HomeMy WebLinkAboutMinutes - 1992.10.22 - 8137
October 22, l992
Meeting called to order at 9:43 A.M. in the Courthouse Auditorium, l200 North Telegraph
Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen, Palmer,
Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf. (27)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Donn Wolf.
Pledge of Allegiance to the Flag.
Moved by Pappageorge supported by Pernick the amended agenda be approved as presented.
AYES: Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, McConnell, McCulloch, McPherson, Millard, Oaks, Obrecht, Olsen, Palmer, Pappageorge,
Pernick, Price, Schmid, Serra, Skarritt, Wolf. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the amended agenda was approved.
The Honorable Judges Barry Grant and Joan Young presented Oakland County Executive
Daniel T. Murphy a plaque in acknowledgement of his 36 years serving the citizens of Oakland
County.
Lawrence R. Pernick and Dennis Aaron addressed the Board.
MISCELLANEOUS RESOLUTION 92243
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: TREASURER - REASSIGNMENT OF ONE COUNTY VEHICLE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS currently there are five tax collectors using four compact cars to collect
taxes, travel to the bank, and seize and transport personal property; and
WHEREAS there has also been an increase in court appearances, legislative meetings,
and meetings with TIFA's, LDFA's, and DDA's (Tax Increment Finance Authorities, Local
Development Finance Authorities, and Downtown Development Authorities); and
WHEREAS the County Treasurer has been using a Garage pool vehicle on a regular basis
to accommodate this increased need and is requesting permanent assignment of an additional
vehicle; and
WHEREAS the additional vehicle will not be assigned to a specific individual; and
WHEREAS revenue is available from the Delinquent Personal Property Tax Administration
290
Fund to support the annual operating costs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the reassignment of vehicle #91-008 (Pontiac 6000) to the County Treasurer and authorizes
the following amendment to the 1992/1993 Biennial Budget:
1992 1993
General Fund (10100)
Revenue
221-01-00-2087 Personal Prop. Tax Admin. $4,080 $4,200
Expenditures
221-01-00-6610 Leased Vehicles $4.080 $4,200
TOTAL $ O $ O
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Moved by Caddell supported by Obrecht the resolution be adopted.
AYES: Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause,
McConnell, McCulloch, McPherson, Millard, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick,
Price, Schmid, Serra, Skarritt, Wolf, Aaron. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION 92244
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PROBATE COURT - 1992/1995 SKILLMAN FOUNDATION GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #89105, the Probate Court applied to
the Skillman Foundation for grant funds in the amount of $554,000 to contract for the evaluation
of the Court's Youth Assistance (YA) community based prevention program; and
WHEREAS the Skillman Foundation has awarded the Oakland County Probate Court funding
in the amount of $515,000, $39,000 or 7.04% less than the application amount, for the same
time period; and
WHEREAS the total award includes $165,000 for 1992/1993, $172,000 for 1993/1994 and
$178,000 for 1994/1995, the grant will begin when the first payment is received; and
WHEREAS the grant funds will cover 100% of the direct program cost, no additional
County positions or allocation is required with this grant acceptance; and
WHEREAS there will be an in-kind contribution of 5% of the Probate Court Clinic
Director's time and 10% of a Probate Court Clinic Senior Psychologist's time, the estimated
annual in-kind contribution equals $11,130 (1992 dollars); and
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and
WHEREAS the grant agreement is included in the County Executive's Contract Review
Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the 1992/1995 grant from the Skillman Foundation in the amount of $515,000 and that the
Chairperson of the Board is authorized to execute said grant agreement and to approve changes
and extensions within fifteen (15) percent of the original award.
BE IT FURTHER RESOLVED that the 1992/1993 Biennial grant budget be amended, as specified
below, to account for the new grant:
Revenue 1992 1993
291
3-xxxxx-346-01-00-2185 Grant Revenue $15,000 $165,000
Expenses
4-xxxxx-346-01-00-3287 Contracted Sv. $15,000
$165,000
$ 0 $ 0
======== =========
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Moved by Caddell supported by Oaks the resolution be adopted.
AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, Johnson, Krause, McConnell,
McCulloch, McPherson, Millard, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price,
Schmid, Serra, Skarritt, Wolf, Aaron, Bishop. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. 92240)
BY: GOVERNMENT COMMITTEE -Richard G. Skarritt, Chairperson
IN RE: SUPPORT OF BALLOT PROPOSAL "C", CUT AND CAP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT BY: FINANCE COMMITTEE
IN RE: M.R. #92240, SUPPORT OF BALLOT PROPOSAL "C," CUT AND CAP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed M.R. #92240, Support of Ballot Proposal "C,"
Cut and Cap, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing
Report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #92240
BY: Commissioners John E. Olsen and Richard Skarritt
IN RE: SUPPORT OF BALLOT PROPOSAL "C", CUT AND CAP
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the citizens of Michigan shoulder a tremendous tax burden, and have petitioned
for redress through the referendum process, and
WHEREAS, this referendum known as Proposal "C" will provide Oakland County taxpayers
with a substantial measure of relief from this tax burden.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
support the passage of Proposal "C", Cut and Cap.
Chairperson, we move the adoption of the resolution.
John E. Olsen and Richard G. Skarritt
Moved by Skarritt supported by Bishop the resolution be adopted.
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Moved by Skarritt supported by Bishop the General Government Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Discussion followed.
Moved by Price supported by Pernick the resolution be referred back to the General
Government Committee for input by the Oakland County School Districts.
AYES: Ferrens, Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron. (8)
NAYS: Crake, Gosling, Huntoon, Jensen, Johnson, McConnell, McCulloch, Millard,
Moffitt, Obrecht, Olsen, Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell. (l8)
A sufficient majority not having voted therefor, the motion failed.
Vote on resolution:
AYES: Gosling, Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard,
Moffitt, Obrecht, Olsen, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake. (l8)
NAYS: Ferrens, Krause, McPherson, Oaks, Palmer, Pernick, Price, Serra, Aaron. (9)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT BY GOVERNMENT COMMITTEE
IN RE: ECONOMIC DEVELOPMENT CORPORATION (EDC) - CONFIRMATION OF COUNTY EXECUTIVE'S
APPOINTMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the County Executive's appointments,
recommends confirmation of the following:
REAPPOINTMENTS - TERMS ENDING APRIL 30, 1998
William H. Moon, Robert D. Shimmin, Pat Jacobs, Peter J.
Christiano, Michael D. Gorge, Martin W. Hollander, Nancy
McConnell, David W. Potts, Harriet B. Rotter, Linda J.
Russell, Fred C. Seeley, Jay B. Shah
APPOINTMENT - TERM ENDING APRIL 30, 1998
Dennis M. King
APPOINTMENT TO FILL UNEXPIRED TERM ENDING APRIL 30, 1993
Nancy Quarles
Chairperson, on behalf of the General Government Committee, I move the acceptance
of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Skarritt supported by Law the Report be accepted.
A sufficient majority having voted therefor, the Report was accepted.
Moved by Skarritt supported by Law the appointments be confirmed.
AYES: Gosling, Huntoon, Johnson, Krause, Law, McConnell, McCulloch, Moffitt, Oaks,
Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron,
Bishop, Caddell, Crake, Ferrens. (24)
NAYS: None. (0)
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A sufficient majority having voted therefor, the appointments were confirmed.
REPORT (Misc. #92225)
BY: GOVERNMENT COMMITTEE -Richard G. Skarritt, Chairperson
IN RE: AREA AGENCY ON AGING 1-B - PROPOSED CHANGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution,
reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance
of the foregoing report
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #92225
BY: LAWRENCE R. OBRECHT, COUNTY COMMISSIONER, DISTRICT #16
IN RE: AREA AGENCY ON AGING l-B-PROPOSED CHANGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Office of Services to the Aging (OSA) has developed a preliminary report
on restructuring the Michigan Aging Network, which if implemented would remove the counties
of Livingston, Monroe, St. Clair, and Washtenaw thereby leaving a newly configured region
composed of only Oakland and Macomb Counties with significantly reduced political
representation, unable to match that of Detroit and Wayne County; and
WHEREAS the OSA, in their preliminary report, acknowledges that Region l-B would
be the area where historical regional planning boundaries are most disrupted; and
WHEREAS the OSA, through the preliminary report, intends not to change the boundaries
of Detroit and Western Wayne Area Agencies on Aging; and
WHEREAS the OSA preliminary report does not contain sufficient cost information in
order for Oakland County to thoroughly study the cost/benefit to Oakland County Seniors;
and
WHEREAS the OSA intends and is calling for adoption of the plan at the Michigan
Commission on Aging meeting on October 16, 1992.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners inform
the Governor, the Legislature, and the OSA that we request OSA to produce additional
information and detail, including cost/benefit analysis, and provide Oakland County ample
time and information to determine if the present structure or the proposed structure is in
the best interest of the seniors in the County of Oakland.
Chairperson, I move the adoption of the foregoing resolution .
Lawrence R. Obrecht, District #l6
Moved by Skarritt supported by Palmer the resolution be adopted.
Moved by Skarritt supported by Palmer the General Government Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
AYES: Huntoon, Johnson, Krause, Law, McConnell, McCulloch, Moffitt, Oaks, Obrecht,
Olsen, Palmer, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake,
Ferrens, Gosling. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT BY: Personnel Committee, Marilynn Gosling, Chairperson
TO: Finance Committee, Dr. G. W. Caddell, Chairperson
294
RE: MR 92242-COUNTY EXECUTIVE TRANSITION TEAM EXPENSES
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution on October
14, 1992, reports with the recommendation that the resolution be adopted with the addition
of the following paragraphs after the paragraph beginning "NOW THEREFORE BE IT RESOLVED":
BE IT FURTHER RESOLVED that these temporary positions be established as governmental
positions not eligible for benefits, and due to their short life span, excluded from the
Merit System as defined in Merit Rule 1.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
County Executive-Elect to appoint employees to fill these positions, or terminate them if
necessary, during the transition period.
BE IT FURTHER RESOLVED that these positions be placed in a new temporary division
and unit within County Executive Administration titled Transition Team/Administration
(11601).
Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #92242
BY : Commissioners Lawrence Pernick and G. William Caddell
IN RE: COUNTY EXECUTIVE TRANSITION EXPENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, on November 4, 1992, a County Executive-Elect will begin to assemble the
people and tools necessary to fully assume the duties of County Executive on January 1, 1993;
and
WHEREAS, it is in the best interest of Oakland County government that the transition
of leadership from the current administration to the next occur as efficiently and effectively
as possible; and
WHEREAS, said transition can best be accomplished through the establishment of a
transition team, for the period November 4, 1992 through December 31, 1992, consisting of
one (1) Executive Transition Team Coordinator, two (2) Secretary III's and relating operating
appropriation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the creation of a new classification and one ( 1 ) temporary, full-time position titled
Executive Transition Team Coordinator at a flat salary of $8,716 ($50,358 annual equivalent),
and two (2) Secretary III positions effective only for the transition period beginning November
4, 1992 through December 31, 1992.
BE IT FURTHER RESOLVED that the Board appropriates the sum of $27, 300 from the General
Fund-Designated Fund Balance for Operational Improvements, consistent with the attached
fiscal note, to cover the transition expenses of the County Executive-Elect from November
4, 1992 through December 31, 1992.
Chairperson, we move the adoption of the foregoing resolution.
Lawrence Pernick and G. William Caddell
FISCAL NOTE (Misc. 92242) (OBSOLETE)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: COUNTY EXECUTIVE TRANSITION EXPENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous
Resolution #92242 and finds:
1) The Executive Branch of Oakland County government will be changing leadership,
effective January 1, 1993, for the first time since its inception in 1975.
2) The orderly transition of the new County Executive-Elect requires the
establishment of a transition team, for the period November 4, 1992 through December
31, 1992, consisting of one (1) Executive Transition Team Coordinator, two (2)
295
Secretary IIIs and related operating appropriation.
3) The salary and operating costs associated with said transition amount to
$27,300, as indicated in the below detailed recommended budget amendments, with funds
available for this purpose recommended to be transferred from the General Fund -
Designated Fund Balance for Operational Improvements.
4) The following amendments to the 1992 Budget are recommended:
GENERAL FUND REVENUE 1992 BUDGET
3-10100-909-01-00-9901 Sundry-Prior Years Revenue
GENERAL FUND EXPENDITURES
4-10100-116-01-00-1000 Salaries-Regular $17,070
4-10100-116-01-00-2000 Fringe Benefits (43.8%) 7,480
Total Salary and Fringe Benefits $24,550
4-10100-116-01-00-3340 Furniture Rental $ 50
4-10100-116-01-00-3574 Personal Mileage 100
4-10100-116-01-00-6360 Computer Services-Operations 750
4-10100-116-01-00-6640 Equipment Rental 400
4-10100-116-01-00-6641 Convenience Copier 200
4-10100-116-01-00-6670 Stationery Stock 150
4-10100-116-01-00-6672 Print Shop . 100
4-10100-116-01-00-6750 Telephone Communications $ l,000
Total Operating Expenses $ 2,750
Grand Total $27,300
5) NOTES: -Computer Services-Operations includes (3) PC work stations. -Equipment
Rental includes a transcriber, shredder and fax machine. -Stationery Stock includes
letterhead and business
FINANCE COMMITTEE
FISCAL NOTE (REVISED) (Misc. Res. #92242)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: COUNTY EXECUTIVE TRANSITION EXPENSES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #92242 and finds:
1) The Executive Branch of Oakland County government will be changing leadership,
effective January 1, 1993, for the first time since its inception in 1975.
2) The orderly transition of the new County Executive-Elect requires the
establishment of a transition team, for the period November 4, 1992 through December
31, 1992, consisting of one (1) Executive Transition Team Coordinator, two (2)
Secretary IIIs and related operating appropriation.
3) The salary and operating costs associated with said transition amount to
$27,300, as indicated in the below detailed recommended budget amendments, with funds
available for this purpose recommended to be transferred from the Management & Budget
Administration Professional Services
Account.
4) The following amendments to the 1992 Budget are recommended:
GENERAL FUND EXPENDITURES 1992 BUDGET
4-10100-121-01-00-3128 M & B Professional Services ($21,478)
4-10100-116-01-00-1000 Salaries-Regular $17,070
4-10100-116-01-00-2000 Fringe Benefits (9.7%) 1,658
Total Salary and Fringe Benefits 18,728
4-10100-116-01-00-3340 Furniture Rental 50
4-10100-116-01-00-3574 Personal Mileage 100
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4-10100-116-01-00-6360 Computer Services-Operations 750
4-10100-116-01-00-6640 Equipment Rental 400
4-10100-116-01-00-6641 Convenience Copier 200
4-10100-116-01-00-6670 Stationery Stock 150
4-10100-116-01-00-6672 Print Shop 100
4-10100-116-01-00-6750 Telephone Communications l,000
Total
$21,478
Total Expenditure Amendments -0-
5 ) NOTES: Computer Services-Operations includes (3) PC work stations. Equipment
Rental includes a transcriber, shredder and fax machine. Stationery Stock includes
letterhead and business cards for Transition Office. Telephone Communications includes
Voice Mail, (3) Centrex multiple lines for (3) work stations and single Centrex line
for a fax machine. Office Space will be provided in the lower level of the Executive
Office Building.
FINANCE COMMITTEE
Moved by Gosling supported by Ferrens the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Gosling supported by Ferrens the resolution be adopted.
Moved by Gosling supported by Ferrens the resolution be amended with the addition
of the following paragraphs after the paragraph beginning "NOW THEREFORE BE IT RESOLVED"
-
BE IT FURTHER RESOLVED that these temporary positions be established as governmental
positions not eligible for benefits, and due to their short life span, excluded from the
Merit System as defined in Merit Rule 1.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
County Executive-Elect to appoint employees to fill these positions, or terminate them if
necessary, during the transition period.
BE IT FURTHER RESOLVED that these positions be placed in a new temporary division
and unit within County Executive Administration titled Transition Team/Administration (11601)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Jensen, Johnson, Krause, Law, McConnell, McCulloch, Moffitt, Oaks, Obrecht,
Olsen, Palmer, Pernick, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens,
Gosling, Huntoon. (22)
NAYS: Serra. (1)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #92245
BY: PERSONNEL COMMITTEE, Marilynn Gosling, Chairperson
IN RE: Personnel and Risk Management - Driving Standards and Driving Records Review Procedures
for Current and Prospective Employees
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS to secure proper auto fleet liability insurance coverage, and to maintain
same, the County's insurance carrier has mandated that the County adopt driving standards
for its employees including the review of motor vehicle records and auto accident causation;
and
WHEREAS the screening of County employee drivers is necessary to ensure the County
297
can retain sufficient and affordable insurance coverage and reduce liability exposure to
the County; and
WHEREAS the County is concerned with the safety of its employees and protection of
the public; and
WHEREAS hiring employees with acceptable driving records and training employees who
develop unacceptable driving records will reduce vehicle accidents, injuries, repair costs
and insurance premiums; and
WHEREAS such driving standards and review procedures will provide for the review of
all employee driving accidents while on County business and for remedial and disciplinary
measures when unsatisfactory driving performance is determined.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts
the attached driving standards for County employees and procedures for review of current
and prospective employees' driving records effective January 1, 1993.
Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
The Chairperson referred the resolution back to the Personnel Committee. There were
no objections.
Miscellaneous Resolution #92246
BY: PLANNING & BUILDING COMMITTEE, JOHN OLSEN, CHAIRPERSON
IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM (WHITE
LAKE TOWNSHIP EXTENSIONS -- UNION LAKE ROAD IMPROVEMENTS) CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Charter Township of White Lake (the "Township") is in urgent need of
sanitary sewer improvements, which are described in the form of the proposed contract herein-
after mentioned as constituting the "Oakland County Sewage Disposal System (White Lake
Township Extensions -- Union Lake Road Improvements)" (hereinafter sometimes referred to
as the "system"), in order to promote the health and welfare of the residents thereof, which
sanitary sewer improvements also would benefit the County and its residents, and the parties
to said proposed contract have concluded that such improvements can be provided and financed
most economically and efficiently by the County through the exercise of the powers conferred
by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and especially Sections
5a, 5b and 5c thereof; and
WHEREAS, by the terms of Act 342, the County and the Township are authorized to enter
into a contract for the acquisition, construction and financing of the System to serve the
Township and for the payment of the cost thereof by the Township, with interest, and the
County is then authorized to issue its bonds in one or more series to provide the funds necessary
therefor; and
WHEREAS, there has been submitted to this Board of Commissioners a proposed contract
between the County, by and through the County Drain Commissioner, County Agency, party of
the first part, and the Township, party of the second part (the "Contract"), which Contract
provides for the acquisition, construction and financing of the System and which Contract
is hereinafter set forth in full; and
WHEREAS, there have also been submitted for approval and adoption by this Board of
Commissioners, preliminary plans, specifications and estimates of the cost and period of
usefulness of the System; and
WHEREAS, this Board of Commissioners desires to proceed with the establishment of
the System and the approval and execution of the Contract to acquire, construct and finance
the System as provided in the Contract.
THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan,
as follows:
1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of
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Commissioners by majority vote of its members-elect does hereby authorize and direct
that there be established, and there is hereby established, under and pursuant to
Act 342, sewage disposal facilities to be known as the "Oakland County Sewage Disposal
System (White Lake Township Extensions -- Union Lake Road Improvements)," which shall
consist of sanitary sewer trunks and laterals, force mains, pump stations and related
sanitary sewer improvements, as specified and to be located as shown in Exhibit A
to the Contract; that the System shall serve the Township; that the Oakland County
Drain Commissioner is hereby designated and appointed as the "County Agency" for the
Oakland County Sewage Disposal System (White Lake Township Extensions -- Union Lake
Road Improvements); that the County Agency shall have all the powers and duties with
respect to the Oakland County Sewage Disposal System (White Lake Township
Extensions -- Union Lake Road Improvements) as are provided by law and especially
by Act 342; and that all obligations incurred by the County Agency with respect to
the Oakland County Sewage Disposal System (White Lake Township Extensions -- Union
Lake Road Improvements), unless otherwise authorized by this Board of Commissioners,
shall be payable solely from funds derived from the Township as hereinafter provided.
2. PLANS AND SPECIFICATIONS -- ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
preliminary plans and specifications for the 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, are hereby approved and adopted.
