HomeMy WebLinkAboutMinutes - 1991.02.28 - 8121I
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OAKLAND COUNTY
Board Of Commissioners
MEETING
February 28, 1991
Meeting called to order at 9:40 A.M. by Chairperson Roy Rewold in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Caddell Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law,
McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold,
Serra, Skarritt, Wolf. (24)
ABSENT: (with notice) Bishop, Palmer, Schmid. (3)
Quorum present.
Invocation given by Commissioner Donna Huntoun.
Pledge of Allegiance to the Flag.
Moved by Pappageorge supported by Olsen the minutes of the February 14, 1991 meeting be
approved as printed.
A sufficient majority having voted therefor, the minutes were approved as printed.
Moved by Pappageorge supported by Pernick the agenda be approved as presented.
A sufficient majority having voted therefor, the agenda was approved.
Clerk read letter from Chairperson Rewold announcing the appointments of John G.
Pappageorge and Kay Schmid to serve on the Youth Assistance Coordinating Council. (Received and
filed)
Clerk read letter from County Executive Daniel T. Murphy announcing the appointment of
Joseph D. Joachim to serve as Executive Officer - Administration, replacing Patrick Nowak.
(Received and filed)
Clerk read letter from County Executive Daniel T. Murphy submitting the name of Jacob
(Jack) Driker as the new Director of the DePartment of Community and Economic Development, effective
February 25, 1991. (Referred to General Government Committee.)
Chairperson Roy Rewold, and Vice Chairperson Nancy McConnell, accompanied by the Chair-
persons of the Finance, General Government, Personnel, Planning and Building and Public Services
Cemmittees presented "1991-92 Objectives of the Board".
The following persons addressed the Board: Rita Marston, Marilynn Burton-Ristau, Laurie
Eaton.
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Misc. 91028
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION TO BORROW AGAINST DELIQUENT 1990 TAXES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies ana Gentlemen:
WHEREAS ad valorem real property taxes are imposed by the County and the local taxing
units within the County on July 1 and/or December 1 of each year; and
WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the
year following assessment, at which time they are returned delinquent to the County's treasurer (the
"Treasurer"); and
WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax
administration fees that would otherwide be payable to the local taxing units within the County; and
WHEREAS the statutes of the State of Michigan authorize the County to establish a fund, in
whole or in part from borrowed proceeds, to pay local taxing units within the County their
respective shares of delinquent ad valorem real property taxes, in anticipatipn of the collection of
those taxes by the Treasurer; and
WHEREAS the County Board of Commissioners the "Board") has adopted a resolution
authorizing the County's Oelinquent Tax Revolving Fund, pursuant to Section Bib of Act No. 206,
Michigan Public Acts of 1893, as amended ("Act 206");, and
WHEREAS such fund has been established to provide a source of monies from which the
Treasurer may pay any or all delinquent ad valorem real property taxes that are due the County, and
any city, township, school district, intermediate school district, community college district,
special assessment district, drainage district, or other political unit within the geographical
boundaries of the County participating in the County's Revolving Fund program pursuant to Act 205
("local units")' and
WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to
make such payments with respect to delinquent ad valorem real property taxes (including the praperty
tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 1990 to the
Cuunty and the local units (collectively, the "taxing units") that will have remained unpaid 09
March 1, 1991 (the "Delinquent Taxes"); and
WHEREAS tne Board has determined that in order to raise sufficient monies to adequately
fund the Revolving Fund the County must issue its 1991 General Obligation Limited Tax Notes, in one
or more series, in accordance with Sections 87c, 67d, 87e, 87f, 87g and 89 of Act 206 and on the
terms and conditions set forth below.
NOW THEREFORE IT IS RESOLVED BY THE BOARD AS FOLLOWS:
GENERAL PROVISIONS
101, Establishment of 1991 Revolving Fund. In anticipation of the program addressed in
this Resolution and in accordance with Act 206, the County hereby establishes a 1991 Delinquent Tax
Revolving Fund (the "Revolving Fund"), as a separate and segregated fund within the existing
Delinquent Tax Revolving Fund of the County previously established by the Board pursuant to Section
Bib of Act 206.
102. Issuance of Notes. The County shall issue its 1991 General Obligation Limited Tax
Notes in one or more series cthe 'Notes"), in accordance with this Resolution and Sections 87c, 87d,
87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent Taxes and/or from
the other sources specified below.
103. Aggregate Amount of Notes,
ca) The Notes shall be issued in an aggregate amount to be determined by the
Treasurer in accordance with this Section.
(b) The aggregate amount of the Notes shall not be less than the amount by which
the actual or estimated Delinquent Taxes exceeds (i) the County's participating share of Delinquent
Taxes and (ii) any sums otherwise available to fund the Tax Payment Account established under
Section 702 (including any monies held in respect of Section 704(c)).
(cl The aggregate amount of the Notes shall not be greater than the sum of (i) the
actual amount of the Delinquent Taxes pledged to the payment of debt service on the Notes, plus (ii)
the amount determined by the Treasurer to be allocated to a reserve fund. Original proceeds of the
Notes devoted to a reserve fund shall not exceed the lesser of (A) the amount reasonably required
for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (C) the
maximum amount of annual debt service on such Notes. or (0) 125% of average annual debt service on
such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by
written order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be
funded by the issuance of the Notes, has been estimated or determined, and (ii) the amount of the
reasonably required reserve fund has been calculated. Delinquent Taxes shall be estimated based on
delinquencies experienced during the past three fiscal years and on demographic and economic data
relevant to the current tax year, and snail be determined based on certification from each of the
taxing units. The amount of the reasonably required reserve fund shall be calculatea pursuant to
such analyses and certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received
certification from the taxing units of the amount of the Delinquent Taxes and if such certification
is not reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20
days after the date of issue, the proceeds of the Notes shall be deposited in the County's 1991
Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 1991
Tax Payment Account, 1991 Note Reserve Account and/or 1991 Note Payment Account, subject to and in
accordance with Article VII. If the Notes are issued and sold on or after such time, tne proceeds
of the Notes shall be deposited directly into the County's 1991 Tax Payment Account, 1991 Note
Reserve Account and/or 1991 Note Payment Account, as provided in Article VII.
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FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written order, Notes may
be issued in accoreance with this Article Ii. All reference to "Notes" in Article II refers only to
Notes issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date
specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured
in accordance with subsections (a) or (b) below, as determined by the Treasurer pursuant to written
orcer.
la) The first maturity of the Notes or of a series of the Notes shall be determineo
by the Treasurer pursuant to written order, but shall not be later than one year after the date of
issue. Later maturities of the Notes shall be on the first anniversary of the preceding maturity or
on such earlier date as the Treasurer may specify by written order. The Notes shall be structured
with the number of maturities determined by the Treasurer to be necessary or appropriate, and the
last maturity shall be scheduled for no later than the fourth anniversary of the date of issue. The
amount of each maturity shall be set by the Treasurer when the amount of Delinquent Taxes is
determined by the Treasurer or when a reliable estimate of the Delinquent Taxes is available to the
Treasurer. In determining the exact amount of each maturity the Treasurer shall consider the
schedule of delinquent tax collections prepared for the tax years 1986, 1987, 1988, 1989 and, if
available, 1990, and the corollary schedule setting forth the anticipated rate of collection of
those Delinquent Taxes which are pledged to the repayment of the Notes. The amuunt of each maturity
and the scheduled maturity dates of the Notes shall be established to take into account the dates on
which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall allow
for no more than a 10% variance between the debt service payaele on each maturity date. The Notes,
and the anticipated amount of pledged monies available on such maturity date to make payment of such
debt service.
(b) Alternatively, the Notes or a series of the Notes may be structured with a
single stated maturity falling not later than the fourth anniversary of the date of issue. Notes
issued under this subsection (b) shall be subject to redemption on suce terms consistent with
Section 209 as shall be ordered by the Treasurer, but in no event shall such Notes be subject to
redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph. Notes issued pursuant to
subsection (a) of Section 203 shall bear interest payable semi-annually, with the first interest
payment to be payable (i) on the first date, after issuance, corresponding to the day and month on
which the maturity of such Notes falls or (ii) if the Treasurer so orders, six months before such
date. In the event (i) any maturity of the Notes arises either less than six months before the
succeeding maturity date or less than six months after the preceding maturity date and (ii) the
Treasurer so orders in writing, interest on the Notes shall be payable on such succeeding or
preceding maturity Cate. Subject to the following sentence, Notes issued pursuant to subsection (b)
of Section 203 shall, pursuant to written order of the Treasurer, bear interest monthly, quarterly
or semiannually, as provided by written order of the Treasurer. If Notes issued under this Article
II are sold with a variable rate feature as provided in Article IV, such Notes may, pursuant to
written order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date. or any
combination of the foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each
Note as of the applicable date of record, provided, however, that the Treasurer may agree with the
Registrar (as defined below) on a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of record
shall be not fewer than 14 nor more than 31 days before the date of payment, as designated by the
Treasurer prior to the sale of the Notes.
205. Note Form, The form of Note shall be consistent with the prescriptions of this
Resolution and snail- reflect all material terms of the Notes. Unless the Treasurer shall by written
order specify tee contrary, the Notes shall be issued in fully registered form both as to principal
and interest, registrable upon the books of a note registrar (the "Registrar") to be named by the
Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying agent ltne
"Paying Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other
entity, including the County, offering the necessary services pertaining to the registration and
transfer of negotiable securities.)
He. Denominations and Numbers. The Notes shall be issued in one or more denomination or
denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as aetermined
by tie Treasurer. Notwithstancing the foregoing, however, in the event the Notes are deposited
under a book entry depository trust arrangement pursuant to Section 208, the Notes shall, if
reeuired by the depository trustee, be issued in denominations of $5,000 each or any integral
multiple of $5,00C, The Notes shall be numbered from one upwards, regardless of maturity, in such
order as tne Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferrable on a note register
maintained with respect to the Notes upon surrender of the transferred Note, together with an
assignment executed by the registered owner or his or her duly authorized attorney-in-fact in form
satisfactory to the Registrar. Upon receipt of a properly assigned Note the Registrar shafl
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Commissioners Minutes Continued. February 28, 1991
authenticate and deliver a new Note or Notes in equal aggregate principal amount and like interest
rate and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same
interest rate and maturity in authorized Cenominations aggregating the same principal amount as the
Note or Notes being exc1anged, upon surrender of the Note or Notes and the submission of written
instructions to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon receipt of
a Note with proper written instructions the Registrar or Paying Agent shall authenticate and deliver
a new Note or Notes to the owner thereof or to owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such
registration, transfer or exchange shall be paid for by the County as an expense of borrowing,
unless otherwise agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying
Agent may, however, require payment by a noteholder of a sum sufficient to cover any tax or other
governmental charge payable in connection witn any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer and notwithstanding any
contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a
depository trustee designated by the Treasurer who shall transfer ownership of interests in the
Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of
interests in the Notes. Such bock entry depository trust arrangement, and the form of depository
trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with
the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on
behalf of tie County upon such tens and conditions as the Treasurer shall deem appropriate and net
otherwise prohibited by the terms of this Resoluticn. The depository trustee may be the same as the
Registrar otnerwise named by the Treasurer, and the Notes may be transferred in part by depository
trust one in part by transfer of physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to subsection ;c) of
this Section (in the case of fixed rate Notes) and to the authority granted the Treasurer aursuant
to Section 404 (in the case of variable rate Notes), the Notes or any maturity or maturities of the
Notes shall be subject to redemption prior to maturity on the terms set forth in subsection (b)
below.
(bl Notes scheduled to mature after the first date on which any Notes of the series
are scheduled to mature shall be subject to redemption, in inverse order of maturity, on each
interest payment date arising after the Cate of issue.
(c) If the Treasurer shall determine such action necessary to enhance the
marketability of the Notes or to reduce the interest rate to be offered by perspective purchasers on
any maturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes,
(i) designate some or all of the Notes as non-callable, regardless of their maturity date, ant/or
(ii) delay the first date on wnich the redemption of callable Notes would otherwise be authorized
under subsection (b) above.
(d) Notes of any maturity subject to reaemption may be redeemed before their
scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to
the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus
accrued interest to the redemption date, plus, if the Treasurer so orders, a premium of not more
than 1%. Redemption may be made by lot or pro rata, as shall be determined by the Treasurer.
(e) With respect to partial redemptions, any portion of a Note outstanding in a
denomination larger than the minimum authorized denomination may be redeemed, provided such portion
as well as the amount not being redeemed constitute authorized denominations. In the event less
than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent
shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new
Note in the principal amount of the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior to the date
fixed for redemption, or such shorter time prior to the date fixed for redemption as may be
consented to by tie holders of all outstanding Notes to be called for redemption. Such notice shalT
fix the date of record with respect to the redemption if different than otaerwise provided in this
Resolution. Any defect in any notice shall not affect tne validity of the redemption proceedings.
Notes so called for recemption shall not Dear interest after the date tiaed for redemption, provided
funds are on hand with a paying agent to redeem the same.
210. Discount. At the Option of the Treasurer, the Notes may be offered for sale at a
discount not to exceed Z.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a
public sale of the Notes after which sale the Treasurer shall either award the Notes to tie lowest
bidder or reject all bids. The conditions of sale shar be as specified in a published Notice of
Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering.
Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes
as provided in Act 206. If required by law or if otherwise determined by the Treasurer to be in the
best interest of the County, (a) the Notes shall be rated by a national rating agency selected by
the Treasurer, (b) a good faith deposit shall be required of tie winning bidder, and/or (c) CUS1P
numbers shall be assigned to tne Notes. If a public sale is conducted or if otherwise required by
law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared and
disseminated an offering memorandum or official statement containing all material terms of the offer
and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall
solicit such information and shall obtain such governmental approvals as shall be required pursuant
to any state or federal law resoectine back-up income tax withholding, securities regulation,
original issue discount or other regulated matter.
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212. Execution and Delivery. The Treasurer is authorized and directed to execute the
Notes on behalf of the County by manual or facsimile signature, provided that if the facsimile
signature is used the Notes shall be authenticated by the Registrar or any teeder agent as may be
appointed pursuant to Section 80)ec), The Notes shall be sealed with the County seal. or imprinted
with a facsimile of such seal. The Treasurer is authorized and directed to then deliver the Notes
to the purchaser thereof upon receipt of the purchase price. The Notes shall be delivered at the
expense of the County in such city or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding .Notes, If at any time it appears to be in
the best interests of thr-Couy, the Treasurer, by written order, may authorize the issuance of
renewal, refunding or advance refunding Notes. The terms of such Notes, and the procedures
incidental to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article
X.
SNORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written order, Notes may
be issued in accordance with this Article III. Al', references to "Notes" in Article III refer only
to Notes issued pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any
prior date selected by the Treasurer and each issuance thereof shall mature on such date or dates
not exceeding one year from the date of their issuance as may be specified by written order of the
Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable at maturity at
such rate or rates as may be determined by the Treasurer not exceeding the maximum rate of interest
permitted by law on the date the Notes are issued. The date of record shall be not fewer than two
nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale
of the Notes.
304. Note Form. The form of Note shall be consistent with the prescriptions of this
Resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion of
the Treasurer and consistent with Section 205, either be payable to bearer or be issued in
registered form. If issued in registered form, the Notes may be constituted as book-entry
securities consistent with Section 208, notwithstanding any contrary provision of Section 308.
305. Denomination and Numbers. The Notes shall be issued in one or more eenomination or
denominations, as determined by the Treasurer. The Notes shall be numbered from one upwarcs, in
such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections
210 and 211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the Treasurer set forth in
Section 212 respectine Fixed Maturity Notes shall also apply to Rotes issued under Article III. .
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of renewal or
refunding Notes (collectively, "Renewal Notes"). Renewal Notes shall be sold on the maturity date
of, and the proceeds of the Renewal Notes shall be applied to the payment of debt service on. Notes
to be renewed. The maturities and repayment terms of the Renewal Notes shall be set by written
order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the
Notes shall be issued in accordance with this Article Ill, in which event the provisions of Article
III shall govern the issuance of the Notes, or whether the Notes shall be issued in accordance with
Article II, in which event the pruvisions of Article Ii shall govern the issuance of the Notes. The
order shall also provide for and shall also govern with respect to:
(i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes:
(vii) whether any Renewal Notes issued in accordance with Article II shall be
subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but not specified in,
Article II or Article :II.
(c) Regardless of whether Renewal Notes need be approved by prior order of the
Department of Treasury, the Treasurer, pursuart to Section 89(5)(d) of Act 206 shall promptly
report to the Department of Treasury the issuance of any Renewal Notes
IV.
VARIABLE INTeREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by written order,
the Notes, whether issued pursuant to Article II or Article 111, may be issued with a variable
interest rate, provided that the rate shall not exceed the maximum rate of interest permitted by
law.
4e2. Determination of Rate. The order of the Treasurer shall provide how often the
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variable interest rate shall be Subject to recalculation, the formula or procedure for determining
the variaFe interest rate, whether and on what terms the rate shall be determined by a remarketing
agent in the case of demand ob0.igations consistert with Section 801(d), and whether and on wnat
terms a fixed rate of interest may be converted to or from a variable rate of interest. Such
formula or procedure shall be as determined by the Treasurer but shall track, or float within a
specified percentage band around, the rates generated by any one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of
America;
(ii) An index of municipal obligations periodically reported by a nationally
recognized source;
'iii) The prime lending rate from time to time set by any bank or trust company in
the United States with unimpaired capital and surplus exceeding $40,000,000;
(iv) Any other rate or incex that may be designated by order of the Treasurer
provided such rate or index is set or reported by a source which is independent of and not
controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the above indices as
alternatives or may involve the setting of the rate by a municipal bond specialist provided sucn
rate shall be within a statee percentage ranse of one or more of the indices set forth above.
403. Date of Record. The Date of Record snail be not fewer than one nor more than 31
days before the date of payment, as Cesignated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of
Section 209 eut subject to the last sentence of this Section 404, Notes bearing interest at a
variable rate may be subject to redemption by the County and/or put by the holder at any time or
times and in any order, as may be determined pursuant to written order of the Treasurer. Notes
shall not be subject to redeMption mere frequently than monthly.
405. Remarketipe, Repurchase and Resale.
(a) In--the event Notes issuee unCer this Article IV are constituted as demand
obligations, the interest rate on the Notes snail be governed by, and shall be subject to,
remarketing by a remarketing agent appointed in accordance with Section 801(c), under the terms of a
put agreement employed in accordance with Section 801(d).
(le) The County shall be authorized, consistent with Act 206 and pursuant to order
of the Treasurer, to participate in the repurchase and resale of Notes, in order to reduce the cost
of, or increase the revenue, attendant to the establishment of the Revolving Fund anC the issuance
and discharge of the Notes. Any purchase of Notes pursuant to this subsection (b) shall be mace
with unpledged monies orawn from revolvine funds established by the County in connection with
retiree general obligation limited tax notes.
V,
MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer, exercisable by written
order, the Notes may be issued in two or more individually designated series. Each series seen
bear its own rate of interest, which may be fixed or variable in accordance with Article :V.
Various series need not be issued at the same time and may be issued from time to time in the
discretioe of the Treasurer exercisable ey written order. In determining the dates of issuance of
the respective series the Treasurer shall consider, among other pertinent factors, the impact the
dates selectee may have on the marketability rating and/Or qualification for credit support or
liquidity supert for, or insurance of, the Notes. The Notes of each such series shall be issued
according to this Resolution in all respectsand the term "Notes" shall be deemed to incluee each
series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall rot exceed the
maximum aggregate amount Permitted under Section 103;
(b) Each series shall be issued pursuant to Article II or Article Ill, and
different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or Section 503, and
different series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or three of the annual
maturities set forth in Article II witn the balance of the annual maturities being issued under
Article II or under Article III in one or more other series, provided that the minimum annual
maturities set forth in Section 203 shall be reduced and applied pro rata to all Notes so issueC;
and
(e) The Notes of all series issued pursuant to Article II nOve snail not, in
aggregate, mature in amounts or on dateS exceeding the maximum authorized maturities Set forth in
Section 203.
502. Series Secured Peri Passe. If the Notes are issued in multiple series pursuant to
this Article V, each series of Notes may, by written order of the Treasurer, be secured pan i passu
with the otner by the security described in and the amounts pledged by Article VII below. Moreover,
sues' security may, pursuant to further order of the Treasurer, be segregated in accordance with the
following provisions.
(a) The Treasurer may by written order establish separate sub-accounts in the
County's 1390 Note Reserve Account fur each series cf Notes, into which shall be deposited the
amount borrowed for the Note Reserve Account for each such series.
(b) The Treasurer may be written order establish separate sub-accounts in tee
eounty's 1991 Note Payment Account for each series of Notes, and all amounts deposited in the Note
Payment Account shall be allocated to the sub-accounts.
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(c)(i) In the event separate sub -accOunts are established pursuant to subsection (b)
above, and subject to Paragraph (ii) below, the percentage of deposits to the County's 1991 Note
Payment Account allecatet to each sub-account may be set equal to the percentage that Notes issued
in the corresponding series bears to all Notes issued under tris Resolution or to any other
percentage designated by the Treasurer pursuant to written order; provided that if the various
series are issued at different times or if the various series are structured with different maturity
dates, (I) sums deposited in the Note Payment Account prior to the issuance of one or more series
may upon the issuance of each such series be reallocated among the various sub -accounts established
under Subsection las) above to achieve a balance among the sub-accounts proportionate to the
designated percentage allocation end/or (II) deposits to the Note Payment Account may be allocated
among the sub-accounts according to the total amount of debt service that will actually be paid from
the respective sub-accounts.
(ii) Alternatively, the Treasurer nay, by written order, rank the sup-accounts
established under Subsection (b) above in order of priority, and specify that each such sub-account
shall receive deposits only after all sub-accounts having a higher priority have received deposits
sufficient to discharge all (or any specified percentage of) Notes whose series corresponds to any
of the sub-accounts having priority.
(d) In the absence of a written orcer of the Treasurer to the contrary, the amounts
in each sub -account established pursuant to this Section 502 shall secure only the Notes issued in
the series for which such sub-account was established, until such Notes end interest on such Notes
are paid in full, after which the amounts in such sub-account ray, pursuant to written order of the
Treasurer, be added pro rata to the amounts in the other sub-accounts and thereafter used as part of
such other sub-accounts to secure all Notes and interest on such Notes for which such other
sub-accounts were created, until paid in full. Alternatively. amounts held in two or more
sub-accounts within either the Note Reserve Account or the Note Payment Account may be commingled,
and if commingled shall be held pari passu for the benefit of the holders of each series of Notes
pertaining to the relevant sub-accounts.
503. Series Independently Secured. If the Notes are issued in multiple series pursuant
to this Art.icle Y --e -Ct series of Notes may. by written order of the Treasurer, be independently
secured in accordance with this Section 503.
(a.; Each series of Notes shall pertain to one or more taxing units, as designated
by the Treasurer pursuant to written order, and no two series of Notes shall pertain to the same
taxing unit, A school district, intermediate schcol district or community college district
extending beyond the boundaries of a city in which it is located may, pursuant to written order of
the TreaSurer, be subdivided along the boundaries of one or more cities and each such subdivision
shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub -accounts shall be established in the County's 1991 Tax Payment
Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and
amounts shall be disbursed from the sub-account to only those taxing units designated as being in
that series
(c) In the event Notes are issued for deposit into the Project Account established
under Section 701, separate sub-accounts shall be established in the Project Account. Each
sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be
disbursed from the sub-account only to accounts, sub-accounts and/or taxing units designated as
being in the series corresponding to the sub-account from which disbursement is being mate.
Id) A separate sub-account shall be established in the County's 1991 Note Reserve
Account for each series of Notes, into which shall be deposited the amount determined by the
Treasurer under Section 103 or Section 703 with respect to the series. Each sub-account shall
secure one and only one series.
(e) A separate sub-account shall be established in the County's 1991 Note Payment
Account for each series of Notes. Each sub-account shall be allocated only those amounts Cescribed
in Section 704 which pertain to the taxing units included in the series corresponding to the
sub-account. Chargebacks received from a taxing unit pursuant to Section 905 shall be deposited in
the sub-account corresponding to the series in which the taxing unit is included. Amounts held in
each sub-account shall secure the debt represented by only those Notes included in the series
corresponding to the sub-account, and disbursements from each sub-account may be applied toward the
payment of only those Notes included in the series corresponding to the sub-account.
(f) The amounts in each sub-account established pursuant to this Section 503 shall
secure only the Notes issued in the series for which such sub-account was established, until such
Notes and interest or such Notes are paid in full, after which any amounts remaining in such
sub -account shall acrue to the County and shall no longer be pledged toward payment of the Notes.
VI.
TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of Federal law mandates
that the Notes be structured as taxable obligations. Consequently, the Notes shall, subject to
Article X, be issued as obligations the interest on which is not excluded from gross income for
purposes of Federal income tax.
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Commissioners Minutes Continued, February 28, 1991
602. State of Michigan Tax. Consistent with the treatment accorded all obligations
issued pursuant to Act 206, interest an the Notes shall be exempt from the imposition of the
State of Michigan income tax and the State of Michigan single business tax, and the Notes shall
not be subject to the State of Michigan intangibles tax.
VII.
FUNDS AND SECURITY
701. Delinquent Tax Project Account. If the Notes are issued and sold before the
Treasurer has received certification from the taxing units of the amount of the 0elinquent Taxes and
if such certification is not reasonably anticipated in time to allow distribution of the proceeds of
the Notes within 20 days after the date of issue, a 1991 Delinquent Tax Project Account (the
"Project Account") shall be established by the Treasurer as a separate and distinct fund of the
County within its general fund. The Project Account shall receive all proceeds from the sale of
the Notes, including any premium or accrued interest received at the time of sale. The Project
Account shall be held in trust by an escrow agent, until the monies therein are disbursed in
accordance with this Article VII. The escrow agent shall be a commercial bank, seall be located in
Michigan, shall have authority to exercise trust powers, and shall have a net worth in excess of
$25,000,000. The form anc content of the agreement between the County and the escrow agent shall be
approved by the Treasurer. Subject to the following sentence, monies deposited in the Prce,ect
Account shall be expended only (i) for the purpose of funding the Tax Payment Account establisoed
under Section 702 and (ii) to the extent permitted by Act 205, for the purpose of paying the
expenses of the offering of the Notes. In the event the Treasurer by written order so directs,
additional funding of the Project Account may be undertaken, and any surplus proceeds remaining in
the Project Account after the Treasurer has completed the funding of the Tax Payment Account may be
transferred to either the 1991 Note Reserve Account created under Section 703 or the 1991 Note
Payment Account created under Section 704. Monies in the Project Account may be disbursed by the
escrow agent to the County's 1991 Tax Payment Account at any time and from time to timce upon
receipt of a written requisition signed by the Treasurer.
702. 1991 Tax Payment Account, The County's 1991 Tax Payment Account (the "Tax Payment
Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer
shall designate all or a portion of the proceecs of the Notes, not to exceed the amount of
Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the Notes
are initially deposited in the Project Account pursuant to Section 701, the Treasurer is instead
authorized and directed to transfer monies included in the Project Account in accordance with the
procedures set forth in Section 701. The County shall apply the monies in the Tax Payment Account
to the payment of the Delincuent Taxes or expenses of the borrowing in accordance with Act 206. The
allocation of monies from the Tax Payment Account may be made pursuant to a single, comprehensive
eiseursement or may instead be made from time to time, within the time constraints of Act 206, to
particelar taxing units as monies are paid into the Tax Payment Account, such that the source of the
monies (whether from the County's own funds, from the proceeds of a tax exempt borrowing or from the
proceeds of a taxable borrowing) may be traced to the particular taxing unit receiving the funds.
Moreover, and regardless of whether multiple series of Notes are issued, the Tax Payment Account may
be divided into separate sub-accounts in order to allow the Treasurer to designate which taxire
units shall receive borrowed funds and which shall receive fends otherwise contributed by the
County.
703. 1991 Note Reserve Account. In the event funding is provided as described in this
Section 703, the Treasurer shall establish a 1991 Note Reserve Account (the "Note Reserve Account")
as a distinct account within the Revolving Fund. After depositing all of the monies to fund the Tax
Payment Account pursuant to Section 702, the Treasurer shall next transfer to the Note Reserve
Account, either from the Project Account or directly from the proceeds of Notes, any proceeds
remaining from the initial issuance of the Notes. ln addition, the Treasurer may transfer unpledged
monies from other County sources to the Note Reserve Account in an amount which, when added to any
other amounts to be deposited in the Note Reserve Account, does not exceed the amount reasonably
required for tee Notes secured by the Reserve Account or, if less, 20% of the total amount of the
Notes secured by the Reserve Account. Except as provided below, all monies in the Note Reserve
Account shall be used solely for payment of principal of, premium, if any, and interest on the Notes
to tie extent that monies required fOr such payment are not available in the County's 1991 Note
Payment Account. Monies in the Note Reserve Account shall be withdrawn first for payment of
principal of, premiun, if any, and interest on the Notes before County general funds are used to
maee the payments. All income or interest earned by, or increment to, the Note Reserve Account due
to its investment or reinvestment shal De ceposited in the Note Reserve Accetint. When the Note
Reserve Aecount is sufficient to retire the Notes and accrued interest thereon, tee Treasurer may
order that the Note Reserve Account be used to purchase the Notes on the market, or, if the Notes
are not available, to retire the Notes when due. If so ordered by the Treasurer, all or any
specified portion of the Note Reserve Account may be applied toward the redemption of any Notes
designated for redemption in accordance with Section 209.
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Commissioners Minutes Continued, February 28, 1991 34
704. 1991 Note Payment Account.
(a) The County's 1.991 Note Payment Account is hereby established as a distinct
account within tne Revolving Fund. (The County's 1991 Note Payment Account, as supplemented by
monies held in any interim account that are designated for transfer to the 1991 Note Payment
Account, is herein referred to as the "Note Payment Account'.) The Treasurer is directed to deposit
into the Note Payment Account, promptly on receipt, those amounts described below in Paragraphs (i),
(ii), (iv), and (v) that are not excluded pursuant to Subsection (c) below. Furthermore, the
Treasurer may, by written order, deposit into the Note Payment Account all or any portion of the
amounts described below in Paragraph (iii).
(i) All Delinquent Taxes.
tii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes, net of any
amounts applied toward the expenses of this borrowing.
(iv) Any amounts that are received by the Treasurer from the taxing units within
the County because of the uncollectability of the Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers to the Tax
Payment Account and Note Reserve Account have been made as specified in Sections 702 and 703.
(0; Monies in the Note Payment Account shall be used by the County to pay principal
of, premium, if any, and interest on the Notes as the same become due and payable,
(c)(1) The Treasurer may by written order provide that only a portion of the sums
described above in Subsection (a) shall be deposited into the Note Payment Account and applied
toward the payment of debt service on the Notes, in which event those sums which are withheld from
the Note Payment Account shall be deposited into the Tax Payment Account or, pursuant to further
orcer of the Treasurer, applied toward any other purpose consistent with Act 206. The portion of
any sums described in Subsection (a) which are withheld from the Note Payment Account pursuant to
this Subsection shall be determined in accordance with the following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by written order specify
a cut-off date not earlier than March 1, 1591, and only those sums payable to the Note Payment
Account and received by the County after the cut-off date shall be applied to the Note Payment
Account.
(d) The Treasurer may by written order provide that at such time as sufficient
funds shall have been deposited into the Note Payment Account to pay all remaining amounts °wee
under the Notes the pledge on any additional monies otherwise payable to the Note Payment Account
shall be discharged and such monies shall not be deposited into tee Note Payment Account or
otherwise pledged toward payment of the Notes,
(e) The Treasurer may by written order provide that in the event Notes are issued
pursuant to Article III, amounts that would otherwise be included in the Note Payment Account or the
Note Reserve Account (or any sub-account therein for a particular series of Notes) shall not include
any amounts received by the County prior to the latest maturity date of any series of Notes
previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the County's
full faith and credit, the County's tax obligation (within applicable constitutiona) and statutory
limits) and the County's general funds. The County budget shall provide that if the pledged monies
are not collected in sufficient amounts to meet the payments of the principal and interest due on
the Notes, the County, before paying any other budgeted amounts, shall promptly advance from its
general funds sufficient monies to pay such principal and interest.
(b) In addition, the monies listed below are pledged to the repayment of the Notes
and, subject to Section 901 shall be used solely for repayment of the Notes until the principal of,
premium (if any) and interest on the Notes are paid in full:
(ii All amounts deposited or earned in any Proaect Account, until disbursed in
accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned in the Tax
Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the Note Payment
Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and drawn in the
discretion of the Treasurer from unpledeed sums held in respect of revolving funds estaVished
before August 1, 1986, which pledge shall be subject to such limitations or exceptions as shall be
set forth in the written order of the Treasurer.
(c) If the Notes shall be issued in various series pursuant to Article V, this
pledge shall in the case of any independently secured series extend only to monies in accounts or
sub -accounts pertaining to the particular series.
(d) If the amounts so pledged are not sufficient to pay the principal and interest
when due, the County shall pay the same from its general funds or otner available sources. Pursuant
to written order of the Treasurer, the County may later reimburse itself for such payments from the
Delinquent Taxes collected.
706. Security for Renewal Refunding or Advance Refunding No. • Renewal, refunding or
advance refundlnr-kiii-171717-Ei secured by ail or any portion of the same security securing the
Notes being renewed, refunded or advance refunded. The monies pledged in Section 705 for the
repayment of the Notes are also pledged for the repayment of the principal of, premium, if any, ane
35
Commissioners Minutes Continuee. February 28, 1991
interest on any renewal, refunding or advance refunding Notes issued pursuant to this Resolution,
and any such renewal, refunding or advance refunding Notes shall be the general obligation of the
County, backed by its full faith and credit, which shall include the tax obligation of the County,
within applicable constitutional and statutory limits.
707. Use of Funds after Full Payment or Provisions for Payment. After all principal of,
premium, if amiT—iTir—fAerest on the Notes have been paiTiT7VITOr provision therefor by
investments of pledged amounts in direct noncallable obligations of the United States of America in
amounts and with maturities sufficient to pay all such principal, premium, if any and interest when
due, any further collection of Delinquent Taxes and all excess monies in any fund or account of the
Revolving Fund, and any interest or income or any such amounts, may, pursuant to written order of
tne Treasurer and subject to Article V, be used for any proper purpose within the Revolving Fund,
VIII.
SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of tie County, is
authorized to enter into any or all of the following agreements or commitments as may, in the
Treasurer's discretion, be necessary, desirable or beneficial in connection with the issuance of the
Notes, upon such terms and conditions as the Treasurer may determine appropriate:
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or
similar instrument, Providing backup liquidity and/or credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit note, or
similar instrument, setting forth repayments of and security for amounts drawn under the letter of
credit, line of credit, repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or tender agent
agreement or dealer agreement designating a marketing, remarketing, authenticating, paying, tender
or placement agent or dealer and prescribing the duties of such person or persons with respect to
the Notes; and
(d) A eut agreement or provision al'iowing the purchaser of the Notes to require the
County to repurchase the Notes upon cemand at such times as may be provided in such put agreement or
provision.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement
(the 'Agreement) pursuant to Section 801 above, tee Agreement may call for the issuance of one or
more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part
of maturing Notes or Notes that eave been put pursuant to a put agreement or provision. Such
Revolving Credit Notes shall be issued pursuant to Article 31 or III, as appropriate, and in
accordance with the following provisions:
(a) :nterest on the Revolving Credit Notes may be payable on maturity, on prier
redemption, monthly, bi-monthly, quarterly, or as otherwise provided in the Agreement.
(b) The Revolvine Credit Notes may mature on one or more date or dates not later than
the final maturity date of the Notes, as provided in the Agreement.
(6 The Treasurer may, at the time of the original issuance of tie Notes, execute
and deliver one Revolving Credit Note in a maximum principal amount not exceeding the lending
commitment under the Agreement from time to time in force (and may substitute one such Note in a
lesser principal amount for another in the event the lending commitment is reduced), provided that a
schedule shall be attached to such Nate or which loans and repayments of principal and interest are
evidenced and further provided that the making of a loae and the evidencing of such loan on the
ecnedule of any such Note snail constitute the issuance of a renewal Note for purposes of this
Resolution.
IX.
MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the
property tax administration fees collected on the Delinquent Taxes and, if so ordered by the
Treasurer, from any earnings on the proceeds of the offering or from other monies available to the
County.
902. Application to Department of Treasury. The Treasurer is authorized to make
application to the Department of Treasury on behalf of the County for any order permitting the
County to make this eorrowing and issue the Notes. If the Treasurer deems it appropriate, the
Treasurer is alternatively authorized to apply to the Denartment of Treasury for an exception to
prior approval.
903. Bond Counsel, The Notes (and any renewal, refunding or advance refunding Notes)
shall be delivered with the unqualified opinion of John R. Axe and Associates. which selection of
bond counsel may, at the option of the Treasurer, be for one or more years.
904. Complete Records. The Treasurer shall keep full and complete records of all
deposits to and withdrawals from each of the funds and accounts in the Revolving Fund and any
account or sub -account created pursuant to this Resolution and of all other transactions relating to
such funds, accounts and sub -accounts, inclucing investments of money in, and gain derived from,
such funds and accounts.
905. Chargebacks. If by the date which is three months prior to the final maturity date
of the Notes sufficiert monies are rot on deposit in the Note Payment Accouet and the Note Reserve
Account to pay all principal of and interest on the Notes when due, Delinquent Taxes not teen paid
or recovered at or prior to the latest tax sale transacted two or more months before the final
maturity of the Notes shall, if necessary to ensure full and timely payment on the date of final
Commissioners Minutes Continued. February 28, 1991 36
maturity, be charged back to the local units in such fashion as the Treasurer may determine, and,
subject to Article V. the proceeds of such chargebacks shall De deposited into the County's 1991
Note Payment Account no later than five_ weeks prior to the final maturity of the Notes. This
Section 905 shall not be construed to limit the authority of the Treasurer under State lae . to charge
back under other circumstances or at other times.
906. Investments. The Treasurer is authorized to invest all monies in the Project
Account, in the Revolving Fund or in any account or sub-account therein that is established pursuant
to this Resolution in any One or more of the investments authorized as lawful investments for
counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to
enter into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No.
367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby
monies held in the Project Account, in the Revolving Fund, or in any.account or sub-account therein
which is established pursuant to this Resolution.
907, Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilatee,
lost, stolen or destroyed, the Treasurer may, on benalf of the County, execute and deliver, or order
the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then
outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyee.
in the case of a mutilated Note, a replacement Note shall not be delivered unless and until such
mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a
lost, etolen or destroyed Note, a replacement Note shall not be delivered unless and until the
Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and
indemnity as they determine to be sufficient.
ARTICLE X.
TAX-EXEMPT REFUNDING
1001. Refunding of Taxable Debt. The county acknowledges that the current state of
Federal law precludes the issuance of the Notes as obligations the interest on which is exempt from
Federal income tax. However, the County presently contemplates that anticipated amendments to the
Internal Revenue Code of 1986 (the "Code") and/or...the Treasury Regulations issued thereunder (tne
"Regulations') will in the future permit the issuance of general obligation limited tax notes on a
tax-exempt basis, and, in view of this expectation, the county, through the offices of the
Treasurer, shall issue obligations to refund any or all outstanding Notes issued as taxable
obligations, at the time, on the terms, and to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding
Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal
Revenue Service pronouncements or judicial rulings which, as confirmed by the written opinion of
bond counsel, permit the refunding of all or some of the outstanding Notes with proceeds from
obligations the interest on which is excluded from gross income for purposes of Federal income tax.
003. Extent of Refunding. Subject to the. other provisions of this Section 1003, the
Refunding Notes shall.refunceall Notes outstanding at or after the effective date of any change in
the law described in Section 1002. This section 1003 shall not, however, be construed to require
the refunding of any Note prior to the time such Note may be'refunded on a tax-exempt basis, nor
shall this Section 1003 be construed to require the refunding of any Note, if that refunding would
result in greater cost to the County (including interest expense, professional fees and
administrative outlays) than would arise if the Note were to remain outstanding.
1004. Confirmatory Action. Subsequent to any change in the law described in Section
1002, the Board shall convene to consider any terms of the Refunding Bonds requiring specific
ratification by the Board.
1005. Ai-b.:trap Covenant and Tax law Compliance, In the event Refunding Notes are issued
pursuant to this Artecle X, the following covenants shall be observed by the County:
(i) The County will make no use of the proceeds of the Refunding Notes and will
undertake no other intentional act with respect to the Refunding Notes which, if such use or act had
been reasonably expected on the date of issuance of the Refunding Notes or if such use or act were
intentionally made or undertaken after the date of issuance of the Refunding Notes, would cause the
Refunding Notes to be "arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of
1986, as amended (the "Code"), in the Regulations promulgated under Sections 103 and 148 of the Code
or in any successor or supplementary provision of law hereinafter promulgated,
(ii) the County will undertake all actions as shall be necessary to maintain the
Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by
Section 103(a) of the Cede, including, where appropriate and without limitation, filing
informational returns with the Secretary of Treasury, keeping accurate account of all monies earned
in any fund, accoent or sub-account authorized by this Resolution or any resolution adopted in
accordance with Section 10C4 above, certifying cumulative cash flow deficits of the County and the
local units, and investing any required portion of the gross proceeds of the Notes, whether on
behalf of the County or the local units, in tax-exempt obligations or State and Local Government
Series obligations; and
(iii) the County will make timely payment to the United States of any investment
earnings, realized by the County on the gross proceeds of the Notes, as may be subject to rebate
under Section 148(f) of the Code, and, to. the extent required under applicable law or deemed by the
Treasurer to be in the best interest of the County pursuant to written order, the County's
obligation to make such payment to the United States shall also account for excess investment
earnings realized by local units on all or a portion of the gross proceeds distributed to, and held
by, the local units pursuant to Section 702.
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Commissioners Minutes Continued. February 28, 1991
(iv) the Treasurer shall be directed to take such actions and to eater into such
agreements and certifications, on behelf of the County, as the Treasurer shall deem necessary or
appropriate to comply with the foregoing covenants.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Crake the resclutioe Oe adopted.
AYES: Aaron. Caddell, Crake, Ferrens, Gosling, Kuntoon, Johnson, Krause, Law, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold, Serra, Skarritt, Wolf. (21)
NAYS: None. (0)
A sufficient majority having votee therefor, the resolution was aCopted.
Misc. 91029
By Finance Committee
IN RE: Treasurer's Office - AUTHORIZATION FOR ADMINISTRATIVE FUND DELINQUENT 1990 TAXES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Administrative Fund is necessary for the County Treasurer to administer the
Delinquent Tax Revolvine Fund.
NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to Section 87c,
Sub-Section (2), of Act 206, is designated as Agent for the county, and the County Treasurer and the
Treasurer's office shall receive such sums as are provided in Section 87c, SO-section (3), for the
services as agent for the County and to cover administrative expenses.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Pappageorge the resolution be adopted,
AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, jensen, aohnson, Krause, Law, McConnell,
McCulloch, McPherson, Millard, Moffitt, Olsen, Pappageoree, Perrick, Price, Rewold, Serra, Skarritt,
Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, tne resolution was adopted.
Report (Misc. 91030)
By Personnel Committee
IN RE: Department of Institutional and Human Services/Health Division - MINORITY-LOW INCOME
COMMUNITY HEALTH PROMOTION PLANNING GRANT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
report.
PERSONNEL COMMITTEE
Marilynn E. Gosling, Chairperson
Misc. 91030
By Finance Committee
IN RE: Department of Institutional and Human Services/Health Division - 1991 MINCRITY - LQW INCOME
COMMUNITY HEALTH PROMCTION PLANNING GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105 the Oakland County Health Division
applied to the Michigan Department of Public Health (MDPIa) for $15,000 in grant funds for calenear
year 1991 to develop a model culturally sensitive healtn promotion screening service appropriate for
low income minority clients; and
WHEREAS the MDPH has awarded the Oakland County Health Division a $15,000 grant for calenCar
year 1991 to Cevelop the model, the same amount ane time frame as the application; and
WHEREAS the grant includes funding for one (1) special revenue funded part-time non-eligible
Auxiliary Health Worker position in the Health Division which requires the approval of the Personnel
Committee; ane
iiHEREAS grant funds will cover 100% of program ccst, no additional County resources are
required; and
Commissioners Minutes Continued. February 28, 1991 38
WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to legal
sufficiency; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1991
Minority-Low Income Cemmunity Heaith Promotion Planning Grant from the.Michigan Department of Public
Health in the amount of $15.000 and authorizes the necessary amendments to the 1991 Budget as
detailed on Schedule A.
SE IT FURTHER RESOLVED that one (1) special revenue funded part-time non-eligible Auxiliary
Health Worker position (950 hours) be created in the Health Division-HEMS Unit (162-33) to perform
grant functions.
BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent
upon the level of state funding available for this program.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant
agreement and to approve amendments and extensions up to fifteen (15) percent variance from the
award, consistent with the agreement as originally approved.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Caddell supported by Price the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Pappageorge the resolution be adopted.
AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch,
McPherson, Millard, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Serra, Skarritt, Wolf,
Aaron, Caddell. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91031
By General Government Committee
IN RE: SUPPORT BALANCED STATE BUDGET AND PROPERTY TAX RELIEF
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Constitution mandates that the State carry out its fiscal
responsibilities within the constraints of a balanced budget; and
WHEREAS the State Legislature, seeking to resolve a $1.1 billion deficit, is currently
debating various budget cutting options which will require eliminating or reducing some services;
and
WHEREAS another top priority issue being addressed in Lansing by the State Legislature is
property tax relief; and
WHEREAS property tax reform has been discussed at length in recent years by the State
Legislature without being resolved even though the public has sent a clear message that tax relief
is needed.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports (1)
whatever state spending reductions are required to balance the budget and (2) enactment of adequate
property tax relief.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor of the State
of Michigan, all State Senators and Represenatives from Oakland County, the Michigan Association of
Counties and to tne County's Legislative Agent,
Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
Moved by Skarritt supported by Olsen the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Gosling, Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt,
Olsen, Pappageorge, Rewold, Skarritt, Wolf, Caddell, Crake. (16)
NAYS: Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron. (8)
A sufficient major i ty having voted therefor, the resolution was adopted,
39
Commissioners Minutes Ccntinued. February 28, 19S1
The Chairperson vacated the Chair. The Vice Chairperson took the Chair,
Report (Misc. 91001)
By Personnel Committee
IN RE: AUTHORIZE COUNTY TO SUPPLEMENT PAY OF RESERVES CALLED TO ACTIVE MILITARY DUTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution on February 6,
1991, reports with the recommendation that the resclution be adopted with the following amendments:
Delete the NOW THEREFORE BE IT RESOLVED paragraph and replace it with: NOW THEREFORE BE
IT RESOLVED that since warfare has commenced in the Persian Gulf, the Oakland County Board of
Commissioners authorizes the County to continue for up to one year the medical beeefits cf
dependents of employees called to active duty so that they will receive tale normal medical benefits
retroactive back to the date of ift -iMployees military call-up.
Mr. Chairperson, on benalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
Marilynn E. Gosling, Chairperson
•
Misc. 91001
By Commissioners Ferrens and Price
IN RE: AUTHORIZE COUNTY TO SUPPLEMENT PAY OF RESERVES CALLED TO ACTIVE MILITARY DUTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS thousands of reserves are aeing called tc active duty as the Mideast Crisis
intensifies; and
WHEREAS most persons activated for military service generally take a substantial pay cut
and it appears that the Mideast Crisis may continue for many months; and
WHEREAS employees of Oakland County have been or will be ordered to active duty anc be
forced to take a considerable pay reduction in the process; and
WHEREAS those who are activated for military duty because of the Mideast Crisis face a
potentially dangerous experience and snould not have to bear the additional burden of taking a pay
cat.
NOW THEREFORE BE IT RESOLVED that should armee warfare commence in the Persian Gulf
Region, the Oakland County Board of Zommissioners authorizes the county to supplement the military
pay for employees called to active duty so that they will receive total pay equal of theft normal
county compensation, retroactive to the date of tneir military call -up.
Mr. Chairperson, I move the adoption of the foregoing resolution.
James O. Ferrens, Commissioner Dist. 7
Hubert Price, Jr., Commissioner Dist. 8
Fiscal Note (Misc. 91001)
By Finance Committee
IN RE: AUTHORIZE COUNTY TO SUPPLEMENT PAY OF RESERVES CALLED TO ACTIVE MILITARY DUTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule ai-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution a91001 and finds:
3) When employees are ordered to active duty tae County no longer pays medical benefits
for the employee and his dependents,
2) Currently seven (7) emplcyees have been ordered to duty and an additional ten (10)
employees could be ordered to duty,
3) The County is self insured for medical benefits,
4) The average annual cost to cover dependents of those employees ordered to duty is
$18,511 and $33,965 for employees who may be ordered to duty,
5) The County has budgeted $61,846 for annual medical benefits for these employees. These
funds will be left unspent if these employees are not replaced or their positions are covered by
overtime personnel,
6) Miscellaneous Resolution #91001 should be retitlec to "Authorize County to Continue
Medical Benefits for Dependents of Employees Called to Active Mi -aitary Duty."
7) Finance Committee concurs with the Personnel Committee Report.
FINANCE COMmiTTEE
G. William Ceder -11, Chairperson
Moved by Gosling supported by Ferrens the Personnel Committee Report be acceptec.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Ferrens the resolution be amended as recommended in the
Personnel Committee Report.
1
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Commissioners Minutes Continued. February 28, 1991 40
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson,
Millard, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Serra, Skarritt, Wolf, Aaron, Caddell,
Crake, Ferrens. (22)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 91018
By Personnel Committee
IN RE: Personnel Department — SALARY ADMINISTRATION FOURTH ilUARTERLY REPORT FOR 1990
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Study Group Reports approved by the Board of
Commissioners for Grades 1 - 21 provide for a review and appeal process for departments and
employees wishing to challenge the salary grade placement of classifications; and
WHEREAS the fourth Quarterly Report for 1990 was submitted to the Personnel Committee
identifying the reviews requested and the salary grade changes recommended by the Personnel
Department after completion of this review process; and
WHEREAS the Fourth Quarterly Report for 1990 includes the Job Evaluation Review Panel
recommendation on the salary grade placement of a classification referred to the Job Evaluatior.
Review panel by the Personnel Committee; and
WHEREAS funds have been established in the Classification and Rate Change fund to
implement salary grade changes resulting from salary administration quarterly report
recommendations; and
WHEREAS the Personnel Committee has reviewed and approved this report;
NOW ThEREFORE BE IT RESOLVED that changes in salary grade placement be implemented as
shown:
Salary Grade
Classification From: To:
Telephone Communications 9 10
Technician
District Ct. Administrator 13 16
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution,
PERSONNEL COMMITTEE
Marilynn E. Gosling, Chairperson
Fiscal Note (Misc. 91018)
By Finance Committee
1991
4-10100-909-01-00-9902 Rate & Classification Changes ($12,188).
4-1C100-332-01-00-1D01 Dist, Ct. I - Salaries 2,201
4-10100-332-01 -00-2070 Fringe Benefits 656
4-10100-323-01 -00-1001 31st. Ct. II - Salaries 2,471
4-10100-323-01-00 -2070 Fringe Benefits 736
4-10100-324-01-00 -1001 Dist. Ct. III- Salaries 2,381
4-10130-324-01 -00-2070 Fringe Benefits 710
4-10130-325-01 -00-1001 Dist, Ct. VI - Salaries 2,337
4-101CD-325-D1-00-2070 Fringe Benefits 696
$. -0-,
5) Special Revenue and Proprietary cost for 1991 Of $1,265 will be absorbed by the
Facilities Maintenance and Operations Fund.
FINANCE COMMITTEE
G. William Caddell, Chairperson
IN RE: Personnel Department - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR 1990
To the Oakland County Board of Commissioner
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #910113 and finds:
1) The Personnel Committee has approved the attached Salary Administration Fourth
Quarterly report for 1990;
2} Governmental funded salary cost for the period March 9, 1993 through December 31, 1991
is $9,390, fringe benefit cost for the same period is $2,798;
3) Governmental annual cost is $11,610 for salaries, $3,447 for fringe benefits;
1) Funds are available in the 1991 Appropriation Reserve for Transfer Classification and
Rate Changes Account and the following amendments are recormended:
41
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Commissioners Minutes Continued, February 28. 1991
Moved by Gosling supported by McCulloch the resolution be adopted.
AYES: Huntoon, Jensen, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks,
Olsen, Pappageorge, Pernick, Price, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens, Gosline.
(21)
NAYS: None. (0';
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91032
By Planning ad 8ui1ding Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES - CITY or BLOOMFIELD HILLS CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Resolutior No. 7574, adopted September 2, 1976, the County established by
consolidation and merger under and pursuant to Act No. 342, Puelic Acts of Michigan, 1929, as
amended, a system of sewage disposal improvements and services to serve the areas and the districts
neretofore designated and described in Oakland County, Mich -igan, in Resolutions No. 3269, 3435 ard
4115 as the Evergreen District and in Resolutions No. 327C and 3339 as the Farmington District,
which consolidated and merged system as so established was designated as the "Evergreen ard
Farmington Sewage Disposal Systems' (the "Systems":) and the Oakland County Drain Commissioper was
designated and appointed as the "County Agency' for the Systems for the acquisition, construct'.on
and financing of new facilities with all the powers and duties with respect to the acquisition,
construction and financing of facilities for the Systems as are provided by law and especially by
said Act 342: and
WHEREAS the County is the lea C applicant and has made and will make applicatiors for Federal
and State grants for the planning, design, contracting and construction of the additional facilities
to enlarge, extend and relieve the Systems as shown on Exhibit A and Project Exhibit B set forte in
the Evergreen anC Farmington Sewage Disposal Systems Pollution Control Facilities City of Bloomfield
Hills Contract hereto attached and incorporated herein, (herein the "Contract") and will coordinate
and supervise the CoMpliance with and performance of conditions and terms of said grants; and
WHEREAS in order to obtain grants, and in order to enlarge, extend and relieve the Systems
and to provide aeditional facilities and capacities for the transportation and treatment of sanitary
sewage emanating from the service areas of the Systems in the several municipal jurisdictions of the
County anC to abate and control pollution and polluting discharges and to comply with requirements
imposed by the United States Environmental Protection Administration and the Michigan Department of
Natural Resources, it was necessary that the County and fifteen of its Municipalities enter into a
Contract entitle Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract
Concerning Wastewater Treatment and Pollution Control Systems, dated as of September 30, 1989,
(herein "Intermunicipal Contract") which provides for construction of and service by the existing
facilities and by additional facilities described, particularly by reference to the Exhibits to the
Intermunicipal Contract and herein described in the Contract hereto attached and by this reference
incorporated herein, which additional facilities as described on Exhibit A and Project Exhibit B to
the Contract attached hereto, are called the "Project"; and
WHEREAS final plans for the Project described in Exhibit A and Project Exhibit B attached to
the form of Contract attachee hereto and also estimates of the cost of such Project and the perioC
of usefulness thereof nave been prepared by Hubbell, Roth a Clark, Inc. (hereinafter sometimes
referred to as the "Consulting Engineers") and have been heretofore approved by the Board of
Commissioners of the County, said estimates being set forth in Project Exhibit 8 to the form of
Contract attached hereto; and
WHEREAS there is herewith submitted to this Board of Commissioners the Contract attached
hereto between the County, by and through the County Drain Commissioner, County Agency, party of the
first part, and the City named in said Contract, party of the second part, which Contract provides
for the repayment of an advance by the County of money for the acquisition, construction and
financing of the Project pursuant to Act 342, which Contract, is hereinafter set forth in full.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN as
follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of the cost of the Project
described on Project Exhibit B to the Contract and the estimate of 40 years and upwards and the
period of usefulness thereof have been heretofore submitted to this Board of Commissioners and
approved and adopted. The amount to be paid by the City of Bloomfield Hills, as set forth on
Exhibit 8-1 to the Contract submitted herewith, is hereby approved and adopted.
2. APPROVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal System Pollution
Control Facilities City of Bloomfield Hills Contract, dated as of February 1, 1991, between tne
County, by and through the County Drain Commissioner, party of the first part, and the City named in
said Contract, party of the second part, which Contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the County Drain Comnissiorer is
authorized and directed to execute and deliver the same for and on behalf of the County, in as many
1
11
IP
Commissioners Minutes Continued, February 28, 1991 42
counterparts as may be deemed advisable, after the Contract has been executed by the appropriate
officials of the City. Said Contract reads as follows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
CITY OF BLOOMFIELD HILLS
CONTRACT
THIS CONTRACT, made and entered into as of the first day of February, 1991, by and between
the COUNTY OF OAKLAND, a County corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissiorer, County Agency, party of the first part,
and the CITY OF BLOOMFIELD HILLS, a Home Rule City corporation in Said County and state (hereinafter
sometimes referred to as tne "City"), party of the second .part.
WITNESSETH:
WHEREAS, the Oaklano County Board of Sepervisors by resolution, Misc. No. 3269, adopted
August 12, 1957, as amended by resolution, Misc. No. 3435, adopted October 13, 1958, did approve the
establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which
District are include areas in each of The municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 195E,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield, Birmingham, •3loomfield Hills, Lathrup Village and
Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of HooMfield and
Pontiac, municipal corporations in said County of Oakland, the said County acting through its
Department of Public works, did acquire the original Evergreen Sewage Disposal System ane did
finarce such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said Agreement, as amendea
(herein referred to as the "Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted March
6, 1963, did enlarge the Evergreen District to include all of the Village of Franklin and all of the
Village of Bi ngharn Farms within the area to be served by the Evergreen System; and
WHEREAS tie Oakland County Board of Supervisors by resolution, Misc. No. 3270. adopted
August 12, 1957, as amended by resolution, Misc. No. 3339, adopted aanuary 24, 1958, did approve the
establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to
serve the Farmington Sewage Disposal District therein called the "Farmington District") within which
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmiogten Sewage Disposal System Agreement, dated November 1, 1957,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Daklant and the Cities of Southfield and Keep Harbor and the Townships of West Bloomfield
and Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the
said County acting thru its Department of Public Works, did acquire the original Farmington Sewage
Disposal System and did finance such acquisition by the issuance of bonds in anticipation of
payments to be made by said municipal corporations to the County in accordance with the provisions
of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the City of Farmington
has become a user of the Farmington System and has area included in the Farmington District; and
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake and the City of Orcharc Lake Village have become users of the Farmington System; and
WHEREAS the State of Michigan Department of Natural Resources designated the areas and
districts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of Step I Facilities Planning and determined that there is a
need to obtain studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as ameeded, a system of sewage disposal improvements and services to serve the areas and the
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen
and Farmington Sewage Disposal System" and the Oakland County Drain Commissioner was designated and
appointed as the "County Agency" for said County systems with all the powers and duties with respect
to said County systems as are provided by law and especially by said Act 342; and
WHEREAS under and subject to the terms of Act 342, the County was authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as the County systems, the County and the townships, villages and
cities were authorized to enter into contracts, as hereinafter provided, for the acquisition and
construction of the systems by the County which Contract is entitled Evergreen and Farmington Sewage
Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control
Projects, dated as of September 33, 1989, and executed and delivered by the County and this City and
fourteen other municipalities in the Districts and the Systems therein described (herein the
"Intermunicipal Centract").
WHEREAS the County acting pursuant to the Intermunicipal Contract with the townships, cities
and villages served by the County systems has proceeded with acquisition and construction of
43
Commissioners Minutes Continued. February 28, 1991
s:
facilities using a combination of Federal and State grant moneys and County bonds and local funds as
needed for parts of the proposed Pollution Control Facilities as shown on Exhibit "A" nereto
attached and the County Agency has obtained plans for such parts of the County systems and also an
estimate of $16,430,000 as the total cost thereof and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as the consulting engineers) said estimates being set forth in
Project Exhibit B hereunto attached; and
WHEREAS as shown on said Project Exhibit B a portion of the cost of said Project was paid by
a cash advance in the amount of $1,860,000 which amount was temporarily advanced in part by the
Cities of Southfield and Farmington Hills and of which amount this City is obligated to
make .reimbursement to the County and in addition to pay to the County its share of administrative
costs, all as shown on Exhibit 5 -1 hereto attached and by this reference made a part hereof, and it
is necessary for the parties hereto to enter into this Contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and ratify the establishment, acquisition,
construction and financing of the Evergreen and Farmington Sewage Disposal Systems, as provided in
the Intermunicipal Contract, under and pursuant to Act 342. The City by way of compliance with
Section 29, Article VII, Micnigan Constitution of 1962, consent and agree to the establishment and
location of the systems within its corporate boundaries and to the use by the County of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
systems and any improvements, enlargements or extensions thereof, and the City further agrees that,
in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver
to the County such grants of easement, right-of-way, license, permit or consent as may be requested
by the County.
2. The Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities
acquired, constructed and financed hereunder shall consist of the facilities shown on Exhibit A
which is hereunto attached and which is hereby made a part hereof, and as are more particularly set
forth in the plans which have been prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are hereby approved and adopted. The particular facilities
herein involved are as follows:
Segment #1 Stage 2(E) and Stage 2(W)
These segment stages are herein sometimes referred to as the "Project". The estimate of cost of the
Project and the estimate of period of usefulness thereof as set forth in Project Exhibit B are
likewise hereby approved and adopted.
3. The County hereby asserts that it has secured, and will maintain during the period of
construction adequate property damage and public liability insurance covering all facilities to be
constructed in the City pursuant to this Contract. All policies and memoranda of insurance shall
provide that the County and the City shall be insured parties thereunder and shall contain a
provision requiring that the City be notified at least ten days prior to cancellation thereof. One
copy of each policy and memorandum of insurance shall be filed with the City.
4. It Is understood and agreed by the parties hereto that the systems facilities are to
serve the City and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the City. It is the responsibility of the City to require
connection to and use of the facilities of the systems and to provide such additional facilities, as
may be needed, so that the City shall cause to be constructed and maintained, directly or through
the County, any such necessary additional facilities. The County shall not be obligated hereunder
to acquire or construct any facilities other tnan those designated in paragraph 2 hereof..
5. The City shall pay to the County on or before April 1, 1991, as its share of the total
cost of the Project, (less such funds as may become available from Federal and/or State grants or
from other sources) the amount shown or Exhibit 8-1.
6. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the system shall exceed the estimated cost,
whether as the result of variations or changes permitted or needed to be made in the approved plans
or oteerwise„ then (without execution of any further Contract or amendment of this Contract) the
Commission of the City may, by resolution adopted within fifteen days after the receipt of
notification of such increase, direct that a portion of the Project not yet acquired or constructed
and not under contract to acquire or construct be deleted sufficient to reduce the total cost to an
amount which shall not exceed the total estimated cost of the Project, as hereinbefore stated, by
more than 5%; provided that such deletion shall not materially change or terminate the eligibility
of the Project for Federal and/or State grants, or change the general scope, overall design, and
purpose of the Project. In the adoption of such a resolution the City shall pay or procure the
payment of the increase or excess up to said 5% in cash or snail agree that County bonds in an
increased or additional amount shall (upon adoption of an authorizing resolution therefor by the
Board of Commissioners (De issued to defray such increased or excess cost, to the extent that funds
therefor are not available from other sources. Where the effect of any increase in estimated cost
of the Project or of any excess of actual cost over estimated cost would be to cause the total cost
of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County
shall not enter into any new or further contract or change order for acquisition or construction of
the Project or any part thereof or incur any new or furtner obligation for or pay any new or further
item of cost thereof until the Council of tie City shall have adopted a resolution approving such
Commissioners Minutes Continued. February 28, 1991 44
increase or excess and agreeing that the same (or such part thereof as is not available from other
sourcesshall be paid or its payment procured by the City in cash or be defrayed by the issuance of
increased or additional County bonds in anticipation of increased or additional payments agreed to
be made by the City to the County in the manner hereinbefure provided: Provided, further, that the
adoption of such resolution by the Council of the City shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the County, if the County has previously
issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of
the additional bonds is necessary (as determined by the County) to pay such increased, additional or
excess costs as are essential to completion of the Project according to the plans as last approved
prior to the time when the previous bonds were issued or contracted to be sold.
7. In the event that the actual cost of the Project is less than the total estimated cost,
then any surplus available to the County shall, at the option of the Commission of the City, be usee
either to improve, enlarge or extend the systems in the City, provided that such surplus shall be
used to improve, enlarge or extend the systems only if authorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by cash payments to be made by the City, or by the proceeds of additional County bonds,
or such improvements, enlargements or extensions may be financed entirely from such cash payments,
where authorized by the councils of the City.
8. Should the City fail for any reason to pay the County at the time specified, the amounts
herein required to be paid, the City does hereby authorize the State Treasurer or other official
cnarged with the disbursement of unrestricted state funes returnable to the City pursuant to the
Michigan constitution to withheld sufficient funds to make up any default or deficiency in funds.
The foregoing shall not cperate to limit the County's right to pursue any other legal
remedies for the reimbursement of mcneys advanced on account of the default of the City.
9. As shown on Exhibit A, the Pollution Control Facilities to be acquired by completion of
the Project are to supplement, improve, extend and enlarge the systems as parts of the Evergreen
System and the Farmington System and the provisions of the Evergreen Agreement and of the Farmington
Agreement, to the extent not specifically amended or eliminated hereby, shall apply to the total
systems when completed and placed in operation and shall ccntinue in full effect including any
rights now or hereafter existing by contract on behalf of the systems by the County with the City of
Detroit and/or the County of Wayne relative to treatment or transportation of sanitary wastewater
and other pullution control activities.
10. Upon completion of the Project the County and the City hereby agree that the operation
and maintenance of all of the facilities of the systems shall be carried on and continued in the
same fashion and manner as integral parts of the systems as provided in paragraph 4 hereof and as
are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement,
with costs thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available from the State or Federal governments or
any other source, the City hereby agrees to adopt such resolutions or ordinances as may be required
by State or Federal laws, regulations or orders to make the County of Oakland and the systems and
Districts eligible to accept and receive the grant, advance or payment, and if the terms of the
grant, advance or payment require a local contribution, the City hereby agree to raise and
contribute its share thereof as herein provided.
11. The County shall have no obligation or responsibility for providing facilities except
as herein expressly provided with respect to the acquisition of the Project or as otherwise provided
by Contract. The City shall have the authority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connnectieg the same to the systems, and otherwise improving
the systems. It is expressly agreed, nevertheless, that no such connection shall be made to the
systems and no improvements, enlargements or extensions thereof shall be made without first securing
a permit therefor from the County Agency. Any such permit may be made conditional upon inspection
and approval of new construction by the County Agency. It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage only and that the City shall take all
necessary action to prevent entry into the systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of
such a character as to be injurious to the system or to the public health and safety,
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract,
13. In tne event that any one or more of the provisions of this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this Contract shall be
construed as if such invalid, illegal or unenforceable provision has never been contained herein,
14. This Contract shall become effective upon it execution by each party hereto. This
Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall
be mutually agreed. The provisions of this Contract shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
45
Commissioners Minutes Continued. February 28, 1991
parties, all as of the day and year first above written.
CITY OF BLCOMFIELD HILLS
By
Mayor
By BY
City Clerk County Drain Commissioner (County Agency)
3. CONFLICTING RESOLUTION. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are hereby rescinded.
Mr. Chairperson, on behalf of the Planning arid Building Committee, I move adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by Jensen the resolution be adopted.
. AYES: Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks,
Olsen, Pappageorge, Pernick, Price, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens, Gosling,
Huntoor. (22)
NAYS: None. (0)
A sufficient majority having voted tnerefor, the resolution was adopted.
Misc. 91033
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES - VILLAGE OF BINGHAM FARMS CONTRACT
To the Gakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Resolution No. 7674, adopted September 2, 1976, the County established by
consolidation and merger under and pursuant tc Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage disposal improvements and services to serve the areas ant tie districts
heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3259, 3435 and
4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District,
which consolidated and merged system as so established was designated as the "Evergreen and
Farmington Sewage Disposal Systems" (the "Systems") and the Oakland County Drain Commissioner was
designated and appointed as the "County Agency" for the Systems for tie acquisition, construction
and financing of new facilities with all the powers and duties with respect to the acquisition,
construction and financing of facilities for the Systems as are provided by law and especially by
said Act 342; and
WHEREAS the County is the lead applicant and has made and will make applications for Feceral
and State grants for the planning, design, contracting and construction of the additional facilities
to enlarge, extend and relieve the Systems as shown on Exhibit A and Project Exhibit B set forth in
the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities Village of Bingham
Farms Contract hereto attached and incorporated herein (herein the "Contract") and will coordinate
and supervise the compliance with and performance of ecnditions ant terms of said grants; and
WHEREAS in order to obtain grants, and in order to enlarge, extend and relieve the Systems
and to provide additional facilities ant capacities for the transportation and treatment of sanitary
sewage emanating from the service areas of the Systems in the several municipal jurisdictions of the
County and to abate and control pollution and polluting discharges ant to comply wite reqeirements
imposed by the bnited States Environmental Protection Administration and the Michigan Department of
Natural Resources, it was necessary that the County and fifteen of its Municipalities eater into a
Contract entitled Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract
Concerning Wastewater Treatment and Pollutior, Control Systems, datee as of September 30, 1989,
(herein "Intermunicipal Contract") which provides for corstruction of and service by the existing
facilities and by additional facilities described, particularly by reference to the Exhibits to the
Intermunicipal Contract and herein described in the Contract hereto attached and by this reference
incoreorated herein, which additional facilities as described on Exhibit A and Project Exhibit B to
the Contract attached hereto, are called the "Project"; and
WHEREAS final plans for the Project described in Exhibit A and Project Exhibit B attacnee to
the form of Contract attached hereto ant also estimates of the cost of such Project and the period
of usefulness thereof have been prepared by Fubbell, Roth & Clark, Inc. (hereinafter sometimes
referred to as the "Consulting Engineers"I and have been heretofore approved by the Board of
Commissioners of the County, said estimates being set forth in Project Exhibit B to tne form of
Contract attached hereto; and
WHEREAS there is herewith submitted to this Board of Commissioners the Contract attached
hereto between tie County, by and througn the County Drain Commissioner, County Agency, party cf the
first part, and the City named in said Contract, party of the second part, which Contract provides
for the repayment of an advance by the County of money for the acquisition, ccnstructice: ant
COUNTY OF OAKLAND
Commissiorers Minutes Continued. February 28, 1991 46
I .
f
financing of the Project pursuant to Act 342, by the transfer of surplus moneys belonging to the
Village and held by the County, which Contract, is hereinafter set forth in full.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of the cost of the Project
described On Project Exhibit B to the contract and the estimate of 40 years and upwards and the
period of usefulness thereof have been heretofore submitted to this Board of Commissioners and
approved and adopted. The amount to be paid by the Village of Bingham Farms, as set forth on
Exhibit B-1 to the Contract submitted herewith, is hereey approved and adopted and the transfer of
surplus moneys belonging to the Village and held by the County to make said payment is hereby
approved and authorized.
2. APPROVAL OF CONTRACT. The Evergreen and Famine-ten Sewage Disposal System Pollution
Control Facilities Village of Bingham Farms Contract, dated as of February 1, 1991, between the
County, by and through the County Drain Commissioner, party of the first part, and the Village named
in said Contract, party of the second part, which Contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute and deliver the same for and on behalf of the County, in as many
counterparts as may be deemed advisable, after the Contract has been executed by the appropriate
officials of the Village. Said Contract reads as follows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
VILLAGE OF BINGHAM FARMS
CONTRACT
THIS CONTRACT, made and entered into as of the first day of February, 1991 by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (Aereinafter sometimes referred
to as the "County"), by and tnrough its Drain Commissioner, County Agency, party of the first part,
and the VILLAGE OF BINGHAM FARMS, a Home Rule village corporation in said county and state
(hereinafter sometimes referred to as the "City"), party of the second part.
WITNESSET H:
WHEREAS the Oakland County Board of Supervisors by resolutien, Misc. No. 3269, adopted
August 12, 1957, as amenced by resolution, Misc. No. 3435, adopted October 13, 1958, did approve the
establishment of the Evergreen Sewage Disposal system (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which
District are iecluded areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and
Troy, the Village of Westwood (now Village of Beverly kills), and the Townships of Bloomfield and
Pontiac, municipal corporations in said County of Oakland, the said County acting through its
Department of Public Works,. did acquire the original Evergreen Sewage Disposal System and did
finance such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said Agreement, as amended
(herein referred to as the "Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted March
6, 1953, did enlarge the Evergreen District to include all of the Village of Franelin and all of the
Village of Bingham Farms within the area to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve the
establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to
serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland ane tne Cities of Southfield and Keego Harbor and the Townships of West Bloomfield
and Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the
said County acting thru its Department of Public Works, did acquire the original Farmington Sewage
Disposal System and did finance such acquisition by the issuance of bonds in anticipation of
payments to be mace by said municipal corporations to the County in accordance with the provisions
of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the City of Farmington
has become a user of the Farmington System and has area included in the Farmington District: and
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and
WHEREAS the State of Michigan Department of Natural Resources designated the areas and
districts servea by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of stedy area for the purposes of Step I Facilities Planning and determined that there is a
need to obtain studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
1
1
47
Commissioners Minutes Continued. February 28, 1991
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions He. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen
and Farmington Sewage Disposal System" and the Oakland County Drain Comaissioner was designated and
appointed as the "County Agency" for said County Systems with all the powers anC duties with respect
to the County systems as are provided by law and especially by said Act 342; and
WHEREAS unaer and subject to the terms of Act 342, the County was authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereilafter described as the County systems, the County arid the townships, villages and
cities were authorized to enter into contracts, as hereinafter provided, for the acquisition and
construction of the systems by the County which Contract is entitled Evergreen and Farmington Sewage
Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control
Projects, dated as of September 30, 1989, and executed and delivered by the County and this Village
and fourteen other municipalities in the Districts and the Systems therein described (herein the
"Intermunicipal Contract").
WHEREAS tne County acting pursuant to the Intermunicipal Contract with the townships, cities
and villages served by the County systems has Proceeded with acquisition and construction of
facilities using a combination, of Federal and State grant moneys and County bonds and local funds
as needed for parts of the proposed Pollution Control Facilities as shown On Exhibit "A" hereto
attached and the County Agency has obtained plans for such parts of the County systems and also an
estimate of $16,430,000 as the total cost thereof and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as tne consulting engineers) said estimates being set forth in
Project Exhibit B hereunto attached; and
WHEREAS as shown an said Project Exhibit 8 a portion of the cost of said Project was paid by
a cash advance in the amount of $1.e6C,000 which amount was temporarily advanced in part by the
Cities of Southfield and Farmington hills and of which amount this Village is obligated to make
reimbursement to the County and in adcition to pay to the County its share of administrative costs,
all as shown on Exhibit 8-1 hereto attached and by this reference made a part hereof, and it is
necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
'.. The parties hereto do hereby approve anc ratify the establishment, acquisition,
construction and financing of the Evergreen anc Farmington Sewage Disposal Systems, as provided in
the Intermunicipal Contract, under and pursuant to Act 342. The Village by way of compliance
with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment
and location of the systems within its corporate boundaries and to the use by the County of its
streets, highways, alleys, lands, rights-of-way or other public places for the pureose and
facilities of the systems and any improvements, enlargements or extensions thereof, and the Village
further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it
will execute and oeliver to the County such grants of easement, right-of-way, license, permit or
consent as may ee requested by the County.
2. The Evergreen and Farmington Sewage Disposal Systems Pollution Control Faci'ities
acquired, constructed and financed hereunder shall consist of the facilities shown on Exhibit A
which is hereunto attached and which is hereby made a part hereof, and as are more particularly set
forth in the plans which have been prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are hereby approved and adopted. The particular facilities
herein involved are as follows.
Segment #1 State 2(E) and Stage 21W)
These segment stages are herein sometimes referred to as the "Project". Tne estimate of cost of the
Project and the estimate of period of usefulness thereof as set forth in Project Eehibit B are
likewise hereby approved and adopted.
3. The County hereby asserts that is has securee, and will maintain during the period of
construction adequate property damage anc public liability insurance covering all facilities to be
constructed in the Village pursuant to this Contract. All policies and memoranda of insurance shall
provide that the County and the Village shall be insured parties thereunder and shall contain a
provislen requiring that the Village be notified at least ten days prior to cancellation thereof.
One copy of each policy arid memorandum of insurance shall be filed with the Village.
4. It is understood and agreed by the parties hereto that the systems facilities are to
serve the Village and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the Village. It is the responsibility of the Village to
renuire connection to and use of the facilities of the systems and to provide such additional
faeilities, as may be needed, so that the Village shall cause to be constructed and maintained,
directly or through the County, any such necessary additional facilities. The County shall not be
obligated hereunder to acquire or construct any facilities other than those designated in paragrapn
2 hereof.
5. The Village shall pay to the County on Or before April 1, 1991, as its share of the
total cost of the Project, (less such funds as may become available from Federal and/or State grants
or from other Sources) the amount shown on Exhibit 6-1. The Village has requested and the County
hereby approves the transfer of surplus moneys belonging to the Village and held by the County to
make this payment.
Commissioners Minutes Continued. February 28, 1951 48
I
I.
6. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the system shall exceed the estimated
cost, whether as the result of variations or changes permitted or needed to be made in the approved
plans or otherwise, then (without execution of any further Contract or amendment of this Contract)
the Council of the Village may, by resolution adopted within fifteen days after the receipt of
notification of such increase, direct that a portion of the Project not yet acquired or constructed
and not under contract to acquire or construct be deleted sufficient to reduce the total cost to an
amount which shall not exceed the total estimated cost of the Project, as hereinbefore stated, by
more than 5; provided that such deletion shall not materially change or terminate the eligibility
of the Project for Federal and/or State grants, or change the general scope, overall design, and
purpose of the Project. In the adoption of such a resolution the Village shall pay or procure the
payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an
increased or additional amount shall (upon adoption of an authorizing resolution therefor by the
Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds
therefor are not available from other sources. Where the effect of any increase in estimated cost
of the Project or of any excess of actual cost over estimated cost would be to cause the total cost
of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County
shall not enter into any new or further contract or change order for acquisition or construction of
the Project or any part thereof or incur any new or further obligation for or pay any new or further
item of cost thereof until the Council of the Village shall have adopted a resolution approving such
increase or excess and agreeing that the same (or such part thereof as is not available from other
sources) shall be paid or its payment procured by the Village in cash or be defrayed by the issuance
of increased or additional County bonds in anticipation of increased or additional payments agreed
to be made by the Village to the County in the wanner hereinbefore provided; Provided, further, that
the adoption of such resolution by the Council of the Village shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the County, if the County has previously
issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of
tie additional bonds is necessary (as determined by the County) to pay such increased, additional or
excess costs as are essential to completion of the Project according to the plans as last approved
prior to the time when the previous bonds were issued or contracted to be sold.
7. In the event that the actual cost of the Project is less than the total estimated cost,
then any surplus available to the County shall, at the option of the Council of tee Village, be used
either to improve, enlarge or extend the systems in the Village. provided that such surplus shall be
used to improve, enlarge or extend the systems only if authorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by cash payments to be made by the Village or by the proceeds of additional County
bonds, or such improvements, enlargements or extensions may be financed entirely from such cash
payments, where authorized by the councils of the Village.
8. Should the Village fail for any reason to pay the County at the time specified, the
amounts herein required to be paid. the Village does hereby authorize the State Treasure or other
official charged with the disbursement of unrestricted state funds returnable to the Village
pursuant to the Michigan constitution to withhold sufficient funds to make up any default or
deficiency in funds.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimeursement of moneys advanced on account of the default of the Village.
9. As shown on Exhibit A, the Pollution Control Facilities to be acquired by completion of
the Project are to supplement, improve, extend and enlarge the systems as parts of the Evergreen
System and the Farmington System and the provisions of the Evergreen Agreement and of the Farmington
Agreement, to the extent not specifically amended or eliminated hereby, shall apply to the total
systems when completed and placed in operation ant shall continue in full effect including any
rights now or hereafter existing by contract on behalf of the systems by the County with the Village
of Detroit and/or the County of Wayne relative to treatment or transportation of sanitary wastewater
ano other pollution control activities.
10. Upon completion of the Project the County and the Village hereby agree that the
operation and maintenance of all of the facilities of the systems shall be carried on and continued
in the same fashion and manner as integral parts of the systems as provided in paragraph 4 nereof
and as are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington
Agreement, with costs thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available from the State or Federal governments or
any other source, the Village hereby agrees to adopt such resolutions or ordinances as may be
required by State or Federal laws, regulations or orders to make the County of Oakland and the
systems and Districts eligible to accept and receive the grant, advance or payment, and if the terms
of the grant, advance or payment require a local contribution, the Village hereby agree to raise and
contribute its share thereof as hereby provided.
11, The County shall have no obligation or responsibility for providing facilities except as
herein expressly provided with respect to the acquisition of the Project or as otherwise provided by
Contract, The Village shall have the authority and the responsibility to provide such other
facflities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connecting the same to the systems, and otherwise improving
the systems. It is expressly agreed, nevertheless, that no such connection shall be made to the
49
Commissioners Minutes Continued. February 28, 1991
systems and no improvements, enlargements or extensions thereof shall be made without first securing
a permit therefor from the County Agency. Any suds permit may be made conditional upon inspecticn
and approval of new construction by tne County Agency. It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage only and that the Village shall take all
necessary action to prevent entry into the systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of
such a character as to be injurious to the system or to the public health and safety.
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract.
13. In the event that any one or more of the provisions of this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this Contract shall be
construed as if such invalid, illegal or unenforceable provision has never been contained herein.
14. This Contract shall become effective upon its execution by each party hereto. This
Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall Le
mutually agreed. The provisions of this Contract shall inure to the benefit of anC be binding upon
the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being dLOy authorized by the respective governing bodies of such
parties, all as of the day and year first above written.
VILLAGE OF BINGHAM FARMS COUNTY OF OAKLAND
By
President
By By
Village Clerk County Drain Commissioner
(County Agency)
3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are hereby rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolutior.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by Jensen the resolution be adopted.
AYES: Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen,
Pappageorge, Pernick, Price, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens, Gosling, Huntoon,
Jensen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91034
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES - CITY OF AUBURN HILLS CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies anc Gentlemen:
WHEREAS by Resolution No. 7674, adopted September 2, 1976, the County established by
consolidation and merger under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage disposal improvements and services to serve the areas and the districts
eeretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269. 3435 and
4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District,
which consolidated and merged system as so established was designated as the "Evergreen and
Farmington Sewage Disposal Systems" (the "Systems") and the Oakland County Drain Commissioner was
designated and appointed as the 'County Agency' for the Systems for the acquisition, construction
and financing of new facilities with all the powers and duties with respect to the acquisition,
construction and financing of facilities for the Systems as are provided by law and especially by
said Act 342; and
WHEREAS the County is the lead applicant and has -made and will make applications for
Federal and State grants for the planning, desen, contracting and construction of the acditional
facilities to enlarge, extend and relieve the Systems as shown on Exhibit A and Project Exhibit B
set forth in the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities
City of Auburn Hills Contract hereto attached and incorporated herein, (herein the "Contract') and
will coordinate and supervise the compliance with and performance of conditions and terms of sald
grants; and
WHEREAS in order to obtain erants, and in order to enlarge, exterd and relieve the Systems
and to provide additional facilities and capacities for the transportation and treatment of sanitary
Comissioners Minutes Continued. February 2B, 1991 50
sewage emanating from the service areas of the Systems in the several municipal jurisdictions
of the County and to abate and control pollution and polluting discharges and to comply with
requirements imposed by the United States Environmental Protection Administration and the Michigan
Department of Natural Resources, it was necessary that the County and fifteen of its Municipalities
enter into a Contract entitled Evergreen and Farmington Sewage Disposal Systems Intermunicipal
Contract Concerning Wastewater Treatment and Pollution Control Systems, dated as of September 30,
1989. (herein "Intermunicipal Contract") which provides for construction of and service by the
existing facilities and by additional facilities described, particularly by reference to the
Exhibits to the Intermunicipal Contract and herein described in the Contract hereto attached and ey
this reference incorporated herein, which additional facilities as described on Exhibit A and
Project Exhibit B to the Contract attached hereto, are called the "Project"; and
WHEREAS final plans for the Project described in Exhibit A and Project Exhibit B attached
to the form of Contract attached hereto and also estimates of the cost of such Project and the
period of usefulness thereof have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter
sometimes referred to as the "Consulting Engineers") and have been heretofore approved by the Board
of Commissioners of the County, said estimates being set forth in Project Exhibit B to the form of
Contract attached hereto; and
WHEREAS there is herewith submitted to this Board of Commissionersthe Contract attached
hereto between the County, by and through the County Drain Commissioner, County Agency, party of the
first part, and the City named in said Contract, party of the second part, which Contract provides
for the repayment of an advance by the County of money for the acquisition, construction and
financing of the Project pursuant to Act 342, which Contract, is hereinafter set forth in full.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN. as
follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of the cost of the Project
described on PTIFT;777FTElt B to the contract and tne estimate of 40 years and upwards and the
period of usefulness thereof have been heretofore submitted to this Board of Commissioners and
approved and adopted. The amount to be paid by the City of Auburn Hills as set forth on Exhibit
8-1 to the Contract submitted herewith, is hereby approved and adopted.
2. APPROVAL CF CONTRACT, The Evergreen and Farmington Sewage Disposal System Pollution
Control Facilities City of Auburn Hills Contract, dated as of February 1, 1991, between the County,
by and through the County Drain Commissioner, party of the first part, and the City named in said
Contract, party of the second part, whica Contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute ant deliver the same for and on behalf of the County, in as many
counterparts as may be deemed advisable, after the Contract has been executed by the appropriate
officials of tbe City. Said Contract reads as follows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
CITY OF AUBURN HILLS
CONTRACT
THIS CONTRACT, made and enterec into as of the first day of February, 1991, by and between
the COUNTY OF OAKLAND, a County corporation in the State of Michigan (hereinafter sometimes referred
to as the "County", by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF AUBURN HILLS, a Home Rule city corporation in said County and state (hereinafter
sometimes referred to as the "'City") party of the secona part.
WITNFSSETH:
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. Na. 3259, adopted
Aueust 12, 1957, as amended by resolution, Misc. No. 3435, adopted October 13, 1958, dia approve the
establishment of the Evergreen Sewage Disposal system (herein called the "Evergreen System') to
serve the Evergreen Sewage Disposal District (herein called the 'Evergreen District"), within which
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10,
1958. as amended by amendatory agreements dated December 22, 195B and February 9, 1959, all between
the County of Oakland and the Cities of Southfield, Birmingham, Bloumfield Hills, Lathrup Village
and Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield
and Pontiac, municipal corporations in said County of Oakland, the said County acting through its
Department of Public Works, did acquire the original Evergreen Sewage Disposal System and did
finance such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said Agreement, as amended
;herein referred to as the "Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted
Maren 6, 1953, did enlarge the Evergreen District to include all of the Village of Franklin and all
of the Village of Bingham Farms within the area to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve the
establishment of the Farmineton Sewage Disposal System (herein called the 'Farmington System") to
serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which
1
51
Commissioners Minutes Continued. February 28, 1991
District are included areas in each of the municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1,
1957, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between
the County of Oakland and the Cities of Southfield and Keego Harbor and the Townships of West
Bloomfield and Farmington (now city of Farmington Hills), municipal corporations in said County of
Oakland, the said County acting thru its Department of Public Works, did acquire the original
Farmington Sewage Disposal System and did finance such acquisition by the issuance of bonds in
anticipation of payments to be made by said municipal corporations to the County in accordance with
the provisions of said Agreement, as amended (herein referred to as the 'Farmington Agreement"); and
WHERLAS by annexation of part of the former Township of Farmington the City of Earmingtor
has become a user of the Farmington System and has area included in the Farmington District; ard
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and
WHEREAS the State of Michigan Department of Natural Resources designated the areas ant
cistricts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of Step I Facilities Planning and determined that there is a
need to obtain studies, reports, plans and estimates for the abatement of pollution, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements dna services to serve the areas and the
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resalutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen
and Farmington Sewage Disposal System" and the Oakland County Drain Commissioners was designated anC
appointed as the "County Agency" for said County systems witn all the powers and duties with respect
to said County systems as are provided by law and especially by said Act 342; and
WHEREAS, under ant subject to the terms of Act 342, the County was authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as the County systems, the County and the townships, villages anC
cities were authorized to enter into contracts, as hereinafter provided, for the acquisition and
construction of the systems by the County whicn Contract is entitled Evergreen and Farmington Sewage
Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control
Projects, dated as of September 30, 1989, and executed and delivered by the County and this City and
fourteen other municipalities in the Districts and the Systems therein described (herein the
"Intermunicipal Contract").
WHEREAS the county acting pursuant to the Intermonicipal Contract with the townsnips,
cities and villages served by the County systems has proceeded with acquisition, and construction of
facilities using a combination, of Federal and State grant moneys and County bonds and local funds
as needed for parts of the proposed Pollution Control Facilities as shown on Exhibit "A" hereto
attached and the County Agency has obtained plans for such parts of the County systems and also an
estimate of $15,430,000 as the total cost thereof and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as the consulting engineers) said estimates being set forth in
Project Exhibit B hereunto attached; and
WHEREAS as shown on said Project Exhibit B a portion of the cost of said Project was paid
by a casn advance in the amount of $1,860,000 which amount was temporarily advanced in part by the
Cities of Southfield and Farmington Wlls and of which amount this City is obligated to make
reimbursement to the County and in addition to pay to tne County its share of administrative costs,
all as shown on Exhibit B-1 hereto attached and by this reference made a part hereof, and it is
necessary for the parties hereto to enter into this Contract.
THEREFORE, IN CONSIDERATION OR THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and ratify the establishment, acquisition,
construction and financing of the Evergreen anc Farmington Sewage Disposal Systems, as provided in
the lntermunicipal Contract, under and pursuant to Act 342. The City by way of compliance with
Section 29, Article VII, Michigan Constitution of 1963, consent and agree to the establishment ard
location of the systems within its corporate boundaries and to the use by the County of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
systems and any improvements, enlargements or extensions thereof, and the City further agrees that,
in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver
to the County such grants of easements, right-of-way, license, permit or consent as may be requested
by the County.
2. The Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities acquired,
constructed and financed hereunder shall consist of the facilities shown on Exhibit A which is
hereunto attached and which is hereby made a part hereof, and as are more particularly set forth in
the plans which have been prepared and submitted by the consulting engineers, which plans are on
file with the County Agency and are hereby approved and adopted. The particular facilities nerein
involved are as follows:
Segment #1 Stage 2(E) and Stage 2(W)
I.
1
Commissioners Minutes Continued. February 28, 1991 52
These segment stages are herein sometimes referred to as the "Project". The estimate of cost of the
Project and the estimate of period of usefulness thereof as •set forth in Project Exhibit B are
likewise hereby approved and adopted.
3. The County hereby asserts that it has secured, and will maintain during the period of
construction adequate property damage and public liability insurance covering all facilities to be
constructed in the City pursuant to this Contract. Al] policies and memoranda of insurance shall
provide that the County and the City shall be insured parties thereunder and shall contain a
provision requiring that the city be notified at least tan days prior to cancellation thereof. One
copy of each policy and memorandum of insurance shall be filed with the City.
4. It is understood and agreed by the parties hereto that the systems facilities are to
serve the City and not the individual property owners and users thereof, unless by special
arraneement between the County Agency and the City. It is the responsibility of the City to reouire
connection to and use of the facilities of the systems and to provide such additional facilities, as
may be needed, so that the City shall cause to be constructed and maintained, directly or through
the County, any such necessary additional facilities. The County shall not be obligated hereunder
to acquire or construct any facilities other than those designated in paragraph 2 hereof.
5. The City shall pay to the County on or before April 1, 1991, as its share of the total
cost of the Project, (less such funds as may become available from Federal and/or State grants or
from other sources) the amount shown on Exhibit B-1.
6. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore Stated, or if the actual cost of the system shall exceed the estimated cost,
whether as the result of variations or changes permitted or needed to be made in the approved plans
or otherwise, then (without execution of any further Contract or amendment of this Contract) the
Council of the City may, by resolution adopted within fifteen days after the receipt of
notification of such increase, direct that a portion of the Project not yet acquired or constructed
and not under contract to acquire or construct be deleted sufficient to reduce the total cost to an
amount which shall not exceed the total estimated cost of the Project, as eereinbefore stated, by
more than 5%; provided that such deletion shall not materially change or terminate the eligibility
of the Project for Federal and/or State grants, or change the general scope, overall design, and
purpose of the Project. In the adoption of such a resolution the City shall pay or procure the
payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an
increased or additional amount shall (upon adoption of an authorizing resolution therefor by the
Board of Commissioners) ae issued to defray such increased or excess cost, to the extent that funds
therefor are not available from other sources. Where the effect of any increase in estimated cost
of the Project or of any excess of actual cost over estimated ccst would be to cause the total cost
of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County
shall not enter into any new or further contract or change order for acquisition or construction of
the Project or any part thereof or incur any new or further obligation for or pay any new or further
item of cost thereof until the Council of the City shall have adopted a resolution approving such
increase or excess and agreeing that the same lor such part thereof as is not available from other
sources) shall be paid or its payment procured by the City in cash or be defrayed by the issuance of
increased or aeditional County bonds in anticipation of increased or additional payments agreed to
be made by the City to the County in the manner hereinOefore provided: Provided, further, that the
adoption of such resolution by the Council of the City shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the County, if the County has previously
issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of
the additional bonds is necessary (as determined by the County) to pay such increased, additional or
excess costs as are essential to completion of the Project according to the plans as last approved
prior to the time when the previous bonds were issued or contracted to be sold,
7. :n the event that the actual cost of the Project is less than the total estimated cost,
then any surplus available to the County shall, at the option of the Commission of the City, be used
either to improve, enlarge or extend the systems in the City, provided that such surplus shall be
used to improve, enlarge or extend the systems only if authorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by cash payments to be made by the City, or by the proceeds of additional County bonds,
or such improvements, enlargements or extensions may be financed entirely from such cash payments,
where authorized by the councils of the City.
B. Should the City fail for any reason to pay the County at the time specified, the amounts
herein required to be paid, the City does hereby authorize the State Treasurer or other official
charged with the disborsement of unrestricted state funds returnable to the City pursuant to the
Michigan constitution to withhold sufficient funds to make up any default or deficiency in funds.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimbursement of moneys advanced on account of the default of the City.
9. As shown OD Exhibit A, the Pollution Control Facilities to be acquired by completion of
the Project are to supplement, improve, extend and enlarge the systems as parts of the Evergreen
System and 'the Farmington System and the provisions of the Evergreen Agreement and of the Farmington
Agreement, to the extent not specifically amended or eliminated hereby, saall apply to the total
systems when completed and placed in operation and shall continue in full effect including any
rights now or hereafter existing by contract on behalf of the systems by the County with the City of
Detroit and/or the County of Wayne relative to treatment or transportation of sanitary wastewater
and other pollution control activities.
10. Upon completion of the Project the County and the City hereby agree that the operation
and maintenance of all of the facilities of the systems shall be carried on and continued in the
same fashion and manner as integral parts of the systems as provided in paragraph 4 hereof and as
53
Commissioners Minutes Continued. February 28, 1991
are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement
with costs thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available from the State or Federal governments or
any other source, the City hereby agrees to adopt such resolutions or ordinances as may be recuired
by State or Federal laws, regulations or orders to make the County of Oakland and the systems and
Districts eligible to accept and receive the grant, advance or payment, and if the terms of the
grant, advance or payment require a local contribution, the City hereby agree to raise and
contribute its share thereof as herein provided.
The County shall have no obligation or responsibility for providing facilities except
as herein expressly provided with respect to the acquisition of the Project or as otherwise provided
by Contract. The City shall have the authority and the responsibility to provide suce other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connnecting the same to tee systems, and otherwise improving
the systems. It is expressly agreed, nevertheless, that no such connection shall be made to the
systems anC no improvements, enlargements or extensions thereof shall be made without first securing
a permit therefor from the County Agency. Any such permit may be made conditional upon inspection
and approval of new construction by the County Anency. It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage only and that the City shall taKe all
necessary action to prevent entry into the systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of
such a character as to be injurious to the system or to the public health and safety.
12. All powers, duties and functions vested by this contract in the County shall be
exercised anc performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract.
13. In the event that any one or more of the provisions of this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceahility shall not affect any other provisions hereof, but this Contract shall be
construed as if suce invalid, illegal or unenforceable provision has never been contained herein.
14. This Contract shall become effective upon its execution by each party hereto. This
Contract shall terminate forty 140) years from the date hereof or on such earlier date as shall
be mutually agreed. The provisions of this Contract shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto nave caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
parties, all as of the day and year first above written.
CITY OF AUUURN NIOLS
By •
Mayor
By By City Clerk County Drain Commissioner (County Agency)
3. CONFLICTING RESOLUTION. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are hereby rescinded,
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by Wolf the resolution be adopted.
AYES: Krause, McConnell, McCu;locn, McPherson, Millard, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Price, Serra, Skarritt, Wolf, Aaron, Caedell, Crake, Ferrens, Gosling, Huntoon, Jensen,
Johnson. (22)
NAYS: Nore. (0)
COUNTY OF OAKLAND
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91035
py Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES - CITY OF FARMINGTON CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Resolution No. 7614, adopted Septemeer 2, 1976, the County established by
consolidation acd merger under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage disposal improvements and services to serve the areas and the districts
heretofore designated and described in Oakland County, M',chigan, in Resolutions No. 3269, 3435 and
4115 as the Evergreen District and in Resolutions N. 3270 and 3339 as the Farmington DiStriet.
which consolidated and merged system as so establisned was designated as the "Evergreen and
Farmington Sewage Disposal Systems" (the "Systems":) and the Oakland County Drain Commissioner was
designated and appointed as tie "County Agency" for the Systems for the acquisition, construction
SI
m•
I.
Ummissioners Minutes Continued. February 28, 1991 54
and financing of new facilities with all the powers and duties with respect to the acquisition,
construction and financing of facilities for the Systems as are provided by law and especially by
Said Act 342; and
WHEREAS the County is the lead applicant and has made and will make applications for Federal
and State grants for the planning, design, contracting and construction of the additional facilities
to enlarge, extend and relieve the Systems as shown on Exhibit A and Project Exhibit B set forth in
the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities City of Farmington
Contract hereto attached and incorporated herein, (herein the "Contract") and will coordinate and
supervise the compliance with and performance of conditions and terms of said grants; and
WKEREAS in order to obtain grants, and in order to enlarge, extend and relieve the Systems
and to provide additional facilities and capacities for the transportation and treatment of sanitary
sewage emanating from the service areas of the Systems in the several municipal jurisdictions of the
County and to abate and control pollution and polluting discharges and to comply with requirements
imposea by the United States Environmental Protection Administration and the Michigan Department of
Natural Resources, it was necessary that the County and fifteen of its Municipalities enter into a
Contract entitled Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract
Concerning Wastewater Treatment and Pollution Control Systems, dated as of September 30, 1989,
(herein "Intermunieipal Contract") which provides for construction of and service by the existing
facilities and by additional facilities described, particularly by reference to the Exhibits to the
Intermunicipal Contract and herein described in the Contract hereto attached and ty this reference
incorporated herein, which additional facilities as described On Exhibit A and Project Exhibit B to
the Contract attached hereto, are called the "Project"; and
WHEREAS final plans for the Project described in Exhibit A and Project Exhibit B attached to
the form of Contract attached hereto and also estimates of the cost of such Project and the period
of usefulness thereof have been prepared by flubbell, Roth & Clark, Inc. (hereinafter sometimes
referred to as the "Consulting Engineers") and have been heretofore approved by the Board cf
Comeiesioners of the County, said estimates being set forth in Project Exhibit B to the form of
Contract attached hereto; and
WHEREAS there is herewith submitted to this Board of Commissioners the Contract attached
hereto between the County, by and through the County Drain Commissioner, County Agency, party of the
first part, and the City named in said Contract, party of the second part, which Contract provides
for the repayment of an advance by the County of money for the acquisition, construction and
financing of the Project pursuant to Act 342, which Contract, is hereinafter set forth in full.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND MINTY, MICHIGAN as
follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of the cost of the Project
described on Project Exhibit B to the Contract and the estimate of 40 years and upwards and the
period of usefulness thereof have been heretofore submitted to this Board of Commissioners and
approved and adopted. The amount to be paid by the City of Farmington as set forth on Exhibit B-1
to the Contract submitted herewith, is hereby approved and adopted.
2. APPROVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal System Pollution
Control Facilities City of Farmington Contract, eatee as of February 1, 1991, between the County, by
and through the County Drain Commissioner, party of the first part, and the City named in said
Contract, party of the second part, which Contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute and deliver the same for and on behalf of the County, in as many
counterparts as may be deemed advisable, after the Contract has been executed by the appropriate
officials of the City. Said Contract reads as fellows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
CITY OF FARMINGTON
CONTRACT
THIS CONTRACT, made and entered into -ii—g—The first day of February, 1991, by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referrea
to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF FARMINGTON, a Home Rule City corporation in said County and state (hereinafter
sometimes referred to as the "City"), party of the second part.
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by resolution, Misc. No. 3249, adopted
August 12, 1957, as amended by resolution. Misc. No. 3435, adopted October 13, 1958, did approve the
establishment of the Evergreen Sewage Disposal system (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which
District are included areas in each of the municipal corporations hereinafter named; and
'NHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, cated November 10, 1958,
as amended by ameneatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and
Troy, the Village of Westwocd (now Village of Beverly Hills), and the Townships ef Bloomfield and
Pontiac, municipal corporations in said County of Oakland, the said County acting through its
Department of Public Works, did acquire the original Evergreen Sewage Disposal system and did
finance such acquisition by the issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said Agreement, as amended
55
Commissioners Minutes Continued. February 28, 1991
(herein referred to as the "Evergreen Agreement"); ane
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. Ace 4115, adopted March
6, 1963, did enlarge the Evergreen District to include all of the Village of Franklin and all of the
Village of Bingham Farms within the area to be served by the Evergreen System; and
WhEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, did approve the
establishment of the Farmington Sewage Disposal System (herein called the "Farmington System') to
serve the Farniogton Sewage Disposal District (herein called the "Farmington District") within which
District are included areas in each of the municipal corporations hereinafter named; and
WhERLAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957.
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield
and Farmington riow City of Farmington Hills), municipal corporations in said County of Oakland, the
said County acting thru its Department of Public Works, did acquire the original Farmington Sewage
Disposal System and did finance such acquisition by the issuance of bonds in anticipation of
payments to be made by said municipal corporations to the County in accordance with the provisions
of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Toweship of Farmington the City of Farmington
has become a user of the Farmington System an hes area included in the Farmington District; and
WHEREAS by contractual relationships with members of the Farmington System, the City vef
Sylvan Lake and the City of Orchard Lake Villaee have become users of the Farmington System; and
WHEREAS the Stete of Michigan Department of Natural Resources designated the are and
districts served by the Oakland County Evergreen and Farmineton Seezge Disposal Syttes as a sirg 7 e
plar of study area for the purposes of Step : Facilities Planning and determined teat there is a
need to obtain studies, reports, plans are estimates for the abatement of polluticn, control of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the
Farmington Sewage Disposal District, wnich system as so established was designated as the "Evergreen
and Farmington Sewage Disposal System" and the Oakland County Drain Commissioner was designated and
appointed as tne "County Agency" for said County systems with all the powers and duties with respect
to said County systems as are provided by law arid especially by said Act 342; and
WHEREAS under and subject to tne terms of Act 342, the County was authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as the County systems. the County and the townships, villages ard
cities were autnorized to enter into contracts, as hereinafter provided, for the acquisition ard
construction of the systems by the County whicg Contract is entitled Evergreen and Farmington Sewage
Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control
Projects, dated as of September 30, 19B9, and executed and delivered by the County and this City and
fourteen other municipalities in the Districts and the Systems therein described (herein the
"Intermunicipal Contract"),
WHEREAS the County acting pursuant to the Intermunicipal Contract with the townships, cities
and villages served by the County systems has proceeded with acquisition and construction of
facilities using a combination of Federal and State grant moneys and County bands and local funds as
needed for parts of the proposed Pollution Control Facilities as shown on Exhibit "A" hereto
attached and the County Agency has obtained plans for such parts of the County systems and also an
estimate of $16,430,000 as the total cost thereof and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of whicn have been prepared by Hubbell, Roth & Clare, inc.
(hereinafter sometimes referred to as the consulting engineers) said estimates being set forth in
Project Exhibe'et 13 hereunto attached; and
WHEREAS as shown on said Project Exhibit B a portion of the cost of said Project was paid by
a cash advance in the amount of $1,860,000 which amount was temporarily advanced in part by the
Cities of Southfield and Farmington Hills and of which amount this City is obligated to
make reimbursement to the County and in addition to pay to the County its share of administrative
costs, all as shown on Exhibit B-I hereto attached and by this reference made a part hereof, anG it
is necessary for the parties hereto to enter into this Contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS;
i. The parties hereto do hereby approve and ratify the establishment, acquisition,
construction and financing of the Evergreen and Farmington Sewage Disposal Systems, as provided in
the Intermunicipal Contract, under and pursuant to Act 342. The City by way of compliance with
Section 29, Article VII, Michigan Constitution of 1963, consent and agree to the establishment and
location of the systems within its corporate boundaries ane to the use by the County of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
systems and any improvements, enlargements or extensions thereof, and the City further agrees that,
in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver
to the County such grants of easement, right-of-way, license, permit or consent as may be requested
Commissioners Minutes Continued. February 28, 1991 56
by the County
2. The Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities
acquired, constructed and financed hereunder shall consist of the facilities shown on Exhibit A
which is hereunto attached and which is hereby made a part hereof, and as are more particularlYe Set
forth in the plans which have been prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are hereby approved and adopted. The particular facilities
herein involved are as follows:
Segment #1 Stage 2(E) and Stage 20e)
These segment stages are herein sometimes referred to as the 'Project'. The estimate of cost of the
Project and the estimate of period of usefulness thereof as set forth in Project Exhibit B are
likewise hereby approved and adopted.
3. The County hereby asserts that it has secured, and will maintain during the period of
construction adequate property damage and public liability insurance covering all "acil e facilities to be constructed in the City pursuant to this Contract. All policies and memoranda of insurance shall
provide that tne County and the City shall be insured parties thereunder and shall contain a
provision requiring that the City be notified at least ten days prior to cancellation thereof. One
copy of each policy and memorandum of insurance shall be filed with the City.
4. It is understood and agreed by the parties hereto that the systems facilities are to
serve the City and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the City. It is the responsibility of the City to require
connection to and use of the facilities of the systems and to provide such additional facilities, as
may be needed, so that the City shall cause to be constructed and maintained, directly or through
the County, any such necessary additional facilities. The County shall not be obligated hereunder
to acquire or construct any facilities other than those designated in paragraph 2 hereof.
5. The City shall pay to the County on or before April 1, 1991, as its share of the total
cost of the Project, (less such funds as may become available from Federal and/or State grants or
from other sources) the amount shown on Exhibit 8-1.
6, In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the system shall exceed the estimated cost,
whether as the resEt of variations or changes permitted or needed to be made in the approved plans
or otherwise, then (without execution of any further Contract or amendment of this Contract) the
Council of the City may, by resolution adopted within fifteen days after the receipt of
notification of such increaee, direct that a portion of the Project not yet acquired or constructed
and not under contract to acquire or construct be deleted sufficient to reduce tee total ccst to an
amount wnich snall not exceed the total estimated cost of the Project, as hereinbefore stated, by
more than 52; provided that such deletion shall not materially change or terminate the eligibility
of the Project for Federal and/or State grants, or change the general scope, overall design, and
purpose of the Project. In the adoption of such a resolution the City shall pay or procure the
payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an
increased or adcitional amount shall (upon adoption of an authorizing resolution therefor by the
Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds
therefor are not available from ether sources. Where the effect of any increase in estimated cost
of the Project or of any excess of actual cost over estimated cost would be to cause the total cost
of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County
shall not enter into any new or further contract or change order for acquisition or construction of
the Project or any part thereof or incur any new or further obligation for or pay any new or further
item of cost thereof until the Council of the City shall have adopted a resolution approving such
increase or excess and agreeing that the same (or such part thereof as is not available from other
sources) shall be paid or its payment procured by the City in cash or be defrayed by the issuance of
increased or additional County bonds in anticipation of increased or additional payments agreed to
be made by the City to the County in the manner hereinbefore provided: Provided, further, that the
adoption of such resolution by the Council of the City shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the County, if the County has previously
issued or contracted to Sell bonds to pay all or part of the cost of the Project and the issuance of
the additional bonds is necessary (as determined by the County) to pay such increased, additional or
excess costs as are essential to completion of the Project according to the plans as last approved
prior to the time when the previous bonds were issued or contracted to be sold.
7. In the evert that the actual cost of the Project is less than the total estimated cost,
then any surplus available to the County shall, at the option of the Commission of the City, be used
either to improve, enlarge or extend the systems in the City, provided that such surplus shall be
used to improve, enlarge or extend the systems only if authorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by 'oath payments to be made by the City, or by the proceeds of aeditional County bonds,
or such improvements, enlargements or extensions may be financed entirely from such cash payments,
where authorized by the couecils of the City,
8. Should the City fail for any reason to pay the County at the time specified, the amounts
herein required to be paid, the City does hereby authorize the State Treasurer or other official
charged with the disbursement of unrestricted state funds returnable to the City pursuant to the
57
Commissioners Minutes Continued. February 28, 1991
Michigan constitution to withhold sufficient funds to make up any default or deficiency in funds.
The foregoing shall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of the City.
9. As shown on Exhibit A, the Pollution Control Facilities to be acquiree by completion of
the Project are to supplement, improve, extend and enlarge the systems as parts of the Evergreen
System and the Farmington System and the provisions of the Evergreen Agreement and of the Farmington
Agreement, to tne extent not specifically amended or eliminated hereby, shall apply to the total
systems when completed and placed in operation and shall continue in full effect including any
rights now or hereafter existing by contract on behalf of the systems by the County with the City of
Detroit and/or the County of Wayne relative to treatment or transportation of sanitary wastewater
and other pollution control activities.
10. upon completion of the Project the County and the City hereby agree that the operation
and maintenance of all of the facilities of the systems shall be carried on and continued in the
same fashion and manner as integral parts of the systems as provided in paragrapn 4 nereof and as
are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement,
with costs thereof Dilled, collected and paid as at present.
If a grant. advance or payment becomes available from the State or Federal governments or any other source, the City hereby agrees to adopt such resolutions or ordinances as may be reouired
by State or Federal laws, regulations or orders to make the County of Cakland and the systems and
Districts eligible to accept and receive the grant, advance or payment, and if the terms of the
grant, advance or payment require a local contribution, the City hereby agree to raise and
contribute its share thereof as herein provided.
11. The County snall have no obligation or responsibility for providing facWties except
as herein expressly provided with respect to the acquisition of tOle Project or as otherwise provided by Contract. The City shall have the authority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connnecting the same to the systems, an otherwise improving
the systems. It is expressly agreed, nevertheless, that no such connection shall be made to the
systems and no improvements, enlargements or extensions thereof shall be made without first securing
permit therefor from the County Agency. Any such permit may be made conditional upon inspection
and approval of new construction by the County Agency, It is further agreed that the systems shall
be used for collection and conveyance of sanitary sewage only and that the City shall take all
necessary action to prevent entry into the systems of storm waters (except as permitted in the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or Wastes of
such a character as to be injurious to the system or to the public health and safety,
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract.
13. In the event that any one or more of the provisions of this Contract shall for any
reason be held to 0e invalid, illegal or unenforceable in any respect, suon invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this Contract shall be
construed as if Such invalid, illegal or unenforceable provision has never been containee herein.
14. This Contract shall become effective upon its execution by each party hereto. This
Contract shall terminate forty (40) years from the date hereof or on Such earlier date as shall
be mutually agreed. The provisions of this Contract shall inure te the benefit of and be binding
upon the sLiccessers and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of sucn
parties, all as of the day and year first above written.
CITY OF FARMINGTON COUNTY OF OAKLAND
By
Mayor
By By
City Glen( , County Drain Commissioner
(County Agency)
3. CONFLICTING RESOATION. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are hereby rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee. I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by Oaks the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Papageorge, Pernick,
Rewold, Serra. Skarritt, Wolf. Aaron, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson. Krause. 12U
NAYS: None. (0)
1
Comeissioners Minutes Continued, February 28, 1991 5B
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91036
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES - CITY OF LATHRUP VILLAGE CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Resolution No. 7674, adopted September 2, 1976, the County established by
consolidation and merger under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage disposal improvements and services to serve the areas and the districts
heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269, 3435
and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District,
which consolidated and merged system as so established was designated as the 'Evergreen and
Farmington Sewage Disposal Systems" (the "Systems";) and the Oakland County Drain Commissioner was
designated and appointed as the "County Agency" for the Systems for the acquisition, construction
and financing of new facilities with all the powers and duties with respect to the acquisition,
construction and financing of facilities for the Systems as are provided by law and especially by
said Act 342; and
WHEREAS the County is the lead applicant and has made and will make applications for Federal
and State grants for the planning, design, contracting and construction of the additional facilities
to enlarge, extend and relieve the Systems as shown on Exhibit A and Project Exhibit B set forth in
the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities City of Lathrup
Village Contract hereto attached and incorporated herein, (herein the "Contract") and will
coordinate and supervise the compliance with and performance of conditions and terms of said grants;
and
WHEREAS in order to obtain grants, and in order to enlarge, extend and relieve the Systems
and to provide additional facilities and capacities for the transportation and treatment of sanitary
sewage emanating from the service areas of the Systems in the several municipal jurisdictions of the
County and to abate and control pollution and polluting discharges and to comply with requirements
imposed by the United States Environmental Protection Administration and the Michigan Beeartment of
Natural Resources, it was necessary that the County and fifteen of its Municipalities enter into a
Contract entitled Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract
Concernine Wastewater Treatment and Pollution Cortrol Systems, dated as of September 30, 1989,
(herein "Intermunicipal Contract") which provides for construction of and service by the existing
facilities and by additional facilities described, particularly by reference to the Exhibits to the
Intermunicipal Contract and herein described in the Contract hereto attached and by this reference
incorporated herein, which additional facilities as described on Exhibit A and Project Exhibit 3 to
the Contract attached hereto, are called the "Project"; and
WHEREAS final plans for the Project described in Exhibit A and Project Exhibit B attached to
tie form of Contract attachec hereto and also estimates of the cost of such Project and the period
of usefulness thereof nave been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes
referred to as the "Consulting Engineers") and have been heretofore approved by the Board of
Commissioners of the County, said estimates being set forth in Project Exhibit B to the form of
Contract attached hereto; and
WHEREAS there is herewith submitted to this Board of Commissioners the Contract attached
hereto between the County, by and through the County Drain Commissioner, County Agency, party of the
first part, and the City named in said Contract, party of the second part, which Contract provides
fer the repayment of an advance by the County of money for the acquisition, construction and
financing of the Project pursuant to Act 342, which Contract, is hereinafter set forth in full,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN as
follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of the cost of the Project
described an Project Exhibit B to the Contract and the estimate of 40 years and upwards and the
period of usefulness thereof have been heretofore submitted to this Board of Commissioners and
approved and adopted. The amount to be paid by the City of Lathrup Village as set forth on Exhibit
8-1 to the Contract submitted herewith, is hereby approved end adopted.
2. APPROVAL OF CONTRACT, The Evergreen and Farmington Sewage Disposal System Pollution
Control FacTifties City of TETErop Village Contract, dated as of February 1, 1991, between the
County, by and through the County Crain Commissioner, party of the first part, and the City Gamed in
said Contract, party of the second part, which Contract has been submitted to this Board of
Commissioners, be anc the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute and deliver the same for and on behalf of the County, in as many
counterparts as may be deemed advisable, after the Contract has been executed by the appropriate
officials of the City. Said Contract reads as follows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES
CITY OF LATHRUP VILLAGE
CONTRACT
THIS CONTRACT, made and entered into as of the first day of February, 1991, by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part,
1
s:
59
Commissioners Minutes Continued. February 28, 1991
and the CITY OF LATHRUP VILLAGE, a Hume Rule City corporation in said County and state (hereinafter
sometimes referred to as the "City"), party of the second part.
W1TNESSETH:
WHEREAS, the Oakland County Board of Supervisors by resolution, Misc. No. 3269, adopted
August 12, 1957, as amended by resolution, Misc. No. 3435, adopted October 13, 1958, did approve the
establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal District (berein called the 'Evergreen District"), within which
District are included areas in each of the municipal corporations hereinafter named; ard
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1956,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and
Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield and
Pontiac, municipal corporations in said County of Oakland, the said County acting through its
Department of Public Works, did acquire the original Evergreen Sewage Disposal System and did
finance such acquisition by tae issuance of bonds in anticipation of payments to be made by said
municipal corporations to the County in accordance with the provisions of said Agreement, as amended
(herein referred to as :he "Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115, adopted Maron
6, 1963, did enlarge the Evergreen District to include all of the Village of Franklin and all of the
Village of Bingham Farms within the area to be served by the Evergreen System; and
WHEREAS tle Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted
August 12, 1957, as amended by resolution, Misc. No. 333, adopted January 24, 1958, did approve the
establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") tu
serve the Farmington Sewage Disposal District (herein called the 'Farmington District') within which
District are included areas in each of the municipal corporations hereinafter named; and
WhEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1. 1957,
as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the
County of Oakland and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield
and Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the
said County acting thru its Department of Public Works, did acquire the original Farmington Sewage
Disposal System ard did finance such acquisition by the issuance of bonds in anticipation of
payments to be maee by said municipal corporations to the County in accordance with the provisions
of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the City of Farmington
has become a user of the Farmington System and has area included in the Farmington District; and
WHEREAS by contractual relationships with members of the Farmington System, the City of
Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and
WHEREAS the State of Michigan Department of Natural Resources designated the areas and
districts served by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single
plan of study area for the purposes of Step I Facilities Planning and determined that there is a
need to obtain studies, reports, plans anC estimates for the abatement of pollution, corstro ., of
pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage
Disposal Systems; and
WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan,
1939, as amended, a system of sewage disposal improvements and services to serve the areas and the
districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3265,
3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions Nu. 3270 and 3339 as the
Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen
anC Farmington Sewage Disposal System" and the Oakland County Drain Commissioner was cesigaated and
appointed as the "County Agency" for said County systems with all the powers and duties with respect
to said County systems as are provided ay law and especially by said Act 342; and •
WHEREAS under and subject to the terms of Act 342, the County was authorized, through the
County Agency, to acquire and construct the sewage disposal improvements and pollution control
facilities hereinafter described as the County systems, the County and the townships, villages and
cities were authorized to enter into contracts, as hereinafter provided, for the acquisition and
construction of the systems by the County which Contract is entitled Evergreen and Farmington Sewage
Jisnosal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control
Projects, dated as of September 30, 1989, and executed ana delivered by the County and this City anc
fourteen other municipalities in the Districts and the Systems therein described (herein the
"Intermunicipal Contract").
WHEREAS the County acting pursuant to the Intermunicipal Contract with the townships, cities
and villages served by the County systems has proceeded with acquisition and construction of
facilities using a combination of Federal and State grant moreys and County bonds and local funds as
needed for parts of the proposed Pollution Control Facilities as shown on Exhibit "A" hereto
attached and the County Agency has obtained plans for such parts of the County systems and also an
estimate of $16,430,000 as the total cost thereof and an estimate of forty (40) years and upwards as
the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as the consulting engineers) said estimates being set forth in
Project Exhibit B hereunto attached; and
WHEREAS as shown on said Project Exhibit B a portion of the cost of said Project was paid by
a cash advance in the amount of $1,860,000 which amount was temporarily advanced in part of the
Cities of Southfield and Farmington Hills and of which amount this City is obligated to
- Commissioners Minutes Continued. February 28, 1991 60
1
I.
make reimbursementto the County and in addition to pay to the County its share of administrative
costs, all as shown on Exhibit B-1 hereto attached and by this reference made a part hereof, and it
is necessary for the parties hereto to enter into this Contract,
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and ratify the establishment, acquisition,
construction and financing of the Evergreen and Farmington Sewage Disposal Systems, as provided in
the Intermunicipal Contract, under and pursuant to Act 342. The City by way of compliance with
Section 29, Article VII, Michigan Constitution of 1963, consent aria agree to the establishment and
location of the systems within its corporate boundaries and to the use by the County of its streets,
highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the
systems and any improvements, enlargements or extensions thereof, and the City further agrees that,
in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver
to the County such grants of easement, right-of-way, license, permit or consent as way be requested
by the County.
2, The Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities
acquired, constructed and financed hereunder shall consist of the facilities shown on Exhibit A
which is hereunto attached and which is hereby made a part hereof, and as are more particularly set
forth in the plans which have Deen prepared and submitted by the consulting engineers, which plans
are on file with the County Agency and are hereby approved aria adopted, The particular facilqies
herein involved are as follows:
Segment el Stage 2(E) and Stage 2(W)
These segment stages are herein sometimes referred to as the 'Project". The estimate of cost of the
Project and the estimate of period of usefulness thereof as set forth in Project Exhibit B are
likewise hereby approved anc adopted.
3. The County hereby asserts that it has secured, and will maintain during the period of
construction adequate property damage and public liability insurance covering all facilities to be
constructed in the City pursuant to this Contract. All policies and memoranda of insurance shall
provide that the County and the City shall be insured parties thereunder and shall contain a
provision recuiring that the City be notified at least ten days prior to cancellation thereof. Ore
copy of each policy and memorandum of insurance shall be filed with the City.
4. It is uneerstood and agreed by the parties hereto that the systems facilities are to
serve the City and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the City, It is tie responsibility of the City to require
connection to and use of the facilities of the systems and to provide such additional facilities, as
may be needed, so that the City shall cause to be constructed and maintained, directly or through
the County, any such necessary additional facilities. The County shall not be obligated hereunder
to acquire or construct any facilities other than those designated in paragraph 2 hereof.
5. The City shall pay to the County on or before April 1, 19e1, as its share of the total
cost of the Project, (less such funds as may become available from Federal and/or State grants or
from other sources) the amount shown on Exhibit 8-1.
6. In the event that it shall become necessary to increase the estimated cost of the
Project as hereinbefore stated, or if the actual cost of the system shall exceed the estimated cost,
whether as the result of variations or changes permitted or needed to be made in the approved plans
or otherwise, then (without execution of any further Contract or amendment of this Contract) the
Council of the City may, by resolution adopted within fifteen days after the receipt of
notification of such increase, direct that a portion of the Project not yet acquired or constructed
and not urdee contract to acquire or construct be deleted sufficient to reduce the total cost to an
amount whicn shall not exceed the total estimated cost of the Project, as hereinbefore stated, by
more than 5%; provided that such deletion shall not materially change or terminate the eligibility
of the Project for Federal and/or State grants. or change the general scope, overall design, and
purpose of the Project. In the adoption of such a resolution the City shall pay or procure the
payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an
increased or additional amount shall (upon adoption of an authorizing resolution therefor by the
Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds
therefor are not available from other sources. Where the effect of any increase in estimated cost
of the Project or of any excess of actual cost over estimated cost would be to cause the total cost
of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, the County
shall not enter into any new or further contract or change order for acquisition or construction of
the Project or any part thereof or incur any new or further obligation for or pay any new or further
item of cost thereof until the Council of the City shall have adopted a resolution approving such
increase or excess and agreeing that the same or such part thereof as is not available from other
sources) shall be paid or its payeent procured by the City in cash or be defrayed by the issuance of
increased or additional County bonds in anticipation of increased or additional payments agreed to
be made by the City to the County in the manner hereinbefore provided: Provided, further, that the
adoption of such resolution by the Council of the City shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the County, if the County has previously
issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of
the additional bonds is necessary (as tetermined by the County) to pay such increased, additional or
excess costs as are essential to completion of the Project according to the plans as last approved
prior to the time when the previous bonds were issued or contracted to be sold.
61
Commissioners Minutes Continued. February 28, 1991
7. In the event that the actual cost of the Project is less than the total eetimated cost,
then any surplus available to the County shall, at the option of the Commission of the City, be used
either to improve, enlarge or extend the systems in the City, provided that such surplus slier be
used to improve, enlarge or extend the systems only if auteorized by the Board of Commissioners.
Any such surplus may, for the purpose of improving, enlarging or extending the systems, be
supplemented by cash payments to be edee by the City, or by the proceeds of additional County bonds,
or such improvements, enlargements or extensions may be financed entirely from such cash payments,
where authorized by the councils of the City.
8. Should the City fail for any reason to pay the County at the time specified, the amourts
herein required to be paid, the City does hereby authorize the State Treasurer or other official
charged wite the disbursement of unrestricted state funds returnable to the City pursuant to the
Michigan constitutiOn to witnhold sufficient funds to make up any default or deficiency in funds.
The foregoing shall not operate to limit the County's right to pursue any ()tier legal
remedies for the reimbursement of moneys advanced on account of the default of the City.
9. As shown on Exhibit A, the Pollution Control Facilities to be acquired by completion of
the Project are to supplement, improve, extend and enlarge the systems as parts of the Evergreen
System and toe Farmington System and the provisions of the Evergreen Agreement and of the Farmington
Agreement, to the extent not specifically amendee or eliminated hereby, shall apply to the total
systems when completed and placed in operation and shall continue in full effect including any
rights now or hereafter existing by contract on behalf of the systems by the County with the City of
Detroit and/or the County of Wayne relative to treatment or transportation of sanitary wastewater
and other pollution metro] activities.
10. upon completion of the Project the County and the City hereby agree tnat the operation
and maintenance of all of tne facilities of the systems shall be carried on and continued in the
same fashion and manner as integral parts of the systems as provided in paragraph 4 hereof and as
are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreereet,
with costs tnereof billed, collected and paid as at present.
:f a grant, advance or payment becomes available from the State or Federal governments or
any other source, the City hereby agrees to acopt such resolutions or ordinances as may be required
by State or Federal laws, regulations or orders to make the County of Oakland and the systems and
Districts eligible to accept and receive the grant, advance or payment, and if the terms of the
grant, advance or payment require a local contribution, the City hereby agree to raise and
contribute its share :hereof as herein providec.
11. The County shall have no obleation or responsibility for providing facilities except
as herein expressly provided with respect to the acquisition of the Project or as otherwise provided
by Contract. The City shall have the 41thority and the responsibility to provide such other
facilities and shall have the right to expand the facilities of the systems by constructing or
extending sewers or related facilities, connnectiog the same to the systems, and otherwise improving
the systems. It is expressly agreed, nevertheless, that no sucn connection shall be made to the
systems and no improvements, enlargements or extensions thereof shall be made without first securing
a permit therefor from the County Agency. Any such permit may be made conditional upon irspectiori
and approval of new construction by the County Agency, It is further agreed that tne systems snall
be usee for collection anC conveyance of sanitary sewage only and that the City shall take all
necessary action to prevent entry into the systems of storm waters (except as permitted le the
Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of
such a character as to be injurious to the system or to the public health and safety.
12. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract.
13. In the event that any one or more of the provisions of this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or enenforceability shall not affect any other provisions hereof, but this Contract shier be
construed as if sucn invalid, illegal or unenforceable provision has never been contained herein.
14. This Contract snail become effective upon its execution by each party hereto. This
Contract shall terminate forty OW years from the date hereof or on such earlier date as shall be
mutually agreed. The provisions of this Contract shall inure to the benefit of and be binding upon
the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties nereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by tne respective governing bodies of such
parties, all as of the day and year first above written.
CITY CS: LATKRUP VILLAGE COUNTY OF OAKLAND
By
Mayor
By By
City Clerk County Drain Commissioner
(County Agency)
3. CONFLICTING RESOLUTION. All resolutions and parts of resolutions insofar as they may
be in conflict herewith are hereby rescinded.
Mr. Chairperson, on behalf cf the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING CCMMITTEE
Larry Crake, Chairperson
to
I.
Commissioners Minutes Continued, February 28, 1991 62
Moved by Crake supported by Olsen the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt. Olsen, Pappageorge, Pereick, Rewold, Serra,
Skarritt, Wolf, Aaron, Caddell, Crake, Ferrene, Gosling, Huntoon, Johnson, Krause, McConnell. (20)
NAYS: None. (0)
A sufficient majority having voted therefer, the resolution was adopted.
Misc. 91037
By Planning and Building Conmittee
IN RE: Drain Commissioner - CITY OF ORCHARD LAKE VILLAGE WATER SUPPLY SYSTEM RESOLUTION TO
ESTABLISH SYSTEM AND APPROVE CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it has become necessary for the public health to acquire and construct water supply
facilities to serve the City of Orchard Lake Village (the "City"); and
WHEREAS, by the terms of Act 342, Public Acts of Michigan, 1939, as amended ('Act 342), the
County of Oakland (the "County") and the City are authorized to enter Into a contract for the
acquisition, construction and financing of the City of Orchard Lake Village Water Supply System
consisting of water supply facilities to serve the City and tle payment of the cost thereof by tee
City, with interest, and the County is then authorized to issue its bonds to provide the funds
necessary therefor; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract between
tee County, by ard through the County Drain Commissioner, County Agency, party of the first part,
and the City, party of the second part (the "Contract"), which Contract provides for the
acquisition, construction and financing of the City of Orchard Lake Village Water Supply System, and
which Contract is hereinafter set forth in full; and
WHEREAS there also have eeen submitted for approval and adoption by this Boare of
Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness
of the City of Orchard Lake Village Water Supply System.
THEREFORE BE IT RESOLVEJ BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners
by majority TroTe—o-f its members-elect hereby authorizes and directs that there be established, and
there hereby is established, under and pursuant to Act 342, a system of water supply facilities to
be known as the "City of Orchard Lake Village Water Supply System," which shall consist of water
supply facilities to serve the City as specified and to be located as shown in Exhibit A to the
Contract: that the Oakland County Drain Commissioner is designated and appointed as the "County
Agency" for the City of Orcnard Lake Village Water Supply System; that the County Agency shall have
all the powers and duties with respect to the City of Orchard Lake Village Water Supply System as
are provided by law and especially by Act 342; and that all obligations incurred by the County
Agency with respect to the City of Orchard Lake Village Water Supply System, unless otherwise
authorized by this Board of Commissioners, shall be payable solely from funds derived from the City
in accordance witn the Contract.
2. PLANS AND SPECIFICAT:ONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary
plans and speTifiTitio-fli-fer the City of Orchard rirE-VTITTe7F-ATaT-Supply System and the estimates
of $6,000,000 as the cost thereof and of 40 years and upwards as the period of usefulness thereof,
as submitted to this Board of Commissioners, be and the same are approved and adopted.
3. APPROVAL OF CONTRACT. The City of Orchard Lake Village Water Supply System Contract
dated as of November 1, -79-9b-Etween the County, by and through the County Drain Commissioner.
County Agency, party of the first part, and the City, party of the second part, which Contract has
been submitted to this Board of Commissioners, be and the same is approved and adopted, and tne
County Drain Commissioner is authorized and directed to execute and deliver the same for and on
behalf of the county, in as many counterparts as may be deemed advisable, after the Contract has
been executed by the appropriate officials of the City. The Contract reads as follows:
CITY OF ORCHARD LAKE VILLAGE
WATER SUPPLY SYSTEM CONTRACT
THIS CONTRACT, made and entered into as of the first day of November, 1990 by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF ORCHARD LAKE VILLAGE, a City located in the County (hereinafter sometimes referred
to as the "City"), party of the second part.
WITNESSETH:
WHEREAS, pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter
sometimes referred to as "Act 342"), the Board of Commissioners of the County, by majority vote of
its members-elect, has authorized and directed that there be established a County system of water
supply improvements and services to serve the City, said system to be known as the "City of Orchard
Lake Village Water Supply System" (hereinafter sometimes referred to as the "System"), and has
designated the Oakland County Drain Commissioner as the County Agency for the System with all powers
and duties with respect thereto as are provided by Act 342 (said Drain Commissioner being
hereinafter sometimes referred to as the "County Ales-my"); and
WHEREAS, under and subject to the terms of Act 342, the County is authorized, through the
County Agency, to acquire and construct the water supply facilities hereinafter describeC as
constitutine the System, the County aria the City are authorized to enter into a contract for the
acquisition and construction of the system by the County and for financing all or part of the cost
thereof by the issuance of Oonds by the County secured by the pledge of the full faith and credit of
1
63
Commissioners Minutes Continued. February 28, 1951
the City to pay such cost with interest to the County in installments extending over a period not
exceeding forty (40} years and the County is authorized to issee such bonds and to pleege Its full
faith and credit for the payment of such bonds and the interest thereon; and
WHEREAS there is an urgent need for such water supply facilities to provide water supply
services to the City and thus to promote the health and welfare of the residents thereof, which
facilities would likewise benefit the County and its residents, and the parties hereto have
concluded that such facilities can be provided and financed most economically and efficiently by tne
County through the exercise of the powers conferred by Act 342, and especially Sections 5a. 5b and
Sc thereof; and
WHEREAS preliminary plans for the System and estimates of the cost ane the period of
usefulness of the System have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes
referred to as the consulting engineers) and have been submitted to and approved by the Board of
Commissioners of the County and the Council of the City and placed on file in the office of tee
County Agency, said estimates being set forth in Exhibit 8 hereunto attached; and
WHEREAS, in order to provide for the acquisition and construction of the System by tne
County and the financing of the cost thereof by the issuance of County bonds, and for other related
matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF TPE PREMISES AND THE COVENANTS OF EACH OTHER, THE PAR1I1S
HERETO AGREE AS FOLLOWS;
1. The parties hereto hereby approve and agree to the establishment, acquisition,
construction ane financing of the City of Orchard Lake Village eater Supply System as herein
provided, under and pursuant to Act 342. The City, by way of compliance with Section 29, Article
VII, Michigan constitution of 1963, consents and agrees to the establishment anC location of the
System within its corporate boundaries and to the use by the County of its streets, highways,
alleys, lands, rights-of-way or other public places for the purpose and facilities of the System and
any improvements, enlargements and extensions thereof, and the City further agrees that, in order to
evidence and effectuate tne foregoing agreement and consent, it will execute and deliver to the
County sucn grants of easement, right-of-way, liceese, permit or consent as may be requested by the
County.
2. The system shall consist of the water supply facilities shown and described on Eehibit
A-1 which is hereento attached and which is hereby made a part hereof, and as are more particularly
set forth in the preliminary plans which have been prepared ana submitted by the consulting
engineers which plans are on file with the County Agency and are hereby approved and adopted. The
System shall be acquired and constructed substantially in accarcance with the said preliminary plans
and in accordance with final plans and specifications to be prepared and submitted by the consulting
engineers, but variations therefram which do not materially ceange the location, capacity or overaE
design of the System, and which do rot require an increase in the total estimated cost of the
System, may be permitted on the authority of the County Agency. Other variations or changes may be
made if approved by the County Agency and by resolution of the City Council and if provisions
required by paragraph 3 hereof are made for payment or financing of any resulting increase in the
total estimated cost. Upon the request of the City Council of the City and the approval of the
County agency the capacity interests and the water supply facilities described on Exhibit A-2 shall
be accuired on behalf of the City and certain corresponding water supply facilities described on
Exhibit A-1 shall not be constructed. The estimate of the cost of the System and the estimate oe
period of the usefulness thereof as set forth on Exhibit B are approved and adopted.
3. The County Agency shall take or cause to be taken all actions required or necessary, in
accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to cefray that part of the total cost oe
the System which is in excess of funds available from other sources. Such bonds shall be issued in
anticipation of, and be payable primarily from, the payments to be made by tee City to the County as
provided in this contract and shall be secured secondarily, f so voted by tee board of
Commissioners of the County, by the pledge of the full faith and credit of the County, and the said
bonds shall be payable in annual maturities the last of which shal: be rot more than forty years
from tee date thereof.
4. The County Agency shall proceed to take construction bids for the System and, sebject to
the sale and delivery of said bonds, enter into construction contracts with the lowest responsive
and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and
insurance, cause the System to be constructed within a reasonable time and do all other things
required by this contract and the laws cf the State of Michigan and the United States of America.
All certificates for required payments to contractors shall be approved by the consulting engineers
before presentation to the County Agency and the iatter shall be entitled to rely on such approval
in making payment.
The County agrees that it will secure, or cause to be secured, and maintained during the
period of ccnstruction adequate property damage and public liability insurance covering all
facilities to be constructed pursuant to this contract. All policies and memorandums of insurance
shall provide that the County and the City shall be insured parties thereunder and shall contain a
provision requiring that the City be rotified at least ten days prior to cancellation thereof. One
copy of each policy and memorandum of insurance snail be filed with the City.
5. It is uncerstood and agreed by the parties hereto that the System is to serve the City
and not the individual proeerty owners and users thereof, unless by special arrangement between the
County Agency and the City. The responsibility of requiring connection to and use of the System
and/or eroviding such additional facilities as may be needed shall be that of the City which shall
cause to be constructed and maintained, directly or through the County, any such necessary
additional facilities. The County snail not be obligated to acquire or construct any facilities
Commissioners Minutes Continued. February 28, 1991
other than those designated in paragraph 2 hereof.
6. The City shall pay to the County the total cost of the System (less such funds as may
become available from other sources), which total cost for this purpose shall include, in addition
to the items of the nature set forth in Exhibit 8 (represented by the principal amount of the bonds
to be issued by the County plus such funds as may become available from other sources), all interest
payable by the County on said bonds and all paying agent fees and other expenses and charges
(including the County Agency's administrative expenses) which are payable on account of said bonds
(such fees, expenses and charges being herein called "'bond service charges''). Such payments shall
be made to the County in annual installments which shall be due and payable at least thirty days
prior to the day of the month specified in the County bonds as the annual principal maturity date
thereof. Such an annual installment shall be so paid in each year if any principal or
non-capitalized interest on said bonds falls due during the twelve-month period beginning on such
principal maturity date in Said year, and the amount of each installment so due and payable shall be
at least sufficient to pay all such principal and interest thus falling due and all bond service
charges then due and payable. The County Agency, within thirty days after delivery of the County
bonds to the purchaser, shall furnish the City Treasurer with a complete schedule of the principal
and interest maturities thereon, and the County Agency, at least thirty days before each payment is
due to be made by the City, also shall advise the City Treasurer of the amount payable to the county
on such date. If the City fails to make any payment to the County when due, the same shall be
subject to a penalty of 1% thereof for each montn or fraction thereof that sucn amount remains
unpaid after eue. Failure of the county Agency to furnish the schedule or give the notice as above
required shall not excuse the City from the obligation to make payment when due. Such payments
shall be made oy the City when due whether or not the System has been completed or placed in
operation. In the event that additional County bonds shall be issued encer the authority of this
contract to defray a part of the cost of the system, the foregoing obligations shall apply to such
part of the cost ane to said additional bonds insofar as appropriate thereto.
7. The City may pay in advance any amount payable to the County pursuant to this contract
and in that event shall be credited therefor on future-due amounts as may be agreed by the parties
hereto. The City also may pay in advance any one or more installments or any part thereof (a) by
surrendering to the county any of said County bonds of like principal amounteer (b) by paying to the
county in cash toe principal amount of any County bonds which are subject to redemption prior to
maturity plus all interest thereon to the first date upon which such bends may be called for
redemption and all applicable call premiums and bond service charges, and in such event the County
Agency shall call said bonds for redemption at the earliest possible date; provided, however, that
such advance cash payeent and credit therefor shall be limited in amount at any given time to the
amount of bonds available for redemption by tali within the twelve-moeth period following the date
of the advance cash payment. The installments or parts thereof so prepaid shall be deemed to be the
installments or parts thereof falling due in the same calendar year as the maturity dates of the
bonds surreneered or called for redemption and bonde so surrendered or redeemed shall be cancelled.
8. In The event that it shall become necessary to increase the estimated cost of the system
as hereinbefore stated, or if the actual cost of the System shall exceed the estimated cost, whether
as the result of variations or changes permitted or needed to be made in the approved plans or
otherwise, then (without execution of any further contract or amendment of this contract) the City
Council, by resolution adopted within fifteen days after the receipt of construction bids, may
direct that a portion of the System not yet acquired or constructed and not under contract to be
acquired or constructed be deleted sufficient to reduce the total cost to an amount which shall not
exceed the total estimated cost of the Project by more than 5%; provided that such deletion shall
not change the general scope, overall design, and purpose of the System. Upon the adoption of such
a resolution the City seall pay or procure the payment of the increase or excess up to said 5% in
cash or shall agree that County bonds in an increasee ay/additional amount (upon adoption of an
authorizing resolution therefor by the Board of Commissioners) shall be issued to defray such
increased or excess cost, to the extent that funds therefor are not available from other sources.
Where the effect of any increase in the estimated cost of the System or of any excess of actual cost
over estimated cost would be to cause the total cost of the System to exceed by more than 5% its
total estimated cost as hereinbefore stated, the County shall not enter into any new or further con-
tract or change order for acquisition or construction of the System or any part thereof or incur any
new or further obligation for or pay any new or further item of cost thereof until the City Council
shall have adopted a resolution approving such increase or excess and agreeing that the same (or
such part thereof as is not available from other sources) shall be paid or its payment procured by
the City in cash or be defrayed by the issuance of increased or additional County bonds in antici-
pated of increased or additional payments agreed to be made by the City to the County in the manner
hereirbefore provided; provided, further, that the adoption of such resolution by the City Council
shall not be required prior to or as a condition precedent to the issuance of additional bonds by
the County, if the County previously has issued or contracted to sell bonds to pay all or part of
the cost of the System and the issuance of the additional bonds is necessary (as determined by the
County) to pay even increased, additional or excess costs as are essential to completion of the
system according to the plans as last approved prior to the time when the previous bonds were issued
or coetractet te be sold.
9. If the actual cost of the System is less than the total estimated cost, then any surplus
available to the County from the sale of County bonds, at the option of the City Council, shall be
used to improve, enlarge or extend the System, to apply upon future payments due to the County, to
redeem bonds or to purchase bonds on the open market, Provided that such surplus shall be used to
64
65
Commissioners Minutes Continued. February 28, 1991
improve, enlarge or extend the System only if autnorized by the Board of Commissioners. Any such
surplus, for the purpose of improving, enlarging or extending the System, may be supplemented by
cash payments to be made by the City, or such improvements, enlargements or extensions may be
financed entirely from such cash payments if authorized by the City Council. If such surplus is
used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required
to be made by the city to the County shall be reduced so as to reflect the resulting saving of
interest and the payment required to be made in the calendar year of the stated maturity of said
bonds shall be reduced by the principal amount thereof.
10. Should the City fail for any reason to pay the County at the times Specified the amounts
herein required to be paid, the City hereby authorizes the State Treasurer or other official charged
with the disbursement of unrestricted state funds returnable to the City pursuant to the Michigan
constitution to withhold sufficient funds to make ua any default or deficiency in funds. If the
full faith and credit of the County is pledged for the prompt payment of the principal of and
interest on the bonds to be issued by the County and if the County is required to advance any money
by reason of such pledge on account of the delinquency of the City, the county Treasurer is hereby
authorized to notify the State Treasurer to deduct the amount of money so advanced by the County
from any unrestricted moneys in the State Treasurer's possession belonging to the City and to pay
such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any uther legal
remedies for the reimbursement of moneys advanced on account of the default of the City,
11. The City, pursuant to the authorization of Section 5a of Act No. 342, hereby pledges its
ful7 faith and credit for the prompt and timely payment of its obligations expressed in this
contract anc each year shall levy a tax in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay its ob)igations uneer this contract
becoming due before the time of the following year's tax collections: Provided, nowever, that if at
the time of making its annual tax levy the City shall have on hand in cash other funds (including
but not limited to funds from special assessments, user charges or connection fees) which have been
set aside and pledged or are otherwise available for the payment of such contractual obligations
falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by
such amount. Taxes levied by the city shall be without limitation as to rate or amount. The city
Council each year, at least 90 days prior to the final date provided by law for the making of the
annual City tax levy, shall submit to the County Agency a written statement setting forth the amount
of its obligations to the County which become due and payable under this contract prior to the time
of the next following year's tax collections, the amount of the funds which the City has or 017
have on hand or to its credit in the hands of the county which have been set aside and pledgee for
payment of said obligations to the county and the amount of the City taxes next proposed to be
levied for the purpose of raising money to meet sucl obligations. The County Agency shall review
such statement promptly and, if he finds that the proposee City tax levy is insufficient, he shar
so notify the City Council, and tne City hereby covenants and agrees that it thereupon will increase
its levy to such extent as may be required by the County Agency.
12. No cnange in the jurisdiction over any territory in the City shall impair in any manner
the obligations of this contract or affect the obligations of the City hereunder. In the event that
all or any part of the territory of the city is incorporated as a new municipality or is annexed to
or becomes a part of the territory of another municipality, the municipality into which such
territory is incorporated or to which such territory is annexed shall assume the proper
proportionate share of the contractual obligations (including the pledge of full faith and credit)
of the City, which proper proportionate share shall be fixed and determined by the County Agency and
shall be binding upon al -; parties concerned unless, within sixty (60) days after such incorporation
or annexation becomes effective, the governing body of the municipality into which such territory is
incorporated or to which such territory is annexed and the City Council of the City, by mutual
agreement and with the written approval of the County Agency, shall fix and determine sucn prover
proportionate share. The county Agency, prior to making such determination, shall receive a written
recommendation as to the proper proportionate share from a committee composed of one representative
designated by the City Council of the City, one designated by the governing body of the new
municipality or the municipality annexing such territory and one independent registered engineer
appointee oy the County Agency, Each governmental unit shall appoint its representative within
fifteen 051 days after being notified to do so by the County Agency and within a like time the
County Agency shall appoint the engineer third member. If any such representative (other than the
appointee of the County Agency) is not appointed within the time above provided, then the County
Agency may proceed without said recommendation. If the committee shall not make the recommendation
within forty-five (45) days after its appointment or within any extension thereof by the County
Agency, then the County Agency may proceed without such recommendation.
13. This contract is contingent upon the County issuing its bonds to defray such part of the
total estimated cost of tne System as is necessary to be financed by the sale of bonds, which bonds
shall be issued under the authorization provided in Sections 5a, 5b and Sc of Act 342. Interest on
the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the
estimated construction period and one year thereafter. In the event that the bonds are not issued
within five years from the date of this contract, the County Agency may determine, with respect to
those facilities to be financed by the issuance of bonds, that the contract is terminated and in
that event the City snail pay all engineering, legal and other costs and expenses theretofore
incurred and shall be entitled to all plans, specifications and other engineering data and
1
Mayor
By:
Clerk
By:
Commissioners Minutes Continued. February 28, 1991 66
materials.
14. Upon completion of the System it shall be operated and maintained in accordance with a
supplemental agreement between the County and the City,
15. The County shall have no obligation or responsibility for providing water supply
facilities except as herein expressly provided with respect to the acquisition of the System or as
otherwise provided by contract. The City shall have the authority and the responsibility to provide
such other facilities and shall have the right to expel-id the facilities of the System by
constructing or extending water lines or related facilities, connecting the same to the System and
otherwise improving the System. It is expressly agreed, nevertheless, that no such connection
(other than individual unit connections) shall be made to the System and no improvements,
enlargements or extensions thereof shall be made without first securing a permit therefor from the
County Agency. Any such permit may be made conditional upon inspection and approval of new
construction by the County Agency.
16. All powers, duties and functions vested by this contract in the County shall be
exercised and performed by the County Agency, for and on behalf of the County, unless otherwise
provided by law or in this contract. The County agency shall prepare, with the aid of its
consultants, such covenants, representations and warranties and have adopted by officials of the
County and of the City such procedures for construction, accounting, payment and operating as are
necessary to comply with the requirements of state and federal law in order to create and maintain
the obligations of the City and of the County under this contract and with respect to the bones as
vaid and binding obligations and in order to assure that the interest on the bonds is excludable
from gross income for federal income tax purposes. Such covenants, representations and warranties
and such procedures shall ee evidenced by and set forth in certificates or resolutions prepared for
the County Agency which the city and the County agree to approve, execute and adopt at or prior to
issuance and delivery of any bonds.
17• The parties hereto recognize that the holders from time to time of the bonds to be
issued by the County under the provisions of Act 342, and secured by the full faith and creait
pledge of the City to the maeing of its payments as set forth in this contract, will have
contractual rignts in this contract, and it is therefore covenanted and agreed that so long as any
of said bonds seal': remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this contract, by amendment, supplemental contracts or otherwise, is nevertheless reserved insofar
as the same do not have such adverse effect. The parties hereto further covenant and agree tnat
they each will comply with their respective duties and obligations under the terms of this contract
promptly, at the times and in the manner herein set forth, and will not suffer to be done any act
which would in any way impair the contract of said bonds, the security therefor or the prompt
payment of principal and interest thereon. It is hereby declared that the terms of this contract
ana of any amendatory or supplemental contract and any contract entered into pursuant hereto,
insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemee to
be for the benefit of the holders of said bonds.
18. In the event that any one or more of the provisions of this contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenferceability shall not affect any other provisions hereof, but this contract shall be
construed as if such invalid, -illegal or unenforceable provision had never been contained herein.
19. This contract shall become effective upon its execution by each party hereto and its
approval by the vote of a majority of the electors of the City qualified to vote and voting thereon
at a general or special election. This contract shall terminate forty (40) years from the date
hereof or or such earlier date as shall be mutually agreed; provided, however, that it shall not be
terminated at any time prior to the payment in full of the principal of and interest on the County
bonds together with all bond service charges pertaining to said bonds. This contract may be
executed in several counterparts. The provisions of this contract shall inure to the benefit of and
be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersigned, being duly authorized by the respective governing bodies of such
parties, all as of the day and year first above written.
CITY OF ORCHARD LAKE VILLAGE COUNTY OF OAKLAND
By
County Drain Commissioner
(County Agency/
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Larry Crake, Chairperson
Moved by Crake supported by McPherson the resolution be adopted.
•:
511, the Circuit Court Probation Division and Oakland
directly in order to continue contracting with Oakland
of October 1, 1990 through September 30, 1991, wit) a
67
Come:ssioners Minutes Continued. February 28, 1991
AYES: McPherson, Millard, Moffitt, Olsen, Pappageorge, Rewold, Serra, Skarritt, Wolf,
Aaron, Caddell. Crake, Ferrens, Gosling, Huntoon, Johnson, Krause, Law, McConnell, McCulloch. (2C)
NAYS: None. (C)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91023
By Public Services Committee
IN RE: Department of Public Services/Circuit Court Probation Division - STUDENT INTERN/CASE AIDE
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Student Intern/Case Aide Grant (Probation Enhancement Grant) has been
approved by the Michigan Department of Corrections in the amount of S23,949; and
WHEREAS the original application requested a funding level of $95,796 to cover the period
October 1, 1990 through Seotember 30, 1991; and
WHEREAS the grant award for $23,949 represents a seventy-five percent (75%) variance from
the grant application of $95,796 as detailed in the attached schedule; and
WHEREAS the award stipulates this funding level for the period of six (6) months only,
effective October 1, 1950 through March 30, 1991; and
WHEREAS funding to continue the program beyond the six (6) month perioe must go through
another application process; arid
WHEREAS the grant award contract has Peen reviewed and approved as to legal sufficiency by
the Office of Corporation Counsel; and
WHEREAS this program is 100% state funded and does not obligate the County to furtner
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1990-1991 Student Intern/Case Aide Grant (Probation Enhancement Grant) in the amount of $23,949.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
be authorized to execute this grant contract and be authorized to approve minor changes and grant
extensions not to exceed a fifteen percent (15%) variance, wnich are consistent with the approve0
grant.
Mr. Chairperson, on nehalf of the Public Services Committee, : move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
Report to Chairperson
IN RE: Department of Public Services/Circuit Court and Probation Division - STUDENT INTERN/CASE
AIDE GRANT APPLICATION
Pursuant to Miscellaneous Resolution #89105, the Puelic Services Cemmittee has reviewed
the proposed grant application and reports:
This is the seventh year of this grant, 100% funded by the Michigan Department of
Corrections,
2) In the previous years cf this grant the State had funded this grant through the Oakland
County's Probation Enhancement Board, which is now called tie Oakland County Community Corrections
board.
3) Under the guidelines of P.A.
County must now apply for this same grant
University for student services.
4) This grant covers the period
requested funding level of $95,795.
5) This request reflects a variance of approximately forty-three (43) percent over tne
1969/1990 grant award as detailed in the attached schedule.
PUBLIC SERVICES COMMITTEE
Fiscal Note (Misc. 91023)
By Finance Committee
IN RE: Department of Public Services/C i rcuit Court Probation Division - STUDENT INTERN/CASE AIDE
GRANT ACCEPTANCE,
To the Oakland County 6oard 0 Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #91023 and finds:
1) The Student Intern/Case Aide Grant (Probation Enhancement Grant) has been approved by
the Michigan Department of Corrections in the amount of $23,949 for the period October 1, 1990
through March 31, 1991
2) The grant award for $23,949 reflects a seventy-five percent (75%) variance from the
application for $95,796, as detailed in Schedule A.
3) The grant award is $43,051 less tar the 1991 Adopted Budget ($67,G00,
approximately a sixty-four percent (64%) variance as detailed in Schedule B.
4) The program is 100% state funded, and does nut obligate the County to any futere commitment.
which reflects
Commissioners Minutes Continued. February 28, 1991 68
5) Future level of service, including personnel, will be contingent upon the level of
State funding available for this program.
6) The following amendments to the 1991 Adopted Budget are recommended:
Revenue
3-27350-179-01-00-2185 Grant Revenue $(43,051)
Expenses
4-27350-179-01-00-1001 Salaries 5(38,305)
4-27350-179-01-00-3409 Indirect Costs (3,210)
4-27350-179-01-00-3574 Personal Mileage (1,536)
a(43,051)
$ -0-
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Johnson supported by Serra the resolution be adopted.
AYES: Millard, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold 5 Serra, Skarritt, Wolf,
Aaron, Caddell, Crake, Ferrens, Gosling, Huntcon, Jensen, Johnson, Krause, Law, McConnell,
McCullocn, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91024
By Public Services Committee
IN RE: Department of Public Services/Circuit Court Probation Division - SUBSTANCE ABUSE SERVICES
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Substance Abuse Services Grant (Probation Discretionary Enhancement Grant)
has been approved by the Michigan Department of Corrections in the amount of $47,500; and
WHEREAS the original application requested a funding level of $130,600 to cover the Period
October 1, 1990 through September 30, 1991; and
WHEREAS the grant award for $47,500 represents approximately a sixty-four percent (647.)
variance from tne grant application cf $130,600 as detailed in the attached schedule; and
WHEREAS the award stipulates this funding level for the period of six (6) months only,
effective October 1, 1990 through March 30, 1991; and
WHEREAS funding to continue the program beyond the six (6) month period must go through
another applicat:on process; and
WHEREAS the grant award contract has been reviewed and approved as to legal sufficiency by
the Office of Corporation Counsel; and
WHEREAS this program is 1007. state funded and aces not obligate the County to further
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1990-1991 Substance Abuse Services Grant (Probation Discretionary Enhancement Grant) in the amount
of $47,500.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
be authorizea to execute this grant contract and be authorized to approve minor changes and grant
extensions, not to exceed a fifteen percent (15Z) variance, which are consistent with the approved
grant.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth Johnson, Chairperson
Report to the Board of Commissioners Chairperson
By Public Services Committee
IN RE: Department of Public Services/Circuit Court Probation Division - SUBSTANCE ABUSE SERVICES
GRANT APPLICATION
Pursuant to Miscellaneous Resolution #89105„ the Public Services Committee has reviewed
the proposed grant application and reports::
1) This is the fourth year of this grant, 100% funded by the Michigan Department of
Corrections, and was first approved by the Board of Commissioners in Miscellaneous Resolution
#88020, under the title of Probation Discretionary Enhancement Grant.
2) In the previous years of this grant the State had funded this grant through the Oakland
County's Probation Enhancement Board, which is now called the Oakland County Community Corrections
Board.
3) Under the guidelines of P.A. 511, the Circuit Court Probation Division and Oakland
County must now apply for this same grant directly from the State in order to continue the program
for providing substance abuse treatment services to probationers during their probation period.
4) This grant request covers the period of October 1, 1990 through September 30, 1991,
with a funding level of $130,600.
•:
69
Commissioners Minutes Continued. February 28, 1991
5) This grant request reflects a variance of approximately thirty-six percent (36%) over
the 1989/1990 grant award as detailed in the attached schedule.
PUBLIC SERVICES COMMITTEE
Ruth k:ohnson, Chairperson
Copy of attachments to the resolution are on file in the Clerk's Office
Fiscal Note (Misc. 91024)
By Finance Committee
IN RE: Department of Public Services/Circuit Court Probation Division - SUBSTANCE ABUSE SERVICES
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Kr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #91024 and finds:
1) The Substance Abuse Services Grant (Probation Discretionary Enhancement Grant l has been
approved by the Michigan Department of Corrections in the amount of $47,500 fur the period October
1, 1990 througn March 31, 1991.
2) The grant award for $47,500 reflects approximately a sixty-four percent (64%) variance
from the application for $130,600 as detailed in Schedule A.
3) The grant award is $52,50 less than the 1991 Adopted Budget ($100,000), which reflects
approximately a fifty-three percent (53%) variance as detailed in Schedule B.
4) The program is 1CO% state funded, and does not obligate the County to any future
comWtment.
5) Future level of service, including personnel, will be contingent upon the level of
State funding available for this program.
6) The following amendments to the 1991 Adopted Budget are recummendec:
Revenue
3-27351-179-01-00-2185 Grant Revenue $(52,00C)
Expenses
4-27351-179-01-00-1001 Salaries $ (5,00C)
4 -27351-179-01-00=3128 Professional Svcs (47,30C)
4-27351-179-01-00-3574 Personal Mileage (20D)
$(52,50D
$ -0-
FINANCE COMMITTEE
G. Wiriam Caddell, Chairperson
Moved by Johnson supported by Moffitt the resolution be adopted.
AYES: Moffitt, Oaks, Pappageorge, Remick, Rewold, Serra, Skarritt, Wolf. Aaron, Caddell,
Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson,
Millard. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91038
By Public Services Committee
IN RE: Department of Institutional and Human Services/Medical Examiner - PAYMENT FOR CLINICAL
PATHOLOGY LABORATORY DIRECTION
To the Oakland County Board of Commissioners
Kr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #90205, adopted September 13, 1990, established an annual
payment rate of $2,500 to the Chief Forensic Pathologist for serving in the additional capacity of
Medical Care Facility laboratory director; ane
WHEREAS the current Chief Forensic Pathologist does not possess board certification in
clinical pathology as required by tne State to oversee the laboratory; and
WHEREAS the $2,500 annual payment to direct the laboratory is currently included in the
Medical Examiner's operating budget anu no additional appropriation is required.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
annual payment rate of 52,500 for serving in the capacity of the director of the clinical laboratory
to be paid to a qualified individual possessing board certification in clinical pathology as
designated by the Director of Institutional and Human Services.
BE IT FURTHER RESOLVED that the annual rate of $2,500 be paid from the existing funds in
the Medical Examiner's operating budget,
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
Commissioners Minutes Continued. February 28, 1991 70
The Vice Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 91039
By Public Services Committee
IN RE: Circuit Court/Administration - FUNDING FOR DOMESTIC VIOLENCE SHELTER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Family Counseling Services Act, MCLA 551.331 et seq., was enacted to establish
family counseling services; and
WHEREAS the Sixth Judicial Circuit Court provides family counseling services as
established by judicial resolution dated February 8, 1980 and in compliance with MCLA 551.331; and
WHEREAS MCLA 551.331(1) provides that "Family counseling services ...shall include
domestic violence and child abuse..."; and
WHEREAS the HAVEN of Pontiac, Michigan, offers unique and necessary services in compliance
with the mandate of the Act; and
WHEREAS the RAVEN has requested funding from the Circuit Court for operational expenses
for January 1, 1991 through December 31, 1991; and
WHEREAS the Sixth Judicial Circuit Court has reviewed the request and recommends
autnorization in the amount of $5,000 for this purpose; and
WHEREAS due to efforts by the Circuit Court with regard to Family Counseling operations,
funds are available from collections pursuant to Public Act 4 of the Public Acts of 1980, MCA
551.103 (marriage license fees); and
WHEREAS Family Counseling funds must be spent for the purposes set forth in the Family
Counseling Services Act referred to above; and
WHEREAS the Public Services Committee has reviewed the proposal and recommends the funding
in the amount of $5,000.
ROW THEREFORE 3E IT RESOLVED that the Chairperson of the Board of Commissioners is
authorized to enter into a contract in the amount of 55,000 with the HAVEN on behalf of the County
of Oakland to carry out the purposes of this resolution.
Mr. Chairperson. on behalf of the Public Services Committee, I move the adoption at the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
The Vice Chairperson referred the resolution to the Finance Committee. There were no
(abjection!.
Misc. 91040
By Public Services Committee
IN RE: Sheriff Department - REGIMENTED INMATE DISCIPLINE PROGRAM, AKA "BOOT CAMP"
To the Oakland County Board of Commissioners
Mr. Chairperson, Lacies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners authorized a Regimeeted Inmate
Discipline Program last year and
WHEREAS the Sheriff is proposing another program this year; and
WHEREAS the Sheriff is proposing a considerable expansion for 1991 possibly to be a
permanent part of the Corrections System; and
WHEREAS per the attached communications the Sheriff is proposing the possible staffing and
operational costs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
Sheriff to proceed with the Regimented Inmate Discipline Program as per the attached Schedule A.
BE IT FURTHER RESOLVED that two (2) Deputy I positions be created for this purpose.
BE IT FURTHER RESOLVED that one (1) Jail Inmate Worker position be created for post
release follow-up and job placement.
BE IT FURTHER RESOLVED that two (2) vehicles be added to the County fleet as per the
attached Schedule A.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
The Vice Chairperson referred the resolution to the Personnel Committee, Planning and
Building Committee and the Finance Committee. There were no objections.
• Misc. 91041
By Public Services Committee
IN RE: Sheriff Department - REORGANIZATION
To tne Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff is proposing a minor reorganization; and
WHEREAS this reorganization will better meet the goals of the Sheriff's Department; and
71
Commissioners Minutes Continued. February 28, 1991
WHEREAS the Sheriff proposes to meet these goals in a more efficient and cost effective
manner; and
WHEREAS those proposed changes can be accomplished within the 1991 Sheriff's Department
Budget.
NW THEREFORE BE IT RESOLVED that the following personnel and program changes be made in
the Sheriff's Department:
1 TRANSFER POSITIONS:
CLASSIFICATION FROM TO POSITION NUMBER
CAPTAIN 471.1701 74-51-01 02272
LIEUTENANT 436-15 434-15 02301
LIEUTENANT 436-15 433-10 00534
SERGEANT 436-15 433-10 01932
SERGEANT 436-15 433-10 01515
SERGEANT 436-15 433-10 00703
SERGEANT 436-15 435-30 01146
SERGEANT 439-15 434-15 03040
DEPUTY 11 436-15 439-15 02665
DEPUTY 11 436-15 439-15 02599
DEPUTY II 436-18 436-15 00506
DEPUTY Ii 436-30 . 439-15 00507
DEPUTY II 436-15 434-15 03450
DEPUTY II 436-15 433 -10 02908
DEPUTY 13 436-15 433-10 02921
DEPUTY II 436-15 433-10 03136
DEPUTY 11 436-16 433-10 01937
DEPUTY 1 433-10 434-15 00377
DEPUTY 1 433-10 434-15 02093
DEPUTY I 433-10 434-15 03067
DEPUTY 1 433-10 434-15 03554
2) UPGRADE POSITIOR
ADMINISTRATIVE LIEUTENANT TO CAPTAIN 433-01 01545
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
The Vice Chairperson referred the resolution to the Personnel Committee and the Finance
Committee. There were no objections.
Misc. 91042
By Public Services Committee
IN RE: Sheriff's Department - CONTRACT FOR SCHOOL OFFICER - SOUTH LYON COMMUWITY SCHOOLS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the South Lyon Community Schools have requesteO the Oakland County Sheriff's
Department supply a school officer for the DARE Program within the South Lyon Community Schools
system for tne remaining 1991 school year; and
WHEREAS the Sheriff's Department has agreed to supply such officer on an availabrity
overtme hourly basis; and
WHEREAS the County of Oakland shall he reimbursed for such services by the South Lyon
Community Schools at the hourly overtime -ate of 131.16 per deputy for 1991, as was established by
Miscellaneous Resolution i89200.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
execution of the attached contract consistent with provisions contained therein,
Mr. Chairperson, on behalf of the Publio Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. johnson, Chairperson
Copy of Agreement on file in County Clerk's OWce.
Moved by Johnson supported by Pappageorge the resolution be adopted.
AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewola, Serra, Skarritt, Wolf, Aaron,
Caddell, Crake, rerrens, Gosling, Hontoon, Jensen, Johnson, Krause, Law, McGornel), McCulloch,
Millard, Moffitt. (23)
NAYS: McPnersor. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. February 28, 1991 72
Misc. 91043
By Public Services Committee
IN RE; Community Development Division - PROPOSED RESOLUTION TO TRANSFER ONOBLIGATED COMMERCIAL
ASSISTANCE PROGRAM (CAP) FUNDS
To the Oak]and County Board of Commissioners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland, OY Miscellaneous Resolution #82288 of September 21, 1982,
adopted the basic concept of utilizing Community Development Block Brant funds to leverage private
financial resources for the rehabilitation of residential and commercial property; and
WHEREAS the County of Oakland, by Miscellaneous Resolutions #85158 of May 23, 1985, #86037
of February 27, 1986, and #87228 of September 3, 1987 designated communities and funding allocations
for the 1985, 1986 and 1987 Commercial Assistance Programs; and
WHEREAS in accordance with the provisions of Miscellaneous Resolution #88141 regarding the
criteria and procedure to reallocate the recaptured CAP funds, the Oakland County Community
Development Division established the Oakland County Commercial Assistance Program (CAP) Loan Pool;
and
WHEREAS in accordance with the provisions of Miscellaneous Resolution #90041 an excessive
uncommitted fund balance of $200,000.00 in the Commercial Assistance Program Loan Pool Account was
transferred to the Oaklanc County Residential Home Improvement Account; arid
WHEREAS the Commercial Assistance Program (CAP) was discontinued effective August 31,
1990; and
WHEREAS the Oakland County Community Development Division recommends the transfer of the
unobligated fund balance of 5112,789.66 as reflected in Attachment A from the 1986 CAP Loan Pool to
the Oakland County Residential Home Improvement Account; and
WHEREAS the Oakland :oonty Community Development Division further recommends that any 1986
residual dollar amount resulting from the completion of the five projects presently in the funded
commitment stage (Attachment A) also will be transferred to the Oakland County Residential Home
Improvement Account; and
WHEREAS the Community Development Citizens Advisory Council unanimously recommends by an
11-0 roll call vote, the transfer of the 1986 unobligated balance of CAP Loan Pool funds as
specified in Attachment A. and the transfer of any subsequent residual dollar resulting from the
finalization of the five projects presently in the funded commitment stage to the Oakland County
Residential Home Improvement Account,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the transfer of the 1986 unobligated CAP Loan Pool balance of $112,789.66 to the Oakland
County Residential Home Improvement Account; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes
the transfer of any future 1986 CAP Loan Pool residual dollar amount resulting from completion of
the five projects presently in the funded commitment stage (Attachment A) to the Oakland County
Residential home Improvement Account.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth A. Johnson, Chairperson
Moved by Johnson supported by Krause the resolution be adopted.
AYES: Olsen, Pappageorge, Pernick, Price, Rewold, Serra, Skarritt, Wolf, Aaron, Caddell,
Crake, Ferrens, Gosling, Huntoon, ,:ersen, Johnson, Krause, Law, McCoanell, McCulloch, McPherson,
Millare, Moffitt, Oaks. (24)
NAYS; None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 91044
By Public Services Committee
IN RE: Department of Institutional and Human Services - MEDICAL EXAMINER FEE SCHEDULE
To the Ooklanc County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Oakland County Board of Commissioners has the authority to set fees for
services rendered by the County; and
WHEREAS the Medical Examiner's Division of the Department of Institutional and Human
Services receives requests for services from other counties; and
WHEREAS both costs and prevailing fees have been studied to determine equitable
reimbursement to tne County for services to be rendered; and
WHEREAS the rendering of services to other counties will allow for more efficient use of
facilities and staff.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners set the
following fees:
73
Commissioners Minutes Continued. February 28, 1991
I. Autopsy $750.00
Such autopsy is to include a report on the cause ane manner of death,
as well as routine x-rays, toxicology tests, photographs, histology
readings vie rape kit, if needed.
II. Non-Routine Toxicology Tests will be based on: Cost plus handling
charge of $4.0C
III. Court Testimony by Employed Staff will be based on the basis of:
Hourly rate of testifier plus County mileage plus additional expenses,
BE IT FURTHER RESOLVED that all fees collected be placed in the General Fund.
Mr. Chairperson, on behalf of the Public Seryices Committee, I move the adoption of the
foregoing resolution.
The Vice Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 91022
By Public Services Committee
IN RE; Animal Control - ESTABLISH 1991 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND
DISPOSAL
To tne Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339
of 1919 as amenCed (the Dog Law); and
WHEREAS the Animal Control Division renders services to local jurisdictions through
Purchase Contracts; and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #90040,
dated February 22, 1990, established a unit price of $10.51 per day be charged for board and care, a
unit price of $8.45 for disposal of small dead animals, $9.54 for disposal of live small animals,
and $2.34 for disposal of boarded animals; and
W HEREAS the Oakland County Animal Control Division has experienced an osoillation in
animal care rates for boarding and disposal within tne past four years, primarily due to the erratic
pattern in the total processings each year; and
WHEREAS this fluctuation in rates has prompted a need to review the metnocology for
calculating the rates for boarding and disposal; and
WHEREAS the Oakland County Animal Control Division and Department of Management and Budget
have devised a cost analysis method by using a five-year moving average of total processings, which
woJld result in a more accJrate measure of total processings, as well as recovering true cost as
detailed in the attached summary packet; and
WHEREAS the Oakland County An'mal Control Division and the Department of Management ane
Budget, through a cost analysis, recommend that the rates should be increased to a unit price not to
exceed $8.73 for disposal of small dead animals, a unit price not to exceed 59.93 for disposal of
live small animals, and a unit price not to exceed $11.79 per day to be charged for board and care,
as well as, a decreased rate in unit price not to exceed $1,78 be charged for disposal of boarded
animals; and
WHEREAS the government of ClaklanC County would recover 100% of its costs for disposal.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
establish a unit price not to exceed $8,73 for disposal of dead small animals, a unit price not to
exceed $9.93 for disposal of live small animals, a unit price not to exceed $1.78 for disposal cf
boarded animals, and a unit price rot to exceed $11.79 per day for board and care be charged to
municipalities purchasing service contracts with the OaXlano County Animal Control Division.
BE IT FURTHER RESOLVED that the County Executive is authorized to execute purchase of
service contracts with local ,urisdictions at the aforementioned rates.
Mr. Cnairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Ruth Johnson, Chairperson
Fiscal Note (Misc. 91022)
By Finance Committee
IN RE: Department of Public Services/Animal Control Division - ESTABLISH 1991 MUNICIPAL ANIMAL CARE
CENTER RATES FOR BOARDING AND DISPOSAL
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #91022 and finds:
1) The Public Services Committee has recommended the following 1991 Municipal Animal Care
Center rates as summarized below (see attached material for details);
Board Fee - Daily S11.79
Disposal - Live Not Boarded $ 9.93
Disposal - Live Boarded $ 1.78
Disposal - Dead $ 8.73
2) A cost analysis has determined that the recommended adjustment in rates would
PUBLIC SERVICES COMMITTEE
Ruth A. JONIVIA, Chairperson
Commissioners Minutes Continued. February 28, 1991 74
continue to recover UDO% of the cost for contracted Boarding and Disposal, consistent with County
policy relative to municipality disposal contracts.
3) The 1991 Budget contemplates the revised rates. Therefore, no budget amendments are
required,
Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the
foregoing report.
FINANCE COMMITTEE
G. WILLIAM Caddell, Chairperson
Moved by Johnson supported by Law the resolution be adopted.
AYES: Pappageorge, Pernick, Price, Rewold, Serra, Skarritt, Wolf, Aaron, Caddell, Crake,
Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McCulloch, McPherson, Millard,
Moffitt, Oaks, Olsen. {24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson returned to the Chair.
Misc. 91045
By Commissioner Ruel E. McPherson
IN RE: COUNTY FUNDING TO EDUCATE THE PUBLIC ON THE ENVIRONMENTAL IMPACT OF THE SOLID WASTE PLAN
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS S159,900 of taxpayer money has been designated for a public relations campaign to
elicit support for Oaklanc County's proposed 641 solid waste plan which includes incineration; and
WHEREAS this money represents the largest expenditure in Cakland County's history, which
the taxpaying citizens have not been allowed to vote on; and
WHEREAS a large number of Oakland County residents are very concerned about the potential
environmental impacts regarding the proposed solid waste plan and demand that a portion of toe
$159,900 be used to support environmental groups to educate the community on the environmental
health hazards associated with incineration and to disseminate information of other, less harmful
alternatives.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agrees that a
portion of the $159,900 earmarked for the public relations firm of Stone, August and Baker to
promote the coanty's solid waste plan be made available to interested environmental groups for the
purposes of presenting the alternative viewpoint to incineration and other alternative approaches to
waste management than what is represented in the proposed 641 solid waste plan.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Ruel E. McPherson, Commissioner Dist. #9
Teresa Krause, Rudoph A. Serra
The Chairperson referred the resolution to the Planning and Building Committee, the Public
Services Committee and the Finance Committee. There were no objections.
Misc. 91046
By Commissioner David L. Moffitt
IN RE: POLICY RESPONSE EFFECTIVENESS - AMENDMENT TO BOARD OF COMMISSIONERS' RULE XI (D): PROCEDURES
TO BRING MATTERS TO THE BOARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners is the policy making body of County
Government and is organized as a representative, deliberative legislative body; ana
WHEREAS in these increasingly complex, rapidly changing times the pace of events and the
corresponding need for rapid consideration and policy response by such a deliberative body calls for
constant review of the operating procedures to invoke timely policy response; and
WHEREAS the current Rules of the Board do not specify a date or deadline for referral of
new resolutions introduced to the Board, affording latent delay in the Board's ability to respond to
policy needs and situations that may, in the opinion of some, if not always all members of the
Board, require expedited response; and
WHEREAS Board Rule XI {E provides in pertinent part as follows:
"D. Any resolution referred to committee(s) shall be placed upon said committee's agenda
for consideration; and
WHEREAS it s proposed that the rule be amended to include toe underscored language:
Any resolution referred to committees) shall be placed upon said committee's agenda for
consideration not later than the 2nd meeting of such committee following its referralLpsovided,
however, that the committee may, at the discretion of the committee chairperson or by majority vote
R the committee, Place such resolution on the committee's agenda for the first meeting of such
committee following its referral; and
LYNN D. ALLEN
ClerK
ROY REWOLD
Chairperson
75
Commissioners Minutes Continued. February 28, 1991
WHEREAS the board should not routinely countenance almost a one month delay in referral of
new items for its consideration, nor should the public.
NOW THEREFORE VE IT RESOLVED that the Board of Commissioners hereby amends the Rules of tie Board as stated in the aforesaid underscored language.
Mr. Chairperson, I move the adoption of the foregoing resolution.
David L. Moffitt, Commissioner Dist. #15
Tie Chairperson referred the resolution to tne General Government Committee. There were
no ob,-;ections.
Misc. 91047
By Commissioner James Ferrens
IN RE: BOARD OF COMMISSIONERS SUPPORT - EMPLOYEE ACTIVE MILITARY RESERVES OF DESERT STORM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is with great pride anc joy that Oakland County looks forward to a4e1coming home
those active mi7itary reservist who were called from the ranks of Oakland County goverment
employment to serve our national interest; and
WHEREAS most of our employees called to actve duty as our Nation's defense farce, did so
at a substantially reduced income; and
WREREAS in recognition and support of the sacrifices of these brave employees and their
families, the Oakland County Board of Commissioners extenas its commendation and takes toe following
action,
NOW THEREFORE BE IT RESOLVED that tne Oakland County Board of Commissioners does hereby,
in grateful recognition of the valiant war efforts ot the active military reservist employees of
Oakland County Government, authorize the supplement of military pay for all employees called to
active military duty during the Persian Gulf crisis in an amount not to exceed their normal County
compensation, and retroactive to the date of their military call-up.
Mr. Chairperson, we move the adoption of the foregoing resolution.
James Ferrens, Commissioner Dist. #7
John G. Pappageorge, Hubert Price, Jr.
Frank Millard, Richard C. Skarritt
Tie Chairperson referred the resolution to the General Government Committee, Personnel
Committee and the Finance Committee. There were no objections.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
FINANCE :OMMITTEE
a. Michigan Dept. of Social Services - Child Care CAP
b. Circuit Court - Request for Two Additiona Judgeships for 1993
PLANNING AND BUILDING COMMITTEE
a. Circuit Court - Request for Two Additional Judgeships for 1993
b. League of Women Voters of Birmingham/Bloomfield - Request for Oak. Cnty. to Estab:isn
a Permanent Housenold flazaraous Waste Collection Site
PUBLIC SERVICES
a. Circait Court - Request for Two Additional Judgeships for 1993
o. Michigan Dept. of Social Services - Child Care CAP
OTHERS
Jim Brennan & Barb Consilio
a. Michigan Dept. of Social Services - Child Care CAP
Management & Budget
a. Equalization - Industria Del,. Ex. 5 SEV Excess Ford Motor Co., City of Wixom
The Cnairperson announced the next meeting will be held on March 14, 1951 at 9:30 a.m.
The Board adjourned at 11:40 a,m,