HomeMy WebLinkAboutMinutes - 1994.03.23 - 8165
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 24, 1994
Meeting called to order by Chairperson Larry Crake at 10:21 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
ABSENT: Moffitt (with notice). (1)
Quorum present.
Invocation given by Commissioner Kay Schmid.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda be amended, as follows:
ITEMS ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
Drain Commissioner Items b. through i.
PUBLIC SERVICES COMMITTEE
e. Probate Court - Request to Fill Seven Early Retirement Vacancies
(Reason for Suspension for both Planning and Building Committee and Public
Services Committee items: Waiver of Rule XII.E. - Direct Referral to the
Finance Committee)
ITEMS NOT ON PRINTED AGENDA
FINANCE COMMITTEE
c. MR #94005, Board of Commissioners - Performance Audits (Reason for
Suspension: Waiver of Rule XII - Procedure to Bring Matters Before the Board)
GENERAL GOVERNMENT COMMITTEE
f. EMS Services - Amend Public Health Code to Provide for County
Operation of a County-wide EMS Communications System (Reason for Suspension:
Waiver of Rule XII - Procedure to Bring Matters to Board - Five day
notification; General Government Committee meeting held 3/24/94)
Vote on suspension:
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Palmer,
Pernick, Powers, Price, Schmid, Taub, Wolf. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Clerk read letter from County Executive L. Brooks Patterson appointing
the following people to the Oakland County Cultural Council:
TERMS ENDING DECEMBER 31, 1994
Jennifer Davidson Dwight Rinke
Kenneth Gross Lorraine Chambers-McCarty
Commissioners Minutes Continued. March 24, 1994
90
Peggy Hill Judith Wiser
Nora Mendoza Dick Irwin
Ben Tiseo
TWO-YEAR TERM ENDING DECEMBER 31, 1995
Rodney Hammond Barbara Tucker
Julius Kusey Marcia Wiltshire
Alicia Renfrew Annetta Wonnberger
Belen Torres Robert Yares
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read letter from Chairperson Larry P. Crake appointing the
following people to the Ad Hoc Ground Water Density Control Policy Committee:
Commissioners - Donald Jensen, Charles Palmer, Lawrence Obrecht
County Executive Representative - Gerald Poisson
State Health Department Representative - John Fiero
Citizen - Bruce Silver
Institutional and Human Services - Dr. Thomas Gordon
Environmental Engineer - Michael Powell
Township Supervisor - Joan Buser
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read letter from Chairperson Larry P. Crake appointing the
following people to the Trusty Alternative Committee:
Commissioners - Sue Douglas, Ruth Johnson, Ruel McPherson
Sheriff's Department - Anne Russell, Henry Wallace
County Executive Office - Robert Daddow, Michael Zehnder
District Court - Judge Michael Batchik
Circuit Court - Judge David Breck
A sufficient majority having voted therefor, the appointments were
confirmed.
The following people addressed the Board: John Amberger, Pauline
Mengebier, Dave Gonser, Oakland County Prosecutor Richard Thompson, Charlotte
Isanhart, Larry Bunting and John McCulloch.
Moved by McCulloch supported by Huntoon the rules be suspended for the
immediate consideration of the approval of the Community Corrections Plan for
six months, ending September 30, 1994.
AYES: Dingeldey, Douglas, Huntoon, Johnson, Kingzett, McCulloch,
McPherson, Oaks, Palmer, Pernick, Price, Schmid, Taub, Wolf, Aaron, Crake.
(16)
NAYS: Garfield, Gosling, Jensen, Kaczmar, Law, Miltner, Obrecht, Powers.
(8)
A sufficient majority having voted therefor, the motion to suspend the
rules carried.
MISCELLANEOUS RESOLUTION #94058
BY: John McCulloch, Commissioner, District #22
IN RE: COMMUNITY CORRECTIONS PLAN - REVISED
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #92067, adopted May 7, 1992, the
Oakland County Board of Commissioners adopted the Comprehensive Community
Corrections Plan in accordance with PA 511 of 1988, as amended; and
WHEREAS the State Boards review of the County's Community Corrections
Commissioners Minutes Continued. March 24, 1994
91
Plan discovered two deficiencies which they felt needed corrections prior to
funding the Community Corrections Plan; and
WHEREAS the State Board approved the Community Corrections Plan
conditioned on the resolution of the two deficiencies, which dealt with 1)
delineating that the reductions in jail beds be utilized to reduce admissions
to state prison, and 2) the County's intentions with regards to the two
existing residential centers including target populations and program
eligibility criteria; and
WHEREAS in October, 1993, Oakland County attempted to obtain funding for
two Probation Residential Programs, several grant programs, and a Community
Corrections Manager (for six months only); and
WHEREAS the State chose to only provide funding for the following:
1) Two Probation Residential Centers in the amount of $418,600, funded
from the Office of Community Corrections to these two not-for-
profit entities.
2) Community Service Program Grant in the amount of $15,000.
3) Employment and Training grant in the amount of $34,000; and
WHEREAS the proposed Community Corrections Plan would involve 100%
funding from the State for the period April 1, 1994 through September 30, 1994,
in the amount of $1,029,650, for the programs as listed in the attached
Executive Summary.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the Community Corrections Plan for six (6) months ending
September 30, 1994 as reflected in the attached Executive Summary.
BE IT FURTHER RESOLVED that should there be any changes in the Community
Corrections Plan, these revisions will be referred to the Public Services
Committee for review.
Chairperson, I move the adoption of the foregoing resolution.
John McCulloch
Commissioner, District #22
FISCAL NOTE (Misc. #94058)
BY: Finance Committee, John McCulloch, Chairperson
IN RE: COMMUNITY CORRECTIONS PLAN - APPROVAL AND FUNDING BY THE STATE OFFICE
OF COMMUNITY CORRECTIONS (OCC)
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 #94058 and finds:
1) The Oakland County Board of Commissioners approved the Community
Corrections Plan on February 10, 1994, per Miscellaneous Resolution
#94034.
2) The State's Office of Community Corrections has reviewed and
approved the County's Community Corrections Plan on March 3, 1994
with the following conditions:
a) Policies and procedures consistent with Public Act 511,
the guidelines of the Office of Community Corrections,
and the Oakland County Comprehensive Corrections Plan
will be developed and in place prior to the expenditure
of funds for new program operation.
b) Prior to expenditure of the funds for the assessment of
computer needs, the County must submit detailed
information regarding the initiative; the request is
approved for the time period of July 1 through August
1.
3) The State has agreed to fund the County's Community Corrections
Plan in the amount of $864,231 as detailed in the attached
schedule, which includes $25,000 for consultant services to design
policies and procedures prior to implementation of new programs as
indicated in the first condition listed above.
4) It is recommended that the funds be accepted in the amount of
$864,231 for the period April 1, 1994 through September 30, 1994.
Commissioners Minutes Continued. March 24, 1994
92
5) It is further recommended that a new classification titled
Community Corrections Administrator be created, at a grade 16, no
overtime, and that three GOV positions be created: Community
Corrections Administrator, a Clerk III and a Co-op Student, to be
placed under Public Services - Administration Unit (171-01) for the
purposes of coordinating the Community Corrections Plan.
6) The following budget amendment is recommended for the funds related
to Comprehensive Plans and Services only:
NON-DEPARTMENTAL (10100):
3-903-01-00-9XXX Community Corrections $445,631
4-909-01-00-9XXX Community Corrections 445,631
Total $ - 0 -
========
7) The remaining balance of $418,600 are funds which the State
directly issues to the Probation Residential Center.
FINANCE COMMITTEE
Moved by McCulloch supported by Huntoon the resolution be adopted.
Discussion followed.
Moved by Gosling supported by Obrecht the resolution be amended to add
another BE IT FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that nothing in this resolution shall compel
Oakland County to reduce its prison population below 19%.
Discussion followed.
Vote on Gosling's amendment:
A sufficient majority not having voted therefor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Douglas, Huntoon, Johnson, Kingzett, McCulloch, McPherson, Oaks,
Palmer, Pernick, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (16)
NAYS: Garfield, Gosling, Jensen, Kaczmar, Law, Miltner, Obrecht, Powers.
(8)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94059)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION - CREATION OF FOUR (4)
EQUALIZATION APPRAISER II CERTIFIED POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced resolution
on March 16, 1994, reports with the recommendation that the resolution be
adopted with the second RESOLVED paragraph amended to read:
BE IT FURTHER RESOLVED that the continuation of these four positions will
be based on performance and will be reviewed by the Personnel Committee
in March of 1995.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94059
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT/EQUALIZATION DIVISION -
CREATION OF FOUR (4) EQUALIZATION APPRAISER II - CERTIFIED POSITIONS
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. March 24, 1994
93
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division has experienced a substantial increase
in the number of tax tribunal appeals and subsequent payout of funds for the
settlement of such cases (see attached Schedule A); and
WHEREAS the division has realized a greater increase in the number of
appeals relative to all taxing jurisdictions; and
WHEREAS a divisional reorganization, including the addition of four (4)
Equalization Appraiser II-Certified would provide greater accuracy in the
appraisal process for industrial and commercial property using the income
approach to valuation in combination with the current cost approach employed;
and
WHEREAS greater accuracy in commercial and industrial property appraisals
will result in long-term reduction in annual tax tribunal payout estimated at
$625,000; and
WHEREAS the addition of four (4) Equalization Appraiser II-Certified
positions would allow the Equalization Division, to develop and accumulate over
time, a useful information base that would enhance the entire Equalization
process for residential, commercial and industrial property.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the addition of four (4) governmental Equalization
Appraiser II-Certified positions to the Equalization Division, effective April
2, 1994.
BE IT FURTHER RESOLVED that the continuation of these four positions will
be based on performance and will be reviewed if savings do not materialize.
BE IT FURTHER RESOLVED that the 1994/1995 Budget is amended as follows:
1994 1995
4-10100-901-01-00-9110 Tax Tribunal Appeals $(221,387) $(197,464)
4-10100-909-01-00-9900 Contingency 77,091 0
4-10100-194-01-00-1001 Equalization Salaries 95,688 130,944
4-10100-194-01-00-2075 Equalization Fringes 48,608 66,520
$ - 0 - $ - 0 -
========== ==========
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copy of Schedule A on file in the County Clerk's office.
Moved by McCulloch supported by Law the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Law the resolution be adopted.
Moved by McCulloch supported by Law the resolution be amended to comply
with the recommendation in the Personnel Committee Report, i.e. amend the
second RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that the continuation of these four positions will
be based on performance and will be reviewed by the Personnel Committee in
March of 1995.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Pernick, Powers, Price,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Commissioners Minutes Continued. March 24, 1994
94
REPORT (Misc. #94060)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: MANAGEMENT AND BUDGET DEPARTMENT/ACCOUNTING DIVISION - REORGANIZATION
AND PERSONNEL CHANGES TO ACHIEVE TWENTY-FIVE PERCENT (25%) SAVINGS FROM EARLY
RETIREMENT VACANCIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced Finance
Committee resolution on March 16, 1994, reports with the recommendation that
the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94060
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: MANAGEMENT AND BUDGET DEPARTMENT/ACCOUNTING DIVISION - REORGANIZATION
AND PERSONNEL CHANGES TO ACHIEVE TWENTY-FIVE PERCENT (25%) SAVINGS FROM EARLY
RETIREMENT VACANCIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93165 requires that a twenty-five
percent (25%) reduction of the cost of positions vacated through early
retirement be achieved prior to filling of vacancies or approval of any
reorganizations; and
WHEREAS the Department of Management and Budget has evaluated the
systemic operation of the Accounting Division and requests to reorganize and to
fill certain positions vacated through the early retirement program; and
WHEREAS the Department of Management and Budget requests the retitling of
several units in the Accounting Division; and
WHEREAS the Department of Management and Budget also requests deleting
seven (7) positions, upgrading one (1) position and laterally reclassifying two
(2) positions; and
WHEREAS the Accounting Division additionally requests approval to fill
nine (9) vacancies resulting from early retirements; and
WHEREAS the restructuring of the Accounting Division will result in
salary and fringe benefit savings which exceeds the twenty-five (25%)
requirement necessary to fill positions vacated through early retirement; and
WHEREAS the Accounting Division has already taken several steps to
downsize their operations to run more efficiently and effectively; and
WHEREAS the Accounting Division, through the 1994-95 Biennial Budget
process, deleted three (3) positions as part of their Budget Task and
transferred one (1) position to the Drain Commissioner Water and Sewer Fund
with annual savings of $102,707 in salaries and $56,045 in fringe benefits; and
WHEREAS the Accounting Division deleted one (1) position as part of the
Reimbursement Division reorganization per MR#93025, and deleted one (1)
position to allow for the creation of a new classification of South Oakland
County Liaison per MR#93008 with annual savings from these deletions in the
amount of $37,383 in salaries and $17,556 in fringe benefits; and
WHEREAS the Accounting Division transferred the Child Support Accounting
Unit with twenty-three (23) positions to the Reimbursement Division per
MR#94014, downwardly adjusting the Accounting Division Adopted Budget by
$1,661,837 in 1994 and $1,656,411 in 1995; and
WHEREAS the downsizing activities of the Accounting Division, as
described above, have reduced their total annual Budget by $1,875,528.
NOW THEREFORE BE IT RESOLVED that the following position, classification
and unit changes be implemented in the Accounting Division effective April 2,
1994:
1. To retitle the following units in the Accounting Division:
From To
Commissioners Minutes Continued. March 24, 1994
95
General Accounting Government Fund Accounting
Bookkeeping Proprietary Fund Accounting
Drain & DPW Acct. Drain Accounting
Facilities & Oper. Acct. Facilities Management Accounting
Water & Sewer Oper. Acct. Water & Sewerage Accounting
2. To delete the following positions:
Chief-General Accounting (12301-01327)
Accountant IV position (12325-02393)
Accountant III position (12325-02317)
Accountant III position (12375-00303)
Accountant I position (12320-02236)
Accountant I position (12325-01121)
Junior Accountant position (12315-01026)
3. To transfer the following positions:
Position From Unit To Unit
12315-01199 Accountant I Bookkeeping Government
12325-01030 Accountant II General Acct. Proprietary
12325-01246 Accountant II General Acct. Proprietary
12325-02581 Accountant III General Acct. Proprietary
12325-01438 Accountant III General Acct. Proprietary
12360-03259 Accountant III Grants Acct. Proprietary
12370-01630 Accountant III Sheriff Acct. Government
12370-06701 Accountant I Sheriff Acct. Government
12301-03470 Data Proc. Sched. Administration Government
4. To delete the following units:
District Court Unit (12375)
Sheriff Dept. Accounting Unit (12370)
5. To create a new classification:
Chief-Central Accounting, grade 19, No O/T
6. To upwardly reclassify the following:
Chief-Instit. & Child Support Acct., grade 18 (12301-01918) to Chief-
Central Accounting, grade 19.
7. To laterally reclassify the following:
One (1) Junior Accountant (12301-02994), grd. 8 to Secretary II, grd. 8.
One (1) Data Processing Scheduler (12301-03470), grd. 10, to Accountant
II, grd. 10.
8. To fill the following vacancies resulting from early retirements:
(12315-02122) Accountant V, grade 15
(12325-01029) Accountant V, grade 15
(12325-02581) Accountant III, grade 12
(12380-01134) Accountant III, grade 12
(12325-02241) Accountant II, grade 10
(12301-03470) Accountant II, grade 10
(12360-02489) Accountant I, grade 9
(12380-01435) Junior Accountant, grade 8
(12315-03027) Account Clerk II, grade 7
9. To delete the following classifications:
Chief-Institutional & Human Services, grade 18
Chief-General Accounting, grade 18
Data Processing Scheduler, grade 10
BE IT FURTHER RESOLVED that the 1994-95 Budget be amended to include
these changes, as shown below (see attached Schedule B):
1994 1995
4-10100-909-01-00-9901 Salary Adjustment $301,310 $381,749
4-10100-123-01-00-9950 M&B-Budget Task 119,151 - 0 -
4-10100-111-01-00-9950 Executive-Budg Task 12,121 - 0 -
4-10100-123-XX-00-1002 Overtime 22,450 15,100
4-10100-123-01-00-6311 Maintenance Dept. 10,000 - 0 -
4-10100-123-XX-00-1001 Salaries (316,548) (271,356)
4-10100-123-XX-00-2070 Fringe Benefits (148,484) (125,493)
$ - 0 - $ - 0 -
Commissioners Minutes Continued. March 24, 1994
96
========= =========
Chairperson, on behalf of the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Copies of Attachments A and B on file in County Clerk's office.
Moved by McCulloch supported by Oaks the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Oaks the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers,
Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94005)
BY: Finance Committee, John McCulloch, Chairman
IN RE: BOARD OF COMMISSIONERS - PERFORMANCE AUDITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Your committee having reviewed Miscellaneous Resolution #94005, reports
with the recommendation that the resolution be adopted with the following
amendments:
Make the first BE IT FURTHER RESOLVED paragraph the NOW THEREFORE BE IT
RESOLVED paragraph. Delete the first portion of the second BE IT FURTHER
RESOLVED paragraph through the words "....unless otherwise stated" and add the
remaining language of that paragraph to the end of the original NOW THEREFORE
paragraph so that the resolution would now read:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners begin an ongoing evaluation of selected departments,
activities and functions through the engagement of outside
auditors; and
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners direct the Audit Subcommittee to establish criteria
for selecting departments, activities and functions to undergo
performance audits, commencing in 1994, and that all professional
audit firms engaged in performance auditing for Oakland County
shall be hired by, report to, and be directly responsible to, the
Board of Commissioners; and
BE IT FURTHER RESOLVED that the Audit Subcommittee shall report the
recommendation of the professional auditors to the Board of
Commissioners for referral of the recommendations to the
appropriate Board committees for review and possible
implementation.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #94005
BY: Larry Crake, District #4; Sue Douglas, District #8; Ruth A. Johnson,
District #1; and John P. McCulloch, District #22
IN RE: BOARD OF COMMISSIONERS - PERFORMANCE AUDITS
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. March 24, 1994
97
Chairperson, Ladies and Gentlemen:
WHEREAS in 1993, the Oakland County Board of Commissioners took
corrective action to eliminate a budget shortfall for 1994 of approximately $21
million; and
WHEREAS the Oakland County Board of Commissioners has been advised that
the economic climate will continue to negatively impact Oakland County in 1995;
and
WHEREAS the Board of Commissioners is committed to continuing the
fiscally sound practices it initiated in 1993 in order to ensure a sound
financial future for Oakland County by increasing efficiencies in departments
and maintaining budget reserves at a healthy level; and
WHEREAS the Board of Commissioners is interested in conducting various
performance audits to focus more clearly on individual departments, activities
and functions in an effort to identify areas where efficiencies can be
increased and thus effect additional savings while continuing to provide
quality services to Oakland County residents and businesses; and
WHEREAS Oakland County's Request for Proposals for Professional Auditing
Services issued in May, 1992, indicated that several performance audits may be
conducted over the next few years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners direct the Audit Subcommittee to establish criteria for selecting
departments, activities and functions to undergo performance audits, commencing
in 1994.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
begin an ongoing evaluation of the selected departments, activities and
functions through the engagement of outside auditors.
BE IT FURTHER RESOLVED that the Audit Subcommittee shall recommend the
engagement of professional auditors to the Board of Commissioners for approval,
and that unless otherwise stated, all professional audit firms engaged in
performance auditing for Oakland County shall be hired by, report to, and be
directly responsible to, the Board of Commissioners.
Chairperson, I move the adoption of the foregoing resolution.
Larry Crake, Sue Douglas,
Ruth A. Johnson, John P. McCulloch
Moved by McCulloch supported by Palmer the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by McCulloch supported by Palmer the resolution be adopted.
Moved by McCulloch supported by Palmer the resolution be amended to
comply with the recommendation in the Finance Committee Report, i.e., make the
first BE IT FURTHER RESOLVED paragraph the NOW THEREFORE BE IT RESOLVED
paragraph. Delete the first portion of the second BE IT FURTHER RESOLVED
paragraph through the words "....unless otherwise stated" and add the remaining
language of that paragraph to the end of the original NOW THEREFORE paragraph
so that the resolution would now read:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners begin an ongoing evaluation of selected departments,
activities and functions through the engagement of outside
auditors; and
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners direct the Audit Subcommittee to establish criteria
for selecting departments, activities and functions to undergo
performance audits, commencing in 1994, and that all professional
audit firms engaged in performance auditing for Oakland County
shall be hired by, report to, and be directly responsible to, the
Board of Commissioners; and
BE IT FURTHER RESOLVED that the Audit Subcommittee shall report the
recommendation of the professional auditors to the Board of
Commissioners Minutes Continued. March 24, 1994
98
Commissioners for referral of the recommendations to the
appropriate Board committees for review and possible
implementation.
A sufficient majority having voted therefor, the amendment carried.