3. EXCEPTION FROM PRIOR TREASURY APPROVAL. The County Drain Commissioner and the
County Treasurer are each hereby severally authorized to file with the Michigan
Department of Treasury a Notice of Intent to Issue an Obligation with respect to each
series of the aforementioned bonds in aggregate principal amount not to exceed
$6,000,000 and to pay, upon the filing of said notice, the filing fee of $100 for
each series of bonds to be issued in principal amount less than $500,000 and $400
for each series of bonds to be issued in principal amount of $500,000 or more.
4. APPROVAL OF CONTRACT. The Oakland County Sewage Disposal System (White Lake
Township Extensions -- Union Lake Road Improvements) Contract dated as of August 1,
1992, between the County, by and through the County Drain Commissioner, party of the
first part, and the Township, party of the second part, which Contract has been
submitted to this Board of Commissioners, is hereby approved and adopted, and the
County Drain Commissioner is hereby 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
Township. The Contract reads as follows:
OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM
(White Lake Township Extensions -- Union Lake Road Improvements)
CONTRACT
THIS CONTRACT, made and entered into as of the 1st day of August, 1992, 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 CHARTER TOWNSHIP OF WHITE LAKE, a charter township located in
the County thereinafter sometimes referred to as the "Township"), party of the second part,
W I T N E S S E T H:
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 sewage disposal improvements and services to serve the Township, said
system to be known as "Oakland County Sewage Disposal System (White Lake Township
Extensions -- Union Lake Road Improvements)" (hereinafter sometimes referred to as the
"County System" or 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 Commis-
sioner being hereinafter sometimes referred to as the "County Agency"); and
299
WHEREAS, under and subject to the terms of Act 342, the County is authorized, through
the County Agency, to acquire and construct the sanitary sewer improvements hereinafter
described as constituting the County System, the County and the Township are authorized
to enter into a contract, as hereinafter provided, 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 bonds by the County secured by the pledge of the full faith and credit of the Township
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 issue such bonds and, if
authorized by majority vote of the members-elect of its Board of Commissioners, to pledge
its full faith and credit for the payment of such bonds and the interest thereon; and
WHEREAS, the Township is urgent need of such sanitary sewer improvements in order
to promote the health and welfare of the residents thereof, which improvements would likewise
benefit the County and its residents, and the parties hereto have concluded that such
improvements can be provided and financed most economically and efficiently by the County
through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b
and 5c thereof; and
WHEREAS, the consulting engineers have prepared preliminary plans for the County System
and estimates of the cost and period of usefulness thereof, all of which have been submitted
to and approved by the Board of Commissioners of the County and the Township Board of the
Township and placed on file with said Board of Commissioners in the office of the County
Agency, said estimates being set forth in Exhibit B hereunto attached; and
WHEREAS, it is proposed that the cost of the System be financed by the issuance of
County bonds; and
WHEREAS, in order to provide for the acquisition and construction of the System by
the 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 THE PREMISES AND THE COVENANTS OF EACH OTHER, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. The parties hereto approve and agree to the establishment, acquisition,
construction and financing of the County System, as herein provided, under and
pursuant to Act 342. The Township by way of compliance with Section 29, Article VII,
Michigan Constitution of 1963, consents and agrees to the establishment and 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 or extensions
thereof, and the Township 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 County System shall consist of the sanitary sewer trunks and laterals,
force mains and pump stations, together with all necessary appurtenances and related
facilities, which are described and specified on Exhibit A which is hereunto
attached and is made a part hereof, and as are more particularly set forth in the
preliminary plans which have been prepared and submitted by the consulting engineers,
which plans are on file with the County Agency and are approved and adopted. The
System shall be acquired and constructed substantially in accordance with said
preliminary plans and in accordance with final plans and specifications to be prepared
and submitted by the consulting engineers, but variations therefrom which do not
materially change the location, capacity or overall design of the System, and which
do not 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 Township Board of the Township
and if provisions required by Paragraph 5 hereof are made for payment or financing
of any resulting increase in the total estimated cost. The estimate of the cost of
the System and the estimate of the period of usefulness thereof as set forth in
Exhibit B are approved and adopted.
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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 finance the cost of the System. Such bonds shall be issued in
anticipation of, and be payable primarily from, the payments to be made by the Township
to the County as provided in this contract, and shall be secured secondarily, if
so voted by the Board of Commissioners of the County, by a pledge of the full faith
and credit of the County, and the said bonds shall be payable in annual maturities
the last of which shall be not more than forty years from the date thereof.
4. The County Agency shall proceed to take construction bids for the improvements
to be constructed and, subject to the sale and delivery of bonds, enter into
construction contracts with the lowest responsible bidder or bidders, procure from
the contractors all necessary and proper bonds, cause the improvements to be
constructed within a reasonable time, and do all other things required by this
contract and the laws of the State of Michigan. All certificates for required
payments to contractors shall be approved by the consulting engineers before
presentation to the County Agency and the latter shall be entitled to rely on such
approval in making payments.
5. 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 to be
made in the approved plans or otherwise, then (without execution of any further contract
or amendment of this contract) the Township, by resolution of the Township Board
adopted within fifteen days after the receipt of construction bids, may direct that
a portion of the System be deleted sufficient to reduce the total cost to an amount
which shall not exceed the total estimated cost as hereinbefore stated by more than
5%, provided that such deletion shall not materially change the general scope,
overall design, and purpose of the System, or in the absence of the adoption of such
a resolution the Township shall pay or procure the payment of the increase or excess
in cash, or County bonds in an increased or 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; provided, however, that no such increase or excess shall
be approved and no such increased or additional County bonds shall be authorized
to be issued, nor shall the County enter into any contract for acquisition or
construction of the System or any part thereof or incur any obligation for or pay
any item of cost therefor, where the effect thereof would be to cause the total cost
of the System to exceed by more than 5% its total estimated cost as hereinbefore
stated, unless the Township Board previously shall have adopted a resolution
approving such increase or excess and agreeing that the same (or such part thereof
as is not avail able from other sources) shall be paid or its payment procured by
the Township 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
Township to the County in the manner hereinbefore provided; provided, further, that
the adoption of such resolution by the Township Board 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 such 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 contracted to be sold.
6. The Township shall pay to the County the entire cost of the System not defrayed
by grants and funds available from other sources, which for this purpose shall
include, in addition to the items of the nature set forth in Exhibit B (represented
by the principal amount of the bonds to be issued by the County), all interest payable
by the County on said bonds and all paying agent fees and other expenses and charges
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(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 the principal and/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/or 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 treasurer of the Township with a complete schedule of
the principal and interest maturities thereon, and the County Agency also, at least
thirty days before each payment is due, shall advise the treasurer of the amount
payable to the County on such date. If the Township fails to make any payment to
the County when due, the same shall be subject to a penalty of 1% thereof for each
month or fraction thereof that such amount remains unpaid after due. Failure of
the County Agency to furnish the schedule or give the notice as above required shall
not excuse the Township from the obligation to make payment when due. Payments shall
be made by the Township when due whether or not the System has then been completed
or placed in operation.
7. The Township may pay in advance of maturity all or any part of an annual
installment due the County on the bonds by surrendering to the County bonds issued
hereunder of a like principal amount maturing in the same calendar year or by paying
to the County in cash the principal amount of any County bonds which are to redemption
prior to maturity, plus all interest thereon to the first date upon which such bonds
may be called for redemption, and plus 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. 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 surrendered or called for redemption.
8. The proceeds of sale of the bonds shall be used solely and only to pay the
cost of the System, and after completion thereof and payment of all costs in connection
therewith, any surplus remaining from the sale of the bonds shall be (i) used to
purchase the bonds on the open market or (ii) retained by the County Agency as a
reserve for payment of the bond principal and interest maturities next falling due,
and in such event the contract obligations of the Township in respect to such bonds
or such maturities shall be reduced by the principal amount of bonds so purchased
or of said reserve, said reduction in case of the purchase of bonds, to be applied
as to year, in accordance with the year of the maturity of the bonds so purchased.
Any bonds so purchased shall be canceled. In the alternative, such surplus may be
used, on request of the Township and approval by the Board of Commissioners of the
County, to extend, enlarge or improve the System or to acquire and construct
additional sewage disposal facilities to serve the Township.
9. The Township, pursuant to the authorization of Section 5a of Act 342, hereby
pledges its full faith and credit for the prompt and timely payment of its obligations
expressed in this contract and each year shall levy a tax in an amount which, taking
into consideration estimated delinquencies in tax collections, will be sufficient
to pay its obligations under this contract becoming due before the time of the
following year's tax collections; provided, however, that if at the time of making
its annual tax levy, the Township shall have on hand in cash other funds 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 imposed by the Township
shall be to applicable constitutional tax limitations. The Township Board of the
Township each year, at least 90 days prior to the final date provided by law or charter
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for the making of the annual 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 Township has or will have on
hand or to its credit in the hands of the County which have been set aside and pledged
for payment of said obligations to the County and the amount of the taxes next proposed
to be levied for the purpose of raising money to meet such obligations. The County
Agency promptly shall review such statement, and if he finds that the proposed tax
levy is insufficient, he shall so notify the Township Board and the Township hereby
covenants and agrees that it will thereupon increase its levy to such extent as
may be required by the County Agency.
10. In the event that the Township shall fail for any reason to pay to the County
Agency at the times herein specified, the amounts herein required to be paid, the
state treasurer or other official charged with the disbursement of unrestricted
state funds returnable to the Township pursuant to the Michigan constitution is
authorized hereby to withhold sufficient funds to make up any default or deficiency
in funds. In the event the County is required to advance any money by reason of its
pledge of full faith and credit on the bonds to be issued to finance the acquisition
and construction of the System on account of the delinquency of the Township the
County Treasurer shall 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 Township and to pay such amount to the County. In addition
to the foregoing, the County shall have all other rights and remedies provided by
law to enforce the obligations of the Township to make payments in the manner and
at the times required by this contract. It is specifically recognized by the Township
that the payments required to be made by it pursuant to the terms of this contract
are to be pledged for the payment of the principal of and interest on bonds to be
issued by the County, and the Township covenants and agrees that it will make its
required payments to the County promptly and at the times herein specified, without
regard as to whether the project herein contemplated is actually completed or placed
in operation; provided, only, that nothing herein contained shall limit the
obligation of the County to perform in accordance with the covenants contained herein.
11. No change in the jurisdiction over any territory in the Township shall impair
in any manner the obligations of this contract or affect the obligations of the
Township hereunder. In the event that all or any part of the territory of a Township
is incorporated as a new city or village 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 Township, which proper proportionate share shall be fixed
and determined by the County Agency and shall be binding upon all parties concerned
unless, within sixty (60) days after such incorporation or annexation becomes
effective, the municipality into which such territory is incorporated or to which
such territory is annexed and the Township shall by mutual agreement and with the
written approval of the County Agency fix and determine such proper 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 Township Board of the Township, one designated
by the governing body of the new municipality or the municipality annexing such
territory and one independent registered engineer appointed by the County Agency.
Each governmental unit shall appoint its representative within fifteen (15) 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
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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.
12. This contract is contingent upon the County issuing its negotiable bonds as
herein provided to defray such part of the total estimated cost of the System as is
necessary to be financed, which bonds shall be issued under the authorization provided
in Section 5a, 5b and 5c 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
three years from the date of this contract, unless this contract is extended by mutual
agreement it shall become null and void, except that the Township shall pay all
engineering, legal and other costs and expenses theretofore incurred and shall be
entitled to all plans, specifications and other engineering data and materials.
13. After completion the operation and maintenance of the System shall be in
accordance with applicable agreements between the County and the Township.
14. It is understood and agreed by the parties hereto that the System is to serve
the Township and not the individual property owners and users thereof, unless by special
arrangement between the County Agency and the Township. The responsibility of
requiring connection to and use of the System and/or providing such additional
facilities as may be needed shall be that of the Township which shall cause to be
constructed and maintained, directly or through the County, any such necessary
additional facilities. The County shall not be obligated to acquire or construct
any facilities other than those designated in Paragraph 2 hereof.
15. The County shall have no obligation or responsibility for providing facilities
except as herein expressly provided with respect to the acquisition and construction
of the System or as otherwise provided by contract. The Township shall have the
authority and the responsibility to provide such other facilities and shall have
the right to expand the facilities of the System by constructing or extending sewers
or related facilities, connecting the same to the System, and otherwise improving
the System. It is expressly agreed, nevertheless, that no such connection 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. Any such permit
may be made conditional upon inspection and approval of new construction by the
County. It is further agreed that the System shall be used for collection and
conveyance of sanitary sewage only and that the Township shall take all necessary
action to prevent entry into the System of storm waters 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.
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.
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 credit pledge of the Township to the making payments as set forth in this
contract, will have contractual rights in this contract, and it is therefore covenanted
and agreed that so long as any of said bonds shall remain outstanding and unpaid,
the provisions of this contract shall not be subject to any alteration or revision
which would affect adversely 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 contract or otherwise is nevertheless reserved insofar as
the same do not have such adverse effect. The parties hereto further covenant and
agree that 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 impair in any way the contract
of said bonds, the security therefor or the prompt payment of principal and interest
thereon. It is declared hereby that the terms of this contract and of any amendatory
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or supple mental contract and any contract entered into pursuant hereto, insofar as
they pertain to said bonds or to the payment of the security thereof, shall be deemed
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 for any
reason shall 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 had never been contained herein.
19. This contract shall become effective upon its execution by each party hereto
and the expiration of 45 days after the date of publication of the notice required
by Section Sb of Act 342; provided, however, that if, within the 45 day period, a
proper petition is filed with the Township Clerk of the Township in accordance with
the provisions of said Section 5b of Act 342 then this contract shall not be effective
until its approval by the vote of a majority of the electors of the Township qualified
to vote and voting thereon at a general or special election. This contract shall
terminate forty (40) years from the date hereof or on 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.
COUNTY OF OAKLAND
By:
County Drain Commissioner
(County Agency)
CHARTER TOWNSHIP OF WHITE LAKE
By:
Supervisor
And:
Clerk
5. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Huntoon the resolution be adopted.
AYES: Johnson, Krause, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Obrecht,
Olsen, Palmer, Pappageorge, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake,
Gosling, Huntoon, Jensen. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson vacated the Chair. Vice Chairperson Ruth Johnson took the Chair.
Miscellaneous Resolution #92247
BY: PLANNING & BUILDING COMMITTEE, JOHN E. OLSEN, CHAIRPERSON
305
IN RE: DRAIN COMMISSIONER -- RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART
OF THE COST OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County") and the City of Orchard Lake Village
(the 'City') have entered into the City of Orchard Lake Village Sanitary Sewage Collection
and Disposal System Contract dated as of November 1, 1989 (the "Contract") pursuant to the
provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ('(Act 342'); and
WHEREAS, the Contract provides for the issuance of bonds by the County to defray the
cost of acquiring and constructing the City of Orchard Lake Village Sanitary Sewage Collection
and Disposal System, said bonds to be secured by the contractual obligation of the city to
pay to the County amounts sufficient to pay the principal of and interest on the bonds and
to pay such paying agent fees and other expenses as may be incurred on account of the bonds;
and
WHEREAS, the Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System)
dated September 1, 1990 have been issued in the principal amount of $2,135,000 to defray
part of the cost of the project; and
WHEREAS, it is in the best interest of the County of Oakland that additional bonds
be issued at this time.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN,
as follows:
1. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County aggregating the principal
sum of Five Million Two Hundred Sixty-Five Thousand Dollars ($5,265,000) shall be
issued and sold pursuant to the provisions of Act 342, and other applicable statutory
provisions, for the purpose of defraying part of the cost of acquiring and constructing
the City of Orchard Lake Village Sanitary Sewage Collection and Disposal System.
2. BOND DETAILS. The bonds shall be designated Oakland County Sewage Disposal
Bonds (City of Orchard Lake Village System) Series 1992; shall be dated December 1,
1992; shall be numbered from 1 upwards; shall be fully registered; shall be in the
denomination of 5,000 each or any integral multiple thereof not exceeding the aggregate
principal amount for each maturity at the option of the purchaser thereof; shall bear
interest at a rate or rates not exceeding 8% per annum to be determined upon the sale
thereof payable on May 1, 1993, and semiannually thereafter on the first days of May
and November in each year; and shall mature on November 1 in each year as follows:
1994 ll5,000 2003 $275,000
1995 175,000 2004 300,000
1996 175,000 2005 300,000
1997 175,000 2006 300,000
1998 175,000 2007 300,000
1999 175,000 2008 300,000
2000 175,000 2009 300,000
2001 250,000 2010 350,000
2002 250,000 2011 550,000
2012 625,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds
shall be payable in lawful money of the United States. Principal shall be payable
upon presentation and surrender of the bonds to the bond registrar and paying agent
as they severally mature. Interest shall be paid to the registered owner of each bond
as shown on the registration books at the close of business on the 15th day of the
calendar month preceding the month in which the interest payment is due. Interest
shall be paid when due by check or draft drawn upon and mailed by the bond registrar
and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2002 shall not be subject
to redemption prior to maturity. Bonds maturing on and after November 1, 2002 shall
be subject to redemption prior to maturity upon the terms and conditions set forth
in the form of bond contained in Section 8 hereof.
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5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and
may enter into an agreement with, a bond registrar and paying agent for the bonds
which shall be a bank or trust company located in the State of Michigan which is
qualified to act in such capacity under the laws of the United States of America or
the State of Michigan. The County Treasurer may from time to time as required designate
a similarly qualified successor bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed
in the name of the County by the facsimile signatures of the Chairman of the Board
of Commissioners and the County Clerk and authenticated by the manual signature of
an authorized representative of the bond registrar and paying agent, and the seal
of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds.
After the bonds have been executed and authenticated for delivery to the original
purchaser thereof, they shall be delivered by the County Treasurer, to the purchaser
upon receipt of the purchase price. Additional bonds bearing the facsimile signatures
of the Chairman of the Board of Commissioners and the County Clerk and upon which
the seal of the County (or a facsimile thereof) is impressed or imprinted may be
delivered to the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and paying agent
shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the
bond registrar and paying agent duly executed by the registered owner or his duly
authorized attorney, at the option of the registered owner thereof, may be exchanged
for bonds of any other authorized denominations of the same aggregate principal amount
and maturity date and bearing the same rate of interest as the surrendered bond. Each
bond shall be transferable only upon the books of the County, which shall be kept
for that purpose by the bond registrar and paying agent, upon surrender of such bond
together with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on
behalf of the County shall cancel the surrendered bond and shall authenticate and
deliver to the transferee a new bond or bonds of any authorized denomination of the
same aggregate principal amount and maturity date and bearing the same rate of interest
as the surrendered bond. If, at the time the bond registrar and paying agent
authenticates and delivers a new bond pursuant to this section, payment of interest
on the bonds is in default, the bond registrar and paying agent shall endorse upon
the new bond the following: Payment of interest on this bond is in default. The last
date to which interest has been paid is-------------." The County and the bond
registrar and paying agent may deem and treat the person in whose name any bond shall
be registered upon the books of the County as the absolute owner of such bond, whether
such bond shall be overdue or not, for the purpose of receiving payment of the principal
of and interest on such bond and for all other purposes, and all payments made to
any such registered owner, or upon his order, in accordance with the provisions of
Section 3 of this resolution shall be valid and effectual to satisfy and discharge
the liability upon such bond to the extent of the sum or sums so paid, and neither
the County nor the bond registrar and paying agent shall be affected by any notice
to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense judgment,
or liability incurred by it, acting in good faith and without negligence hereunder,
in so treating such registered owner. For every exchange or transfer of bonds, the
County or the bond registrar and paying agent may make a charge sufficient to reimburse
it for any tax, fee or other governmental charge required to be paid with respect
to such exchange or transfer, which sum or sums shall be paid by the person requesting
such exchange or transfer as a condition precedent to the exercise of the privilege
of making such exchange or transfer. The bond registrar and paying agent shall not
be required to transfer or exchange bonds or portions of bonds which have been selected
307
for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY SEWAGE DISPOSAL BOND
(CITY OF ORCHARD LAKE VILLAGE SYSTEM)
SERIES 1992
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
December 1, 1990
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and
for value received hereby promises to pay to the Registered Owner identified above, or
registered assigns, the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of
this bond at_______________ in the City of ____________, Michigan, the bond registrar
and paying agent, and to pay to the Registered Owner, as shown on the registration books
at the close of business on the 15th day of the calendar month preceding the month in which
an interest payment is due, by check or draft drawn upon and mailed by the bond registrar
and paying agent by first class mail postage prepaid to the Registered Owner at the registered
address, interest on such Principal Amount from the Date of Original Issue or such later
date through which interest shall have been paid until the County's obligation with respect
to the payment of such Principal Amount is discharged at the rate per annum specified above.
Interest is payable on the first days of May and November in each year, commencing on May
1, 1993. Principal and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Five Million
Two Hundred Sixty-Five Thousand Dollars ($5,265,000) issued by the County under and pursuant
to and in full conformity with the Constitution and Statutes of Michigan (especially Act
No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the
Board of Commissioners of the County (the "Resolution") for the purpose of defraying part
of the cost of acquiring and constructing the City of Orchard Lake Village Sanitary Sewage
Collection and Disposal System. The bonds of this series are issued in anticipation of payments
to be made by the City of Orchard Lake Village in the aggregate principal amount of Five
Million Two Hundred Sixty-Five Thousand Dollars ($5,265,000) pursuant to a contract between
the County and the City of Orchard Lake Village dated as of November 1, 1989. The full Faith
and credit-of the City of Orchard Lake Village have been pledged to the prompt payment of
the foregoing amount and the interest thereon as the same become due. As additional security
the full faith and credit of the County have been pledged for the prompt payment of the principal
of and interest on the bonds of this series. Taxes levied by the City of Orchard Lake Village
for the payment of its obligations to the County are not to limitation as to rate or amount.
Taxes levied by the County to pay the principal of and interest on the bonds of this series
are subject to constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of
this bond together with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the owner or his attorney duly authorized in writing. Upon
the exchange or transfer of this bond a new bond or bonds of any authorized denomination,
in the same aggregate principal amount and of the same interest rate and maturity, shall
be authenticated and delivered to the transferee in exchange therefor as provided in the
Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated
and delivered shall be in the denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange
bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 2002, are not subject to redemption prior to
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maturity. Bonds maturing on and after November 1, 2002, are to redemption prior to maturity
at the option of the County, in such order as shall be determined by the County, on any one
or more interest payment dates on and after November 1, 2001. Bonds of a denomination greater
than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions
of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value
of the bond or portion of the bond called to be redeemed plus interest to the date fixed
for redemption and a premium as follows:
1% of the par value if called for redemption on or after November 1, 2001, but prior to
November 1, 2003;
0.5% of the par value if called for redemption on or after November 1, 2003, but prior
to November 1, 2005;
No premium if called for redemption on or after November 1, 2005.
Not less than thirty days' notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or
portions of bonds called for redemption shall not bear interest after the date fixed for
redemption, provided funds are on hand with the bond registrar and paying agent to redeem
the same.
It is hereby certified, recited and declared that all acts, conditions and things
required to exist, happen and be performed precedent to and in the issuance of the bonds
of this series, existed, have happened and have been performed in due time, form and manner
as required by law, and that the total indebtedness of said County, including the series
of bonds of which this bond is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners,
has caused this bond to be executed in its name by facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof)
to be impressed or imprinted here on. This bond shall not be valid unless the Certificate
of Authentication has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
SEAL)
By:_______________ By:____________
County Clerk Chairman Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:_______________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto (please print
or type name, address and taxpayer identification number of transferee) the within bond and
all rights thereunder and does hereby irrevocably constitute and appoint a______________
attorney to transfer the within bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:________________________ _________________________________
Signature Guaranteed _________________________________
The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm
which is a member of a major stock exchange.
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9. SECURITY. The bonds shall be issued in anticipation of payments to be made
by the City of Orchard Lake Village pursuant to the Contract. The bonds shall be secured
primarily by the full faith and credit pledge made by the City of Orchard Lake Village
in the Contract pursuant to the authorization contained in Act 342. As additional
and secondary security the full faith and credit of the County are pledged for the
prompt payment of the principal of and interest on the bonds as the same shall become
due. If the City of Orchard Lake Village shall fail to make payments to the County
which are sufficient to pay the principal of and interest on the bonds as the same
shall become due, an amount sufficient to pay the deficiency shall be advanced from
the general fund of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United States or
obligations the principal of and interest on which are guaranteed by the United States,
or a combination thereof, the principal of and interest on which, without reinvestment,
come due at times and in amounts sufficient to pay, at maturity or irrevocable call
for earlier optional redemption, the principal of, premium, if any, and interest on
the bonds, or any portion thereof, shall have been deposited in trust, this Bond
Resolution shall be defeased with respect to such bonds and the owners of such bonds
shall have no further rights under this Bond Resolution except to receive payment
of the principal of, premium, if any, and interest on such bonds from the cash or
securities deposited in trust and the interest and gains thereon and to transfer and
exchange bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND . There shall be established for the bonds a
Principal and Interest Fund which shall be kept in a separate bank account. From the
proceeds of the sale of the bonds there shall be set aside in the Principal and Interest
Fund any premium and accrued interest received from the purchaser of the bonds at
the time of delivery of the same. All payments received from the City of Orchard Lake
Village pursuant to the Contract are pledged for payment of the principal of and
interest on the bonds and expenses incidental thereto and as received shall be placed
in the Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall
be set aside in a construction fund and used to acquire and construct the City of
Orchard Lake Village Sanitary Sewage Collection and Disposal System in accordance
with the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY --EXCEPTION FROM PRIOR APPROVAL.
The issuance and sale of the bonds shall be subject to permission being granted therefor
by the Department of Treasury of the State of Michigan or an exception from prior
approval being granted by the Department of Treasury and the County Drain Commissioner
and the County Treasurer are each hereby severally authorized to file with the
Department of Treasury a Notice of Intent to Issue an Obligation with respect to the
bonds and to pay, upon the filing of said notice, the filing fee of $400. If an exception
from prior approval is not granted the County Drain Commissioner or the County Treasurer
shall make application to the Department of Treasury for permission to issue and sell
the bonds as provided by the terms of this resolution and for approval of the form
of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner
shall determine that it is not necessary to sell bonds in the principal amount of
Five Million Two Hundred Sixty-Five Thousand Dollars ($5,265,000), he may by order
reduce the principal amount of bonds to be sold to that amount deemed necessary. In
the event the principal amount of the bond issue is reduced pursuant to this section,
the County Drain Commissioner shall reduce the amount of bonds maturing in any one
or more years as necessary.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership
of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently
destroyed or wrongfully taken and of security or indemnity which complies with
applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the
bond registrar and paying agent to deliver a new executed bond to replace the bond
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lost, apparently destroyed or wrongfully taken in compliance with applicable law.
In the event an outstanding matured bond is lost, apparently destroyed or wrongfully
taken, the Treasurer may authorize the bond registrar and paying agent to pay the
bond without presentation upon the receipt of the same documentation required for
the delivery of a replacement bond. The bond registrar and paying agent, for each
new bond delivered or paid without presentation as provided above, shall require the
payment of expenses, including counsel fees, which may be incurred by the bond registrar
and paying agent and the County in the premises. Any bond delivered pursuant the
provisions of this Section 15 in lieu of any bond lost, apparently destroyed or
wrongfully taken shall be of the same form and tenor and be secured in the same manner
as the bond in substitution for which such bond was delivered.
16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain
Commissioner is authorized to prescribe the form of notice of sale for the bonds,
to sell the bonds at not less than 99% of par plus accrued interest in accordance
with the laws of this state and to do all things necessary to effectuate the sale,
issuance, delivery, transfer and exchange of the bonds in accordance with the
provisions of this resolution. The County Drain Commissioner is authorized to cause
the preparation of an official statement for the bonds for purposes of compliance
with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the
"Rule") and to do all other things necessary to comply with the Rule. After the award
of the bonds, the County will provide copies of a "final official statement" (as defined
in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as
requested by the successful bidder or bidders to enable such bidder or bidders to
comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities
Rulemaking Board.
17. TAX COVENANT. The County covenants to comply with all requirements of the
Internal Revenue Code of 1986, as amended, necessary to assure that the interest on
the bonds will be and will remain excludable from gross income for federal income
tax purposes. The County Drain Commissioner and other appropriate County officials
are authorized to do all things necessary (including the making of covenants of the
County) to assure that the interest on the bonds will be and will remain excludable
from gross income for federal income tax purposes.
18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as
they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Law the resolution be adopted.
AYES: Krause, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pappageorge, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Ferrens,
Huntoon, Jensen, Johnson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution #92248
BY: PLANNING & BUILDING COMMITTEE, JOHN E. OLSEN, CHAIRPERSON
IN RE: DRAIN COMMISSIONER -- RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART
OF THE COST OF CITY OF ORCHARD LAKE VILLAGE WATER SUPPLY SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County ) and the City of Orchard Lake Village
(the City") have entered into the City of Orchard Lake Village Water Supply System Contract
dated as of November 1, 1990 (the "Contract ) pursuant to the provisions of Act No. 342,
311
Public Acts of Michigan, 1939, as amended ( (Act 342"); and
WHEREAS, the Contract provides for the issuance of bonds by the County to defray the
cost of acquiring and constructing the City of Orchard Lake Village Water Supply System,
said bonds to be secured by the contractual obligation of the City to pay to the County amounts
sufficient to pay the principal of and interest on the bonds and to pay such paying agent
fees and other expenses as may be incurred on account of the bonds; and
WHEREAS, it is in the best interest of the County of Oakland that the bonds be issued
and the project be acquired and constructed.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN,
as follows:
1. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County aggregating the principal
sum of Three Million Five Hundred Forty-Five Thousand Dollars ($3,545,000) shall be
issued and sold pursuant to the provisions of Act 342, and other applicable statutory
provisions, for the purpose of defraying part of the cost of acquiring and constructing
the City of Orchard Lake Village Water Supply System.
2. BOND DETAILS. The bonds shall be designated Oakland County Water Supply Bonds
(City of Orchard Lake Village System) Series 1992; shall be dated December 1, 1992;
shall be numbered from 1 upwards; shall be fully registered; shall be in the
denomination of $5,000 each or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity at the option of the purchaser thereof;
shall bear interest at a rate or rates not exceeding 8% per annum to be determined
upon the sale thereof payable on May 1, 1993, and semi-annually thereafter on the
first days of May and November in each year; and shall mature on November 1 in each
year as follows:
1994 $ 45,000 2004 $175,000
1995 175,000 2005 175,000
1996 175,000 2006 200,000
1997 175,000 2007 200,000
1998 125,000 2008 225,000
1999 125,000 2009 250,000
2000 150,000 2010 275,000
2001 150,000 2011 275,000
2002 175,000 2012 300,000
2003 175,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall
be payable in lawful money of the United States. Principal shall be payable upon
presentation and surrender of the bonds to the bond registrar and paying agent as
they severally mature. Interest shall be paid to the registered owner of each bond
as shown on the registration books at the close of business on the 15th day of the
calendar month preceding the month in which the interest payment is due. Interest
shall be paid when due by check or draft drawn upon and mailed by the bond registrar
and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2002 shall not be subject
to redemption prior to maturity. Bonds maturing on and after November 1, 2002 shall
be subject to redemption prior to maturity upon the terms and conditions set forth
in the form of bond contained in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter
into an agreement with, a bond registrar and paying agent for the bonds which shall
be a bank or trust company located in the State of Michigan which is qualified to
act in such capacity under the laws of the United States of America or the State of
Michigan. The County Treasurer may from time to time as required designate a similarly
qualified successor bond registrar and paying agent.
6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
name of the County by the facsimile signatures of the Chairman of the Board of
Commissioners and the County Clerk and authenticated by the manual signature of an
authorized representative of the bond registrar and paying agent, and the seal of
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the County (or a facsimile thereof) shall be impressed or imprinted on the bonds.
After the bonds have been executed and authenticated for delivery to the original
purchaser thereof, they shall be delivered by the County Treasurer to the purchaser
upon receipt of the purchase price. Additional bonds bearing the facsimile signatures
of the Chairman of the Board of Commissioners and the County Clerk and upon which
the seal of the County (or a facsimile thereof) is impressed or imprinted may be
delivered to the bond registrar and paying agent for authentication and delivery in
connection with the exchange or transfer of bonds. The bond registrar and paying agent
shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar
and paying agent with a written instrument of transfer satisfactory to the bond
registrar and paying agent duly executed by the registered owner or his duly authorized
attorney, at the option of the registered owner thereof, may be exchanged for bonds
of any other authorized denominations of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. Each
bond shall be transferable only upon the books of the County, which shall be kept
for that purpose by the bond registrar and paying agent, upon surrender of such bond
together with a written instrument of transfer to the bond registrar and paying agent
duly executed by the registered owner or his duly authorized attorney. Upon the exchange
or transfer of any bond, the bond registrar and paying agent on behalf of the County
shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized denomination of the same aggregate principal
amount and maturity date and bearing the same rate of interest as the surrendered
bond. If, at the time the bond registrar and paying agent authenticates and delivers
a new bond pursuant to this section, payment of interest on the bonds is in default,
the bond registrar and paying agent shall endorse upon the new bond the following:
"Payment of interest on this bond is in default. The last date to which interest has
been paid is ____________."
The County and the bond registrar and paying agent may deem and treat
the person in whose name any bond shall be registered upon the books of the County
as the absolute owner of such bond, whether such bond shall be overdue or not, for
the purpose of receiving payment of the principal of and interest on such bond and
for all other purposes, and all payments made to any such registered owner, or upon
his order, in accordance with the provisions of Section 3 of this resolution shall
be valid and effectual to satisfy and discharge the liability upon such bond to the
extent of the sum or sums so paid, and neither the County nor the bond registrar and
paying agent shall be affected by any notice to the contrary. The County agrees to
indemnify and save the bond registrar and paying agent harmless from and against any
and all loss, cost, charge, expense, judgment or liability incurred by it, acting
in good faith and without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying
agent may make a charge sufficient to reimburse it for any tax, fee or other governmental
charge required to be paid with respect to such exchange or transfer, which sum or
sums shall be paid by the person requesting such exchange or transfer as a condition
precedent to the exercise of the privilege of making such exchange or transfer.
The bond registrar and paying agent not be required to transfer
or exchange bonds or portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY BOND
(CITY OF ORCHARD LAKE VILLAGE SYSTEM)
SERIES 1992
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
December 1, 1990
313
Registered Owner
Principal Amount
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted
to and for value received hereby promises to pay to the Registered Owner identified above,
or registered assigns, the Principal Amount set forth above on the Maturity Date specified
above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender
of this bond at _________ in the City of _________, Michigan, the bond registrar and paying
agent, and to pay to the Registered Owner, as shown on the registration books at the close
of business on the 15th day of the calendar month preceding the month in which an interest
payment is due, by check or draft drawn upon and mailed by the bond registrar and paying
agent by first class mail prepaid to the Registered Owner at the registered address, interest
on such Principal Amount from the Date of Original Issue or such later date through which
interest shall have been paid until the County's obligation with respect to the payment of
such Principal Amount is discharged at the rate per annum specified above. Interest is payable
on the first days of May and November in each year, commencing on May 1, 1993. Principal
and interest are payable in lawful money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Three Million
Five Hundred Forty-Five Thousand Dollars ($3,545,000) issued by the County under and pursuant
to and in full conformity with the Constitution and Statutes of Michigan (especially Act
No. 342, Public of 1939, as amended) and a bond authorizing resolution adopted by the Board
of Commissioners of the County (the "Resolution") for the purpose of defraying part of the
cost of acquiring and constructing the City of Orchard Lake Village Water Supply System.
The bonds of this series are issued in anticipation of payments to be made by the City of
Orchard Lake Village in the aggregate principal amount of Three Million Five Hundred Forty-Five
Thousand Dollars ($3,545,000) pursuant to a contract between the County and the City of Orchard
Lake Village dated as of November 1, 1990. The full Faith and credit of the City of Orchard
Lake Village have been pledged to the prompt payment of the foregoing amount and the interest
thereon as the same become due. As additional security the full faith and credit of the County
have been pledged for the prompt payment of the principal of and interest on the bonds of
this series. Taxes levied by the City of Orchard Lake Village for the payment of its obligations
to the County are not subject to limitation as to rate or amount. Taxes levied by the County
to pay the principal of and interest on the bonds of this series are subject to constitutional
tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of
the County kept for that purpose by the bond registrar and paying agent, upon the surrender
of this bond together with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his attorney duly authorized in
writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized
denomination, in the same aggregate principal amount and of the same interest and maturity,
shall be authenticated and delivered to the transferee in exchange therefor as provided in
the Resolution, and upon payment of the charges, if any, therein provided. Bonds so
authenticated and delivered shall be in the denomination of 5,000 or any integral multiple
thereof not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange
bonds or portions of bonds which have been selected for redemption.
Bonds maturing prior to November 1, 2002, are not subject to redemption prior to
maturity. maturing on and after November 1, 2002, are subject to redemption prior to maturity
at the option of the County, in such order as shall be determined by the County, on any one
or more interest payment dates on and after November 1, 2001. Bonds of a denomination greater
than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof.
If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions
of bonds to be redeemed shall be selected by lot. The redemption price shall be the par
value of the bond or portion of the bond called to be redeemed plus interest to the date
fixed for redemption and a premium as follows:
314
1% of the par value if called for redemption on or after November 1, 2001, but prior to
November 1, 2003;
0.5% of the par value if called for redemption on or after November 1, 2003, but prior
to November 1, 2005;
No premium if called for redemption on or after November 1, 2005.
Not less than thirty days notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds
or portions of bonds called for redemption shall not bear interest after the date fixed for
redemption, provided funds are on hand with the bond registrar and paying agent to redeem
the same.
It is hereby certified, recited and declared that all acts, conditions and things
required to exist, happen and be performed precedent to and in the issuance of the bonds
of this series, existed, have happened and have been performed in due time, form and manner
as required by law, and that the total indebtedness of said County, including the series
of bonds of which this bond is one, not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners,
has caused this bond to be executed in its name by facsimile signatures of the Chairman of
the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof)
to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate
of Authentication has been manually executed by an authorized representative of the bond
registrar and paying agent.
COUNTY OF OAKLAND
(SEAL)
By:__________________ By:_____________________________
County Clerk Chairman Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent_________________________
By:___________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of
transferee) the within bond and all rights thereunder and does hereby irrevocably constitute
and appoint _________________ attorney to transfer the within bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated:_______________________________ _____________________________________
Signature Guaranteed
_____________________________________
The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm
which is a member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
City of Orchard Lake Village pursuant to the Contract. The bonds shall be secured
primarily by the full faith and credit pledge made by the City of Orchard Lake Village
in the Contract pursuant to the authorization contained in Act 342. As additional
and secondary security the full faith and credit of the County are pledged for the
prompt payment of the principal of and interest on the bonds as the same shall become
due. If the City of Orchard Lake Village shall fail to make payments to the County
315
which are sufficient to pay the principal of and interest on the bonds as the same
shall become due, an amount sufficient to pay the deficiency shall be advanced from
the general fund of the County.
10. DEFEASANCE. In the event cash or direct obligations of the United States or obligations
the principal of and interest on which are guaranteed by the United States, or a
combination thereof, the principal of and interest on which, without reinvestment,
come due at times and in amounts sufficient to pay, at maturity or irrevocable call
for earlier optional redemption, the principal of, premium, if any, and interest on
the bonds, or any portion thereof, shall have been deposited in trust, this Bond
Resolution shall be defeased with respect to such bonds and the owners of such bonds
shall have no further rights under this Bond Resolution except to receive payment
of the principal of, premium, if any, and interest on such bonds from the cash or
securities deposited in trust and the interest and gains thereon and to transfer and
exchange bonds as provided herein.
11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal
and Interest Fund which shall be kept in a separate bank account. From the proceeds
of the sale of the bonds there shall be set aside in the Principal and Interest Fund
any premium and accrued interest received from the purchaser of the bonds at the time
of delivery of the same. All payments received from the City of Orchard Lake Village
pursuant to the Contract are pledged for payment of the principal of and interest
on the bonds and expenses incidental thereto and as received shall be placed in the
Principal and Interest Fund.
12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a construction fund and used to acquire and construct the City of Orchard
Lake Village Water Supply System in accordance with the provisions of the Contract.
13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY --EXCEPTION FROM PRIOR APPROVAL. The
issuance and sale of the bonds shall be subject to being granted therefor by the
Department of Treasury of the State of Michigan or an exception from prior approval
being granted by the Department of Treasury and the County Drain Commissioner and
the County Treasurer are each hereby severally authorized to file with the Department
of Treasury a Notice of Intent to Issue an Obligation with respect to the bonds and
to pay, upon the filing of said notice, the filing fee of $400. If an exception from
prior approval is not granted the County Drain Commissioner or the County Treasurer
shall make application to the Department of Treasury for permission to issue and sell
the bonds as provided by the terms of this resolution and for approval of the form
of Notice of Sale.
14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall
determine that it is not necessary to sell bonds in the principal amount of Three
Million Five Hundred Forty-Five Thousand Dollars ($3,545,000), he may by order reduce
the principal amount of bonds to be sold to that amount deemed necessary. In the event
the principal amount of the bond issue is reduced pursuant to this section, the County
Drain Commissioner shall reduce the amount of bonds maturing in any one or more years
as necessary.
15. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of
an unmatured bond, of satisfactory evidence that the bond has been lost, apparently
destroyed or wrongfully taken and of security or indemnity which complies with
applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the
bond registrar and paying agent to deliver a new executed bond to replace the bond
lost, apparently destroyed or wrongfully taken in compliance with applicable law.
In the event an outstanding matured bond is lost, apparently destroyed or wrongfully
taken, the Treasurer may authorize the bond registrar and paying agent to pay the
bond without presentation upon the receipt of the same documentation required for
the delivery of a replacement bond. The bond registrar and paying agent, for each
new bond delivered or paid without presentation as provided above, shall require the
payment of expenses, including counsel fees, which may be incurred by the bond registrar
and paying agent and the County in the premises. Any bond delivered pursuant the
316
provisions of this Section 15 in lieu of any bond lost, apparently destroyed or
wrongfully taken shall be of the same form and tenor and be secured in the same manner
as the bond in substitution for which such bond was delivered.
16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain authorized
to prescribe the form of notice of sale for the bonds, to sell the bonds at not less
than 99% of par plus accrued interest in accordance with the laws of this state and
to do all things necessary to effectuate the sale, issuance, delivery, transfer and
exchange of the bonds in accordance with the provisions of this resolution.
The County Drain Commissioner is authorized to cause the preparation of
an official statement for the bonds for purposes of compliance with Rule 15c2-12 issued
under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other
things necessary to comply with the Rule. After the award of the bonds, the County
will provide copies of a "final official statement (as defined in paragraph (e)(3)
of the Rule) on a timely basis and in reasonable quantity as requested by the successful
bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4)
of the Rule and the rules of the Municipal Securities Rulemaking Board.
17. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds
will be and will remain excludable from gross income for federal income tax purposes.
The County Drain Commissioner and other appropriate County officials are authorized
to do all things necessary (including the making of covenants of the County) to assure
that the interest on the bonds will be and will remain excludable from gross income
for federal income tax purposes.
18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they
may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Schmid the resolution be adopted.
AYES: Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Obrecht, Olsen, Palmer,
Pappageorge, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Gosling, Huntoon, Jensen,
Johnson, Krause. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairperson returned to the Chair.
MISCELLANEOUS RESOLUTION #92249
BY: PLANNING AND BUILDING COMMITTEE - John Olsen, Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION OAKLAND/PONTIAC AIRPORT - WATERMAIN EASEMENT
TO WATERFORD TOWNSHIP - SIDWELL NO.13-17-351-009
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland owns property located at 6500 Highland Road, Waterford
Township, Michigan, Tax Sidwell No. 13-17-351-009, known as Oakland/Pontiac Airport; and
WHEREAS, in order to improve said property, Tax Sidwell No. 13-17-351-009, a water
supply system was installed; and
WHEREAS, the Township of Waterford is requesting an easement on County owned property
at the Oakland/Pontiac Airport for the operation and maintenance of a water supply system
across a portion of property described as Tax Parcel 13-17-351-009; and
WHEREAS, the Airport Committee and Airport Manager have reviewed and recommend the
granting of this easement request.
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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the granting of this easement to the Township of Waterford for the operation and maintenance
of a water supply system across Tax Parcel No. 13-17-351-009 at the Oakland/Pontiac Airport.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it
Chairperson to execute the necessary documents to effect the same.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Oaks the resolution be adopted.
AYES: McConnell, McCulloch, McPherson, Moffitt, Oaks, Obrecht, Olsen, Palmer,
Pappageorge, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling,
Huntoon, Jensen, Johnson, Krause, Law. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #92250
BY: PLANNING & BUILDING COMMITTEE - JOHN E. OLSEN, CHAIRPERSON
IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZATION TO RECEIVE BIDS - CHILDREN'S VILLAGE SECURITY
IMPROVEMENTS
To Oakland County Board of Commissioners,
Chairperson, Ladies, and Gentlemen:
WHEREAS, Children's Village "A" South and "J" Buildings are highly secure detention
buildings housing violent juvenile offenders; and
WHEREAS, there is no video surveillance in Buildings "A" or "J" thus requiring the
opening and closing of remote doors based on verbal requests only; and
WHEREAS, audio monitoring is limited to some individual sleeping rooms of Building
"J" with portions of the system defective and unrepairable; and
WHEREAS, in order to safeguard residents, public, and staff it is being proposed
to install cameras at strategic locations to monitor resident movement; and
WHEREAS, to provide further safeguards, it is being proposed to replace and extend
the existing audio monitoring equipment to include additional sleeping quarters in both "A"
and "J" Buildings; and
WHEREAS, such safeguards have been estimated to cost $275,000; and
WHEREAS, funding for this project is available in the Children's Village Security
line item of the Utilities Section of the 1992 Capital Improvement Program,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the Department of Public Works to advertise said project for bids, receive bids, and to report
to the Planning and Building Committee upon receipt and tabulation of such bids.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Aaron the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge,
Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon,
Jensen, Johnson, Krause, Law, McConnell. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
318
MISCELLANEOUS RESOLUTION #9225l
BY: PLANNING & BUILDING COMMITTEE - JOHN E. OLSEN, CHAIRPERSON
IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZATION TO RECEIVE BIDS - REPLACEMENT OF JAIL
FIRE ALARM
To Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS, the existing fire alarm system in the original section of the Jail is over
twenty years old; and WHEREAS, this system is unreliable and is constantly being
repaired; and
WHEREAS, critical system components are becoming increasingly difficult if not
impossible to find; and
WHEREAS, it has been determined that in order to maintain an acceptable level of
reliability, this system should be completely replaced; and
WHEREAS, funding for this project is available in the Jail Fire Alarm line item
of the Building Section of the 1992 Capital Improvement Program,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Department of Public Works to advertise said project for bids, receive bids,
and to report to the Planning and Building Committee upon receipt and tabulation of such
bids.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Olsen supported by Schmid the resolution be adopted.
AYES: McPherson, Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Schmid, Serra,
Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause,
Law, McConnell, McCulloch. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution #92252
By: Planning and Building Committee
IN RE: DRAIN COMMISSIONER - ADVANCE OF FUNDS FOR LAKE LOUISE DAM
To the Oakland County Board of Commissioners:
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution
No. 91019 on February 14, 1991, directing the Prosecuting Attorney to initiate a Complaint
to establish a lake level for Lake Louise and Huff Lake, as provided for in Act 146 of the
Public Acts of 1961, as amended; and
WHEREAS the Oakland County Circuit Court by its Order dated November 8, 1991 established
the normal height and level for Lake Louise and Huff Lake, and confirmed a special assessment
district whose property owners will be assessed for the cost of construction and future
maintenance for the Lake Louise Dam; and
WHEREAS the Drain Commissioner in order to proceed with the construction of a new
dam for Lake Louise and Huff Lake requests the advance of an amount not to exceed $535,000,
with the full amount of the advance to be repaid from a special assessment roll to be collected
over a period of ten years, and said advance to be repaid with simple interest at an annual
rate of ** %; and
WHEREAS the actual amount to be advanced, not to exceed $535,000, shall be determined
after the receipt of competitive bids for the construction of the new dam; and
WHEREAS the Drain Commissioner herewith submits for the approval of the Board of
Commissioners the estimated cost of the lake level control project (Exhibit A), and a special
assessment roll to recover that cost (Exhibit B).
NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, for
319
the protection of public safety, to protect the natural resources of the State, and to protect
the value of properties around Lake Louise and Huff Lake in Brandon Township, deems it expedient
to authorize the advance of a sum not to exceed $535,000 to the Lake Level Control District
for Lake Louise and Huff Lake for the construction of a new dam.
BE IT FURTHER RESOLVED that the full amount of the advance shall be repaid from a
special assessment roll to be collected over a period of ten years, and that said advance
shall be repaid with simple interest an annual rate of ** %.
**Per Fiscal Note
BE IT FURTHER RESOLVED that the real property within the special assessment district,
which will benefit from the construction of the new dam, shall bear the entire cost of the
project, and the future cost of maintaining the lake level for Lake Louise and Huff Lake.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the
estimated cost of the lake level control project at an amount not to exceed $535,000 (Exhibit
A, attached), and the special assessment roll (Exhibit B,) with the understanding that upon
receipt of competitive bids for the construction of the new dam, the Drain Commissioner may
reduce the estimated cost, and that the Drain Commissioner shall also revise the special
assessment roll to recover the lesser amount in such case, with revisions to the roll to
be made so that each parcel of property assessed shall pay the same proportionate share of
the cost of the project as set forth in Exhibit B, attached.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #92252)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - ADVANCE OF FUNDS FOR LAKE LOUISE DAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution # 92252 and finds:
1) Funding of an amount not to exceed $535,000 is requested for repairs, construction,
county salaries, legal, engineering, design and administrative cost some of which
are incurred to date for construction of the Lake Louise Dam; and
2) Funding of $562,000 in the General Fund - Designated Fund Balance for Operational
Improvement would be transferred to the Revolving Fund to be used for this project
and upon repayment to the revolving fund they would become available for future
projects.
3) The transfer of funds from the General Fund will reduce the investment base thus
reducing interest revenue approximately $27,000 and the budget should be reduced to
recognize this; and
4) The Resolution be amended to note that the loan would be repaid to the Revolving Fund
and the project would be charged interest computed and compounded quarterly based
on the prevailing six month Treasury Bill rate.
5) If the loan balance is less than $2,000 or paid back within two years, then no interest
would be charged to this project.
6) The 1992 Adopted Budget be amended as follows:
GENERAL FUND REVENUE 1992 BUDGET
3-10100-909-01-00-9901 Sundry-Prior Years Revenue $562,000
3-10100-906-01-00-2233 Investment Income (27,000)
TOTAL REVENUE $535,000
GENERAL FUND EXPENDITURES
4-10100-901-01-00-8610 Transfer to Revolving Fund $535,000
TOTAL EXPENDITURES $535 000
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
320
FINANCE COMMITTEE
Mr. Olsen requested the resolution be tabled until the next regular Board Meeting
to be held November 5, l992. There were no objections.
MISCELLANEOUS RESOLUTION #92235
BY: PLANNING & BUILDING COMMITTEE-JOHN E. OLSEN, CHAIRPERSON
IN RE: CENTRAL SERVICES\RADIO COMMUNICATIONS - MOTOROLA CONTRACT CHANGES - WATER & SEWAGE
OPERATIONS DIVISION AND SHERIFF DEPARTMENT REQUEST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #90281,
authorized the acquisition of a county-wide 800 MHz radio communication system from Motorola;
and
WHEREAS in the original contract, Water & Sewage Operation was allotted sixty-nine
(69) mobile units and two (2) portable units; M.R. #92109 adjusted the count to seventy-one
(71) mid-tier mobile units and five (5) high-tier portable units; and
WHEREAS Water & Sewage Operations Division requests a change in units as follows:
twenty-five (25) mid-tier mobile units, forty-six (46) low-tier portable units, five (5)
high-tier portable units, and forty-six (46) Converta Com units; and
WHEREAS currently the Division does not use portable radios as there is no coverage
to underground vaults and sewage pumping stations; and
WHEREAS the Division's remote facilities crews (pumping station/sewage treatment
plants) operates primarily as one (1) man crews; and
` WHEREAS the 800 MHz portable provides communication coverage to confined spaces for
one (1) man crews and provides the Division with a safety feature not currently present;
and
WHEREAS the portable unit with the Converta Com feature provides direct communications
with the field staff inside and away from the vehicle, particularly during emergency
conditions; and
WHEREAS the Sheriff's Department has demonstrated the need for additional safety
feature options for mobile and portable units; and
WHEREAS nineteen (19) interconnects for mobiles and portables, at a cost of $8,702,
is requested to provide for communication coverage in emergency situations when conventional
cellular telephone coverage is not reliable; and
WHEREAS seventy-six (76) encrypted modules for mobiles and portables, at a cost of
$37,012, is requested to provide for additional operational security during communication;
and
WHEREAS the Radio Oversight Committee recommends the change orders consistent with
Schedule A for a total increase of $74,487, $28,773 for Water & Sewage, (Schedule B) and
$45,714 for the Sheriff, (Schedule C) for radio units and options changes; and
WHEREAS funds are available in the project contingency which increases the total
authorized project to $6,125,986 which is within the current estimated project budget of
$6,266,602.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the contract change consistent with the recommendation from the Radio Oversight Committee.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the
transfer of funds from the project contingency of $74,487 (as detailed in Schedule A) to
provide for the contract changes as detailed above.
Chairperson, on behalf of the Planning & Building Committee I recommend the adoption
of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
321
FISCAL NOTE (Misc. Res. #92235)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CENTRAL SERVICES\RADIO COMMUNICATIONS - MOTOROLA CONTRACT CHANGES-WATER & SEWAGE
OPERATIONS DIVISION AND SHERIFF DEPARTMENT REQUEST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #92235 and finds:
1) Miscellaneous Resolution #91286 requires the Board of Commissioners to authorize
utilization of the 800 MHz project contingency.
2) Total request is $74,487 of which $28,773 is for Water & Sewage and $45,714 is for
the Sheriff.
3) Funds of $74,487 are available in the project contingency; the project contingency
will be reduced from $115,103 to $40,616.
4) Additional radio units and safety feature options increase the total requested
authorized project to $6,125,986 which is within the current estimated project budget
to $6,266,602 (Schedule A).
5) Funds of $876 and $5,257 for 1992 and 1993 respectively are available in the General
Fund Contingency for additional equipment rental charges for the Sheriff Department.
6) Additional rental costs for Water & Sewage Operations Division is available in Fund
Balance.
7) Any additional contract changes will be presented to the Board of Commissioners for
approval.
7) The 1992-1993 Biennial Budget be amended as follows:
General Fund: (4-10100) 1992 1993
909-01-00-9909 Contingency ( $ 876) ($5,257)
439-01-00-6600 Radio Communications 876 5,257
$-0- $ -0-
Central Services - Radio Communications
Revenue:(66000)
3-138-40-00-2295 Leased Equipment $ 1,428 $ 8,566
Expenses:
4-138-40-00-3304 Depreciation $ 1,002 $ 7,488
1-66000-455-001 Est Profit/(Loss) $ 426 $ 1,078
W&S Operations Equipment Fund (63800)
142-95-00-6600 Radio Communications $ 552 $ 3,309
142-99-00-3128 Replacement Reserve $ ( 552) $(3.309)
$ - O - $ - 0 -
FINANCE COMMITTEE
Moved by Olsen supported by Jensen the resolution be adopted.
AYES: Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Schmid, Serra, Skarritt,
Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause,
Law, McConnell, McCulloch, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #92236
BY: PLANNING & BUILDING COMMITTEE, JOHN E. OLSEN, CHAIRPERSON
IN RE: CENTRAL SERVICES\RADIO COMMUNICATIONS-CONTRACT WITH OAKLAND COUNTY ROAD COMMISSION
FOR SALE OF RADIOS AND EQUIPMENT
322
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, by Miscellaneous Resolution #90281, awarded a
contract for the construction of an 800 MHz county-wide communication system; and
WHEREAS the County has available certain surplus communication system equipment from
the old radio system; and
WHEREAS the Oakland County Road Commission desires to purchase the surplus radio
equipment as their current communication system is becoming increasingly inadequate for the
operational requirements of the Road Commission; and
WHEREAS the Radio Communications Oversight Committee, created by Miscellaneous
Resolution #91247 has negotiated a contract with the Oakland County Road Commission for radio
units and communication equipment for the total amount of $183,335; and
WHEREAS Miscellaneous Resolution #82176 requires that all intergovernmental
agreements be approved by the Chairman of the Board of Commissioners; and
WHEREAS the attached contract has been approved in accordance with the County Executive
review process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the attached contract with the Oakland County Road Commission and authorizes the Chairperson
of the Board to execute said contract.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Agreement Re: Communication System on file in the County Clerk's Office.
FISCAL NOTE (Misc. 92236)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CENTRAL SERVICES\RADIO COMMUNICATIONS-CONTRACT WITH OAKLAND COUNTY ROAD COMMISSION
FOR SALE OF RADIOS AND EQUIPMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #92236 and finds:
1) The Radio Communications Oversight Committee has negotiated a contract with the Oakland
County Road Commission for 276 mobile radios and surplus communication equipment as
detailed in the attached contract.
2) The total contract amount is $183,335 for purchase payable over a five (5) year period.
Interest will not be charged to the Road Commission. The initial payment is $45,675
for new equipment, crystals, and relocation expenses; four annual payments of
$34,415 are due one year after the initial payment.
3) The 1992 gain on sale of equipment is $32,398 and loss on sale of equipment is $40,915
for a net loss of $8,517 to the Radio Communications Fund.
4) The attached contract has been approved in accordance with the County Executive review
process.
5) The sale of radios and equipment was anticipated in the 1992 Radio Communications
Fund budget, therefore, no amendments are necessary.
FINANCE COMMITTEE
Moved by Olsen supported by McCulloch the resolution be adopted.
AYES: Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra,
Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt. (27)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
323
MISCELLANEOUS RESOLUTION #92253
BY: PUBLIC SERVICES COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CULTURAL AFFAIRS - MICHIGAN COUNCIL OF THE ARTS 1992/1993 REGRANTING PROGRAM
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Council of the Arts has awarded $21,900 for the Michigan Council
of the Arts Regranting Program of which $7,700 will be received in 1992 and $14,200 in 1993;
and
WHEREAS the award covers the period of October 1, 1992 through September 30, 1993;
and
WHEREAS $17,800 is for redistribution to artists and the balance, $4,100, is for
administrative costs incurred by the County; and
WHEREAS no additional personnel are required; and
WHEREAS acceptance of this grant does not obligate the County to any future commitment;
and
WHEREAS the grant contract has been approved by the County Executive's Contract Review
process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the 1992/1993 Michigan Council of the Arts Regranting Program in the amount of $21,900.
BE IT FURTHER RESOLVED that the Cultural Affairs 1992/1993 Biennial Budget be amended
to reflect an increase in revenue and expenditures, $7,700 in 1992 and $14,200 in 1993.
BE IT FURTHER RESOLVED the Chairperson of the Board of Commissioners is authorized
to execute the grant agreement and to approve minor changes and contract extensions not to
exceed fifteen (15) percent variance from the original award which is consistent with the
contract as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Moved by Price supported by Ferrens the Finance Committee be discharged of
consideration of resolution #92l54 (PURCHASING - SMALL, MINORITY, AND FEMALE BUSINESS
DEVELOPMENT PROGRAM).
Vote on motion to discharge the Finance Committee:
AYES: Pernick, Price, Serra, Aaron, Ferrens, Krause, McPherson, Oaks. (8)
NAYS: Obrecht, Olsen, Palmer, Pappageorge, Schmid, Skarritt, Wolf, Bishop, Caddell,
Crake, Gosling, Huntoon, Jensen, Johnson, Law, McCulloch, Millard, Moffitt. (18)
A sufficient majority not having voted therefor, the motion to discharge the Finance
Committee failed.
The Chairperson stated the next meeting of the Board will be November 5, l992 at 9:30
A.M.
The Board adjourned at 11:14 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson