commencing with the fiscal year beginning January 1, 1961, until such fund shall reach at least $5,000.00, to build up a reserve for any replacements to the system which may become necessary from time to time. Whenever moneys shall be used from said fund to make such replacements, the amount taken from said fund shall be restored as soon as possible thereafter. 4. Improvement Fund. Out of the remaining revenues in the Receiving Fund, there may be set -aside in any quarter, after meeting the requirements for the foregoing funds for such quarter, in a fund to be designated "Improvement Fund," such sum as the board of public works may deem advisable, to be used for improvements, enlargements, extensions and repairs to the system. 104 Supervisors Minutes Continued. November 2, 1900 5. Surplus Fund. Revenues remaining in saJA Receiving Fund at the end of any fiscal year after ail. periodical transfers have been made therefrom as above required, shall be deemed. to be surplus and may be left in the Receiving Fnnd or iii y be transferred. to a fund to he designated. "Surplus Fund." Moneys in said Surplus Fund from time to time way be transferred to one or more of the foregoing funds or may be used for any purpose pertaining to the system; Provided, however, that if at any time there shall. exist any default in nuAing any periodical transfer to any of the above mentioned funds, then such de taut. shall he rectified so far as possible by the transfer of moneys from said Surplus Fund. If any such default shall. exist as to more than one fund at any one time then such transfers shall he made in the order in which such funds are listed above. NO disbursements shall be made from said Receiving Fund except to the special funds as above • provided. Section ile In the event that moneys in the Receiving Fund are insufficient to provide for the current requirements of the Operation and maintenance Fund or the Bond and Interest Redemption Fund, any moneys and/or securities in other funds of the system shall. be transferred, first, to the Operation and Maintenance Fund, and second, to the Bond and Interest Redemption Fund, to the extent of any deficits therein. Any amount so transferred from the Replacement Fund shall. be replaced as soon as possible. Section 12. All moneys in the several funds of the system except these in the Bond and interest Redemption Fund, shall be deposited with the Community National. Bank in the City of Pontiac, Michigan. All moneys from time to time in the Bond and interest Redemption Fund shall be kept on hand with the bank or trust company at which the principal and interest on the herein authorized bonds are currently payable. The moneys in the Receiving Fund, in the Operation. and Maintenance Fund and in the Bond and Interest Redemp- tion Fund, shall each be kept in a separate depository account. Moneys in the Bond and Interest Redemption Fund, over and above those being accumulated for the payment of the next maturing principal and interest, and moneys in any other fund except the Receiving Fluid and the Operation and Maintenance Fund, may be invested in United States Government obligations. In the event of any such investment, the securities representing the same shall be kept on deposit with the bank or trust company having the deposit of the fluid from which such purchase was made and the income the shall become a part of such fund. Section 13. The county hereby covenants and agrees with the holder or holders, from time to time, of the bonds herein proposed to be issued, that it will punctually perform all duties with reference to the system and said bonds required by the constitution and laws of the State of Michigan and by this ordinance; that it will not sell, lease, mortgage or in any manner dispose of the system or any substantial part thereof, until all bonds payable from the revenues thereof shall have been paid in full; and that it will not permit any person, firm or corporation to compete with it in the furnishing of sewage disposal services to the portions of the Townships of Avon and Pontiac within the M.S.U.-Oakland Sewage Disposal District. Said county further covenants and agrees with the holders of said bonds that it will maintain said system in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any of said bonds are outstanding; that it will maintain insurance on the system for the benefit of the holders of said bonds in an amount which usually would be carried by private companies engaged in a similar type of business; that it will prepare, keep and file such records, statements and accounts as may be required by Act No. 94, Michigan Public Acts of 1933, as now or hereafter amended; that it will secure an annual audit of the system certified to by a certified public accountant, within 90 days after the 'close of each fiscal year; and that it will furnish a copy of the aforementioned audit and of the 'annual statement which it is required to file with the Municipal Finance Commission, to any bondholder upon payment of the actual cost of such copy -. Any such audit shall be in such reasonable detail as will present the full. financial condition of the system to the holders of bonds and shall. include auditor's comments on the manner in Which the system's management has complied with the provisions of this ordinance in respect to the several.. funds of the system. Section 14. While any of the bonds herein authorized to be issued shall be outstanding no additional bonds payable from the revenues of the system shall be issued which shall have a prior or equal standing therewith, except as hereinafter provided. The county shall have the right to issue additional bonds payable from the net revenues of the system for the purpose of improving, enlarging and/or extending the system, which: bonds when issued shall have equal, standing with the bonds authorized in this ordinance: Provided, that no such additional bonds of equal standing shall be issued in excess of $350,000 of which no more than $150,000 shall be issued prior to January I, 1970; and Provided further, that no such additional bonds of equal standing shall he issued unless the estimated net revenues to be derived from saiA system in each future fiscal year shall be equal to 125% of the amount of principal and interest maturing in such fiscal year on the bonds then outstanding payable from the revenues of the system and on such additional bonds then being issued- Such additional net revennes shall be estimated by a registered professional engineer who shall. he selected. by the Oakland County Board of Public Works but Who shall not be a regular officer or employee of the county. The selection of such person shall be subject to disapproval by the Municipal Finance Commission. No such additional bonds shall be issued if the county shall then be in default in making any - payments to the operation and maintenance fund or to the bond and interest redemption fluid. Permission by the Minlicipal Finance Commission of the State of Michigan (or such other state commission or agency - as shall. have jurisdiction over the issuance of municipal bonds) to issue such additional bonds shall constitute a concinsive presumption of the existence of conditions permitting the issuance thereof. Section 15. The bonds and attached coupons herein. authorized. to he issued, shall be substantially in the following form, to-wit; 105 Supervisors Minutes Continued. November 2, lq(A) UNITED STAJES or AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND NUmber $1,000 M.S.U.-OAKIAND SEWAGE DISPOSAL SYSTEM REVENUE REFUNDING BOND KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland in the State of Michirn, hereby aclulowledges 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 ONE THOUSNNP DOLLARS on the first day of January, A.B. 19 , and to pay interest thereon at the rate of four and one-half (4-1/2) per centum per annum from the date hereof until paid, said interest being payable on January 1, 1961 and thereafter scud -annually on the first days of :January and Judy in each year, which principal and interest are to be paid solely out of the revenues hereinafter specified. Both principal and interest are payable in lawful money of the United States of America at the Community National Bank in the City of Pontiac, Michigan, upon presentation and surrender of this bond and the coupons hereto attached as they severally nature. This bond is one of a series of bonds of like date and tenor except as to maturity, numbered consecutively in the direct order of their maturities from 1 to 360, both inclusive, aggregating the principal sum of Three Hundred Sixty Thousand. Dollars ($060,000), issued by said County of Oakland under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan (especially Act No. 1S5 of the Michigan Public Acts of 1957, as amended, and Act No. 94 of the Michigan Public Acts of 1933, as amended), and Ordinance No. duly adopted by the Board of Supervisors of said county on the day of , 19 , for the purpose of refunding a like principal amount of M,S.U.-Oakland Sewage Disposal System Revenue Bonds, dated November 2, 1959. This bond is a self-liquidating revenue bond, is not a general obligation of said county, and does not constitute an indebtedness of the said county, within any constitutional or statutory limitation. The principal of and interest on the bonds of this series are payable solely from the revenues, of the Oakland Sewage Disposal System (including future improvements, enlargements and extensions thereof) remain- ing after deducting the reasonable expenses of the administration, operation and Maintenance of said system and the payment of both the principal of and interest on said bonds and on any additional bonds of equal standing therewith which may be issued pursuant to the terms of said Ordinance No. , is secured by a statutory first lien on such net 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 par value thereof and accrued. interest- 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 nail addressed to the registered holder thereof at the address shown on the bond registration books of the Board of County Auditors of said county, 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 paying agent to redeem the same. The County of Oakland hereby covenants and agrees that at all times while any of the bends of this issue shall be outstanding, it will maintain SWII rates for services furnished by said M.S.B.-Oakland Sewage Disposal. System as shall be sufficient to provide for the payment of the expenses of administration and operation of said 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 sane become due and payable; and to provide for such other expenditures and funds for said system as are required by said ordinance. Rates shall be fixed and revised from time to time by the Board 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 regis- tration 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 he 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 tine, form and manner as required by law. IN WJTNESS WHEREOF, the County of Oakland, Michigan, by its Board of Supervisors has caused this bond to be signed in its name by the Chairnan of said Board of Supervisors and by the County Clerk, and its Corporate seal to be affixed hereto, and has caused the annexed interest coupons to he executed with the facsimile signatures of said Chairman and County Clerk, all as of the first day of November, A.D. 1960. COUNTY OF OAKLAND By Chairman of the County Board of Supervisors Hy County Clerk Daniel T. Murphy, Jr. Clerk Delos Hamlin Chairman 106 Supervisors Minutes Contiiitted. November 2, 1.900 (COUPON) Number_ On the day of , A. P. 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 liaa, in the City of Pontiac, Michigan, same being the interest due on that day on its M.S.U.-Oakland Sewage Disposal System Revenue Refunding Pond No. , dated November 1, 1900. 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 In Whose Name Registered Date of Registration. Chairman of the County Hoard of Supervisors Signature of a Member of the Oakland' County Beard of Auditors Section 16. The said M.S.U.-Oakiand Sewage Disposal System Revenue Refunding Bonds shall not be issued and exchanged until the Municipal Finance Comnission of the State of Michigan has approved such issuance, and the director of public works is hereby authorized and directed to make application to said commission for such approval. The board of public works is hereby authorized to do all things necessary to effect the issuance and exchange of said bonds subject to the provisions of this ordinance. Section 17. The period of usefulness of the existing M.S.U.-Oakiand Sewage Disposal System is hereby estimated to be 30 years and upwards. Section 18. This ordinance shall be recorded in the minutes of the meeting of the board of supervisors at which it was adopted, as soon as practicable after its passage, which record shall be authenticated by the signatures of the chairman 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 immediately upon its adoption. Section 19. 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 20. All ordinances and resolutions or parts thereof, insofar as the same may he in conflict herewith, are hereby repealed. Chairman of County Board of Supervisors Moved by Cheyz supported by Cummings the Board adjourn subject to the call of the Chair. A sufficient majority having voted therefor, the motion carried.