Moved by Gosling supported by Huntoon the resolution be amended in the
first "BE IT FURTHER RESOLVED" paragraph, after the words "commencing in 1994"
add:
and further directs the Audit Subcommittee to submit such criteria and
department selection to the Finance Committee for its approval.
AYES: Jensen, Law, Gosling. (3)
NAYS: Huntoon, Johnson, Kaczmar, Kingzett, McCulloch, McPherson,
Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield. (21)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Obrecht supported by Douglas the resolution be amended by adding
an additional BE IT FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that the process for performance audit, as
delineated in this resolution, be implemented for one audit; and that after the
completion of the first audit, the Audit Subcommittee will report to the
Finance Committee to determine the merits of continuing performance audits
under these precepts.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner,
Oaks, Obrecht, Palmer, Pernick, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon. (22)
NAYS: Law, Powers. (2)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #94061)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS/REMONUMENTATION GRANT UPWARD
RECLASSIFICATION OF ONE (1) PART-TIME NON-ELIGIBLE STUDENT ENGINEER POSITION TO
A FULL-TIME ELIGIBLE ENGINEERING AIDE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced General
Government resolution on March 16, 1994, reports with the recommendation that
the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94061
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: COUNTY CLERK/REGISTER OF DEEDS/REMONUMENTATION GRANT UPWARD
RECLASSIFICATION OF ONE (1) PART-TIME NON-ELIGIBLE STUDENT ENGINEER POSITION TO
A FULL-TIME ELIGIBLE ENGINEERING AIDE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #93050, one (1) part-time
non-eligible Student Engineer position funded by the Remonumentation grant was
Commissioners Minutes Continued. March 24, 1994
99
created to assist with the monumentation and remonumentation of the Public Land
Survey Corners program; and
WHEREAS the Public Land Survey Corners program requires extensive
research of historical records and field work; and
WHEREAS the Remonumentation grant provides funding for contractual
services to survey, locate and mark property section corners; and
WHEREAS a portion of this work could be done at a lower cost through the
use of a County position; and
WHEREAS the use of a full-time Engineering Aide I position to provide a
portion of these services may also generate revenue for the County; and
WHEREAS the total cost of the position will be covered by the
Remonumentation grant.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the upward reclassification of one (1) part-time non-
eligible Student Engineer position (#21401-07331) to a full-time eligible
Engineering Aide I.
BE IT FURTHER RESOLVED that the Engineering Aide I position will be
discontinued at the termination of the grant.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #94062)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - THE CREATION OF TEMPORARY PART-
TIME NON-ELIGIBLE LIBRARIAN POSITION IN THE LAW LIBRARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced General
Government resolution on March 16, 1994, reports with the recommendation that
the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the adoption
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94062
BY: General Government Committee, Donald W. Jensen, Chairperson
IN RE: BOARD OF COMMISSIONERS/LIBRARY BOARD - CREATION OF TEMPORARY PART-TIME
NON-ELIGIBLE LIBRARIAN POSITION IN THE LAW LIBRARY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Law Library relocation in July 1994 will require the layout
and organization of materials in the new facility; and
WHEREAS the implementation of this move demands the expertise of managing
law materials, time and knowledge of the Law Library operation; and
WHEREAS the creation of a temporary Librarian position will allow the Law
Library to continue servicing the community in an efficient manner during the
transition; and
WHEREAS the cost of this position will be fully covered by the Library
Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the creation of one (1) temporary part-time non-eligible
Librarian position in the Law Library effective April 16, 1994.
BE IT FURTHER RESOLVED that this PTNE position will be deleted after
1,000 hours of work have been completed.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Commissioners Minutes Continued. March 24, 1994
100
Moved by Jensen supported by Dingeldey the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Dingeldey the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron,
Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94042)
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: POLICY PROHIBITING BUSINESS ACTIVITY WITH VIETNAM
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 with
amendments as reflected in Exhibit A (attached); with recommended deletions
being lined out, and recommended additions shown in bold type.
Chairperson on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Copy of Exhibit A on file in the County Clerk's office.
MISCELLANEOUS RESOLUTION #94042
BY: Commissioner John Garfield, District #9
IN RE: BOARD OF COMMISSIONERS - POLICY PROHIBITING BUSINESS ACTIVITY WITH
VIETNAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS totalitarian governments such as Vietnam's represent enslavement,
oppression, tyranny and stand as an affront to American ideals of liberty and
freedom; and
WHEREAS in the 1960's and 1970's, the men and women of the United States
Armed Forces left behind their families and careers to engage in battle for the
protection of the persecuted and victimized people of Vietnam, and to reaffirm
our own deeply rooted love of democracy and our soul-felt desire for a world at
peace; and
WHEREAS the President recently lifted a 19-year-old U.S. trade embargo on
all commercial and financial transactions with Vietnam which was originally
imposed as part of a unilateral severing of all diplomatic relations with the
communist government in 1975; and
WHEREAS support for the severing of diplomatic relations has remained
strong over the years due to the poor state of human rights in Vietnam,
knowledge of the Vietnamese government's vicious treatment of American POW's,
and Vietnam's refusal to assist the United States in accounting for our POW's
and MIA's; and
WHEREAS the President's decision is a big victory for Vietnam in that it
enhances and expedites the process of bringing Vietnam back into the
international financial community; and
WHEREAS we do not honor those Veterans who served their country
faithfully and honorably in Vietnam, nor do we honor the memory of those who
were imprisoned and tortured, and those who were killed, by lifting the trade
embargo and promoting the economy of a totalitarian nation, a nation which has
historically shown total disregard in providing even a minimum of information
regarding United States POW's and MIA's; and
WHEREAS although recent periodic gestures have been made by Vietnam under
Commissioners Minutes Continued. March 24, 1994
101
the guise of cooperation, these gestures have been symbolic and not substantive
as there remains a significant number of POW's and MIA's unaccounted for; and
WHEREAS it is, therefore, inappropriate for Oakland County government to
engage, either directly or indirectly, in business with Vietnam until the
accounting for United States POW's and MIA's has been satisfactorily resolved.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby prohibits Oakland County government from engaging in any
business with Vietnam, either directly or indirectly through such means as
contracting with organizations who engage in business with Vietnam, or
purchasing the products or services of those organizations.
BE IT FURTHER RESOLVED that Oakland County political, industrial,
commercial, cultural and other organizations are hereby encouraged to refrain
from engaging in business with Vietnam until such time as the accounting for
United States POW's and MIA's is satisfactorily resolved.
BE IT FURTHER RESOLVED that a copy of this resolution be submitted to
Oakland County's state legislative delegation and the Governor, and that the
state legislature be admonished to adopt similar legislation in response to the
lifting of the U.S. trade embargo against Vietnam.
I move the adoption of the foregoing resolution.
COMMISSIONER JOHN GARFIELD
Moved by Jensen supported by Obrecht the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Obrecht the resolution be adopted.
Moved by Wolf supported by Obrecht the resolution be amended to coincide
with the recommendation in the General Government Committee Report, as
reflected in Exhibit A, as follows:
In the 6th WHEREAS paragraph, after the words "a nation which has",
delete the word historically; also, at the end of the paragraph after "POW's
and MIA's", add since the outbreak of the Vietnam War;
In the 7th WHEREAS paragraph, after the words "these gestures have been",
add the word predominately;
In the 8th WHEREAS paragraph, after the words "inappropriate for", delete
the words Oakland County and insert the words federal, state or local;
In the NOW THEREFORE BE IT RESOLVED paragraph, after the words "Oakland
County Board of Commissioners hereby", delete the words prohibits Oakland
County government from engaging in any business with Vietnam, either directly
or indirectly through such means as contracting with organizations who engage
in business with Vietnam, or purchasing the products or services of those
organizations., and end the paragraph with disagrees with the decision by the
President to lift the trade embargo against Vietnam, and urges the United
States Congress to reject all proposals for monetary aid to Vietnam until such
time as the accounting for POW's and MIA's is resolved to the satisfaction of
United States Veteran's organizations.
Add as the first BE IT FURTHER RESOLVED paragraph, BE IT FURTHER RESOLVED
that Oakland County government be discouraged from engaging in direct or
indirect business with Vietnam.
In the next BE IT FURTHER RESOLVED paragraph, after the words "and other
organizations", delete are hereby encouraged to refrain from engaging in
business with Vietnam until such time as the accounting for United States POW's
and MIA's is satisfactorily resolved., and add be advised of this resolution.
In the last BE IT FURTHER RESOLVED paragraph, after the words "resolution
be submitted to" add the President of the United States, Michigan's
Congressional delegation; also after the words "the state legislature be",
delete the word admonished and insert the word encouraged.
A sufficient majority having voted therefor, the amendment carried.
Commissioners Minutes Continued. March 24, 1994
102
Moved by Wolf supported by Obrecht the title of the resolution be amended
by replacing the word PROHIBITING with DISCOURAGING.
A sufficient majority having voted therefor, the amendment carried.
Moved by Powers supported by Obrecht the resolution be amended by
deleting the first BE IT FURTHER RESOLVED paragraph, which reads:
BE IT FURTHER RESOLVED that Oakland County government be discouraged from
engaging in direct or indirect business with Vietnam.
A sufficient majority having therefor, the amendment carried.
Moved by Kingzett supported by Pernick the resolution be amended in the
5th WHEREAS paragraph by deleting the words "the President's decision is a big
victory for Vietnam in that it" and inserting the words this change, and, in
the NOW THEREFORE BE IT RESOLVED paragraph, after the words "disagrees with the
decision", delete the words by the President and also, after the words "trade
embargo against Vietnam", delete the comma (,), insert a period (.) and delete
the remainder of the paragraph, ie, and urges the United States Congress to
reject all proposals for monetary aid to Vietnam until such time as the
accounting for POW's and MIA's is resolved to the satisfaction of United States
Veteran's organizations.
The Chairperson stated a "YES" vote would delete the wording and a "NO"
vote would let the wording remain.
AYES: Kaczmar, Kingzett, Oaks, Palmer, Pernick, Aaron, Johnson. (7)
NAYS: Law, McCulloch, McPherson, Miltner, Obrecht, Powers, Schmid, Taub,
Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen. (16)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution, as amended:
AYES: Kingzett, Law, McCulloch, McPherson, Miltner, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson. (19)
NAYS: Oaks, Pernick, Aaron, Kaczmar. (4)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #93303)
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: PURCHASING - INDEPENDENT CONTRACTOR POLICY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 14, 1994, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #93303
BY: Commissioners Ruth Johnson, Shelley Taub, Kay Schmid
IN RE: PURCHASING - INDEPENDENT CONTRACTOR POLICY COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is continuing its efforts to provide the highest
quality services in the most efficient manner; and
WHEREAS because Oakland County is increasing its utilization of
independent contractors in order to maintain and improve its service delivery
Commissioners Minutes Continued. March 24, 1994
103
in the most efficient and effective manner possible, it is imperative that the
policy and procedures for the purchase of such services be reviewed and
strengthened wherever necessary.
NOW THEREFORE BE IT RESOLVED that a study committee be established to
review policies and procedures for the evaluation, screening, and contracting
of independent contractors. The committee shall be comprised of three
Commissioners appointed by the Board Chairperson, and one representative from
each of the following County Executive Departments: Risk Management,
Personnel, Management and Budget.
Chairperson, we move the adoption of the foregoing resolution.
Ruth A. Johnson, Shelley G. Taub,
Kay Schmid
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #94055)
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: SHERIFF'S DEPARTMENT - SUPPORT HB 5087 SUBSTITUTE H-1, INCREASE IN
REIMBURSEMENT OF EXPENSES OF INMATES SENTENCED TO OAKLAND COUNTY JAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 14, 1994, reports with the recommendation that the
resolution be adopted with the following amendment:
Add the following paragraph following the NOW THEREFORE BE IT RESOLVED
paragraph: BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners recommends the aforementioned House Bill be amended to
extend the six month window of opportunity in which to initiate civil
action against former prisoners to the maximum statutory time period
allowable.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #94055
BY: Kevin Miltner, District #5
IN RE: SHERIFF'S DEPARTMENT - SUPPORT HB 5087 SUBSTITUTE H-1, INCREASE IN
REIMBURSEMENT OF EXPENSES FOR INMATES SENTENCED TO THE OAKLAND COUNTY JAIL
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS MCLA 801.83 authorizes counties to seek reimbursement from each
inmate who is or was a prisoner at a county jail for not more than $30 per day
or the actual per diem cost of maintaining that prisoner, whichever is less,
for the entire period of time the person was confined in the county jail,
including any period of pretrial detention; and
WHEREAS several counties in the state of Michigan, including Oakland
County, have calculated their actual per diem costs for maintaining prisoners
at their respective county jails to be in excess of the $30 per day limit
established in MCLA 801.83; and
WHEREAS MCLA 801.87 also authorizes counties to initiate civil action,
within six (6) months of the release of a person who was sentenced to a county
jail, to seek reimbursement from that person for maintenance and support of
that person while a prisoner; and
WHEREAS this six month time frame does not allow sufficient opportunity
for alternative reimbursement remedies to be implemented; and
WHEREAS House Bill 5087 (Substitute H-1) has been introduced in the state
legislature and would amend MCLA 801.83 and 801.87 to increase the $30 per day
cap on reimbursement to $60 per day, and to extend the six month window of
opportunity in which to initiate civil action against former prisoners to 18
months, respectively.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners Minutes Continued. March 24, 1994
104
Commissioners hereby supports HB 5087 (Substitute H-1) and encourages its
adoption.
BE IT FURTHER RESOLVED that certified copies of this resolution be
submitted to Oakland County's state legislative delegation and to the Governor.
Chairperson, I move the adoption of the foregoing resolution.
Kevin Miltner
Commissioner District #5
Moved by Jensen supported by Law the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Law the resolution be adopted.
Moved by Jensen supported by Law the resolution be amended to comply with
the recommendation in the General Government Committee Report, ie, add a BE IT
FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
recommends the aforementioned House Bill be amended to extend the six month
window of opportunity in which to initiate civil action against former
prisoners to the maximum statutory time period allowable.
A sufficient majority having voted therefor, the amendment carried.
Moved by McPherson supported by Pernick the resolution be amended in the
fourth WHEREAS paragraph after the words "to be implemented" by adding and that
community service be allowable as payback; and
The Chairperson stated a "YES" vote adds the wording and a "NO" does not.
AYES: McPherson, Oaks, Obrecht, Pernick, Powers, Aaron, Crake,
Dingeldey, Douglas, Huntoon, Jensen, Kaczmar, Kingzett. (13)
NAYS: Law, Miltner, Palmer, Schmid, Taub, Wolf, Garfield, Gosling,
Johnson. (9)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Schmid,
Taub, Wolf, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law. (19)
NAYS: Pernick, Powers, Crake. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #94063
BY: General Government Committee, Donald W. Jensen
IN RE: EMERGENCY MEDICAL SERVICES - AMEND PUBLIC HEALTH CODE TO PROVIDE FOR
COUNTY OPERATION OF A COUNTYWIDE EMERGENCY MEDICAL SERVICES COMMUNICATIONS
SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by adoption of MR 82146, the Oakland County Board of
Commissioners established the Oakland County Emergency Medical Services
Communications Coordinating Center ("O" Com); and
WHEREAS by legal opinion, drafted August 4, 1993, the Oakland County
Corporation Counsel informed the County that there is "currently no statutory
authority for Oakland County to operate an "O" Com system or an emergency
Commissioners Minutes Continued. March 24, 1994
105
medical services communication coordinating center"; and
WHEREAS by adoption of MR 93259, the Oakland County Board of
Commissioners authorized the appropriate notification to terminate the present
agreements between Oakland County and the twelve participating hospitals for
the provision of "O" Com services; and
WHEREAS the Board of Commissioners is desirous of exploring alternative
plans for the provision of this emergency medical function, and proposes that
the Public Health Code of the State of Michigan be amended to permit certain
counties to own, operate or contract for a Countywide Emergency Medical
Services Communications System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby request that the Public Health Code of the State of
Michigan be amended per the language in Attachment A of this resolution.
BE IT FURTHER RESOLVED that certified copies of this resolution be
forwarded to Oakland County's legislative delegation, and the County's
legislative liaison personnel.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Copy of Attachment A on file in County Clerk's office.
Moved by Jensen supported by Kaczmar the resolution be adopted.
AYES: McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
unanimously adopted.
MISCELLANEOUS RESOLUTION #94051
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1994 WAGE RE-OPENER AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE
OFFICERS - SPECIAL INVESTIGATORS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Police Officers Labor Council, have
been negotiating a 1994 wage rate covering seven (7) Circuit Court Service
Officers of the Oakland County Friend of the Court pursuant to the 1992 - 1994
collective bargaining agreement; and
WHEREAS an agreement has been reached with these employees for the period
December 25, 1993 through December 31, 1994, and said agreement has been
reduced to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee which
recommends approval of the agreement.
NOW THEREFORE BE IT RESOLVED that the agreement between the County of
Oakland, the Oakland County Sixth Judicial Court and the Police Officer's Labor
Council, is hereby approved; and that the Chairperson of this Board, on behalf
of the County of Oakland, is authorized to execute said agreement, copy of
which is attached hereto.
Chairperson, on behalf of the Personnel Committee, I move the adoption of
the foregoing resolution.
PERSONNEL COMMITTEE
Copy of Memorandum of Agreement on file in the County Clerk's office.
Commissioners Minutes Continued. March 24, 1994
106
FISCAL NOTE (Misc. #94051)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1994 WAGE REOPENER AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE
OFFICERS - SPECIAL INVESTIGATORS)
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 #94051 and finds:
1. The agreement stipulates a "Me Too" clause with general non-
represented employees for 1994.
2. The 1993 bi-weekly rates were maintained in 1994 for general non-
represented employees.
3. The 1994-1995 Adopted Budget reflects this level of funding for the
bargaining unit.
FINANCE COMMITTEE
Moved by Gosling supported by Garfield the resolution be adopted.
AYES: McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94064
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: 52/1 DISTRICT COURT LAWSUIT - APPROVAL OF CONSENT JUDGMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, in Miscellaneous Resolution #93066,
authorized a Lease for a new 52/1 District Court facility with R. G. Dryden &
Associates (known at the time of the lawsuit as D & K Properties, Ltd.) for a
courthouse facility to be located in Novi, Michigan; and
WHEREAS said action was challenged in Oakland County Circuit Court, Case
No. 93-455433-CZ, by the City of Walled Lake, the community in which the
present 52/1 District Court facility is located; and
WHEREAS the parties have agreed to amicably settle that lawsuit and a
Consent Judgment has been prepared incorporating that settlement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Consent Judgment.
BE IT FURTHER RESOLVED that counsel for Oakland County and the Oakland
County Board of Commissioners is authorized to present to the court the
attached Consent Judgment agreement.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
and the County Executive are authorized to sign the Consent Judgment on behalf
of the County of Oakland and the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Consent Judgment on file in County Clerk's office.
FISCAL NOTE (Misc. #94064)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: 52/1 DISTRICT COURT LAWSUIT - APPROVAL OF CONSENT JUDGMENT
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 #94064 and finds:
Commissioners Minutes Continued. March 24, 1994
107
1) The City of Walled Lake and the County of Oakland have agreed to
amicably settle the lawsuit (case #93-455-433-CZ) regarding a new
court facility for the 52/1 District Court to be relocated in Novi.
2) It is recommended that the Oakland County Board of Commissioners
approves the attached Consent Judgment and that the Chairperson of
the Board of Commissioners and the County Executive have the
authority to sign the Consent Judgment on behalf of the County of
Oakland and the Board of Commissioners.
3) The 1994/1995 Biennial Budget includes funding in the Non-
Departmental Budget for renovation of the old 52/1 District Court -
Walled Lake facility, new furniture and rental for the new court
facility in Novi.
FINANCE COMMITTEE
Moved by Palmer supported by Schmid the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Miltner, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, McCulloch,
McPherson. (17)
NAYS: Oaks, Pernick, Aaron, Kaczmar, Kingzett. (5)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94065
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - AUTHORIZE NEGOTIATION FOR TRANSFER OF THE WIXOM
WASTEWATER TREATMENT PLANT FROM THE COUNTY TO THE CITY OF WIXOM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Wixom has performed a detailed study of the County
operated water and sewer operations serving that community and has taken
competitive bids for those operations including a bid from Oakland County; and
WHEREAS the evaluation of the proposals to provide water and sewer
operations has resulted in determination of a successful bid - WW Operation
Services; and
WHEREAS the City of Wixom is desirous of contracting directly with the
private firm to operate the wastewater plant and, therefore, request that the
title for related real and personal property be transferred from the County to
the City; and
WHEREAS the Drain Commissioner, as County Agent, the County Executive and
City have agreed in concept to transfer title of the Wixom Wastewater Treatment
Plant, related personal property and its operations to the City of Wixom; and
WHEREAS it is anticipated that the operating agreement for City of Wixom
water systems will be terminated.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Drain Commissioner, as County Agent, and the
County Executive to enter into negotiations with the City of Wixom for the
transfer of all rights, title and interests in the Wixom Wastewater Treatment
Plant and related personal property, in an "as is" condition, from Oakland
County to the City of Wixom.
BE IT FURTHER RESOLVED that, in connection with the actions noted herein,
the County shall take the necessary steps to terminate the operating agreement
for City of Wixom water systems.
BE IT FURTHER RESOLVED that the outcome of the negotiations shall result
in no costs to the County and that no guarantees or warranties shall pass with
the transfer of title and related personal property.
Chairperson, on behalf of the Planning and Building Committee, I move
Commissioners Minutes Continued. March 24, 1994
108
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (Misc. #94065)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - AUTHORIZE NEGOTIATION FOR TRANSFER OF THE WIXOM
WASTEWATER TREATMENT PLANT FROM THE COUNTY TO THE CITY OF WIXOM
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 #94065 and finds:
1. The resolution represents the first step in the process of
transferring the Wixom Wastewater Treatment Plant from the County
to the City, i.e., authorization to enter into negotiations.
2. The results of these negotiations, including all financial
implications and recommended budget amendments, will be brought
back to the Board of Commissioners for their review and approval.
3. Therefore, no budget amendments are recommended at this time.
FINANCE COMMITTEE
Moved by Palmer supported by Dingeldey the resolution be adopted.
AYES: Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Aaron, Crake,
Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner. (20)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94066
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST 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, 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 the Oakland County Water Supply Bonds (City of Orchard Lake
Village System), Series 1993 dated March 1, 1993 have been issued in the
principal amount of $2,250,000 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 Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000) 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
Commissioners Minutes Continued. March 24, 1994
109
Supply Bonds (City of Orchard Lake Village System) Series 1994; shall be dated
March 1, 1994; 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 November 1, 1994,
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:
1995 $120,000 2004 $190,000
1996 125,000 2005 200,000
1997 130,000 2006 210,000
1998 140,000 2007 220,000
1999 145,000 2008 230,000
2000 155,000 2009 245,000
2001 160,000 2010 260,000
2002 170,000 2011 275,000
2003 180,000 2012 290,000
2013 305,000
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, 2003 shall
not be subject to redemption prior to maturity. Bonds maturing on and after
November 1, 2003 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
Chairperson 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 Chairperson 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 the registered owner's 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
Commissioners Minutes Continued. March 24, 1994
110
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 the registered owner's 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 the registered owner,
or upon the order of the registered owner, 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 the 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 for redemption. 8. FORM OF BONDS
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY BOND
(CITY OF ORCHARD LAKE VILLAGE SYSTEM)
SERIES 1994
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1994
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
Commissioners Minutes Continued. March 24, 1994
111
payable on the first days of May and November in each year, commencing on
November 1, 1994. 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 Seven Hundred Fifty Thousand Dollars ($3,750,000) 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 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 Seven Hundred Fifty Thousand Dollars ($3,750,000) 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 the Registered Owner's 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, 2003, are not subject to redemption
prior to maturity. Bonds maturing on and after November 1, 2003, 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, 2002. 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, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after
November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the
owners of bonds called to be redeemed by mail to the Registered Owner 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
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112
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 Chairperson 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 Chairperson
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 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
Commissioners Minutes Continued. March 24, 1994
113
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 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 Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000), 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 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
Commissioners Minutes Continued. March 24, 1994
114
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
FISCAL NOTE (Misc. #94066)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
DEFRAY PART OF THE COST OF ORCHARD LAKE VILLAGE WATER SUPPLY SYSTEM
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 #94066 and finds:
1) The resolution authorizes the issuance of additional water supply
bonds with the County pledging full faith and credit with the City
of Orchard Lake Village as the primary obligor.
2) One previous bond issue was sold for this project in the amount of
$2,250,000. The principal amount of this bond issue is $3,750,000
to be paid back within 19 years at an interest rate to be
determined by bid, but not exceeding 8% per annum. Total bond
issues for this project would be $6,000,000 as authorized by voter
approval.
4) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of February 28, 1994, the outstanding
debt is $319,229,031 or approximately 1.1% of the S.E.V.
5) County funds are not required for this project.
FINANCE COMMITTEE
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: Obrecht, Palmer, Powers, Schmid, Taub. Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Miltner, Oaks. (21)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94067
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE
WATER SUPPLY SYSTEM 1994 SUPPLEMENTAL CONTRACT AND TO AUTHORIZE THE ISSUANCE OF
BONDS TO DEFRAY PART OF THE COST OF THE 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
Commissioners Minutes Continued. March 24, 1994
115
Village (the "City") have entered into the City of Orchard Lake Village Water
Supply System Contract dated as of November 1, 1990 (the "1990 Contract")
pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as
amended ("(Act 342"); and
WHEREAS the 1990 Contract provides for the issuance of bonds by the
County in the amount of $6,000,000 to defray the cost of acquiring and
constructing the City of Orchard Lake Village Water Supply System (the
"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 Water Supply Bonds (City of Orchard Lake
Village System), Series 1993 dated March 1, 1993 have been issued in the
principal amount of $2,250,000 to defray part of the cost of the project; and
WHEREAS this Board of Commissioners has authorized the issuance of
Oakland County Water Supply Bonds (City of Orchard Lake Village System), Series
1994 in the principal amount of $3,750,000; and
WHEREAS a Revised Estimate of Cost of the System in the amount of
$6,500,000 has been prepared and is attached as Exhibit X to the City of
Orchard Lake Village Water Supply System 1994 Supplemental Contract (the
"Supplemental Contract") hereinafter set forth in full; and
WHEREAS in order to provide for the issuance of additional bonds
necessary to defray that part of the cost of the System that exceeds the
principal amount of bonds previously issued or authorized it is necessary for
the County and the City to enter into the Supplemental Contract.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY,
MICHIGAN, as follows:
1. APPROVAL OF REVISED ESTIMATE OF COST. The Revised Estimate of Cost
of the System in the amount of $6,500,000 is approved and adopted.
2. APPROVAL OF SUPPLEMENTAL CONTRACT. The City of Orchard Lake
Village Water Supply System 1994 Supplemental Contract dated as of April 1,
1994 between the County, by and through the County Drain Commissioner, County
Agency, party of the first part, and the City, party of the second part, which
Supplemental Contract has been submitted to this Board of Commissioners, be and
the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute and deliver the same for and on behalf of
the County, in as many counterparts as may be deemed advisable, after the
Supplemental Contract has been executed by the appropriate officials of the
City. The Supplemental Contract reads as follows:
CITY OF ORCHARD LAKE VILLAGE
WATER SUPPLY SYSTEM 1994 SUPPLEMENTAL CONTRACT
THIS CONTRACT, made and entered into as of the first day of April, 1994
by and between the COUNTY OF OAKLAND, a county corporation in the State of
Michigan (hereinafter sometimes referred to as the "County"), by and through
its Drain Commissioner, County Agency, party of the first part, and the CITY OF
ORCHARD LAKE VILLAGE, a city located in the County (hereinafter sometimes
referred to as the "City"), party of the second part.
W I T N E S S E T H:
WHEREAS the County and the City, pursuant to the provisions of Act No.
342, Public Acts of Michigan, 1939, as amended ("Act 342"), have entered into
the City of Orchard Lake Village Water Supply System Contract dated as of
November 1, 1990 (the "1990 Contract") to provide for the acquisition,
construction and financing of the City of Orchard Lake Village Water Supply
System (the "System") at an estimated cost of $6,000,000; and
WHEREAS the 1990 Contract was approved by the electors of the City at an
election held on November 6, 1990; and
WHEREAS a Revised Estimate of Cost of the System in the amount of
$6,500,000 has been prepared and submitted to the County and the City and is
attached hereto as Exhibit X; and
WHEREAS in order to provide for the issuance of bonds in an amount in
excess of $6,000,000 to finance part of the cost of the System it is necessary
Commissioners Minutes Continued. March 24, 1994
116
for the parties to enter into this supplemental contract.
THEREFORE IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH
OTHER, THE PARTIES HERETO AGREE THAT THE 1990 CONTRACT SHALL BE SUPPLEMENTED AS
FOLLOWS:
1. The Revised Estimate of Cost City of Orchard Lake Village Water
Supply System as set forth on Exhibit X attached hereto is approved and
adopted.
2. 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 additional bonds by the County, in one or more series, in whatever
aggregate principal amount (not exceeding $500,000) is necessary to defray that
part of the total cost of the System that exceeds $6,000,000. The bonds shall
be issued in anticipation of, and be payable primarily from, the payments to be
made by the City to the County as provided in the 1990 Contract and this
supplemental contract and shall be secured secondarily, if so voted by the
Board of Commissioners of the County, by the pledge of the full faith and
credit of the County, and the bonds shall be payable in annual maturities the
last of which shall be not more than forty years from the date thereof.
3. The City reaffirms its agreement to pay to the County the total
cost of the System (less such funds as may become available from other
sources), which total cost for this purpose shall include, in addition to the
items of the nature set forth in Exhibit X (represented by the principal amount
of the bonds to be issued by the County plus such funds as may become available
from other sources), all interest payable by the County on said bonds and all
paying agent fees and other expenses and charges (including the County Agency's
administrative expenses) which are payable on account of said bonds (such fees,
expenses and charges being herein called "bond service charges"). Such
payments shall be made to the County in annual installments which shall be due
and payable at least thirty days prior to the day of the month specified in the
County bonds as the annual principal maturity date thereof. Such an annual
installment shall be so paid in each year if any principal or non-capitalized
interest on said bonds falls due during the twelve-month period beginning on
such principal maturity date in said year, and the amount of each installment
so due and payable shall be at least sufficient to pay all such principal and
interest thus falling due and all bond service charges then due and payable.
The County Agency, within thirty days after delivery of each series of County
bonds to the purchaser, shall furnish the City Treasurer with a complete
schedule of the principal and interest maturities thereon, and the County
Agency, at least thirty days before each payment is due to be made by the City,
also shall advise the City Treasurer of the amount payable to the County on
such date. If the City fails to make any payment to the County when due, the
same shall be subject to a penalty of 1% thereof for each 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 City from the obligation to make payment when due. Such payments
shall be made by the City when due whether or not the System has then been
completed or placed in operation. The foregoing obligations shall apply to all
bonds issued to defray the cost of the System including the additional bonds to
be issued pursuant to this supplemental contract.
4. The City, pursuant to the authorization of Section 5a of Act
No. 342, hereby pledges its full faith and credit for the prompt and timely
payment of its obligations expressed in this supplemental 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 City shall have on hand in cash other funds (including but not limited
to funds from special assessments, user charges or connection fees) which have
been set aside and pledged or are otherwise available for the payment of such
contractual obligations falling due prior to the time of the next tax
collection, then the annual tax levy may be reduced by such amount. Taxes
levied by the City for the payment of the principal of and interest on bonds
Commissioners Minutes Continued. March 24, 1994
117
issued pursuant to this supplemental contract shall be subject to
constitutional tax rate limitations. The City Council each year, at least 90
days prior to the final date provided by law for the making of the annual City
tax levy, shall submit to the County Agency a written statement setting forth
the amount of its obligations to the County which become due and payable under
this supplemental contract prior to the time of the next following year's tax
collections, the amount of the funds which the City 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 City taxes
next proposed to be levied for the purpose of raising money to meet such
obligations. The County Agency shall review such statement promptly and, if he
finds that the proposed City tax levy is insufficient, he shall so notify the
City Council, and the City hereby covenants and agrees that it thereupon will
increase its levy to such extent as may be required by the County Agency.
5. Except as it may be specifically modified by this supplemental
contract the 1990 Contract shall remain in full force and effect and shall
apply fully to the obligations of the parties hereto and to all bonds issued to
defray the cost of the System.
6. This supplemental 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 5b of Act 342: Provided, however,
that if, within the 45-day period, a proper petition is filed with the City
Clerk of the City in accordance with Section 5b of Act 342, then this
supplemental contract shall not become effective until approved by the vote of
a majority of the electors of the City qualified to vote and voting thereon at
a general or special election. This contract shall terminate forty (40) years
from the date hereof or 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.
CITY OF ORCHARD LAKE VILLAGE COUNTY OF OAKLAND
By:______________________
Mayor
By:______________________
By:____________________________
Clerk County Drain Commissioner
(County Agency)
3. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating
the principal sum of Five Hundred Thousand Dollars ($500,000) 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 System.
4. BOND DETAILS. The bonds shall be designated Oakland County Water
Supply Bonds (City of Orchard Lake Village System) Series 1994-B; shall be
dated March 1, 1994; 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
November 1, 1994, and
Commissioners Minutes Continued. March 24, 1994
118
semiannually thereafter on the first days of May and November in each year; and
shall mature on November 1 in each year as follows:
1996 $15,000 2005 $25,000
1997 20,000 2006 30,000
1998 20,000 2007 30,000
1999 20,000 2008 30,000
2000 20,000 2009 35,000
2001 20,000 2010 35,000
2002 25,000 2011 40,000
2003 25,000 2012 40,000
2004 25,000 2013 45,000
5. 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.
6. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2003 shall
not be subject to redemption prior to maturity. Bonds maturing on and after
November 1, 2003 shall be subject to redemption prior to maturity upon the
terms and conditions set forth in the form of bond contained in Section 10
hereof.
7. 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.
8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall
be executed in the name of the County by the facsimile signatures of the
Chairperson 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 Chairperson 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.
9. 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 the registered owner's 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 the registered owner's 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
Commissioners Minutes Continued. March 24, 1994
119
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 the registered owner,
or upon the order of the registered owner, in accordance with the provisions of
Section 5 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 the 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 for redemption.
10. 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 1994-B
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1994
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 November 1, 1994.
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
Commissioners Minutes Continued. March 24, 1994
120
Five Hundred Thousand Dollars ($500,000) 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 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 Five Hundred
Thousand Dollars ($500,000) pursuant to a contract between the County and the
City of Orchard Lake Village dated as of November 1, 1990 and a supplemental
contract dated April 1, 1994. 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 subject to constitutional tax rate limitations. 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 the Registered Owner's 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, 2003, are not subject to redemption
prior to maturity. Bonds maturing on and after November 1, 2003, 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, 2002. 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, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after
November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the
owners of bonds called to be redeemed by mail to the Registered Owner 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 Minutes Continued. March 24, 1994
121
Commissioners, has caused this bond to be executed in its name by facsimile
signatures of the Chairperson 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 Chairperson
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
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature
guarantee program.
11. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the City of Orchard Lake Village pursuant to the 1990 Contract and
the Supplemental Contract. The bonds shall be secured primarily by the full
faith and credit pledge made by the City of Orchard Lake Village in the 1990
Contract and the Supplemental 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.
12. 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
Commissioners Minutes Continued. March 24, 1994
122
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.
13. 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 1990
Contract and the Supplemental 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.
14. 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 1990 Contract.
15. 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.
16. 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 Hundred Thousand Dollars ($500,000), 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.
17. 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 provisions of this Section 17 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.
18. 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.
Commissioners Minutes Continued. March 24, 1994
123
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.
19. 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.
20. 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
Copy of Exhibit X on file in the County Clerk's office.
FISCAL NOTE (Misc. #94067)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE
WATER SUPPLY SYSTEM 1994 SUPPLEMENTAL CONTRACT AND TO AUTHORIZE THE ISSUANCE OF
BONDS TO DEFRAY PART OF THE COST OF THE SYSTEM
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 #94067 and finds:
1) The resolution authorizes a supplemental contract to reflect the
revised estimated cost of this project for a total of $6,500,000.
2) The resolution also authorizes the issuance of additional water
supply bonds with the County pledging full faith and credit with
the City of Orchard Lake Village as the primary obligor.
3) Previous bond authorization for this project was $6,000,000. The
principal amount of this bond issue is $500,000 to be paid back
within 19 years at an interest rate to be determined by bid, but
not exceeding 8% per annum. Total bond issues for this project
would be $6,500,000.
4) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of February 28, 1994, the outstanding
debt is $319,229,031 or approximately 1.1% of the S.E.V.
5) County funds are not required for this project.
FINANCE COMMITTEE
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Palmer, Powers, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Oaks, Obrecht. (21)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94068
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO
Commissioners Minutes Continued. March 24, 1994
124
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 the Oakland County Sewage Disposal Bonds (City of Orchard Lake
Village System), Series 1993 dated March 1, 1993 have been issued in the
principal amount of $2,100,000 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 Sixty-Five Thousand Dollars ($5,065,000)
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 1994; shall be
dated March 1, 1994; 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
November 1, 1994, 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:
1995 $160,000 2004 $255,000
1996 170,000 2005 265,000
1997 180,000 2006 280,000
1998 190,000 2007 295,000
1999 195,000 2008 315,000
2000 210,000 2009 330,000
2001 220,000 2010 350,000
2002 230,000 2011 370,000
2003 240,000 2012 395,000
2013 415,000
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, 2003 shall
not be subject to redemption prior to maturity. Bonds maturing on and after
Commissioners Minutes Continued. March 24, 1994
125
November 1, 2003 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
Chairperson 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 Chairperson 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 the registered owner's 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 the registered owner's 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 the registered owner,
or upon the order of the registered owner, 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 the registered
owner.
For every exchange or transfer of bonds, the County or the bond registrar
Commissioners Minutes Continued. March 24, 1994
126
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 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 1994
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1994
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 November 1, 1994.
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 Sixty-Five Thousand Dollars ($5,065,000) 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 Sixty-Five Thousand Dollars ($5,065,000)
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 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
Commissioners Minutes Continued. March 24, 1994
127
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 the Registered Owner's 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, 2003, are not subject to redemption
prior to maturity. Bonds maturing on and after November 1, 2003, 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, 2002. 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, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after
November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the
owners of bonds called to be redeemed by mail to the Registered Owner 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 Chairperson 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 Chairperson
Board of Commissioners
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned
Resolution.
_______________________________
Bond Registrar and Paying Agent
Commissioners Minutes Continued. March 24, 1994
128
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 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
Commissioners Minutes Continued. March 24, 1994
129
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 Sixty-Five Thousand Dollars ($5,065,000), 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 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
Copy of Exhibit X on file in County Clerk's office.
Commissioners Minutes Continued. March 24, 1994
130
FISCAL NOTE (Misc. #94068)
BY: Finance Committee, John P. McCulloch, Chairperson
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:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #94068 and finds:
1) The resolution authorizes the issuance of additional sewage
disposal bonds with the County pledging full faith and credit with
the City of Orchard Lake Village as the primary obligor.
2) Two previous bond issues were sold for this project in the amount
of $4,235,000. The principal amount of this bond issue is
$5,065,000 to be paid back within 19 years at an interest rate to
be determined by bid, but not exceeding 8% per annum. Total bond
issues for this project would be $9,300,000 as authorized by voter
approval.
3) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of February 28, 1994, the outstanding
debt is $319,229,031 or approximately 1.1% of the S.E.V.
4) County funds are not required for this project.
FINANCE COMMITTEE
Moved by Palmer supported by Gosling the resolution be adopted.
AYES: Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94069
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE
SEWAGE DISPOSAL SYSTEM 1994 SUPPLEMENTAL CONTRACT AND TO AUTHORIZE THE ISSUANCE
OF BONDS TO DEFRAY PART OF THE COST OF THE 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 Sewage
Disposal System Contract dated as of November 1, 1989 (the "1989 Contract")
pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as
amended ("Act 342"); and
WHEREAS the 1989 Contract provides for the issuance of bonds by the
County in the amount of $9,300,000 to defray the cost of acquiring and
constructing the City of Orchard Lake Village Sewage Disposal System (the
"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 the Oakland County Sewage Disposal Bonds (City of Orchard Lake
Village System), Series 1993 dated March 1, 1993 have been issued in the
principal amount of $2,100,000 to defray part of the cost of the project; and
WHEREAS this Board of Commissioners has authorized the issuance of
Oakland County Sewage Disposal Bonds (City of Orchard Lake Village System),
Series 1994 in the principal amount of $5,065,000; and
WHEREAS a Revised Estimate of Cost of the System in the amount of
Commissioners Minutes Continued. March 24, 1994
131
$14,800,000 has been prepared and attached as Exhibit X to the City of Orchard
Lake Village Sewage Disposal System 1994 Supplemental Contract (the
"Supplemental Contract") hereinafter set forth in full; and
WHEREAS in order to provide for the issuance of additional bonds
necessary to defray that part of the cost of the System that exceeds the
principal amount of bonds previously issued or authorized it is necessary for
the County and the City to enter into the Supplemental Contract.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY,
MICHIGAN, as follows:
1. APPROVAL OF REVISED ESTIMATE OF COST. The Revised Estimate of Cost
of the System in the amount of $14,800,000 is approved and adopted.
2. APPROVAL OF SUPPLEMENTAL CONTRACT. The City of Orchard Lake
Village Sewage Disposal System 1994 Supplemental Contract dated as of April 1,
1994 between the County, by and through the County Drain Commissioner, County
Agency, party of the first part, and the City, party of the second part, which
Supplemental Contract has been submitted to this Board of Commissioners, be and
the same is approved and adopted, and the County Drain Commissioner is
authorized and directed to execute and deliver the same for and on behalf of
the County, in as many counterparts as may be deemed advisable, after the
Supplemental Contract has been executed by the appropriate officials of the
City. The Supplemental Contract reads as follows:
CITY OF ORCHARD LAKE VILLAGE
SEWAGE DISPOSAL SYSTEM
1994 SUPPLEMENTAL CONTRACT
THIS CONTRACT, made and entered into as of the first day of April, 1994
by and between the COUNTY OF OAKLAND, a county corporation in the State of
Michigan (hereinafter sometimes referred to as the "County"), by and through
its Drain Commissioner, County Agency, party of the first part, and the CITY OF
ORCHARD LAKE VILLAGE, a city located in the County (hereinafter sometimes
referred to as the "City"), party of the second part.
W I T N E S S E T H:
WHEREAS the County and the City, pursuant to the provisions of Act No.
342, Public Acts of Michigan, 1939, as amended ("Act 342"), have entered into
the City of Orchard Lake Village Sewage Disposal System Contract dated as of
November 1, 1989 (the "1989 Contract") to provide for the acquisition,
construction and financing of the City of Orchard Lake Village Sewage Disposal
System (the "System") at an estimated cost of $9,300,000; and
WHEREAS the 1989 Contract was approved by the electors of the City at an
election held on November 7, 1989; and
WHEREAS a Revised Estimate of Cost of the System in the amount of
$14,800,000 has been prepared and submitted to the County and the City and is
attached hereto as Exhibit X; and
WHEREAS in order to provide for the issuance of bonds in an amount in
excess of $9,300,000 to finance part of the cost of the System it is necessary
for the parties to enter into this supplemental contract.
THEREFORE IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH
OTHER, THE PARTIES HERETO AGREE THAT THE 1989 CONTRACT SHALL BE SUPPLEMENTED AS
FOLLOWS:
1. The Revised Estimate of Cost City of Orchard Lake Village Sewage
Disposal System as set forth on Exhibit X attached hereto is approved and
adopted.
2. 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 additional bonds by the County, in one or more series, in whatever
aggregate principal amount (not exceeding $5,500,000) is necessary to defray
that part of the total cost of the System that exceeds $9,300,000. The bonds
shall be issued in anticipation of, and be payable primarily from, the payments
to be made by the City to the County as provided in the 1989 Contract and this
supplemental contract and shall be secured secondarily, if so voted by the
Board of Commissioners of the County, by the pledge of the full faith and
credit of the County, and the bonds shall be payable in annual maturities the
last of which shall be not more than forty years from the date thereof.
Commissioners Minutes Continued. March 24, 1994
132
3. The City reaffirms its agreement to pay to the County the total
cost of the System (less such funds as may become available from other
sources), which total cost for this purpose shall include, in addition to the
items of the nature set forth in Exhibit X (represented by the principal amount
of the bonds to be issued by the County plus such funds as may become available
from other sources), all interest payable by the County on said bonds and all
paying agent fees and other expenses and charges (including the County Agency's
administrative expenses) which are payable on account of said bonds (such fees,
expenses and charges being herein called "bond service charges"). Such
payments shall be made to the County in annual installments which shall be due
and payable at least thirty days prior to the day of the month specified in the
County bonds as the annual principal maturity date thereof. Such an annual
installment shall be so paid in each year if any principal or non-capitalized
interest on said bonds falls due during the twelve-month period beginning on
such principal maturity date in said year, and the amount of each installment
so due and payable shall be at least sufficient to pay all such principal and
interest thus falling due and all bond service charges then due and payable.
The County Agency, within thirty days after delivery of each series of County
bonds to the purchaser, shall furnish the City Treasurer with a complete
schedule of the principal and interest maturities thereon, and the County
Agency, at least thirty days before each payment is due to be made by the City,
also shall advise the City Treasurer of the amount payable to the County on
such date. If the City fails to make any payment to the County when due, the
same shall be subject to a penalty of 1% thereof for each 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 City from the obligation to make payment when due. Such payments
shall be made by the City when due whether or not the System has then been
completed or placed in operation. The foregoing obligations shall apply to all
bonds issued to defray the cost of the System including the additional bonds to
be issued pursuant to this supplemental contract.
4. The City, pursuant to the authorization of Section 5a of Act
No. 342, hereby pledges its full faith and credit for the prompt and timely
payment of its obligations expressed in this supplemental 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 City shall have on hand in cash other funds (including but not limited
to funds from special assessments, user charges or connection fees) which have
been set aside and pledged or are otherwise available for the payment of such
contractual obligations falling due prior to the time of the next tax
collection, then the annual tax levy may be reduced by such amount. Taxes
levied by the City for the payment of the principal of and interest on bonds
issued pursuant to this supplemental contract shall be subject to
constitutional tax rate limitations. The City Council each year, at least 90
days prior to the final date provided by law for the making of the annual City
tax levy, shall submit to the County Agency a written statement setting forth
the amount of its obligations to the County which become due and payable under
this supplemental contract prior to the time of the next following year's tax
collections, the amount of the funds which the City 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 City taxes
next proposed to be levied for the purpose of raising money to meet such
obligations. The County Agency shall review such statement promptly and, if he
finds that the proposed City tax levy is insufficient, he shall so notify the
City Council, and the City hereby covenants and agrees that it thereupon will
increase its levy to such extent as may be required by the County Agency.
5. Except as it may be specifically modified by this supplemental
contract the 1989 Contract shall remain in full force and effect and shall
apply fully to the obligations of the parties hereto and to all bonds issued to
defray the cost of the System.
Commissioners Minutes Continued. March 24, 1994
133
6. This supplemental 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 5b of Act 342: Provided, however,
that if, within the 45-day period, a proper petition is filed with the City
Clerk of the City in accordance with Section 5b of Act 342, then this
supplemental contract shall not become effective until approved by the vote of
a majority of the electors of the City qualified to vote and voting thereon at
a general or special election. This contract shall terminate forty (40) years
from the date hereof or 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.
CITY OF ORCHARD LAKE VILLAGE COUNTY OF OAKLAND
By:______________________
Mayor
By:______________________
By:____________________________
Clerk County Drain Commissioner
(County Agency)
3. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating
the principal sum of Five Million Five Hundred Thousand Dollars ($5,500,000)
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 System.
4. BOND DETAILS. The bonds shall be designated Oakland County Sewage
Disposal Bonds (City of Orchard Lake Village System) Series 1994-B; shall be
dated March 1, 1994; 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
November 1, 1994, 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:
1996 $190,000 2005 $300,000
1997 200,000 2006 315,000
1998 210,000 2007 335,000
1999 220,000 2008 350,000
2000 235,000 2009 375,000
2001 245,000 2010 395,000
2002 255,000 2011 415,000
2003 270,000 2012 440,000
2004 285,000 2013 465,000
5. 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.
Commissioners Minutes Continued. March 24, 1994
134
6. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2003 shall
not be subject to redemption prior to maturity. Bonds maturing on and after
November 1, 2003 shall be subject to redemption prior to maturity upon the
terms and conditions set forth in the form of bond contained in Section 10
hereof.
7. 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.
8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall
be executed in the name of the County by the facsimile signatures of the
Chairperson 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 Chairperson 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.
9. 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 the registered owner's 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 the registered owner's 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 the registered owner,
or upon the order of the registered owner, in accordance with the provisions of
Section 5 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 the registered
Commissioners Minutes Continued. March 24, 1994
135
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 for redemption.
10. 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 1994-B
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
March 1, 1994
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 November 1, 1994.
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 Five Hundred Thousand Dollars ($5,500,000) 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 Sewage 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
Five Hundred Thousand Dollars ($5,500,000) pursuant to a contract between the
County and the City of Orchard Lake Village dated as of November 1, 1989 and a
supplemental contract dated April 1, 1994. 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 subject to constitutional tax rate
limitations. 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
Commissioners Minutes Continued. March 24, 1994
136
transfer satisfactory to the bond registrar and paying agent duly executed by
the Registered Owner or the Registered Owner's 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, 2003, are not subject to redemption
prior to maturity. Bonds maturing on and after November 1, 2003, 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, 2002. 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, 2002, but prior to November 1, 2004;
0.5% of the par value if called for redemption on or after
November 1, 2004, but prior to November 1, 2006;
No premium if called for redemption on or after
November 1, 2006.
Not less than thirty days' notice of redemption shall be given to the
owners of bonds called to be redeemed by mail to the Registered Owner 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 Chairperson 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 Chairperson
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:
Commissioners Minutes Continued. March 24, 1994
137
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 _______________________________
Signature(s) must be guaranteed by an eligible guarantor institution
participating in a Securities Transfer Association recognized signature
guarantee program.
11. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the City of Orchard Lake Village pursuant to the 1989 Contract and
the Supplemental Contract. The bonds shall be secured primarily by the full
faith and credit pledge made by the City of Orchard Lake Village in the 1989
Contract and the Supplemental 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.
12. 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.
13. 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 1989
Contract and the Supplemental 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.
14. 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 Sewage Disposal System in accordance
with the provisions of the 1989 Contract.
15. 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
Commissioners Minutes Continued. March 24, 1994
138
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.
16. 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 Five Hundred Thousand Dollars ($5,500,000), 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.
17. 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 provisions of this Section 17 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.
18. 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.
19. 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.
20. 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
Copy of Exhibit X on file in County Clerk's office.
FISCAL NOTE (Misc. #94069)
BY: Finance Committee, John P. McCulloch, Chairperson
Commissioners Minutes Continued. March 24, 1994
139
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE
SEWAGE DISPOSAL SYSTEM 1994 SUPPLEMENTAL CONTRACT AND TO AUTHORIZE THE ISSUANCE
OF BONDS TO DEFRAY PART OF THE COST OF THE SYSTEM
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 #94069 and finds:
1) The resolution authorizes a supplemental contract to reflect the
revised estimated cost of this project for a total of $14,800,000.
2) The resolution also authorizes the issuance of additional sewage
disposal bonds with the County pledging full faith and credit with
the City of Orchard Lake Village as the primary obligor.
3) Previous bond authorization for this project was $9,300,000. The
principal amount of this bond issue is $5,500,000 to be paid back
within 19 years at an interest rate to be determined by bid, but
not exceeding 8% per annum. Total bond issues for this project
would be $14,800,000.
4) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of February 28, 1994, the outstanding
debt is $319,229,031 or approximately 1.1% of the S.E.V.
5) County funds are not required for this project.
FINANCE COMMITTEE
Moved by Palmer supported by Wolf the resolution be adopted.
AYES: Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield,
Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94070
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: RESOLUTION TO APPROVE REVISED ESTIMATE OF COST OF WEST BLOOMFIELD WATER
SUPPLY SYSTEM SECTION XIII, TO ESTABLISH WEST BLOOMFIELD WATER SUPPLY SYSTEM
SECTION XIV AND APPROVE CONTRACT, AND TO AUTHORIZE THE ISSUANCE OF BONDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") heretofore has established
the West Bloomfield Water Supply System (the "System") pursuant to the
provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and has
acquired and constructed several sections of the System pursuant to contracts
between the County and the Charter Township of West Bloomfield (the
"Township"); and
WHEREAS the County and the Township have entered into the West Bloomfield
Water Supply System XIII Contract dated as of August 1, 1990 (the "Section XIII
Contract") relative to the acquisition and construction of the West Bloomfield
Water Supply System XIII at an estimated cost of $680,000; and
WHEREAS a revised estimate of the cost of the West Bloomfield Water
Supply System Section XIII in the amount of $861,952.00 has been prepared and
presented to this Board of Commissioners and has been approved by the Township
Board of the Township; and
WHEREAS it is now necessary to improve, enlarge and extend the System by
the acquisition and construction of Section XIII and the hereinafter described
West Bloomfield Water Supply System Section XIV; and
WHEREAS by the terms of Act 342, Public Acts of Michigan, 1939, as
amended ("Act 342"), the County and the Township are authorized to enter into a
contract for the acquisition, construction and financing of the West Bloomfield
Water Supply System Section XIV consisting of water supply facilities 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 to provide the
Commissioners Minutes Continued. March 24, 1994
140
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 "Section XIV Contract"), which provides for the
acquisition, construction and financing of the West Bloomfield Water Supply
System Section XIV, and which Contract is hereinafter set forth in full; and
WHEREAS there also have 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 West Bloomfield Water Supply System
Section XIV.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY,
MICHIGAN, as follows:
1. REVISED ESTIMATE OF COST AND EXTENSION OF TIME TO ISSUE BONDS -
SECTION XIII. The revised estimate of the cost of the West Bloomfield Water
Supply System Section XIII in the amount of $861,952.00, as presented to this
Board of Commissioners, is approved and adopted. As required by Section 13 of
the Section XIII Contract, this Board of Commissioners hereby agrees that the
period for issuance of bonds shall be extended to January 1, 1995.
2. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY - SECTION
XIV. This Board of Commissioners by majority vote of its members-elect hereby
authorizes and directs that there be established, and there hereby is
established, under and pursuant to Act 342, a system of water supply facilities
to be known as the "West Bloomfield Water Supply System Section XIV," which
shall consist of water supply facilities to serve the Township as specified and
to be located as shown in Exhibit A to the Section XIV Contract; that the
Oakland County Drain Commissioner is designated and appointed as the "County
Agency" for the West Bloomfield Water Supply System Section XIV; that the
County Agency shall have all the powers and duties with respect to the West
Bloomfield Water Supply System Section XIV as are provided by law and
especially by Act 342; and that all obligations incurred by the County Agency
with respect to the West Bloomfield Water Supply System Section XIV, unless
otherwise authorized by this Board of Commissioners, shall be payable solely
from funds derived from the Township in accordance with the Contract.
3. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST
- SECTION XIV. The preliminary plans and specifications for the West
Bloomfield Water Supply System Section XIV and the estimates of $3,054,562.68
the cost thereof and of 30 years and upwards as the period of usefulness
thereof, as submitted to this Board of Commissioners, be and the same are
approved and adopted.
4. APPROVAL OF CONTRACT - SECTION XIV. The West Bloomfield Water Supply
System Section XIV Contract dated as of March 1, 1994 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, which Contract has been
submitted to this Board of Commissioners, be and the same is approved and
adopted, and the County Drain Commissioner is authorized and directed to
execute and deliver the same for and on behalf of the County, in as many
counterparts as may be deemed advisable, after the Contract has been executed
by the appropriate officials of the Township. The Contract reads as follows:
WEST BLOOMFIELD WATER SUPPLY SYSTEM
SECTION XIV CONTRACT
THIS CONTRACT made and entered into as of the first day of March, 1994
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 WEST BLOOMFIELD, a charter township located in the County
(hereinafter sometimes referred to as the "Township"), party of the second
part.
W I T N E S S E T H:
WHEREAS the County has established the West Bloomfield Water Supply
System (the "System") pursuant to the provisions of Act No. 185, Public Acts of
Michigan, 1957, as amended, and has constructed and acquired several sections
Commissioners Minutes Continued. March 24, 1994
141
of the System pursuant to contracts between the County and the Township; and
WHEREAS it is now necessary to improve, enlarge and extend the System by
the acquisition and construction of the hereinafter described water supply
facilities; and
WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended (hereinafter sometimes referred to as "Act 342"), the County is
authorized, through the Oakland County Drain Commissioner as County Agency, to
improve, enlarge and extend the System by the acquisition and construction of
the water supply facilities hereinafter described as constituting the West
Bloomfield Water Supply System Section XIV, the County and the Township are
authorized to enter into a contract, as hereinafter provided, for the
acquisition and construction of the water supply facilities 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 member elect of its Board
of Commissioners, to pledge its full faith and credit for the payment of the
principal of and interest on the bonds; and
WHEREAS there is an urgent need for such water supply facilities to
provide the means of supplying water to the residents of the Township, and thus
to promote the health and welfare of such residents, which facilities would
likewise benefit the County and its residents, and the parties hereto have
concluded that the facilities 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 preliminary plans for the water supply facilities and also
estimates of the cost and the period of usefulness thereof have been prepared
by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the
consulting engineers), and have been submitted to and approved by the Board of
Commissioners of the County and the Board of the Township and placed on file in
the office of the County Agency, said estimates being set forth in Exhibit B
hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the
water supply facilities 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 hereby approve and agree to the establishment,
acquisition, construction and financing of the West Bloomfield Water Supply
System Section XIV (hereinafter sometimes referred to as the "Project") 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 Project 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 Project and any improvements, enlargements and 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 Project shall consist of the water supply facilities shown on
Exhibit A which is hereunto attached and which is hereby made a part hereof,
and as are more particularly set forth in the 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 Project shall be acquired
and constructed substantially in accordance with the 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 Project, and which do
not require an increase in the total estimated cost of the Project, may be
Commissioners Minutes Continued. March 24, 1994
142
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 and if provisions required by paragraph 8 hereof are made for payment or
financing of any resulting increase in the total estimated cost. The estimate
of cost of the Project and the estimate of the period of usefulness thereof as
set forth in Exhibit B is approved and adopted.
3. The County Agency shall take or cause to be taken all actions
required or necessary, in accordance with Act 342, to procure the issuance and
sale of bonds by the County, in one or more series, in whatever aggregate
principal amount is necessary to be so financed to defray that part of the
total cost of the Project which is in excess of funds available from other
sources. The 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 the pledge of the full faith and
credit of the County. The 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
Project and, subject to the sale and delivery of bonds, enter into construction
contracts with the lowest responsive and responsible bidder or bidders, procure
from the contractors all necessary and proper bonds and insurance, cause the
Project to be constructed within a reasonable time and do all other things
required by this contract and the laws of the State of Michigan and the United
States of America. All certificates for required payments to contractors shall
be approved by the consulting engineers before presentation to the County
Agency and the latter shall be entitled to rely on such approval in making
payment.
The County hereby agrees that it will secure and maintain, or cause to be
secured and maintained, during the period of construction adequate property
damage and public liability insurance covering all facilities to be constructed
pursuant to this contract. All policies and memorandums of insurance shall
provide that the County and the Township shall be insured parties thereunder
and shall contain a provision requiring that the Township be notified at least
ten days prior to cancellation thereof. One copy of each policy and memorandum
of insurance shall be filed with the Township.
5. It is understood and agreed by the parties hereto that the Project
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 for requiring connection to and use of the
Project and 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.
6. The Township shall pay to the County the total cost of the Project
(less such funds as may become available from other sources), which total cost
for this purpose shall include, in addition to the items of the nature set
forth in Exhibit B (represented by the principal amount of the bonds to be
issued by the County plus such funds as may become available from other
sources), all interest payable by the County on the bonds and all paying agent
fees and other expenses and charges (including the County Agency's
administrative expenses) which are payable on account of the bonds (such fees,
expenses and charges being herein called "bond service charges"). 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. An annual
installment shall be paid in each year that any principal and/or non-
capitalized interest on the bonds falls due during the twelve-month period
beginning on the 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
Commissioners Minutes Continued. March 24, 1994
143
County bonds to the purchaser, shall furnish the Township Treasurer 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 to be made
by the Township, shall advise the Township 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
Project has then been completed or placed in operation. In the event that
additional County bonds shall be issued under the authority of this contract to
defray a part of the cost of the Project, the foregoing obligations shall apply
to such part of the cost and to said additional bonds insofar as appropriate
thereto.
7. The Township may pay in advance any amount payable to the County
pursuant to this contract and in that event shall be credited therefor on
future-due amounts as may be agreed by the parties hereto. The Township also
may pay in advance any one or more installments or any part thereof (a) by
surrendering to the County bonds of like principal amount or (b) by paying to
the County in cash the principal amount of any bonds which are subject to
redemption prior to maturity, plus all interest thereon to the first date upon
which the 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 and bonds so surrendered or redeemed
shall be cancelled.
8. In the event that it shall become necessary to increase the
estimated cost of the Project as hereinbefore stated, or if the actual cost of
the Project 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 Board, by resolution adopted within fifteen days after the receipt
of construction bids, may direct that a portion of the Project be deleted
sufficient to reduce the total cost to an amount which shall not exceed the
total estimated cost as herein-before stated by more than 5%, provided that
such deletion shall not materially change the general scope, overall design and
purpose of the Project, 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 shall (upon adoption
of an authorizing resolution therefor by the Board of Commissioners) be issued
to defray such increased or excess cost, to the extent that funds therefor are
not available from other sources: 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 Project 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 Project 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 available 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 Project and the issuance of the additional bonds
is necessary (as determined by the County) to pay such increased, additional or
Commissioners Minutes Continued. March 24, 1994
144
excess costs as are essential to completion of the Project according to the
plans as last approved prior to the time when the previous bonds were issued or
contracted to be sold.
9. If the actual cost of the Project is less than the total estimated
cost, any surplus available to the County from the sale of County bonds, at the
option of the Township Board, shall be used to improve, enlarge or extend the
System, to apply upon future payments due to the County, to redeem bonds or to
purchase bonds on the open market, provided that such surplus shall be used to
improve, enlarge or extend the System only if authorized by the Board of
Commissioners. Any such surplus, if used to improve, enlarge or extend the
System, may be supplemented by cash payments to be made by the Township, or
improvements, enlargements or extensions may be financed entirely from such
cash payments if authorized by the Township Board. If the surplus is used to
redeem or purchase bonds, the bonds shall be cancelled, and the payments
thereafter required to be made by the Township to the County shall be reduced
so as to reflect the resulting saving of interest and the payment required to
be made in the calendar year of the stated maturity of the bonds shall be
reduced by the principal amount thereof.
10. Should the Township fail for any reason to pay the County at the
times specified the amounts herein required to be paid, the Township hereby
authorizes the State Treasurer or other official charged with the disbursement
of unrestricted state funds returnable to the Township pursuant to the Michigan
constitution to withhold sufficient funds to make up any default or deficiency
in the amounts paid. If the full faith and credit of the County is pledged for
the prompt payment of the principal of and interest on the bonds to be issued
by the County and if the County is required to advance any money by reason of
such pledge on account of the delinquency of the Township, the County Treasurer
is authorized to notify the State Treasurer to deduct the amount of money so
advanced by the County from any unrestricted moneys in the State Treasurer's
possession belonging to the Township and to pay such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any
other legal remedies for the reimbursement of moneys advanced on account of the
default of the Township.
11. The Township, pursuant to the authorization of Section 5a of Act
No. 342, 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 (including but not limited to funds from
special assessments, user charges or connection fees) which have been set aside
and pledged or are otherwise available for the payment of such contractual
obligations falling due prior to the time of the next tax collection, then the
annual tax levy may be reduced by such amount: and Provided further, however,
that any taxes levied by the Township shall be subject to applicable
constitutional, statutory and charter tax rate limitations. The Township Board
each year, at least 90 days prior to the final date provided by law for the
making of the annual Township 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 Township taxes next proposed to be levied for the purpose of
raising money to meet such obligations. The County Agency shall review such
statement promptly and, if he finds that the proposed Township 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.
12. No change in the jurisdiction over any territory in the Township
shall in any manner impair the obligations of this contract or affect the
Commissioners Minutes Continued. March 24, 1994
145
obligations of the Township hereunder. In the event that all or any part of
the territory of the Township is incorporated as a new city 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 governing body of
the municipality into which such territory is incorporated or to which such
territory is annexed and the Township Board by mutual agreement and with the
written approval of the County Agency shall 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, the County Agency may proceed without said recommendation. If the
committee shall not make the recommendation within forty-five (45) days after
its appointment or within any extension thereof by the County Agency, the
County Agency may proceed without such recommendation.
13. 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 Project 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 extended by mutual agreement, this contract 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.
14. Upon completion of the Project it shall be used by the Township as
part of the System in accordance with the provisions of the West Bloomfield
Water Supply System Contract dated December 1, 1970 between the Township and
the County.
15. The County shall have no obligation or responsibility for providing
water or water supply facilities except as herein expressly provided with
respect to the acquisition of the Project 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 water mains and trunks or related
facilities, connecting the same to the System and otherwise improving the
System.
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 of
its 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
the 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 contracts or otherwise, nevertheless is reserved insofar as the
Commissioners Minutes Continued. March 24, 1994
146
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 in any way
impair the contract of said bonds, the security therefor, or the prompt payment
of principal and interest thereon. It is hereby declared that the terms of
this contract and of any amendatory or supplemental contract and any contract
entered into pursuant hereto, insofar as they pertain to said bonds or to the
payment or the security thereof, shall be deemed to be for the benefit of the
holders of the 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 5b 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 become effective until approved 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 the 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.
CHARTER TOWNSHIP OF WEST BLOOMFIELD COUNTY OF OAKLAND
By: _________________________
Supervisor
By: By:
Clerk County Drain Commissioner
(County Agency)
Copy of Exhibit A and Exhibit B on file in the County Clerk's office.
5. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating
the principal sum of Three Million Three Hundred Sixty Thousand Dollars
($3,360,000) 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 West Bloomfield Water Supply System
Sections XIII and XIV.
6. BOND DETAILS. The bonds shall be designated Oakland County Water
Supply Bonds (West Bloomfield System Sections XIII and XIV); shall be dated
April 1, 1994; 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 November 1, 1994,
and semiannually thereafter on the first days of May and November in each year;
and shall mature on May 1 in each year as follows:
1995 $ 85,000 2005 $165,000
Commissioners Minutes Continued. March 24, 1994
147
1996 95,000 2006 175,000
1997 100,000 2007 185,000
1998 105,000 2008 195,000
1999 110,000 2009 210,000
2000 120,000 2010 225,000
2001 125,000 2011 240,000
2002 135,000 2012 255,000
2003 145,000 2013 265,000
2004 155,000 2014 270,000
If the original purchaser of the bonds shall designate certain of the
bonds as term bond, the maturities set forth above shall become mandatory
redemption requirements in accordance with Section 8 and the form of bond set
forth in Section 13.
7. 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.
8. MANDATORY PRIOR REDEMPTION. If any of the bonds are designated by
the original purchaser as term bonds such bonds shall be subject to mandatory
prior redemption at par and accrued interest in accordance with the maturity
schedule set forth in Section 6 hereof and upon the terms and conditions set
forth in the form of bond contained in Section 13 hereof. The bonds to be
redeemed shall be selected by lot.
9. OPTIONAL PRIOR REDEMPTION. Bonds maturing prior to May 1, 2004 not
be subject to redemption prior to maturity. Bonds maturing on and after May 1,
2004, be subject to redemption prior to maturity upon the terms and conditions
set forth in the form of bond contained in Section 13 hereof.
10. 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.
11. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall
be executed in the name of the County by the facsimile signatures of the
Chairperson 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 Chairperson 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.
12. 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 the registered owner's 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
Commissioners Minutes Continued. March 24, 1994
148
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 the registered owner's 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 the registered owner,
or upon the order of the registered owner, in accordance with the provisions of
Section 7 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 the 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 for redemption.
13. 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
(WEST BLOOMFIELD SYSTEM SECTIONS XIII AND XIV)
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
April 1, 1994
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
Commissioners Minutes Continued. March 24, 1994
149
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 November 1, 1994.
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 Three Hundred Sixty Thousand Dollars ($3,360,000) 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 West Bloomfield Water Supply System Sections
XIII and XIV. The bonds of this series are issued in anticipation of payments
to be made by the Charter Township of West Bloomfield in the aggregate
principal amount of Three Million Three Hundred Sixty Thousand Dollars
($3,360,000) pursuant to contracts between the County and the Charter Township
of West Bloomfield dated as of August 1, 1990 and March 1, 1994. The full
faith and credit of the Charter Township of West Bloomfield 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 Charter Township of
West Bloomfield for the payment of its obligations to the County are subject to
constitutional tax rate limitations. 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 the Registered Owner's 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.
MANDATORY PRIOR REDEMPTION
Bonds maturing in the year ________ are subject to mandatory prior
redemption at par and accrued interest as follows:
Principal Amount of
Redemption Date Bonds To Be Redeemed
May 1, ______ $___________________
May 1, ______ ___________________
Bonds or portions of bonds to be redeemed shall be selected by lot.
(REPEAT IF MORE THAN ONE TERM BOND MATURITY)
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to May 1, 2004, are not subject to redemption prior
to maturity. Bonds maturing on and after May 1, 2004, are subject to
Commissioners Minutes Continued. March 24, 1994
150
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 May 1, 2003. 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
May 1, 2003, but prior to May 1, 2004;
0.5% of the par value if called for redemption on or after
May 1, 2004, but prior to May 1, 2005;
No premium if called for redemption on or after
May 1, 2005.
NOTICE OF REDEMPTION
Not less than thirty days' notice of redemption shall be given to the
owners of bonds called to be redeemed by mail to the Registered Owner 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 Chairperson 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 Chairperson
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.
Commissioners Minutes Continued. March 24, 1994
151
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.
14. SECURITY. The bonds shall be issued in anticipation of payments to
be made by the Charter Township of West Bloomfield pursuant to the Section XIII
Contract and the Section XIV Contract. The bonds shall be secured primarily by
the full faith and credit pledge made by the Charter Township of West
Bloomfield in the contracts 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 Charter Township of West Bloomfield
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.
15. 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.
16. 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 Charter Township of West Bloomfield pursuant to the
contracts 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.
17. CONSTRUCTION FUND. The remainder of the proceeds of the sale of
the bonds shall be set aside in the construction funds for Section XIII and
Section XIV and used to acquire and construct the West Bloomfield Water Supply
System Sections XIII and XIV in accordance with the provisions of the
contracts.
18. 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.
19. 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 Three Hundred Sixty Thousand Dollars
($3,360,000), 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
Commissioners Minutes Continued. March 24, 1994
152
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.
20. 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 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.
21. 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.
22. 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.
23. 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
FISCAL NOTE (Misc. #94070)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE REVISED ESTIMATE OF COST OF
WEST BLOOMFIELD WATER SUPPLY SYSTEM SECTION XIII, TO ESTABLISH WEST BLOOMFIELD
WATER SUPPLY SYSTEM SECTION XIV AND APPROVE CONTRACT, AND TO AUTHORIZE THE
ISSUANCE OF BONDS
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 #94070 and finds:
Commissioners Minutes Continued. March 24, 1994
153
1) The resolution authorizes the issuance of drain bonds with the
County pledging full faith and credit with the Charter Township of
West Bloomfield as the primary obligor.
2) Revised estimated cost of the West Bloomfield Water Supply System
Section XIII is $861,952.
3) The estimated cost of the West Bloomfield Water Supply System
Section XIV is $3,054,563.
4) The principal amount of the bond issue is $3,360,000 to be paid
back within 20 years at an interest rate to be determined by bid,
but not exceeding 8% per annum.
5) The statutory limit for County debt is $3,008,744,830 (10% of the
1993 State Equalized Value). As of February 28, 1994, the
outstanding debt is $319,229,031 or approximately 1.1% of the
S.E.V.
6) County funds are not required for this project.
FINANCE COMMITTEE
Moved by Palmer supported by Law the resolution be adopted.
AYES: Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94071
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAIN, DRAIN BONDS - FULL FAITH
AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Acacia Park CSO Drain, by resolutions
adopted on March 8, 1994, authorized and provided for the issuance of Drain
Bonds, Series 1994A in the aggregate principal amount of not to exceed
$9,000,000 and Drain Bonds, Series 1994B in the aggregate principal amount of
not to exceed $2,900,000 to defray part of the cost of the Acacia Park CSO
Drain; and
WHEREAS the Drain Bonds, Series 1994A and the Drain Bonds, Series 1994B
will be dated as of such date, will bear interest at such rates not to exceed
8% per annum, will mature in such years and principal amounts, and will be
subject to redemption upon such terms and conditions as shall be determined by
the Oakland County Drain Commissioner as Chairman of the Drainage Board for the
Acacia Park CSO Drain; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain
from this Board a resolution pledging the full faith and credit of the County
for the payment of the principal of and interest on the Drain Bonds, Series
1994A and the Drain Bonds, Series 1994B; and
WHEREAS the Acacia Park CSO Drain is necessary to protect and preserve
the public health, and, therefore, it is in the best interest of the County of
Oakland that the said bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. That pursuant to the authorization provided in Section 474 of the
Drain Code of 1956, as amended, the Board of Commissioners of the County of
Oakland hereby pledges irrevocably the full faith and credit of the County of
Oakland for the prompt payment of the principal of and interest on the Acacia
Park CSO Drainage District Drain Bonds, Series 1994A and Series 1994B and
agrees that, in the event the Village of Beverly Hills, the City of Birmingham
Commissioners Minutes Continued. March 24, 1994
154
or the County of Oakland shall fail or neglect to account to the County
Treasurer of the County of Oakland for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced
immediately from County funds, and the County Treasurer is directed to make
such advancement to the extent necessary.
2. That in the event that, pursuant to the pledge of full faith and
credit, the County of Oakland advances out of County funds all or any part of
an installment and interest, it shall be the duty of the County Treasurer, for
and on behalf of the County of Oakland, to take all actions and proceedings and
pursue all remedies permitted or authorized by law for the reimbursement of
such sums so paid.
3. That the County Treasurer is authorized to file with the Department
of Treasury of the State of Michigan on behalf of the County of Oakland Notices
of Intent to Issue an Obligation with respect to the Drain Bonds, Series 1994A
and the Drain Bonds, Series 1994B.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Special Assessment Roll No. 1 for Acacia Park CSO Drain on file
in County Clerk's office.
FISCAL NOTE (Misc. #94071)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - ACACIA PARK CSO DRAIN, DRAIN BONDS -FULL FAITH AND
CREDIT RESOLUTION
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 #94071 and finds:
1) The resolution authorizes the issuance of drain bonds with the
County pledging full faith and credit with the Acacia Park CSO
Drainage District as the primary obligor.
2) The authorization for the bond issue is for a total amount of
$11,900,000 which is divided into two portions, Series 1994A and
Series 1994B.
3) Series 1994A is for a sum not to exceed $9,000,000 and will be sold
to the Michigan Municipal Bond Authority at an estimated 2%
interest per annum. The redemption terms will be determined by the
State.
4) Series 1994B is for a sum not to exceed $2,900,000 to be repaid
within 20 years at an interest rate to be determined by bid, but
not exceeding 8% per annum.
5) Federal participation is anticipated to offset the total
$11,900,000 cost for this project, however, the level of
participation is unknown and the impact on each portion of the bond
issue is unknown.
6) The statutory limit for County debt is $3,008,744,830 (10% of 1993
State Equalized Value). As of February 28, 1994, the outstanding
debt is $319,229,031 or approximately 1.1% of the S.E.V.
7) Of the total project, the County's apportionment is 3.01% or
$358,190. The dollar amount may be reduced with Federal funding.
Assuming the County participates in the bond issue, the County will
not be assessed until April 1995. Based on the total dollar amount
of the project and assuming no Federal grant will be received, the
County's assessment in 1995 would be $37,768. Since $40,000 was
budgeted in 1995 in anticipation of future projects, no additional
funding is required.
FINANCE COMMITTEE
Moved by Palmer supported by Jensen the resolution be adopted.
Commissioners Minutes Continued. March 24, 1994
155
AYES: Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Kaczmar, Kingzett, Law, Miltner, Oaks, Obrecht, Palmer,
Powers, Schmid. (18)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94072
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING AGREEMENT FOR ADVANCEMENT OF
FUNDS - VILLAGE OF WOLVERINE LAKE WASTEWATER COLLECTION SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (the "County") has been requested by the
Village of Wolverine Lake (the "Municipality") to provide assistance pursuant
to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended
("Act 342"), such assistance to include the advancement of funds by the County
to pay certain preliminary expenses in connection with acquiring, constructing
and financing the facilities (the "Facilities") described in the Agreement for
Advancement of Funds, dated as of March 1, 1994, between the Municipality and
the County (the "Agreement"), and obtaining necessary permits for the
Facilities; and
WHEREAS the Municipality has approved the Agreement in substantially the
form submitted hereto and has directed its authorized officers to execute and
deliver the Agreement for and on behalf of the Municipality.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County
of Oakland, as follows:
1. The Agreement 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 Agreement has been executed by the appropriate officials
of the Municipality. The Agreement reads as follows:
AGREEMENT FOR ADVANCEMENT OF FUNDS
This Agreement for Advancement of Funds (this "Agreement") made and
entered into as of the day of , 1994, by and
between the County of Oakland (the "County"), by and through its Drain
Commissioner, County Agency, and the Village of Wolverine Lake (the
"Municipality").
WHEREAS the Municipality is in need of a Wastewater Collection Facility
(the "Facilities") to serve the residents of the Municipality; and
WHEREAS the Governing Body of the Municipality has adopted a resolution
requesting assistance from the County pursuant to the provisions of Act No.
342, Public Acts of Michigan, 1939, as amended ("Act 342"), such assistance to
include the advancement of funds by the County to pay certain preliminary
expenses in connection with the preparation of a project plan.
THEREFORE in consideration of the premises, the parties hereto agree as
follows:
1. The County agrees to advance funds in an aggregate amount not to
exceed $20,000.00, unless further authorized by the Board of
Commissioners, to pay for preliminary expenses incurred by the
County Agency in connection with the preparation of a project plan
for the Facilities pursuant to the provisions of Act 342, including
but not limited to expenses for legal, engineering and consulting
services.
2. The Municipality agrees to reimburse the County all such advances
made pursuant to paragraph 1 on or before ,
1996, which is two years from the date of the Agreement, in
accordance with Board of Commissioners Resolution No. 92228 (dated
October 8, 1992), thereby avoiding interest charges.
3. In the event the County and the Municipality enter into a contract
for the acquisition, construction and financing of the Facilities
Commissioners Minutes Continued. March 24, 1994
156
pursuant to Section 5a of Act 342, the date set forth in paragraph
2, for the repayment of the advance, shall still be applicable,
regardless whether a Bond Sale to finance the overall project has,
or has not, occurred.
4. Subject to the provisions of paragraph 2, the County agrees that
original documents, drawings, design or survey notes or
satisfactory copies thereof, shall at the request of the
Municipality, be delivered to and become property of the
Municipality.
5. The County agrees to provide the Municipality with quarterly
progress and expenditure reports.
6. The County agrees to allow the Municipality to terminate this
Agreement upon receipt of a thirty (30) day notice. The notice
shall consist of a Resolution of the Municipality delivered to the
County by Registered Mail.
7. The County agrees to obtain the Municipality's written approval
prior to issuance of the Request for Proposals for the preparation
of the Project Plan.
8. The Administrator of the Municipality is authorized to provide
approvals for the Municipality pursuant to the provisions of this
Agreement.
9. This Agreement shall become effective upon its execution by each
party.
10. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
IN WITNESS WHEREOF the parties hereto have caused this Agreement 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.
VILLAGE OF WOLVERINE LAKE
By:
Its:
And:
Its:
COUNTY OF OAKLAND
By:
George W. Kuhn,
County Drain Commissioner, acting
as County Agency for the County
of Oakland
2. 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
FISCAL NOTE (Misc. #94072)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: DRAIN COMMISSIONER - RESOLUTION APPROVING AGREEMENT FOR ADVANCEMENT OF
FUNDS - VILLAGE OF WOLVERINE LAKE WASTEWATER COLLECTION SYSTEM
To the Oakland County Board of Commissioners
Commissioners Minutes Continued. March 24, 1994
157
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #94072 and finds:
1) The resolution authorizes an advance from the Drain Revolving Fund
in an amount not to exceed $20,000 on behalf of the Village of
Wolverine Lake.
2) The agreement attached to the resolution specifies full repayment
within two years, with no interest charged in accordance with the
policy adopted by Miscellaneous Resolution #92228 on October 8,
1992.
3) Amendments to the 1994/1995 Biennial Budget are not required.
FINANCE COMMITTEE
Moved by Palmer supported by Powers the resolution be adopted.
AYES: Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling,
Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, Miltner, Obrecht, Palmer,
Powers, Schmid, Taub. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94073
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - VILLAGE OF FRANKLIN SANITARY SEWAGE COLLECTION AND
DISPOSAL SYSTEM CONTRACT - RESOLUTION TO ESTABLISH SYSTEM AND APPROVE CONTRACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Supervisors by resolution,
Miscellaneous #3269, adopted August 12, 1957, as amended by resolution,
Miscellaneous #3435, adopted October 13, 1958, approved the establishment of
the Evergreen Sewage Disposal System (herein called the "Evergreen System") to
serve the Evergreen Sewage Disposal District (herein called the "Evergreen
District"), within which Evergreen District are included areas in each of the
municipal corporations hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated
November 10, 1958, as amended by amendatory agreements dated December 22, 1958
and February 9, 1959, all between the County and the Cities of Southfield,
Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood
(now Village of Beverly Hills), and the Townships of Bloomfield and Pontiac
(now City of Auburn Hills), municipal corporations in the County, the County
acting through its Department of Public Works, acquired the original Evergreen
System and financed such acquisition by the issuance of bonds in anticipation
of payments to be made by said municipal corporations to the County in
accordance with the provisions of said agreement as amended (herein referred to
as the "Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors, by resolution,
Miscellaneous #4115, adopted March 6, 1963, enlarged the Evergreen District to
include all of the Village of Franklin and all of the Village of Bingham Farms
within the areas to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors, by resolution,
Miscellaneous #3270, adopted August 12, 1957, as amended by resolution,
Miscellaneous #3339, adopted January 24, 1958, approved the establishment of
the Farmington Sewage Disposal System (herein called the "Farmington System")
to serve the Farmington Sewage Disposal District (herein called the "Farmington
District") within which Farmington District are included areas in each of the
municipal corporations hereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement dated
November 1, 1957, as amended by amendatory agreements dated December 22, 1958
and February 9, 1959, all between the County and the Cities of Southfield and
Keego Harbor and the Townships of West Bloomfield and Farmington (now City of
Farmington Hills), municipal corporations in said County of Oakland, the County
Commissioners Minutes Continued. March 24, 1994
158
acting through its Department of Public Works acquired the original Farmington
System and financed such acquisition by the issuance of bonds in anticipation
of payments to be made by said municipal corporations to the County in
accordance with the provisions of said agreement as amended (herein referred to
as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the
City of Farmington has become a user of the Farmington System and has area
included in the Farmington District; and
WHEREAS the State of Michigan Department of Natural Resources designated
the areas and districts served by the Evergreen System and the Farmington
System as a single plan of study area for the purposes of Step I Facilities
Planning and determined that there is a need to obtain studies, reports, plans
and estimates for the abatement of pollution, control of pollutants and
polluting discharges, and the relief of both the Evergreen System and the
Farmington System; and
WHEREAS the County established under and pursuant to Act #342, Public
Acts of Michigan, 1939, as amended, ("Act 342"), a system of sewage disposal
improvements and services to serve the areas and the districts heretofore
designated and described in Oakland County, Michigan, in Resolution #3269, 3435
and 4115 as the Evergreen District and in Resolutions #3270 and 3339 as the
Farmington District, which system as so established was designated as the
"Evergreen and Farmington Sewage Disposal System" (herein called the "System")
and the Oakland County Drain Commissioner was designated and appointed as the
"County Agency" for the System with all the powers and duties with respect to
the System as are provided by law and especially by Act 342; and
WHEREAS by contractual relationships with members of the Farmington
System, the Village of Franklin (the "Village") has become a user of the
Evergreen and Farmington Sewage Disposal System; and
WHEREAS by the terms of Act 342, the County and the Village are
authorized to enter into a contract for the acquisition, construction and
financing of sewage collection and disposal facilities to serve the Village and
for the payment of the cost thereof by the Village, with interest, and the
County is then authorized to issue its bonds to provide the funds necessary
therefor; and
WHEREAS there has been submitted to this Board of Commissioners a
proposed contract between the County, by and through the County Drain
Commissioner, County Agency, and the Village (the "Contract"), which Contract
provides for the acquisition, construction and financing of the Village of
Franklin Sanitary Sewage Collection and Disposal System as part of the System,
and which Contract is hereinafter set forth in full; and
WHEREAS there also have 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 Village of Franklin Sanitary Sewage
Collection and Disposal System.
THEREFOR 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 Commissioners by majority vote of its members-elect hereby
authorizes and directs that there be established and there hereby is
established, under and pursuant to Act 342, a system of sewage collection
and disposal facilities as part of the Evergreen and Farmington Sewage
Disposal System to be known as the "Village of Franklin Sanitary Sewage
Collection and Disposal System," which shall consist of sewage collection
and disposal facilities to serve the Village as specified and to be
located as shown in Exhibit A to the Contract; that the Oakland County
Drain Commissioner is designated and appointed as the "County Agency" for
the Village of Franklin Sanitary Sewage Collection and Disposal System,
that the County Agency shall have all the powers and duties with respect
to the Village of Franklin Sanitary Sewage Collection and Disposal System
as are provided by law and especially by Act 342; and that all
obligations incurred by the County Agency with respect to the Village of
Franklin Sanitary Sewage Collection and Disposal System, unless otherwise
Commissioners Minutes Continued. March 24, 1994
159
authorized by this Board of Commissioners, shall be payable solely from
funds derived from the Village in accordance with the Contract.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND
COST. The preliminary plans and specifications for the Village of
Franklin Sanitary Sewage Collection and Disposal System and the estimates
of $6,000,000 as the cost thereof and of 40 years and upwards as the
period of usefulness thereof, as submitted to this Board of
Commissioners, be and the same are approved and adopted.
3. APPROVAL OF CONTRACT. The Village of Franklin Sanitary Sewage
Collection and Disposal System Contract dated as of December 1, 1993
between the County, by and through the County Drain Commissioner, County
Agency and the Village which Contract has been submitted to this Board of
Commissioners, be and the same is approved and adopted, and the County
Drain Commissioner is authorized and directed to execute and deliver the
same for and on behalf of the County, in as many counterparts as may be
deemed advisable, after the Contract has been executed by the appropriate
officials of the Village. The Contract reads as follows:
VILLAGE OF FRANKLIN SANITARY SEWAGE
COLLECTION AND DISPOSAL SYSTEM CONTRACT
THIS CONTRACT made and entered into as of the 1st day of December, 1993,
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 party, and the
VILLAGE OF FRANKLIN, a village located in the County (hereinafter sometimes
referred to as the "Village"), party of the second part.
W I T N E S S E T H:
WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No.
3269, adopted August 12, 1957, as amended by resolution, Misc. No. 3435,
adopted October 13, 1958, approved the establishment of the Evergreen Sewage
Disposal System (herein called the "Evergreen System") to serve the Evergreen
Sewage Disposal District (herein called the "Evergreen District"), within which
Evergreen District are included areas in each of the municipal corporations
hereinafter named; and
WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated
November 10, 1958, as amended by amendatory agreements dated December 22, 1958
and February 9, 1959, all between the County and the Cities of Southfield,
Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood
(now Village of Beverly Hills), and the Townships of Bloomfield and Pontiac
(now City of Auburn Hills), municipal corporations in the County, the County
acting through its Department of Public Works, acquired the original Evergreen
System and financed such acquisition by the issuance of bonds in anticipation
of payments to be made by said municipal corporations to the County in
accordance
with the provisions of said agreement as amended (herein referred to as the
"Evergreen Agreement"); and
WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No.
4115, adopted March 6, 1963, enlarged the Evergreen District to include all of
the Village of Franklin and all of the Village of Bingham Farms within the area
to be served by the Evergreen System; and
WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No.
3270, adopted August 12, 1957, as amended by resolution, Misc. No. 3339,
adopted January 24, 1958, approved the establishment of the Farmington Sewage
Disposal System (herein called the "Farmington System") to serve the Farmington
Sewage Disposal District (herein called the "Farmington District") within which
Farmington District are included areas in each of the municipal corporations
hereinafter named; and
WHEREAS pursuant to the Farmington Sewage Disposal System Agreement dated
November 1, 1957, as amended by amendatory agreements dated December 22, 1958
and February 9, 1959, all between the County and the Cities of Southfield and
Keego Harbor and the Townships of West Bloomfield and Farmington (now City of
Commissioners Minutes Continued. March 24, 1994
160
Farmington Hills), municipal corporations in said County of Oakland, the County
acting through its Department of Public Works acquired the original Farmington
System and financed such acquisition by the issuance of bonds in anticipation
of payments to be made by said municipal corporations to the County in
accordance with the provisions of said agreement as amended (herein referred to
as the "Farmington Agreement"); and
WHEREAS by annexation of part of the former Township of Farmington the
City of Farmington has become a user of the Farmington System and has area
included in the Farmington District; and
WHEREAS the State of Michigan Department of Natural Resources designated
the areas and districts served by the Evergreen System and the Farmington
System as a single plan of study area for the purposes of Step I Facilities
Planning and determined that there is a need to obtain studies, reports, plans
and estimates for the abatement of pollution, control of pollutants and
polluting discharges, and the relief of both the Evergreen System and the
Farmington System; and
WHEREAS the County established under and pursuant to Act No. 342, Public
Acts of Michigan, 1939, as amended, a system of sewage disposal improvements
and services to serve the areas and the districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No. 3269, 3435 and 4115
as the Evergreen District and in Resolutions No. 3270 and 3339 as the
Farmington District, which system as so established was designated as the
"Evergreen and Farmington Sewage Disposal System" (herein called the "System")
and the Oakland County Drain Commissioner was designated and appointed as the
"County Agency" for the System with all the powers and duties with respect to
the System as are provided by law and especially by said Act 342; and
WHEREAS by contractual relationships with members of the Farmington
System, the Village has become a user of the Evergreen and Farmington Sewage
Disposal System; and
WHEREAS under and subject to the terms of Act 342, the County is
authorized, through the County Agency, to acquire and construct sanitary sewage
collection and disposal facilities to be located in the Village, the County and
the Village are authorized to enter into a contract, as hereinafter provided,
for the acquisition and construction of the aforesaid facilities and for
financing all or part of the cost thereof by the issuance of bonds by the
County secured by the pledge of the unlimited tax full faith and credit of the
Village 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 a majority vote of the members-elect of
its Board of Commissioners, to pledge its limited tax full faith and credit for
the payment of such bonds and the interest thereon; and
WHEREAS the Village is in urgent need of such facilities and capacity to
provide the means of collecting and disposing of sanitary sewage originating in
the Village, in order to abate pollution of the waters of the Village and thus
to promote the health and welfare of the residents thereof, which facilities
and capacity likewise would benefit the County and its residents, and the
parties hereto have concluded that such facilities and capacity can be provided
and financed most economically and efficiently by the County through the
exercise of the powers conferred by Act 342, and especially Section 5a, 5b and
5c thereof; and
WHEREAS the County and the Village desire to proceed with the acquisition
and construction of the facilities which are described and shown on Exhibit A
hereto attached and are hereinafter referred to as the "Project"; and
WHEREAS the County Agency has obtained preliminary plans for the Project
and estimates of not less than $6,000,000 as the total cost of the Project and
forty (40) years and upwards as the period of usefulness of the Project, all of
which have been prepared by Giffels, Webster and Company (hereinafter sometimes
referred to as the consulting engineers) and have been or will be approved by
the Board of Commissioners of the County and the Village Council of the Village
and will be placed on file in the office of the County Agency, said estimates
being set forth in Exhibit B hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the
Commissioners Minutes Continued. March 24, 1994
161
Project 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 do hereby approve and agree to the
establishment, acquisition, construction and financing of the Project, as
herein provided, under and pursuant to Act 342. The Village, by way of
compliance with Section 29, Article VII, Michigan Constitution of 1963,
consents and agrees to the location of portions of the Project within the
corporate boundaries of the Village 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 Project and any improvements, enlargements or
extensions thereof, and the Village further agrees that, in order to evidence
and effectuate the foregoing agreement and consent, it will execute and deliver
to the County such grants of easement, right-of-way, license, permit or consent
as may be requested by the County.
2. The Project shall consist of (1) the sanitary sewage collection and
disposal facilities located in the Village described on Exhibit A which is
hereunto attached and which is hereby made a part hereof, and as are more
particularly set forth in the preliminary plans which have bee prepared and
submitted by the consulting engineers, which plans are on file with the County
Agency and are approved and adopted (the "Village System") and (2) the capacity
in the System described on Exhibit A (the "Evergreen-Farmington Capacity").
The Village System shall be acquired and constructed substantially in
accordance with the 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 Village System, and which do not require an increase
in the total estimated cost of the Project, 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 Village Council of the Village and
if provisions required by Paragraph 8 hereof are made for payment or financing
of any resulting increase in the total estimated cost. The estimate of cost of
the Project and the estimate of period of usefulness thereof as set forth in
Exhibit B are approved and adopted.
3. The County Agency shall take or cause to be taken all actions
required or necessary, in accordance with Act 342, to procure the issuance and
sale of bonds by the County, in one or more series, in whatever aggregate
principal amount is necessary to be so financed to defray that part of the
total cost of the County of the Project which is in excess of funds available
from other sources. Such bonds shall be issued in anticipation of, and be
payable primarily from, the payments to be made by the Village 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 the pledge of the full faith and
credit of the County, and the said bonds shall be payable in annual maturities
the last of which shall be not more than forty (40) years from the date
thereof.
4. The County Agency shall proceed to take construction bids from the
Project and, subject to the sale and delivery of said bonds, enter into
construction contracts with the lowest responsible bidder or bidders, procure
from the contractors all necessary and proper bonds, cause the Project 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 contracts 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 payment.
The County agrees that it will secure and maintain, or cause to be
secured and maintained, during the period of construction adequate property
damage and public liability insurance covering all facilities to be constructed
pursuant to this contract. All policies and memoranda of insurance shall
provide that the County and the Village shall be insured parties thereunder and
Commissioners Minutes Continued. March 24, 1994
162
shall contain a provision requiring that the Village be notified at least ten
days prior to cancellation thereof. One copy of each policy and memorandum of
insurance shall be filled with the Village.
5. It is understood and agreed by the parties hereto that the Project
is to serve the Village and not the individual property owners and users
thereof, unless by special arrangement between the County Agency and the
Village. Connections to and use of the facilities of the Project and the
financing thereof shall be the responsibility of the Village. The Village
shall cause to be constructed and maintained, directly or through the County,
any such necessary additional facilities. The County shall not be obligated
hereunder to acquire or construct any facilities other than those designated in
paragraph 2 hereof.
6. The Village shall pay to the County the total cost of the Project,
less such funds as may become available from other sources. The total cost 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 (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 or semiannual 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 or
semiannual interest date as set forth on Exhibit C attached hereto. Such
installments shall be so paid in each year that any principal or non-
capitalized interest on said bonds falls due during the twelve-month period
beginning on such principal maturity date in said year, and the amount of each
installment so due and payable shall be at least sufficient to pay all such
principal and interest thus falling due and all bond service charges then due
and payable. The County Agency, within thirty days after delivery of the
County bonds to the purchaser, shall furnish the Village Treasurer with a
complete schedule of the principal and interest maturities thereon, and the
County Agency, at least thirty days before each payment is due to be made by
the Village, also shall advise the Village Treasurer of the amount payable to
the County on such date. If the Village 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 Village from the obligation to make payment when
due. Such payments shall be made by the Village when due whether or not the
Project then has been completed or placed in operation. In the event that
additional County bonds shall be issued under the authority of this contract to
defray a part of the cost of the Project, the foregoing obligations shall apply
to such part of the cost and to said additional bonds insofar as appropriate
thereto.
7. The Village may pay in advance any amounts payable to the County
pursuant to this contract and in that event shall be credited therefor on
future-due amounts as may be agreed by the parties hereto. The Village also
may pay in advance any one or more installments or any part thereof (a) by
surrendering to the County any of said County bonds of like principal amount or
(b) by paying to the County in cash the principal amount of any County bonds
which are subject to redemption prior to maturity, plus all interest thereon to
the first date upon which such 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;
provided, however, that such advance cash payment and credit therefor shall be
limited in amount at any given time to the amount of bonds available for
redemption by call within the twelve-month period succeeding the date of the
advance cash payments. 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
and bonds so surrendered or redeemed shall be canceled.
Commissioners Minutes Continued. March 24, 1994
163
8. In the event that it shall become necessary to increase the
estimated cost of the Project as hereinbefore stated, or if the actual cost of
the Project shall exceed the estimated cost, whether as the result of
variations or changes permitted or needed to be made in the approved plans or
otherwise, then (without execution of any further contract or amendment of this
contract) the Village Council, by resolution adopted within fifteen days after
the receipt of construction bids, may direct that a portion of the Village
System not yet acquired or constructed and not under contract to be acquired or
constructed be deleted sufficient to reduce the total costs to an amount which
shall not exceed the total estimated cost of the Project by more than 5%;
provided that such deletion shall not change the general scope, overall design,
and purpose of the Village System. In the adoption of such a resolution the
Village shall pay or procure the payment of the increase or excess up to said
5% in cash or shall agree that County bonds in an increased or additional
amount shall (upon adoption of an authorizing resolution therefor by the Board
of Commissioners) be issued to defray such increased or excess cost, to the
extent that funds therefor are not available from other sources. Where the
effect of any increase in the estimated cost of the Project or of any excess of
actual cost over estimated cost would be to cause the total cost of the Project
to exceed by more than 5% its total estimated cost as hereinbefore stated, the
County shall not enter into any new or further obligation for or pay any new or
further item of cost thereof until the Village Council shall have adopted a
resolution approving such increase or excess and agreeing that the same (or
such part thereof as is not available from other sources) shall be paid or its
payment procured by the Village in cash or be defrayed by the issuance of
increased or additional County bonds in anticipation of increased or additional
payments agreed to be made by the Village to the County in the manner
hereinbefore provided; provided, further, that the adoption of such resolution
by the Village Council shall not be required prior to or as a condition
precedent to the issuance of additional bonds by the County, if the County has
previously issued or contracted to sell bonds to pay all or part of the cost of
the Project and the issuance of the additional bonds is necessary (as
determined by the County) to pay such increased, additional or excess costs as
are essential to completion of the Project according to the plans as last
approved prior to the time when the previous bonds were issued or contracted to
be sold.
9. If the actual cost of the Project is less than the total estimated
cost, any surplus available to the County from the sale of County bonds, at
the option of the Village Council, shall be used to improve, enlarge or extend
the Project, to apply upon future payments due to the County, to redeem bonds
maturing or callable for payment within one year, or to purchase bonds of any
maturity on the open market, provided that such surplus shall be used to
improve, enlarge or extend the Project only if authorized by the Board of
Commissioners. Any such surplus to be used for the purpose of improving,
enlarging or extending the Project may be supplemented by cash payments to be
made by the Village or by the proceeds of additional County bonds, or such
improvements, enlargements or extensions may be financed entirely from such
cash payments, if authorized by the Village Council. If any such surplus is
used to redeem or purchase bonds, the same shall be canceled, and the payments
thereafter required to be made by the Village to the County shall be reduced so
as to reflect the resulting saving of interest and the payment required to be
made by the Village in the calendar year of the stated maturity of said bonds
shall be reduced by the principal amount thereof.
10. Should the Village fail for any reason to pay the County at the
times specified the amounts herein required to be paid, the Village hereby
authorizes the State Treasurer or other official charged with the disbursement
of unrestricted state funds returnable to the Village pursuant to the Michigan
constitution to withhold sufficient funds to make up any default or deficiency
in funds. If the full faith and credit of the County are pledged for the
prompt payment of the principal of and interest on the bonds to be issued by
the County and if the County is required to advance any money by reason of such
pledge on account of the delinquency of the Village, the County Treasurer is
Commissioners Minutes Continued. March 24, 1994
164
authorized hereby to notify the State Treasurer to deduct the amount of money
so advanced by the County from any unrestricted moneys in the State Treasurer's
possession belonging to the Village and to pay such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any
other legal remedies for the reimbursement of moneys advanced on account of the
default of the Village.
11. The Village, pursuant to the authorization of Act 342 and Act 189,
Public Acts of Michigan, 1979, hereby pledges its unlimited tax full faith and
credit for the prompt and timely payment of its obligations expressed in this
contract and shall each year 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 Village shall have on hand cash or other funds
which have been set aside and pledged or are budgeted or otherwise available
for the payment of such contractual obligations falling due prior to the time
of the next tax collection, then the annual tax levy may be reduced by such
amount. Taxes levied by the Village may be without regard to applicable
charter, statutory and constitutional limits and in addition to the taxes the
Village is authorized to levy. The Village Council each year, at least 90 days
prior to the final date provided by law 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 Village has or will have on hand or to its credit
in the hands of the County which have been or will be set aside and pledged for
payment of said obligations to the County, and the amount of the Village taxes
next proposed to be levied for the purpose of raising money to meet such
obligations. The County Agency shall review such statement promptly and, if he
finds that the proposed tax levy is insufficient, he shall so notify the
Village Council, and the Village hereby covenants and agrees that it thereupon
will increase its levy to such extent as may be required by the County Agency.
12. No change in the jurisdiction over any territory in the Village
shall impair in any manner the obligations of this contract or affect the
obligations of the Village hereunder. In the event that all or any part of the
territory of the Village 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 unlimited tax full faith and credit) of the Village,
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
governing body of the municipality into which such territory is incorporated or
to which such territory is annexed and the Village Council of the Village, by
mutual agreement and with the written approval of the County Agency, shall 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 Village Council of the Village, 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 not make the recommendation within
forty-five (45) days after its appointment or within any extension thereof by
the County Agency, then the County Agency may proceed without such
recommendation.
13. This contract is contingent upon the County issuing its negotiable
Commissioners Minutes Continued. March 24, 1994
165
bonds as herein provided, to defray such part of the total estimated cost of
the Project as is necessary to be financed, which bonds shall be issued under
the authorization provided in Section 5a, 5b and 5c of said Act 342. Interest
on the bonds may be capitalized and paid from the bond proceeds for a period
not exceeding the estimated construction period and one year thereafter. In
the event that the bonds are not issued within five years from the date of this
contract, it shall become null and void unless extended by mutual agreement,
except that the Village shall pay all engineering, legal and other costs and
expenses theretofore incurred hereunder and other costs and expenses
theretofore incurred hereunder and shall be entitled to all plans,
specifications and other engineering data and materials.
14. Upon completion of the Village System it shall be operated and
maintained in accordance with a supplemental agreement between the Village and
the County. The operation and maintenance of the System shall continue as
provided in the Evergreen Agreement, the Farmington Agreement, and any
supplements or amendments thereto, with costs thereof billed, collected and
paid as at present.
If a grant, advance or payment becomes available from the state or
federal governments or any other source, the Village hereby agrees to adopt
such resolutions or ordinances as may be required by state or federal laws,
regulations or orders to make the County and the Project and the System
eligible to accept and receive the grant, advance or payment, and if the terms
of the grant, advance or payment require a local contribution, the Village
hereby agrees to raise and make such local contribution.
15. The County shall have no obligation or responsibility for providing
facilities except as herein expressly provided with respect to the acquisition
of the Project or as otherwise provided by contract. The Village shall have
the authority and the responsibility to provide such other facilities and shall
have the right to expand the facilities of the Village System by constructing
or extending sewers or related facilities, connecting the same to the Project,
and otherwise, improving the Project. It is expressly agreed, nevertheless,
that no such connection shall be made to the Project and no improvements,
enlargements or extensions thereof shall be made without first securing a
permit therefor from the County Agency. Any such permit may be made
conditional upon inspection and approval of new construction by the County
Agency. It is further agreed that the Village system shall be used for
collection and conveyance of sanitary sewage only and that the Village shall
take all necessary action to prevent entry into the Village system of storm
waters and also to prevent entry of sewage or wastes of such a character as to
be injurious to the Village System or 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. The
County Agency shall prepare, with the aid of its consultants, such covenants,
representations and warranties and have adopted by officials of the County and
of the Village such procedures for construction, accounting, payment and
operating as are necessary to comply with the requirements of state and federal
law in order to create and maintain the obligations of the Village and of the
County under this contract and with respect to the bonds as valid and binding
obligations and in order to assure that the interest on the bonds is excludable
from gross income for federal income tax purposes. Such covenants,
representations and warranties and such procedures shall be evidenced by and
set forth in certificates or resolutions prepared for the County Agency which
the Village and the County agree to approve, execute and adopt at or prior to
issuance and delivery of any bonds.
17. The parties hereto recognize that the holders from time to time of
the bonds to be issued by the County under the provisions of Act 342, and
secured by the unlimited tax full faith and credit pledge of the Village to the
making of the 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
Commissioners Minutes Continued. March 24, 1994
166
this contract shall not be subject to any alteration or revision which would in
any manner adversely affect either the security of the bonds or the prompt
payment of principal or interest thereon. The right to make changes in this
contract, by amendment, supplemental 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 in any way impair
the contract of said bonds, the security therefor, or the prompt payment of
principal and interest thereon. It is hereby declared that the terms of this
contract and of any amendatory or supplemental 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 shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not
affect any other provisions hereof, but this contract shall be construed as if
such invalid, illegal or unenforceable provision has never been contained
herein.
19. This contract shall become effective upon its execution by each
party hereto subject to referendum rights provided in Act 342. 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.
VILLAGE OF FRANKLIN COUNTY OF OAKLAND
By:________________________ By:___________________________
President County Drain Commissioner
(County Agency)
George W. Kuhn
By:________________________
Village Clerk
Exhibit C
Installments due the County on February 1st in the years and amounts as
follows:
$125,000 1995 $220,000 2007
130,000 1996 230,000 2008
135,000 1997 245,000 2009
140,000 1998 260,000 2010
150,000 1999 275,000 2011
155,000 2000 290,000 2012
160,000 2001 305,000 2013
170,000 2002 320,000 2014
180,000 2003 340,000 2015
190,000 2004 360,000 2016
200,000 2005 380,000 2017
210,000 2006 405,000 2018
425,000 2019
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing Resolution.
PLANNING AND BUILDING COMMITTEE
Commissioners Minutes Continued. March 24, 1994
167
Moved by Palmer supported by Dingeldey the resolution be adopted.
AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, Miltner, Oaks, Obrecht, Palmer,
Powers, Schmid, Taub, Wolf. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94074
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION - EXTENSION OF
LEASE FOR 52ND DISTRICT, 4TH DIVISION COURT FACILITIES IN THE CITY OF TROY
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the County of Oakland is the control unit for the 52/4 District
Court; and
WHEREAS the 52/4 District Court is presently located in the City of Troy
Municipal Building; and
WHEREAS the current lease for the 52/4 District Court facilities expired
on the 28th of February, 1994; and
WHEREAS the City of Troy and the County of Oakland desires to extend this
lease on a month to month Lease under the terms and conditions as set forth in
the original 1985 lease, at an annual rate of $75,668.00 plus adjustments
upward or downward to reflect changes in the City of Troy's cost of labor,
supplies, utilities, and insurance.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the extension of the Lease for the 52/4 District Court
with the City of Troy on a month to month Lease under the same terms and
conditions as originally set forth in the 1985 Lease between the City of Troy
and the County of Oakland.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its
Chairperson to execute the necessary documents to extend this Lease.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Third Extension of Lease, Lease, Extension of Lease and Second
Extension of Lease on file in the County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94075
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION
OAKLAND/PONTIAC AIRPORT SANITARY SEWER EASEMENT TO WATERFORD TOWNSHIP (SIDWELL
NO. 13-17-400-002)
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, and being part of Tax Sidwell No. 13-17-400-002,
known as Oakland/Pontiac Airport; and
WHEREAS to update the sanitary service to the terminal building at
Oakland/Pontiac Airport, a sanitary sewer 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 sanitary sewer across a portion of property described as Tax Parcel 13-17-
400-002; and
WHEREAS the Airport Committee and Airport Manager have reviewed and
recommend the granting of this easement request.
Commissioners Minutes Continued. March 24, 1994
168
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the granting of this easement to the Township of
Waterford for the operation and maintenance of a sanitary sewer across Tax
Parcel 13-17-400-002 at the Oakland/Pontiac Airport.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs its 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
Copy of Sanitary Sewer Easement on file in County Clerk's office.
Moved by Palmer supported by Powers the resolution be adopted.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, McPherson, Miltner, Oaks, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Aaron. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94076
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT - ACCEPTANCE OF CONTRACT SERVICES FOR VALET
PARKING AT THE COURTHOUSE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on November 30, 1993 this committee received a report detailing a
proposed plan for expansion of the South Courthouse Parking Lot, including a
plan to implement valet parking at the North Entrance of the Courthouse; and
WHEREAS specifications were developed and the Purchasing Division received
five (5) proposals from viable valet service companies; and
WHEREAS it was found that Four Star Parking Systems, Inc. submitted a
proposal which represents minimal costs to the public and employees; and
WHEREAS this contract will not cost the County any monies in direct cost
nor will it generate any revenues, an amendment to the 1994/95 adopted budget
is not necessary; and
WHEREAS incidental costs associated with providing the service will not
exceed $1,000 and can be absorbed within the Facilities Maintenance and
Operations budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Department of Facilities Management and the
Department of Management and Budget to establish a contract with Four Star
Parking Systems, Inc. of Farmington Hills, Michigan, for a period of one year,
commencing upon completion of the site work related to the West Wing Extension
project.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Courthouse Valet Parking Report, Summary of Valet Parking
Proposals and Site Plan on file in the County Clerk's office.
Moved by Palmer supported by Kaczmar the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Aaron, Crake. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. March 24, 1994
169
MISCELLANEOUS RESOLUTION #94077
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: FACILITIES MANAGEMENT - SOUTH PARKING LOT EXPANSION - PHASE I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #93295, adopted December 9, 1993, the
Board of Commissioners authorized the Department of Facilities Management to
receive bids for the South Parking Lot Expansion - Phase I project; and
WHEREAS it has been determined that parking spaces for this project can be
expanded from 200 to 288 spaces without providing additional funding; and
WHEREAS the Department of Facilities Management has reviewed this
expansion and finds it to be economical and in the best interests of the
citizens of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the expansion of the South Oakland Parking Lot from 200
spaces, as originally approved by the Board, to 288 spaces.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Oaks the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McPherson, Miltner, Oaks, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Aaron, Crake, Dingeldey. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94078
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - AUTHORIZATION FOR SALE OF COUNTY
OWNED PROPERTY IDENTIFIED AS TAX SIDWELL NUMBERS 14-29-205-003 AND 14-29-206-
010 IN THE CITY OF PONTIAC, COMMON ADDRESS 196 OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland in concurrence with the County Executive and
Oakland County Board of Commissioners Planning and Building Committee, has
recommended to offer to sell by sealed offers County owned property located in
the City of Pontiac and identified as tax Sidwell Numbers 14-29-205-003 and 14-
29-206-010; and
WHEREAS the Department of Facilities Management has had the property
identified as tax Sidwell Numbers 14-29-205-003 and 14-29-206-010 appraised as
to fair market value; and
WHEREAS the Department of Facilities Management has advertised for sealed
offers to purchase County owned property identified as tax Sidwell Numbers 14-
29-205-003 and 14-29-206-010; and
WHEREAS the Department of Facilities Management has received sealed offers
to purchase property identified as tax Sidwell Numbers 14-29-205-003 and 14-29-
206-010, as follows:
Purchase
Company Offer
1. CR Investment Co. $545,000 With contingencies
2. First Samaritan Corp. $320,000
3. Openings $318,000
4. Perry Investments Ltd. $280,000
WHEREAS the Oakland County Board of Commissioners directs the Department
of Facilities Management to review and recommend to the Oakland County Board of
Commissioners that offer which is most advantageous to the County of Oakland.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Department of Facilities Management to complete
negotiations for a sales agreement with the highest qualified bidder, price and
Commissioners Minutes Continued. March 24, 1994
170
other factors considered for 196 Oakland Avenue; and
BE IT FURTHER RESOLVED that the appraisal requirements of the Board of
Commissioners have been met by obtaining one acceptable outside appraisal and
one letter of value from Lisa A. Hobart, ASA of the Community and Economic
Development staff; and
BE IT FURTHER RESOLVED that prior to final approval by the Planning and
Building Committee of a sales agreement that the acceptable purchaser shall
deposit with the County Treasurer a sum equal to 5% of the agreed sale price or
as an alternative an irrevocable letter of credit from the purchasers lending
institution guaranteeing the 5% deposit to the County of Oakland; and
BE IT FURTHER RESOLVED that when sales agreement has been completed and
other conditions have been complied with Facilities Management shall report
back to the Planning and Building Committee.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Douglas the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Aaron, Crake, Dingeldey, Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94079)
BY: Personnel Committee, Marilynn Gosling, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING -
RECLASSIFICATION OF ONE (1) TECHNICAL ASSISTANT POSITION TO FINANCIAL ANALYST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above-referenced Planning and
Building Committee resolution on March 16, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move acceptance of
the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS #94079
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND PLANNING -
RECLASSIFICATION OF ONE (1) TECHNICAL ASSISTANT POSITION TO FINANCIAL ANALYST I
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS one (1) Technical Assistant position was requested by the
Development and Planning Division in June of 1993 as part of the 1994 budget;
and
WHEREAS the position was approved as part of the 1994 adopted budget; and
WHEREAS the funding for the position is 100% reimbursed by the Local
Development Company (LDC); and
WHEREAS the duties required of the Technical Assistant position have
changed significantly since the position was originally created in the 1994
adopted budget; and
WHEREAS the duties and qualifications of the position are more closely
related to the level required in the Financial Analyst I classification; and
WHEREAS the LDC has agreed to increase the reimbursement of this position
to cover the cost of upwardly reclassifying it to a Financial Analyst I.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the upward reclassification of one (1) governmental
Technical Assistant position (#19202-07344) in the Development and Planning
Division to a Financial Analyst I.
Commissioners Minutes Continued. March 24, 1994
171
BE IT FURTHER RESOLVED that if the reimbursement funding for this position
were to be discontinued or reduced, that the position would be deleted.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94080
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT/DEVELOPMENT AND
PLANNING DIVISION - WOODWARD AVENUE CORRIDOR STUDY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the cities of Berkley, Birmingham, Ferndale, Huntington Woods,
Pleasant Ridge, and Royal Oak have expressed a desire to cooperatively work
together to prepare a Woodward Avenue Corridor Plan; and
WHEREAS Oakland County, through the Development and Planning Division has
agreed to provide project management and some staff support; and
WHEREAS operational expenses associated with the preparation of the
Woodward Avenue Corridor Study are estimated to be $77,000; and
WHEREAS the operational expenses will be fully financed by the participat-
ing cities, grants, and private sector contributions, with no funding by
Oakland County required; and
WHEREAS there is a need to manage and account for the operating expenses
by Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the establishment of Fund #70504 for the Woodward Avenue
Corridor Study.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Memorandum on file in the County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94081
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: 4-H YOUTH PROGRAM BLUE RIBBON COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State University Extension - 4-H Youth Program
promotes and provides positive human growth experiences instilling confidence
and self-esteem in Oakland County youth; and
WHEREAS the Oakland County 4-H youth program promotes family and community
values by learning and sharing knowledge and skills with brothers, sisters,
neighbors, and friends; and
WHEREAS 4-H affords Oakland County youth the opportunity to explore and
gain new knowledge and experiences from 14,000 learning-by-doing projects
ranging from dog obedience to international cultural diversity; and
WHEREAS over 1100 4-H leaders volunteer their time in planning, coaching,
supporting, encouraging, associates and youth in their participation in
learning-by-doing experiences; and
WHEREAS 4-H experiences provide young people experiences that help them in
becoming productive and contributing members in neighborhoods and communities
as they mature to become adults; and
WHEREAS through 4-H achievements youth become eligible to apply for and
receive college grants, scholarships, and awards which assist them in achieving
higher education degrees; and
Commissioners Minutes Continued. March 24, 1994
172
WHEREAS 4-H youth experience has contributed significantly to youth in
making career choices; in providing the confidence in joining and participating
in civic associations; in basic confidence for accepting leadership roles; in
taking calculated risks in pursuing business ventures or career changes; and in
life long education decisions; and
WHEREAS the origin and foundation for 4-H comes from the Federal Extension
System; through state Land-Grant Universities (Michigan State University); and
to counties (Oakland); and
WHEREAS an Oakland County appropriation of $1.00 leverages an additional
$3.72 of care and nurturing from volunteer investment in building human
capacity; and
WHEREAS Oakland County continues to strive to achieve greatest efficiency
in service delivery and is exploring organizational arrangements that will
maintain or amplify public service.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners create a Blue Ribbon Committee consisting of the following:
County Executive - 2 representatives; Board of Commissioners - 2
representatives; MSU Extension -Oakland County - 2 staff representatives;
Parks and Recreation Commission - 2 representatives; and 4-H Leaders - 2
representatives; who will, 1) review the virtues and organization of the MSU
Extension 4-H youth program in the County; and, 2) recommend future
organization and funding arrangements that will increase service and benefits
to the public.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Obrecht supported by Garfield the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McPherson, Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Aaron, Crake, Dingeldey, Douglas, Garfield. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94082
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: COMMUNITY DEVELOPMENT DIVISION - HOME IMPROVEMENT PROGRAM GUIDELINE
CHANGES
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Community Development Division has administered the Home
Improvement Program since 1976 to rehabilitate single family owner occupied
housing for low and moderate income persons and improve our residential
neighborhoods; and
WHEREAS in Miscellaneous Resolutions #81237, #82233, and #90201, the
Oakland County Board of Commissioners approved guidelines for administering the
Home Improvement Program; and
WHEREAS annual rates of inflation and rising construction costs have
reduced the purchasing power of the $9,000 (plus 10% contingency) maximum home
improvement loan amount set in 1990 and have eroded the Program's capacity to
bring a house to a decent, safe and sanitary condition as required by the U.S.
Department of Housing and Urban Development (HUD); and
WHEREAS costs incurred to comply with additional federal and local
rehabilitation requirements have further reduced the scope of work that can be
accomplished under the current $9,000 (plus 10% contingency) maximum loan
amount; and
WHEREAS the Community Development Division recommends that the current
maximum loan amount of $9,000 (plus 10% contingency) be increased to $11,000
(plus 10% contingency) as a means to offset negative economic and regulatory
influences that have eroded the program's housing rehabilitation capacity; and
Commissioners Minutes Continued. March 24, 1994
173
WHEREAS the Oakland County Community Development Citizens Advisory Council
has unanimously approved by a 10-0 roll call vote raising the maximum loan
amount for each home improvement project from $9,000 (plus 10% contingency) to
$11,000 (plus 10% contingency).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve the Home Improvement Program Guideline changes which
increase the maximum home improvement loan amount to $11,000 (plus 10%
contingency).
CHAIRPERSON, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Oakland County Community Development Home Improvement Program
Guidelines on file in the County Clerk's office.
Moved by Obrecht supported by McPherson the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson,
Miltner, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron,
Crake, Dingeldey, Douglas, Garfield, Gosling. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94083
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL EXAMINER -
PURCHASE OF MASS SPECTROMETER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Medical Examiner is required to investigate and
determine the cause of death within the boundaries of Oakland County; and
WHEREAS included in the required investigation is a thorough post mortem
examination which analyzes body chemicals and other fluids in order to
accurately determine the cause of death; and
WHEREAS a mass spectrometer is an essential piece of equipment in chemical
analysis; and
WHEREAS the Medical Examiner's office currently does not have a mass
spectrometer, therefore, fluids requiring testing are sent to out-of-state
laboratories, turn-around time for test results is approximately three (3) to
six (6) weeks; and
WHEREAS the Medical Examiner would realize a number of benefits from
obtaining its own mass spectrometer, including the ability to analyze fluids in
a matter of days rather than weeks, thereby speeding the investigation process,
reduction in professional services expense by eliminating the need to transfer
most fluids to an outside laboratory for analysis, and a possibility of
generating outside revenue by offering the services of the mass spectrometer to
local medical examiners; and
WHEREAS a variety of vendors can provide a new mass spectrometer at an
estimated cost of $185,000; and
WHEREAS this piece of equipment can be purchased by the County's equipment
fund and leased back to the Medical Examiner to provide for future replacement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the request for bids to purchase a mass spectrometer for
the Medical Examiner's office.
BE IT FURTHER RESOLVED that the mass spectrometer be purchased by the
Equipment Fund and leased back to the Medical Examiner so as to provide for
future replacement.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. March 24, 1994
174
Copy of attachments on file in the County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
MISCELLANEOUS RESOLUTION #94084
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/MEDICAL EXAMINER -
PURCHASE OF DIAGNOSTIC MICROSCOPE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Medical Examiner is required to investigate and
determine the cause of death within the boundaries of Oakland County; and
WHEREAS included in the required investigation is a thorough post mortem
examination which analyzes body tissues in order to accurately determine the
cause of death; and
WHEREAS a diagnostic multi-view microscope is an essential piece of
equipment to the tissue examination process; and
WHEREAS the Medical Examiner's office currently has two microscopes which
are over 25 years old and require frequent repairs, delaying the investigation
process; and
WHEREAS a variety of vendors can provide a new multi-view microscope
(estimated cost of $13,000), which will improve the investigation process; and
WHEREAS this piece of equipment can be purchased by the County's equipment
fund and leased back to the Medical Examiner to provide for future replacement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the request for bids to purchase a diagnostic multi-view
microscope for the Medical Examiner's office.
BE IT FURTHER RESOLVED that the microscope be purchased by the Equipment
Fund and leased back to the Medical Examiner so as to provide for future
replacement.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of attachment on file in the County Clerk's office.
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
REPORT (Misc. #94085)
BY: Personnel Committee, Marilynn E. Gosling, Chairperson
IN RE: PROBATE COURT - REQUEST TO FILL SEVEN EARLY RETIREMENT VACANCIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced Public
Services Committee resolution on March 16, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance
of the foregoing report.
PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #94085
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: PROBATE COURT - REQUEST TO FILL SEVEN EARLY RETIREMENT VACANCIES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #93165 requires that a twenty-five
percent (25%) reduction of the cost of positions vacated through early
retirement be achieved prior to filling of vacancies or approval of any
reorganizations; and
WHEREAS the Probate Court requests to fill one GOV Juvenile Court Referee
Commissioners Minutes Continued. March 24, 1994
175
I, two GOV Child Welfare Worker II, one GOV Court Administrator/Probate
Juvenile Register, one GOV Manager-Juvenile Field Services, one GOV Manager-
Probate Estates and Mental Health Services, and one GOV Chief-Casework Services
vacated through the Early Retirement Program; and
WHEREAS to achieve the required twenty-five percent (25%) savings the
department has identified revenues generated from P.A. 189 (1993) for fee
changes as well as long term salary savings; and
WHEREAS the Department of Management and Budget has reviewed the proposal
and concurs.
NOW THEREFORE BE IT RESOLVED that because identified long term increases
to revenues and salaries exceed the required twenty-five percent (25%) cost
reduction necessary to fill positions vacated through early retirements, the
Oakland County Board of Commissioners approves the filling of seven positions
in Probate Court:
Juvenile Court Referee I #34103-01358
Child Welfare Worker II #34712-02652
Child Welfare Worker II #34712-03636
Court Administrator/Probate
Juvenile Register #34101-05112
Manager-Juvenile Field Services #34701-01411
Manager-Probate Estates &
Mental Health Services #34401-05113
Chief-Casework Services #34705-03216
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #94085)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PROBATE COURT - REQUEST TO FILL SEVEN EARLY RETIREMENT VACANCIES
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 #94085 and finds:
1. Miscellaneous Resolution #93165 requires a twenty-five percent (25%)
reduction of the cost of positions vacated through early retirement
be achieved prior to filling of vacancies.
2. The Probate Court wishes to fill the following positions vacated by
an early retirement:
Ct. Admin./Prob. Juv. Reg. #34101-05112
Juv. Court Referee I #34103-01358
Mgr.-Prob. Est. & Men. Hlth. Svc. #34401-05113
Mgr.-Juv. Field Svcs. #34701-01411
Chief - Casework Svcs. #34705-03216
Child Welfare Worker II #34712-02652
Child Welfare Worker II #34712-03636
3. The required twenty-five percent (25%) savings for these positions
equals $148,398.
4. To achieve the twenty-five percent (25%) required savings, the
department has identified new revenue generated from P.A. 189 (1993)
for fee changes, which amounts to $145,000 for Probate Court, plus
$39,708 in long-term savings (total of $184,708).
5. The 1994/1995 Biennial Budget is amended as follows:
10100 Fund
REVENUES: 1994 1995
344-01-00-2046 Certified Copies $ 72,000 $ 72,000
344-01-00-2049 Change of Names (7,000) (7,000)
344-01-00-2340 Miscellaneous 50,000 50,000
344-01-00-2805 Will Deposits 30,000 30,000
Total Revenues $145,000 $145,000
EXPENDITURES:
Commissioners Minutes Continued. March 24, 1994
176
341-01-00-1001 Salaries ($ 4,950) ($ 9,900)
341-01-00-2070 Fringe Benefits ( 4,836) ( 3,594)
341-03-00-1001 Salaries ( 116) ( 155)
341-03-00-2070 Fringe Benefits ( 4,692) ( 56)
344-01-00-1001 Salaries ( 13,037) ( 17,383)
344-01-00-2070 Fringe Benefits ( 11,530) ( 6,310)
347-01-00-1001 Salaries ( 14,021) ( 18,695)
347-01-00-2070 Fringe Benefits ( 11,864) ( 6,786)
347-05-00-2070 Fringe Benefits ( 5,057) ( -0- )
347-12-00-1001 Salaries ($37,920) ($21,942)
347-12-00-2070 Fringe Benefits ( 14,695) ( 7,965)
341-01-00-9950 Budget Task 138,010 -0-
909-01-00-9901 Salary Adjustment 129,708 237,786
Total Expenditures $145,000 $145,000
Total $ - 0 - $ - 0 -
======== ========
FINANCE COMMITTEE
Moved by Obrecht supported by Gosling the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Gosling the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #94057)
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SUPPORT OF OAKLAND COUNTY COUNCIL TO PREVENT DOMESTIC VIOLENCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-referenced
resolution, reports with the recommendation that the resolution be adopted with
the following amendment to the NOW THEREFORE BE IT RESOLVED paragraph:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the concept of an Oakland County Council
to Prevent Domestic Violence, chaired by Judge Edward Sosnick, in its
efforts to eliminate domestic violence and spousal abuse.
Chairperson, on behalf of the Public Services Committee, I move the
acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #94057
BY: Commissioner Shelley Goodman Taub
IN RE: SUPPORT OF OAKLAND COUNTY COUNCIL TO PREVENT DOMESTIC VIOLENCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS domestic violence permeates our society; and
WHEREAS there are still limited resources available within the public
sector to assist those families and individuals who are victims of domestic
violence and spousal abuse, and sexual assault; and
WHEREAS Oakland County is extremely fortunate to have a multitude of
concerned citizens who have dedicated much of their time, expertise, money and
compassion to form private agencies and support groups to aid these victims of
violence, and to lobby for needed protective laws, increased enforcement, and a
firm commitment by our community that domestic violence and spousal abuse are
Commissioners Minutes Continued. March 24, 1994
177
crimes and will not be tolerated.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the Oakland County Council to Prevent
Domestic Violence, chaired by Judge Edward Sosnick, in its efforts to eliminate
domestic violence and spousal abuse.
Chairperson, I move the adoption of the foregoing resolution.
Shelley Goodman Taub
Moved by Obrecht supported by Law the Public Services Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Law the resolution be amended to coincide
with the report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #94052)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CIRCUIT COURT - USE MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed Miscellaneous Resolution #94052,
"Circuit Court - Use Mediation Funds for Equipment and Furniture," reports with
the recommendation that the resolution be amended in the sixth WHEREAS
paragraph by deleting the $5,000 referenced for the Oakland County Bar
Association and the $5,490 referenced for Dues and Publications. Further, that
the $60,490 amount referred to in the NOW THEREFORE BE IT RESOLVED paragraph be
changed to "$50,000" to coincide with the Fiscal Note.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing Report.
FINANCE COMMITTEE
MISCELLANEOUS RESOLUTION #94052
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: CIRCUIT COURT - USE MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #90177, the Board of Commissioners
established the Circuit Court Mediation Fund; and
WHEREAS the fund is to be used to help pay for Circuit Court enhancements
and improvements as requested by the Circuit Court and approved by the Board of
Commissioners; and
WHEREAS the Court seeks to assist the Oakland County Bar Association
establish new services which will greatly benefit the Court; and
WHEREAS the Court wants to honor its late colleague, the Honorable John N.
O'Brien, through the Oakland County Bar Association; and
WHEREAS the Court seeks to increase its dues and publications to cover
both an increase in costs and a reduction in that line item; and
WHEREAS the Court seeks to purchase needed furniture, listed below,
Commissioners Minutes Continued. March 24, 1994
178
because its capital outlay appropriation was significantly reduced because of
the existence of the Mediation Fund:
Oakland County Bar Association $ 5,000
($1,000 in memory of the Hon. John N. O'Brien)
Dues and Publications $ 5,490
Jury Room Modular Furniture $50,000
WHEREAS the cost of the above enumerated items is established to total
$60,490.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the use of $60,490 from the Circuit Court Civil
Mediation Fund for the above listed furniture, donations, dues and
publications.
On behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (Misc. #94052)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: CIRCUIT COURT - USE OF MEDIATION FUNDS FOR EQUIPMENT AND FURNITURE
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 #94052 and finds:
1. The Circuit Court has requested using $50,000 from the Circuit Court
Civil Mediation Fund.
2. Miscellaneous Resolution #90177 approved the revision of the
mediation procedures and authorized the fund balance, after the
payment of attorney mediators and other Board approved expenditures,
be used for Court enhancements and improvements as requested by the
Circuit Court and approved by the Board of Commissioners.
3. The funds will be used for Miscellaneous Capital Outlay.
4. The Court has used this fund for Judicial, Administration and Friend
of the Court enhancements including underwriting Settlement Week,
courthouse building renovations, furniture and equipment as detailed
in the Attachment.
5. As of February 28, 1994, the fund reflects an available balance of
$367,355, net of 1994 liabilities.
6. The 1994 liabilities to date are $125,040 for attorney mediators
and, per M. R. #93205, $32,500 for the 1993-1994 Drug Adjudication
Grant match.
7. The items requested are allowable and sufficient funds are available
for the request.
8. The following amendments are made to the Circuit Court's 1994 Budget
utilizing funds from the Civil Mediation Account (1-10100-201-011):
Revenue 3-10100-
311-05-00-2054 Civil Mediation $50,000
Expenditures 4-10100-
311-05-00-9998 Misc Capital Outlay 50,000
$ -0-
FINANCE COMMITTEE
Copy of attachment on file in the County Clerk's office.
Moved by Obrecht supported by Pernick the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by Pernick the resolution be amended to
coincide with the report.
A sufficient majority having voted therefor, the amendment carried.
Commissioners Minutes Continued. March 24, 1994
179
Vote on resolution, as amended:
AYES: Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas,
Garfield, Gosling, Huntoon, Jensen, Johnson. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #94086
BY: Larry Crake, Commissioner, District 4; Sue Douglas, Commissioner, District
8; Donna Huntoon, Commissioner, District 2; Ruth Johnson, Commissioner,
District 1; Jeff Kingzett, Commissioner, District 7; Lawrence Obrecht,
Commissioner, District 3; Dennis Powers, Commissioner, District 10
IN RE: FORCED SITINGS OF DISPOSAL CAPACITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on June 1, 1992, the U.S. Supreme Court rendered a decision that
allows out-of-state and out-of-country wastes to flow freely into Southeastern
Michigan; and
WHEREAS on March 4, 1993, the Oakland County Board of Commissioners
adopted a resolution (MR #93001) which:
1. Urged Congress to adopt laws allowing counties to effectively
regulate the flows of out-of-state and out-of-country wastes so that
they may properly plan for the disposal of their own wastes without
that capacity being usurped by uninvited wastes; and
2. Urged the State of Michigan, absent any such timely national
legislation, to suspend the forced siting of new landfills beyond
that necessary for the local waste stream over the short-term (3 to
5 years); and
WHEREAS on October 7, 1993, the Oakland County Board of Commissioners
adopted a resolution (MR 93170) which:
3. Urged the State of Michigan to reduce the Act 641 planning period
from 20 years to 10 years (in part to reduce the amount of disposal
capacity originally required and to reduce the threshold at which
capacity must be replenished); and
WHEREAS little progress has been made on this entire issue (both from a
national and state perspective) and Oakland County is currently faced with the
potential mandate of additional disposal capacity (by a state agency which
refuses to change its interpretations of 1981 administrative rules in spite of
a dramatically altered solid waste scene), which will only add additional
capacity which is not required for the short-term needs (3 to 5 years) of the
County's solid waste generators and which excess will become an additional
competitor for the region's limited waste stream, thereby attracting even more
out-of-state and out-of-country wastes as the operators of the numerous
landfills seek to maximize their operation levels.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners reaffirms the problems previously identified, the urgency for
corrective actions required at both a national and state level, and the
solutions presented, as expressed in Miscellaneous Resolutions 93001 and 93170.
BE IT FURTHER RESOLVED that Michigan's legislators be urged to adopt
additional changes to Act 641 so that forced sitings of additional disposal
capacity do not occur, unless a county cannot demonstrate that it has access to
at least 5 years of disposal capacity at in-county sites, at sites in other
counties where such is permissive in the approved Act 641 plans, or at out-of-
state sites.
BE IT FURTHER RESOLVED that such changes should be enacted on an emergency
basis, with immediate effect, and which override existing plan language,
litigation, or administrative edicts which may force a county to site
additional disposal capacity when it has access to more than 5 years of
disposal needs.
Commissioners Minutes Continued. March 24, 1994
180
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
places an immediate moratorium on implementing the 1981 Administrative rules
until the legislature deals with the issues set forth in this resolution.
Chairperson, we move adoption of the foregoing resolution.
Larry P. Crake, Donna R. Huntoon,
Sue Ann Douglas, Ruth Johnson
Jeff Kingzett, Lawrence Obrecht,
Dennis N. Powers, Marilynn Gosling
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94087
BY: Jeff Kingzett, District #7
IN RE: HOUSE BILLS 4374 AND 4590 (SUPPORT) RESTRICTING CONTENT OF FOREIGN AND
OUT-OF-STATE SOLID WASTE IMPORTED TO MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Supreme Court has struck down state laws banning
the importation of solid waste from other states and countries; and
WHEREAS landfills in Oakland County are presently accepting out-of-state
and foreign waste; and
WHEREAS Michigan currently restricts the content of solid waste generated
in-state and disposed of in Michigan landfills and incinerators; and
WHEREAS there is presently no restriction on the content of solid waste
imported from other states and countries and disposed of in Michigan landfills
and incinerators; and
WHEREAS Michigan House Bills 4374 and 4590 seek to restrict the content of
solid waste imported from other states and countries so that it will meet
standards which are "at least as stringent and protective of the public health,
safety and welfare, and the environment" as apply to solid waste generated in
Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support the enactment of Michigan House Bills 4374
and 4590.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all state
legislators from Oakland County, and to the county's State Legislative Liaison,
the Michigan Association of Counties, the other counties in this state, and to
all Oakland County municipalities.
Chairperson, I move the adoption of the foregoing resolution.
Jeff Kingzett, District #7
Dennis N. Powers, Sue Ann Douglas,
Kevin A. Miltner, John P. Garfield,
Donna R. Huntoon, Eugene Kaczmar,
Lillian Jaffe Oaks, Nancy Dingeldey,
Lawrence Pernick, Hubert Price, Jr.,
Thomas A. Law, Marilynn Gosling,
Ruel E. McPherson
The Chairperson referred the resolution to the General Government and the
Planning and Building Committees. There were no objections.
MISCELLANEOUS RESOLUTION #94088
BY: Kevin Miltner, #5
IN RE: BOARD OF COMMISSIONERS, SUPPORT HB 5388 - REPEAL SINGLE BUSINESS TAX
ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Single Business Tax Act (P.A. 228 of 1975) provides for the
Commissioners Minutes Continued. March 24, 1994
181
imposition, levy, computation, collection, assessment and enforcement of taxes
on certain commercial, business and financial activities; and
WHEREAS the single business tax is an additive method of value added
taxation which taxes the incremental value of economic activity by adding the
components of production through which the taxpayer adds value to its goods and
services; thus the resources that are utilized by the taxpayer to turn imports
into goods and services are taxed with no regard to the taxpayers financial
position, profitability or ability to pay; and
WHEREAS this form of taxation is a disincentive to business activity and
has consistently been recognized as one of the primary negative aspects of
doing business in Michigan; and
WHEREAS House Bill 5388 has been introduced in the state legislature, and
would repeal the Single Business Tax Act, being sections 208.1 to 208.145 of
the Michigan Compiled Laws, in its entirety.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby supports HB 5388 and encourages the state legislature to
adopt same.
BE IT FURTHER RESOLVED that a certified copy of this resolution be
submitted to Oakland County's state legislative delegation and the Governor.
Chairperson, I move the adoption of the foregoing resolution.
Kevin Miltner, District #5,
Dennis N. Powers, Thomas A. Law
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94089
BY: Kevin Miltner, District #5
IN RE: BOARD OF COMMISSIONERS - OBTAIN LOCAL APPROVAL OF PROBATION RESIDENTIAL
CENTER PLACEMENT AS A PRECONDITION OF FUNDING PASS-THROUGH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a county which has adopted a state-approved comprehensive
community corrections plan will act as a pass-through agent for state funding
provided to Probation Residential Centers (PRCs) within that county; and
WHEREAS the concept of Probation Residential Centers incorporates several
facets, including public safety issues that are largely impacted by the type of
offenders housed in PRCs and the degree of specifications imposed upon PRC
service providers; and
WHEREAS public safety concerns are often recognized by the taxpayer as the
most important issue in society today; therefore, it is imperative that
placement of all future PRCs be considered by the governing bodies of the
appropriate cities, townships or villages; and
WHEREAS it is entirely possible that placement of PRCs, upon adherence to
applicable zoning criteria, may be accomplished without consideration by the
appropriate local governing body, effectively minimizing citizen input into the
siting process and debate over alternatives to incarceration.
NOW THEREFORE BE IT RESOLVED that subject to adoption of the Oakland
County Community Corrections Plan, the Oakland County Board of Commissioners
hereby requires that the governing body of a city, township or village in
Oakland County consider and approve placement of a PRC within that local
governmental unit's jurisdiction as a pre-condition to pass-through of state
funding for that PRC.
BE IT FURTHER RESOLVED that regardless of acceptance or rejection of the
Oakland County Community Corrections Plan, no County funding assistance for
local PRCs will be approved until, and unless, approval for placement of PRCs
has been made by the appropriate local government entity.
Chairperson, on behalf of the Committee, I move the adoption of the
foregoing resolution.
Commissioners Minutes Continued. March 24, 1994
182
Kevin Miltner, District #5,
The Chairperson referred the resolution to the Public Services Committee.
There were no objections.
MISCELLANEOUS RESOLUTION #94090
BY: Marilynn Gosling, Commissioner
IN RE: BOARD OF COMMISSIONERS - POLICY REGARDING SPECIAL ELECTIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the election statutes of the State of Michigan prescribe the
requirements for special election to fill vacancies on the Board of County
Commissioners; and
WHEREAS Corporation Counsel has opined that there is neither a statutory
requirement nor authorization for reimbursement of the expenses local
municipalities incur in the conduct of such special elections; and
WHEREAS past Oakland County precedent for such local election costs has
been uniform in not providing such reimbursement; however, lack of a formal
policy prohibiting such election cost reimbursement has led to confusion and
frustration.
THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby establish a formal policy that in accordance with the laws of the
State of Michigan and the past precedent of the County of Oakland, no
reimbursement of election costs shall be made by the County to any local unit
of government for the conduct of special primary or special general elections
for the filling of a vacancy in the office of County Commissioner.
BE IT FURTHER RESOLVED that the County Clerk be instructed to send
certified copies of this resolution to all local units of government in Oakland
County.
Chairperson, we move the adoption of the foregoing resolution.
Marilynn Gosling, Dennis N. Powers,
Larry P. Crake, John P. McCulloch,
Lawrence A. Obrecht, Donald W.
Jensen,
Kevin A. Miltner, Sue Ann Douglas
Donald Jensen
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94091
BY: Commissioners Shelley Taub, Charles Palmer, Marilynn Gosling, Hubert Price
IN RE: COMMUNITY MENTAL HEALTH - AUTHORIZATION TO CARRY FORWARD 93/94 LAPSED
FUNDS
TO the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since June 1993 the Oakland County Community Mental Health
Services Board (CMH), under authorization of the Oakland County Board of
Commissioners, is a full management board under contract with the Michigan
Department of Mental Health (MDMH); and
WHEREAS full management allows CMH a unique opportunity to thoroughly
review and redesign current programs as well as develop new programs to meet
the mental health needs of Oakland County residents; and
WHEREAS in order to facilitate the planning process, Oakland County
established a Transition Planning Team process which formed committees made up
of CMH and County staff, consumers, family members, private and private
providers, and other stakeholders, in the design of programs for specific
population groups; and
WHEREAS in order to carefully plan for community needs and receive input
from all interested parties, the planning process will take until the summer of
Commissioners Minutes Continued. March 24, 1994
183
1994 to complete; and
WHEREAS on March 9, 1994, MDMH sent Oakland CMH the State Fiscal Year (FY)
1993/1994 Authorization which, due to decreased use of state facilities,
included a minimum of $2.4 million in funds that could be used for program
expansion based on the plans now under development; and
WHEREAS the length of the planning process will not allow CMH to spend all
of these funds, by the end of the fiscal year, and as a result they will be
lapsed back to MDMH at the end of State FY 93/94; and
WHEREAS the lapsing of these funds would deprive Oakland County residents
of resources to meet the overwhelming demand for mental health services, as
witnessed by the extensive waiting lists for residential placements for
citizens who are developmentally disabled and other services; and
WHEREAS these funds could be used to support start-up efforts for the
programs developed through the planning process; and
WHEREAS should these unspent FY 93/94 funds be carried forward into FY
94/95, they could be used to fund start-up costs for the community-designed
programs while allowing the base FY 94/95 MDMH authorization for Oakland County
to cover regular operating costs; and
WHEREAS carry-forward of funds is a common practice when establishing new
programs, as reflected in the budgeting of federal grants through MDMH; MDMH
has in fact proposed Mental Health Code changes that would authorize carry-
forward of unspent funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Community Mental
Health Services Board be authorized to carry-forward unspent FY 93/94 funds
into FY 94/95, to cover start-up cost and community demand needs, with the
understanding that all carried forward unspent FY 93/94 funds unencumbered
September 30, 1995 be lapsed back to the Department of Mental Health.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
Community Mental Health Boards in Michigan; the Michigan Association of Mental
Health Boards, and MAC.
Chairman, we move the adoption of the foregoing resolution.
Shelley Goodman Taub, Charles Palmer,
Marilynn Gosling, Hubert Price, Jr.
The Chairperson referred the resolution to the General Government and
Finance Committees. There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referrals:
GENERAL GOVERNMENT
a. Shiawassee Cnty. Bd. of Comm. - (Support) Recent $15.1 Million Increase in
Public Health Cost Sharing by State of Michigan
PERSONNEL
a. Michigan Employment Relations - U.A.W. Local 889 Designated and Selected to Repr
PLANNING AND BUILDING
a. Michigan Dept. of Transportation - Excess Property Sale
PUBLIC SERVICES
a. City of Hazel Park - (Oppose) Increase of Fees for CLEMIS
b. City of Lathrup Village - (Oppose) Increase of Fees for CLEMIS
c. City of Hazel Park - (Support) of O'COM
d. Township of Milford - (Support) of O'COM
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be April 14,
1994 at 9:30 A.M.
The Board adjourned at 1:00 P.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson