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HomeMy WebLinkAboutOrdinances - 1942.04.21 - 8510Date INDEX SOUTHEASTERN OAKLAND COUNT!, SEWAGE DISPOSAL SYSTEM Resolution Number Title Pacie NO. ' 4/21/42 1523 Authorization to Establlsn ------ 10/20/42 1562 Amendment 273 11/10/42 1981 thru 1592 Proceedings re; Establishment of 4 thru 51 6/28,143 2017 Acquire Title to Land ----.........62 9/18/44 2121 Board of Abditors appointed as Board cf Review- 53 4/13/48 2390 Drain Commissioner's Salary for Supervisins J.+ 1/3/53 2751 Amendment to Description of Boundaries 55 thru 59 9/20/54 2944 Establish Evergreen interceptor-Detach Part of Southfield Township and Troy Toonship 60-61 6/25156 31)6-7 Southfield sewage Disposai Plant and Farmington Townsnip-Contract with City of Detroit 62 10/1/56 3151 South Evergreen Interceptor District-<:Ity of Lathrtip Vrilaue 63 7i2758 3395 Fixing 11ei Boundaries 64-65-66 518/58 3408 . - Authorization to File Application for Federal Grant 67 9/6/58 3409 Answer to Order of State Health Commissioner 68 9/15158 3479 Application for Federal Grant -----69 6/25/62 3963 Condemnation for Sout'; Oakland Sewage Disposal System 70 11/7/62 4057-8-9 4060-1 Enlargement of District -71 thru 103 12/13/62 4.072-3-4-5 Construction of 1;equindre Interceptor 104 thrL 110 12120/62 Issuance of Bonds 11-112 1/15/63 4098-9 Compensation for Drain Comaissioner-Receipt of Bonds-- 113-114 3/21/63 4145 Bonds 115-16-117 912764 4345 Sale of Bonds Owned by S.E.O,C.S.D.S. 118 . 2/23/65 4407 Public Works Grant -119 4/13/65 4423 Amendment to Res.#4407-Public Works Grant 120 3/5/67 4687 Additional capacity in Dcquindre Interceptor 120-A 6/19/69 5r4 Authorize Drain Commissioner tc Negotiate for additional treatment and transportation caoacity 121 722/70 5266 Drain Commissioner authorized to obtain plans, specifications & cost to provide additional pollution control to abate pollution of Red Run Drain - 122 6/18/70 542.1 Appropriation 1Z3 8/6/70 5455 Resolution #5421 Not ado“ 124 8/20/70 5456 Appropriation for Drain Commissioner for pollution control 125 8/20/70 5459 Plans, Specifications G- cost for additional pollution control facilitie3- 126 8/20/70 5460 Report on Reso1ution #5421 -126 9/17/7 5486 Appropriation 127 .1/19/70 554.; 1970 Contract 128 12/17/70 5568 Pollution control project 129 3/4171 563 .:', Additional compensation-Drain Commissioner 130 5/19/71 5778 Pollution control croject- 131 12/15/72 6181 Agency for SEOCSOS-County Road :ommission designate as Agency 132 75173 6795 Drain Commissioner Designated Agent 133 9/6/73 6427 Park Development Plan 134 & 11/1/73 (Referred to Buildings & Grounds Comm, & Parks .c Rec.Commission) Moved by Tyler supported by Parkin that the reeolution be ereeeded te affect the City of Berkeley on the basis of a new coacial census, if cmd when one should be taken. Voting on the adoption of the orielnal resolution; Ape:. 'Relyci, Ceernansice, Dace, Dur.eare Eckman, Ewart, Felt, Fisher, Garcther, Gibbs, Cienen, Graves, Haack, Hall, Fillrerere T-Tre'flered, Feclene, Humistcn, Kay, King, Laing, Lamb, Lcrwson, Levineore Lilly, Lome:son, Moe, McCaekill, McClellan, Melees, 05. — borne, Parkin, Pewees, Ransom, Reid,. Schweigeri, Shep- hd, Smith, Starr. Stevenson, Taylor, Traeie Tyler, Vateghan, Waterhouse, Wedge, Wastfall. (50.) BE IT FURT1-IM RESOLVED, to the City of Hazel Pk evhich was incorporated as a Mey cdter the ;940 Federal census was taken, the percentage to be used in the a:Imre:or, GI encineys to the said City oi Hezel ParIt shell he datPnninpri thc. hrrgir, of the populcitica by a Specied Federal Census, if and where such census is taken, ceect n IT F.JRTHEFtRESOLVED, that in the case ei the City of Royal Oak which annexed certath territory ef the Township of Beyal Oak after the 1940 Federal census was taken, the moneys allocated to the City of Royal Cult ehell be increased hy u percentage to Be determined by the pepelatien of such emnexed territory bused on a Special Federal census, U and when, such census is taken, and BB 17 FIJRTHER FESOLVM, that the percentage al- located to the Ceeenty of Oakland, be decreased by the amount of the a:location to the City of Haze: Park when determinable and the increase to the City of Royal Oak as conlemp:ated ie the twarree ceding .preragraples when such if.er.sue, figures become official. Moved by Gibbs supperted by Lemb that the resolu- ton be adopted. Nays Andrevre, Asford, Beardsley, Bice:chard, Brea- del, Everett, Gale. Halsey, lanes, Shisamons, Waters, f12). CARRIn, Mr. Ewart brings up matter of Bathing Beach SuMy Ordinance. Moved :oy Ewcet supported by Schweigert that the Bathing Becieh Safety Ordthance be referred to the Ways and lvIoar.s Committee. CAREFD. Moved by r an supported by Ewcat that the Flower Committee be instrutited to read flowers to the fiazeral Charles Johnson, former dug warden, CARRIED. By Mr. Hudson: (Miee. I523) At a meeting of the Board of Supervisors of Oakland County, Michigan, held in the courthouse nr, eutd county on the 21st day of April, 1942, al 10:00 o'clock A-M., which meeting wee a part oi the regelar April Session ef said Board of Supervisors, the following reeeluttee was offered by Hu-N trm ernri nAr-nnded by Weterhousee BE I': RESOLVED, that the Beard of Supervisors of the County of Oakland, Michigan, by ci majority vote of its rnembees elect, does hereby authorize cad direct that there be estele'eeleert rortatr!'mpri and operated, under the provisions of Act No. 342 at the Pubic Acts of 1939, es Supervisor's journal 018—Page 6 amended, and any other applicable acts, a system or systems cf sewer and sewage disposal improvements arei sernces for the purpose of diepasing of the sewage kora the Cities of Royal Oak, Ferr.dale, Pleasant Ridge, litentiegton Woods, Berkley, Hazel P=k and Clawson, the Village of Oak Park, the Township of Royal Oak.' the easterly one (le mile el the Toweehip of Southfield, and that part of Township lying withita the Royal flak lerein Dietriet, all of which are poetical euhdivisions in iaidcourey. BE 17 FLIRTHat RESOLVED, that the County _Drain Commissioner be and he is hereby designated as the agency of the county in connection with the estabilsh- meet maintencrnc-e ered operation ei eeeie sysw-ai or sys- lemS of sewer and sewage dispeecl improvements ezei services, and as the person who shell have supervision arid coreeel of the nice-lege:neat and operation of thit same.. BE IT FURTHER RESOLVED, that the County Drain Cernentesioner shall have such powers and duties in respect te_idestif=aseciasclaNestee. or systems as are conferred upon him by law and especially by the pro- vizier.s of said Act No. 342 of the Public Acts of I93g, as amended, erevirhed thrri 1-E+ S'101 liCve no crutherity to create any liability of any kind irpor. the County of Oak land uziesr rrilihrrizad by this axed of euperetsere, ADOPTED. Yeas: Andrevre. locked. Beaelsley, Blare chard, Borg. nrcriri nriar.rtfil 0.1rAr. cue:m=310e, Dean no:r.re-mt Pekin= Fvereti, Dtvce-t, Felt, Fisher, Gcr.l.e, Gardner, Gibbs, Glennn, Graves, Haack, Hull, Halsey, Hellmcm, Holland, Hudson, Huraiston, Jones, Kay., Kir.g., Laing, Lambs, 1...awson., Levinson, Lilly, Leiteerson, Mae, McCaskill, IvIeCleilon, McRae, Osborne, Parkin, Powers, Zermsene, Reid, Schweigert, Shepherd, Shill/mons, Smith, eeeleeeeteee II • • 14 //..f3'1 ( ORDINANCE NO. 13 AN ORDiNfiNCE TO i:ROViDE FCR ACQU:RING l-,ND OPER ATNC; A SYSTEM OF SEWER AND WAGE DISPC,SAI.. IMPROVEMENTS AND SERV- :CES RETWEEN CERTAIN POLITICAL SEDIVI- S;ONS OF, PAF,TS THEREOF IN THE SOUTHEAST- ERN SECTION OF THE COUNTY OF OAKLAND, STATE OF MICHIGAN: TO PROVIDE FOR THE ISSUANCE AND SALE OF SEL1.L1QUIDATING REVENUE BONDS 70 DEFRAY A POT--,11.0N OF THE COST THEREOF; TO PROVIDE FOR THE RETIRE- MENT OF SUCH BONDS FROM THE REVENUES OF SAD SYSTEM OF SEWER AND SEWAGE DISPOS- AL IMPROVEMENTS AND SERVICES; AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID SYSTEiv: AND SAID BONDS, WHEREAS, the politica: subdivislons he southeast- ern r)oraon oi the County of Oakland, pursuant to per- granted under tne provisions of Act No. 315 of ..he Michigan P.tbhc Acis of. 1923, cs amended, (same- tttTies herein re:erred to as. the "Drain Act"), have for many years emptied their sewage In the following c.h-oiri. constructed by the County Drain Commissioner rportirig to act under the provisions of said act, towit: the Foya", Cr!"tc Dr-n t C...ey-nrther Road and Red Run 17hr:raven:en: Drain. the LCW5711 Drain. the East Clawson Stc,rn-, Sewer Drain, Inc Royal Oak No. 3 Storm Sewer Drain, I:11E Royal Oak No. 7 5•0r2 -74 SuWOr DrCrin, the S'Aith- f...:,;d No. 2 Storm Sewer Drain, the Royal Oak No 9 Drc:n. the Southfield Na. 6 S torm Sewer Drain, arid ihe c..ilcherer Drain. but by art amendment to Section 5 e1 Char.:ter XVII of said act. adopted in the year 1941. the said po;;tical sebdivisions wt11 be prohibited after January 1945 from discharging into any such drain, sewage o.p..aiole of pollunng the waters receiving the flow from such drams or copob:e of being injurious to aria WHEREAS, the sewarlo into said oirorms bY thy csvera: subdivisions is linci:y erniaced the C mribel1 Road and Rod 'Run ImproNremen: Drain or near tne intersect:on Campbo:1 Rcah and the Twe,ve 14:le Road, whence Lows through the open di:on soctih.r. of nuid drain into :he Clinton RIver: ai WHEREAS, Mt order to satislY the Present requtremervz c.: the State Comr.itssioner of `:-,"ecith,. the Stream Control Comrrtiszion and sto..utos of tho it is r..r.,c,,hriry fexrept aurir.g and immodicitey io;:cwmg a stornQ that sewage be inealed berore it is emptied into any open ditch on any of the streams oi the state; and WHEREAS, it appears that the most feasible method oI treating said sewage i5 to diver; the same before it Pomees 'into open •-,ch sea :ion o.`. the Crunpaell Roc12 and R.zdikm Improvemen. Drain, into and through a r.ew intercept'.r.g sewer to be constr..:cted from the Twelve lvao Rood near Campbea Road, to the ly at Ds.ro:it Scvon Mile Ruud Sewer ot am near Ar.Oover Avenue, ',with branch to Ihe 'John R. Road Sewer) arid 11-..en ti;a Seven vjhe Rand and Connors Creek sewers of the City of Dr74r0;1 backwater 7,rates soul; al '.,..tierson Aveous, from where said sewage will flow into and through the jefierson Avenue intercepting sewer to Inc :rear-nem plant oi the City of D.eiroil for treatment and final clisposci‘.; and WHEREAS, Act No. 342 of the Michicjczn Public Acts of 1939, as amended, authorizes a county to establish a system of sewer and sewage disposal improvements arid services between its political subdivisions; and WHEREAS. the Board of Supervisors of the County of Cak:and pursuant to the provisions of the aforementioned act hoc heretofore dotormined to estabhsh a system of sewes and sewage disposal trnprovernen:s and servces between the polit:cal subdivisions, hereinafter enumerat. ed and has aesignoneci the County Drain Commissioner as tho a;enay of ;he county in rospcoi thcre:o; and WHEREAS, the County Drain Commissioner has caused to be prepared maps, plans. 7,:esigrx cottons of sotd improvement and an esti:note the c-rst trier cil. .1.nd Iron :Jectoticarx: fa: a (=trt.1= wiit, the City of Detroit thrJuct. its CorriniSsioner of Public Worn for the right to construct and maintain a sower in Andover Avcriue from the Eight Mile to the Seven lvfile Pondand to connect the some with the Seven Mile Rood sewer of that city, and also for the right to flow sewage through the C:ty's Seven Mile Road sewer from the said point of connemen to the Connors Creek sewer and thence through the Conners Creek sewer to the backwater gates south of Jefferson Avenue; and has also neaoliated for ci contract with the City of Detroit through its Board of Water Commissioners for the final disposa: of said sew- age after has reached said backwater gates: THEREFORE. THE COUNTY OF OAKLAND, MiCH1- CAN, ORDAINS: I. The Board of Supervisors of Inc County of Ockland, Mic.higart_ confirming action heretaf;re taken by roac:;,:lic.,T., hereby determines to establish a sys- tr:m uf ncwcrr OnO mwc1,110 CliflpOi;a1 ini,-Jrovorr,onto ;;;;;Li SO:vice:5 bolWeen the i01.0w:rig political subdivisions in ocnd county, or designated parts thereof, to-wit: The Dines of Royal Oak, Ferndale. Pleasant Ridge, Huntington Woods, Berkey. Hazel Park and Claw- son, the Village of Oak Park: the Township of Royal 1 Is _ . • Oak ouis;cle of the VI:lag. of Oak Park: Sactions 12, i3, 24, 25 and 36 o. the Township of and Inc west one.half of Seclion 29, that part al Sec- :Pima 33 and 31 lying criltsido ttio City of Birrnisicjleorn, ri:t of iTio,rtions 32, 33 and 34 and the west one half wcst one-half of Section 35 of the 'Township of Troy: territory Is sometimes referred to as the caoterp. Cekiand County Sewage Disposul Distrran, on& parpcse le acquire, purchose construct, own, andfor operate, sewers and sewage intercep- tors, together with purni.-,Ing siation, meters and other cro- 7r:enances, for the disposal of sewage: arid to contract f~te City of Detroit for the uso of its sewers cr id 3pw, age disposal plants. Sootier, 2. The Board of Supervisors of Oakland Coun- ty hereby confirms the c:etermination heretofore mode by resolut1or, thcit the County Drain Cormniss:oner of Oak. iand County he the agency of the county in respect to the acoLlrement and operation of said system of sewer and sewage dispeval Improvements and services, with suet', powe-s d-cttetz 1.11;i011 him by Arl N. 342 of the Michigan Public Arts of l33, cm ctrrended, and by any other appLicabis acts, Seclan 3. For the purpose of establishing said system of sewer and sewage disposal improvements and sexy- ;tes, the County Drain Oain.rnisslaner as the agency of the Ca'ounty of Ca rid. AI Cons;ruct and/or ethei-wi:a acquire an inicrcopt, mg sewer ex',encting from the Twelve Mile Road at or near Carripl,-,ell Rood south L4 the Seven Mile Road sewer in the City of Dc,roil at or near Andover Avenue, with branch to the Join- R. Road Sewer, together with pumping stot1an and eqi.:Ipment therefor, meters, connections, reg. u:ctors, and other necessary appurtenances, all substan- tially as shown on the maps, pans, designs and specifi- cations prepared by Hu:obeli, Roth and garlc, registered przfessicnci engineers in tne State of Michigan. hereto- fore fi:ed with and approved by the Beard of Supervisors Df Cak:and County; 12) Coritruc with the City of Detroit lc:: th riibt cA construct and maintain In Andover Avenue, a sewer ex- tenritng ircr.1 io Sign: Mi}e Rood to the City's Soven Ivf1tc. sawer and to connect the some with said latter Eewer, and 1c flow sewage from said Southeastern CG't: :a176 C.:aunty Sewage Disposal District throUgh the City's f.lc.von Mile Rood sower from Andover Avonuo io'he Corners Creek sewer and thence through the Connors Creek sewer to the lac.okwater gates south of le:Jerson Avenae. winch c0n1raut before becoming effective sha;: be approved by the Board of Supervisors of Oakland County; (C) Contract with the City of Detroit through 1;.; Board 1,hrter Commissioners for the final disposal ol tro sewace from said Southeosiern Ooiz:and County 5c+va.-27 (liter the col -_vm ci said sewage ot the uohwotor eates south of 'Jefferson Avenue in the Con- nors Creek sewer, which contract before becoming effec- t:vo approved by the Bocircf at Superv,sors of C7n1 The pliysical Impravorner;is mentioned in sub-para- graT:h P. acx:rvo arid tie 1-ghla and serv,:es to be secured by the crititicisinennoned in sub-paragraphs B and C above, shall he deemed to .be the system of sewer arid sewage disposal irrIprOVO.'neWs oild services prOvided for iv. ordinance, cod are herenc,:tisr so:names referred to vs Disposal Syslern," The cost of acquir- ing the ptiysicat improvements mentioned in sulii ,paro- graph A above and the initial cost of $337,883,60 of ac- quiring certain 1-111-01., including the right of flowage iir2ugh Deirott sewers, mentioned in sub-paragraph °hove, shall be deemed to be capitol costs of said Sew- age Disposal Sys.em Laid shall be raised as hereinafter provrioci. The cost of onnutal sewage disposal to be paid under the contract mentioned in sub-paragraph C above, Ii is :c be paid periodically in accordance with the amount at sewage disposed of. shall be deemed to be a part of the operating cesis of said Sewage Disposal System. Section 4. The estimate hereto1ere prepared by Hub . hoth and Clark, registered engineers in the Sate o f Michivirt, and filed with the Boorcl of Supervisors of Oak:iand County, of the ce.sl of constructing the physical ,rriprovements specified in said sub-pcitagraph A and o; purc.h=mg the flowage and other rights specified in said sub-parogiaph B, in the total sum of $1,567,3.03, is hereby approved and adapted, Section 5. That the period of usefulness of the said Sewage Di.spascii System is hereby esilrnated to be th irty (30; years und upwards. Seallon 5. The ccipitai cost of said Sewage Disposa. System shall be paid in part by a crrant here10fore made by tits Federal Government .n the sum of sis hundred sixty-two thousand dollars 3662,30C.C3?, and the remain- der nine hundred five th-misand dol;ars $905,C0.00) chall 'r.ro financed by the County of Oakland through the issuance of self-liquidating revvrrae bonds as hereinafter provided. The 37.053.60 cast of acquiring Lowage righ.s through the Detroit sewers shall be paid from said groTit rho, inrat Government. Section. 7. Farr the purpose of providing he portion of the cast of said Sewaie Disposal Sysierr.1 to be iinanced by the County, there is hereby authorised to be Ist.teci and sod pursuant to the prov:s.ons of Act Na. 94 of the • ' — IL 77: •Lif 411117,4o--- • - Act; of ;933, as omeneed, se:1-;.ceeiciat- •ne revenue bends in the aggregate principal sum of c.e!-f iit..nciera Five Thounand Dollars ($905,30C.00), said ;ends to he cdeted C5 of January 1943, to be numbered ..crieccuttvely frern one (l) to nine hundred five (9051, het inc:estve, in the direct order of their maturities, to he in the denem'eattch of $1,000 each. to bear interez,i • u tUlc, 'Ur rijii, to 17,", hereefier determined nwl C.744-15oci- In; three per centum (.3%) per cr.nern. payo.ble semi. art.-et:111y on the first days of January and July of each 'jeer, and to mature as follows: $20,000 en the first day di January cf each year from 1948 to 1852, beth ▪ 225,303 on the first day of January of each year from 19,53 te 1957, both inclusive: $30,003 on the first day of January of each year from :958 to :959., both inclusive; 535,000 an the first day of :artuary at each year from 1900 te 1952. both inclusive, $40,300 on the firs! day of January ci each year from 1963 to :964, both inclusNw $45,133C on the first day of .7arteery of each year from 1555 to 1967, buth inclesive; and $50,030 on the f;rol day of January of eueh year from 196.1:1 te 1973, both inzlesive; provided, hey ever, that the bonds of this issue shall be subiect to re,eemptten at the option of the county on any one or more interest payment dates on and after January 1, :947, al the par value thereof., and acm-ued interest, together with a premium of three per centerri (3%) of such par value plus one-eighth (1/2'; of one per centurn (.1%) for each year or fractien thereat intervening between the dote of redemption and the respective maturity dates of the bonds called for redemption, but m no event shall the tote] premium or any bard exceed five per centurn 5%) of es par value. Ii :ess than all of the euintandine bend; she:: be cai:ed for redemption on any one interest pay- ;eent de*, then such redemption shall be in inverse nu- merical order. Notice of redemption shall be green to the h::ders el any bonds to be redeemed by publicatien of such notice not iess than thirty (30) days or to eno date of redemptien, ot ieast once in a newspaper or pub:17e- eon circulated in the City of Detroit. Michigan, which curries as a pee of its regular service, notices of the 5.7i .;•P! of MUlliC;;;C:1 'rionds. Bone's so called for redemption shall runt bear ieterest alter the redemption date provided fend:: are on hone with the paying agent to redeem the same. The peectpa; of said bonds and the interest thereon, shu:: be payable in lawful money of the Unite:: States e! Ameriee ete.ee Detree Treet Company in the City 01 Detro.:, -rwporn a..3 they severally mc. tars. Said 1::erds may be registeren Os to Terirefipui eels/ in accordance with the terms thereof which are herein- after sct to:::; in no bend Section 8. Tee Chairman of the, Board of Superet:crs ci said County cgf OaklaaaeaneLthe_Cauniy Drain Corn- missicner of said county are hereby oethorized ant directed to sign and the Ccenty Clerk of said county is hereby authorized ale, direeted 1c counvisign. said bond: far and on behalf of said county, and to affix the sea: of scz:c1 county thereto and to execute the interest ceeperir, to be etteelied In sad none.: by c:ecirer to he affixed thereto their facsimile signatures. Upon the execu- tion of zeic: 'awl-de-and attached coupons, the some shall be deilvereci to the Treasurer of 40cid County of Oakland velln le horoj..,y uutliarirqcJ ere rn In deliver said bends and attached coupons to the purchaser thereof upon receipt of the purchase prize therefor. Section 9. The said bonds shall riot be a general obligation or indebtedness of the County of Oakland but hull be payable solely from the revenues derived from the operation of said Sewage Disposal System, and to secure such payment there is hereby created a first lien ueon the whole of the revenues of such Sewage Disposal System, subject only to the prier payment of adminis- trative. operating and necessary maintenance expenses. ouch :ion to continuo yetil the payment in lull of the erincipul and interest of said bonds. The term "Sewage Disposal System" us used in this and other sections of this ordinance shall be deemed to inceide net only that acquired pursuant to the terms of this ordinance, for the disposal of sewage from said Southeastern Oakland County Sewage Disposal District, but eilau opeurtenueees rd corlancnr,; 'Iners.in rind '7-prove:tents thereof, unless the context otherwise indicates. Section 10. The bond; herein authcrizea shall be sold in the manner provided in sect:or, 12 of Act No. 94 of the Public Acts of 1933, us amended. All of said bands need nei be ee:ri ei the same iirne. The proceeds of the sale r.,f bonds herein authorized to he issueci shall be depos- ited in a special account in the National Bank of Deceit or the Manufacturer's National Bank of Detroit. in the Ci.y of Detroit, Michigan, (members cf the recierai Re ;ore System), which deposit shell be secured to the satisfaction of the Board of Supervisors of Oakland .our, Section Ii. The holder or holders of said bonds or ecereons representing in the aggregate not less than twenty per cent (20%) of the entire issue then clustered- :rig may, either at low or in. equity. by suit, action. man- damus or ether proceeding:, protect and enforce the statutory lien upon the revenues of said Sewage Disposal System arid enforce and compel performance of all ;frt.,- el the ''If' :!'!t! j ci sutheterit rates, the collection of revenues, and the peeper segregation of the revenues cl said Sewage 7.,'"J:ZU; System and the proper applieelien therect, pre. • h' ''r . tiore oui ziatu.ory :tee upon seet revenues s-hull not be construed to give any heider or owner of any bond or coupon authority a cornne: tee cute of said Sewage Disposal System or any part thereof. Section 12. If there be any default in the payment of • 17 /(= r^1 ;he prir ,e.e.cf! ef intercei Leen any el c.J b971, eeer; novetg jeeeciiceon • in cry proper action may ceeceet a receiver to admireeier ere'. oporae cr0 Deepcea. Syreem en beheif of eaid Covety urieler deeztien of soid court, and by and with the approve, el =aid ecuri, to fix and charge roe-5 ar.d eoi:oet revenue eeeficient lc erovide tar the payeiree of slaty beip'e eeeeer oheeeriene autstancling agaiest send ;Koweeen reezel Systerr., aid for the payment of the expeneas of ereereeee end :e.air,tainieg the sarne, Crgi to apply the •neeras arid reveh.ues of 51311:1 system ill conformity well ze,a Act No. 94 of the Public Acts of 1933, as arr.eecied, and, Ih',3 oedeiance, and in accerdcnce with such cydere Lie the couri shall make. F..eztion 13. The ho:cler or holders of any of the bevies or ieterk eceeeces herein cute:seized to be issued e-ha:1 hevo ell the eehts and remedies seven by :2e , arid Par- nee;er.iy by cold Ad l No. g$ of the Public Acts ef cs emeneeci, for the cons:teen oed enforcement of eoid bende ced coupons and the secerity theeefor. Seetion 14. Said Sewage Disposal System shell be eeeeeted upon the basis of a fiscal year, beginning jeeedry fret of each year. Section :5. The charges for sewage disposal servicee rendered to each poliitcai sebdivision snail be or. tee .e.e.sis of the aggregate guaranty of water consumed se,„ch peW.t.easi subdivision OT pan thereof located in eche Southeastern Oakland County Sewage Disposal Dietrict, as indicated by the master meter or meters zo lcoated as lc measure the total arereunt of water pumped into tee woter mcens of such political subdierisien, pro- vided that in computing the amount of eewnge disposal charge to each such political subdivision, there shati rig dedevee or added to the water cor_sempeon as incixereed by such master meter or meters, zech amount as shall be ccidcd or deducted by 1-2,c City of Detroit in eetmeeline charges for sewage diepesal services to the County of Ocrk:and in7dor uscortuact rforrer..1 to in serbeerreereple C of Seeeen 3 of ins ordinance. The rate for sewage dicposel furreshed by the county to eeeh. poli- cat T.3.0t1 ;3'1.ul: be fifty-five cores Ce5c) per ono teoeeend C,CSU. cubic feet of weer consurnec within ris;uIir,,y rut r4:;1. SUCh other suific.ent raze a3 shah be fixed accord- once with the terms hereof and the statutes of the eteee. :r. cuees where the character of sewage frorn any mono- feeler:re or eirent, bine -Lee ee pre:me:lei ;etch thee it trapeeee en enreescriatole eeceitional buroen upon he Sewego Dispesai System over and above that ire- ecsed by the average sewage entering eoici system, leen Onedateunai eherge sheet he mace over arid cireeve rete reeulef rnIES; or it may be required, that such sewage be ..tea,ed by the person, firm or corporotion respoesible theretr, bolero being emptied ;1113 any publio drain or sewer; or tne right to 50 erne:y such liewc.ga may he i;:e..e,e.! if noeceeet'y for the proteeeen of the Soweee sy:i%,,-r+ or the puelie hee:th or safety. Seetion 15. The fereeeing rates ore estimated to 173 ;,,if,Ig;u:,; to pf OV(.;.0 fur he pay:ere:it of the oxpeneres eeleenieseitice erei epee:leen and cucii ext4wpos far iho neereeeance ol set:: Sewage Disposal System as arc- to p.ceerve same in good. repair aed womb' lag oi-dur. to provide for the payment o: the interest 'open teed the prir;•L'ipa: 0f, the bonds hete.n eft:al.:need - to be ,reeed t:E and when the some beceree cue and payeble, re.7a bond and mterest redemption fund therefor. build up a Ict:Z07 ,./.2 ler the depreeielien, of the sye:em, and to bulid ue. a reserve 'for improvements, bettern-,eres exiene:ene to the system other than those reeessace lo maintain the sumo in goad repair cad worker.g order, ciii as hereinafter in this C24inarle provicied. Such retes short be fixer!, and revised from time le lune 5.7 a6 to produce ilio areoure necessary for the (cregoing, ced it is hereby cot-teem:treed an agreed, a: all times while any of said bands shell be outstanding to muinta4frik seeh roes for services furnished by .5 ...Leh Sewage Dis. eceal System as shall be suff,,cie.rit to -i.aoldoe for the foregoing. Section 17. No free sewage disposal sereecee shall be furnished by the county to any person., firm or corpora. lion, public or elevate. B124 for sewage disposal zee/Ices shall be rendered quarterly or oftener as shall be deter- mined by the Ce,urity Drain Co—'-eioner. Au bt'es shall be payab:e at the office of the County Drain Cone misztoner. in the CI el Ponticic, Michigan, end seoll be siireect to an additional charge of five per cent (5%) of the amount of the bill if the same is not paid on or before the due date shown thereon which shef.i be not less than !warily (.20) days after the same is deeesitea in the 1.::eited Siete:. Peet reeeriteo in the City of Poetiec, MIchigcn, ad- dressed lo the subdivision against which the chnrge shell be made. A:: de:metre:re .t.iie'tancee et. more thuri one year's eiand.ng shall be subject to an adde nandi charge of nix pm. cellt (l )?4,) per (fiii:LIDI I iii peed. The Gamey renel: have the right and authority to shut off sewage dieposat services and to uL fly the nee eeve ere eh:ire-ten lieee to Grry po,;f:Cul subdivision in said dielriet winch shell be delinguere for a period of ninety M) days in the poyment of charges c72:1.1e lo the county white such t'.61aquer:cy :on• Lrio,..s. The fl,rc,-)vialq eeromeliseed by blocking cif the draine and sewers disehareleg sewage which wr:: ultimately flew into the said inteeceeting sewer to be constructed by he couiey. or by any other s4d meens. The county thou] hove the rieh: to exercise any remedy or remedies provided by iierw for the unfercemeni of the payment of any amounts due it from any sub- • ege • 7 • eiv.ziee in said diztrice and the exercise of any such :ereetcy or remedes shad rtot prevent the county from el.:eel-el off, az olereeced, sewage aispesal services to et.:& eel:re:lucre pelitical zubdivinion. 2...neon :8. Each political subdivision within said F.iouineastern Oakland County Sewage Disposal District iurnish aed maintain meters and mecouring devices ler the purpose of keeping an accurate recerci of the weter consumption within such politicel subdivision in ze fe: as such record Is required in c.etermining the amount of the charges to be made for sewage disposal by the City of Detroit to the County of Caklend Or by he :attar to such political subdivision, and the County Drain Core -"ssioner and the Board of Water Ccrnmis- sionere of the City of Detroit shall have the right at all ernes to inspect and check any eee'-' teeter r'nri ;rig day.e.e utilized unaer this crdinance and also the recores pertaining to the water and sewer systems in etiele political subdivision and if said water meters cd- measur.ng cevices are found to he thee-cu.:ate, then such poliiioi subdivisien shah irnmedietely replace or repair he same, Section 19. The gross revenues of said Sewage Die - pasta. System are hereby p1edgei1 rind raRt aside in separate and special funds, as follawsi CO OPERATION AND MAINTENANCE FUND. Out of the gross revenues there shall be fleet set aside menthly a sum sufficient to provide for the payment of the reasonable and necessary current moe'l-ly experinee of the adrnimeeutteii Leid upecutiui. of sold Sewage Die - pose: System and such expenses for mciintenemee as _Trey tee necessary ta preserve said system in good repair and working order. The fund shah be designated "Operative. and Maintenance Fund," i2) BOND AND INTERT3T—FfElDEFIFTION FUND.. Out of the rem. airline gross revenues of the said Sew , ege Dtseezet: Syisierr, there shell be next set aside ieentilly into a fund which shah be des,gneeed "Bond Or:6 Irecreet P.cdete-e-eion Funci", a sum sdriciont to pro- vide for the payment of the principal of and inteiest Leer, the outstertaing bonds herein authorized to he iseued, as and when the same become due and pay- eble. Preeeded the. the amount so set ceicie each month snail not be lees than oneewellin (1/12) of the total at prieelpul receerine during the next twelve months c..-nd One-sixth (V6) of the total orneent 01 treerest maturing during Inc next six (6) months. II, in ,,ny reentie he mvc.i:uo:i d thc eystorn shall not .•77 .J•Ji n CrIt to permit the setting aside of the foregoing ameents, then any such deficit shall be paid from the first evailable revenues cl the next succeeding month or menths. There shall also he set aside in said Band Is end :Merest Fiedemptice Fured for a reserve to tree! "jr ,Y posseeee deficiencies in said fund, the followieg amounts: In the celoecie; yeers, 1964, 1945 end 1045 the sum of 5.715.C30 and 4-20,030, respecte.tely, and thereafter in each calendar year an amount equal to the difference between $52.300 and the amount of principal and interest matertrieon "italy first of such year and January first of the fellowine yerer, until the amount of said reserve shah eceuel one ond pee-half (11/2) limes the icirgost ornoun, principal and interest maturing in any year thereafter. In the event that ;he revenues of any fiscal year, after the payment of the expenses of adminiatreeieen—opelatien and necessary mcintencinue as above provided, shall be inseffic.enf to pay the interest maturing on July first of such year and the principal and interest muttering on :teruary first of the following year. then any deficit shall be paid from said reserve and the amount so paid from said reserve Sha:I be replaced from the first available revenuo of thc following year or yes= after the setting aside of the amount required to be paid into the opera- tion and maintenance fund and the amount otherwise required to he paid into the Bond and Interest Redernpe eon Fend. (3) DEFRELaAllteet t LUND. Out of the remain:1N -gressenevenues there shell be next set aside at tia_eenel,feeehJeseal yea:, a sum zuf- ficient to bui:d up a reserve for ,depreciation of the System. This fund sho:1 be designated -Deprectatien Fund," 14) CONTINGENT FUND. Out uf the remeinine arose revenues there eleall be next set 03:de at the end of each fiscal year a sum sufficient to build up a .reserve for improvements, betterments and eetensicns to said system other than those necessary to inatieuln the same in good repair and working order as hereinbefore provided for. This lurid shah be Lesigne.e..1 "Contingent Fund.- (5) SURPLUS FUND. Any surplus revenues thereafter remaining at the elese of any fiscal year shall be disposed of as follows: lot) Such eu.-plue 'shall be used filet for the mainte- nance of a reserve in the Operation and Maintenance Fend which shah he in such reasonable sun- as the County Drain Commissioner shall deem advisable but ree lees than twenty-five per coat {25%) of the eneuel charges to the county for sewage disposal by the City of Detroit. l2nd) If after the foregoing prevlsiun has been 5.72tS- ery leek...nee remains, and if the reserve in BD:;(1 and Intel-ere Fitetieleipt.on Fund :s less man the require- ments far the payment of principal and interest payable from said fund and maturing within the next eighteen ;18) months from the next interest payment do.e. then 11190 . : shall be set ascie M said fund for said reserve orrourii of any skich deficiency. fliefillon 20. The Community Nationai Bonk of Pcntrac, a bank duly qualified and doing business in the 5:atc of igCa, is hereby designated as the custodien of Le gross revenues of said Sew-age Disposal System. Said bank shah signify its acceptance of such custodian- ship in wrfting to the Board of Supervisors, County DTC7) Commissioner and 'aunty Treasurer. All funds from time to time derived from the operation of said Sewage Disposal System shall be deposited with sold bank one shall be set apart by said bank into the sevora: funds hereinbefore mentioned as designated in writing by the county. -.c.7h and nil of said d.risignated funds from limo .0 lime held by such bank shall be impressed with a n,71s: for the benefit of 'the person or persons enit;ed thereto. Thu revenues of said Sewage Dispcsa) System shall be disbursed by the County Treasurer upon au- thorization of the County Drain Commissioner and the , opprovol of the Board of County Auditors. Section 21. The County of Oakland hereby covenants cod agrees with the holder or holders of the bonds f.ielein proposed to be issued that puncitially per- form all duties with reference to said Sewage Disposal Syticm required by the constitution and laws of Mo Stet-, of Michigan arid by this ordinance; that it wit: construct the Improvement herein provided for in sub- stantial accord with the plans, maps, designs and speci- fications herein'oefore roferred to. and will have the same in operation on or before the first day of ;dnuary, '144; cod that it will not so11, ieosc, martgas'e or Jr. any manner Liispose of said Sewage Disposal Sy=t1(:,,m all bonds authorized by this ordinance shall have been Tx.-id i.n lull or unless ond until provision shah have been mode for the payment of said bonds in full. The said County further covenants and agrees with Me holtlers of said bonds that it will maintain said, Sewage Disposal System in good condition and operate the same in an mcnnor and at u ;r...<1:.*ZIULI;C; coot SO icdic.i (11; uhy of soid bands are outstanding; that it will maintain such insurance on said system for the benefit of the holders of sold bonds us would. usually be can-led by private oompuriies engaged it. a similar type of buzinc:,:.., arid thrit be contracts existing at the lime of the issuance and c'elivery of said bonds, between the county and the various po.nicel subciivisionz, rotative to the uoc of rtici Sewage Disposal System between the county ur,d the City of Detroit for flowage rights and for sewage dispc.sul, shall be eonsidered a port of 1.1.-.f? bend cart- tract, and that while any of said b'XIC,S are outsionding, .trio county NILuli not consent to any cancellation or moo , ficatoo Ihereol which wouici adversely aiiect the said bonds. Six ton 22. While any of the bonds herein authorised shah be outstanding, no additional bonds payable from the revonnos of said system, shall be issued which shall have a prior or equal standing with the bonds herein autinciizod t) be issued. SecCion 23. The bonds nnei e=lirr+.14d on':pcns. gll nInot- sed in this ordinance shall be in substantially the fol- • form, to-wit: UNITZD STATES OF AMER:CA STATE OF MICHIGAN COUNTY OF OAKLAND No, COCO SCATHEASTLIN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM REVENUE BOND vrow ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan. hereby acknowledges liself indebted and for value received promises to pay to the bearer hereof, or if this bond be registered, then to the registered holder hereof, Me sum of ONE THOUSAND DOLLARS on 1)1r.! firt day of January: A.D. 19—, and to pay inter- est thereon el the rat,- of , ( ) per certurn per annum from the date hereof until paid. said ii,torest being payable sami.onnuolly on the first days of January and July of each year, upon presenta- tion and surrender of the coupons hereto attached as they severally mature; prov:ded that said principol ond in,erest shall be payable solely out of the revenues of the Southeastern Oakland County Sewage Disposal System. Both principal and interest hereof are payable in lawful money of the Untied States of .Annerloa at in the City Cl Detroit, Michigan. This bond Is one of o series of bonds numborad from au. (I) to nine hundred live (93S), both inciusive, of like cla:e and terror except as to the date of maturity (and interest rate), aggregating the principal sum of Nine Hundred Five Thousand Dollars f$935,K0.30t. issued ;;Lrzuani to and ir, full conformity with the con- stitution and statutes of the State of Michigan and the ordinances of said County, and especially Act. No. 94 of the 14LchiquIL r'ulolic Acts of 1933. as amended, and Ordinance No, duly adopted by the Board of Supervisors of said County of Oakland on the 13th dcry of Novs-imber, ;942, for the purpose of providing Iundr, fa; If afor the iore.going provisions have been 33il$- (iel: cry balance remains then such balance Shall be T.-tarod in the )11rind and fn.:crest Redemptior, Fund to he , call bonds for redemption. 19 /4(// 20 fr_tr the payment of a part of the capita, uost of acquiring a sewage dispcsa: system for the Sen;i1-...,cwi.= arikle-mrt Ct---.ty Sewage Dispcsa: District as ciescrtbed in said ordtr.ance. This bond is a self-iiquidating revenue bond, and the r.rint:ipat of and 1:1:erest on this bond are exempted from any and a:1 state, county, city, incorporated village_ rnntcipc1 and other to-xenon whatsoever under :he taws of the State of Michigan. The bands of this series are sezured by a statutory first lien created by Act No. 94 of the Michigan Public Acts of 1.9.3",:r, as amended, and by !Laid ordinance, upon the whole ol the revenues at cr4SC u:1-.c.cgstvrn Oakland Coiinty Sewage DlOPQ-Wi Eystc..m cuthncjorys,u7.testyances and extensions :Lo:eto and improvemer,:s thereof, after the payment of the darnInistrative, operating and necessary maintenance expenses. Tris- bcnd is not a general obligation of said County and does not CDrIstitv,e an indebtedness of said County witntn ony stale constitutiona: provision or sk-..-Aitcry The County of Ooklanci hereby covenants arid agrees that at all times while any of the bonds of this issue shail be outstandmg, it wi1: maintain such rates for services furnshed by sold sewage disposal system as shall be 5U:ficient to provide for the payment of the expenses of adnuntstrat.tor, and opercit;on of the system and s7.;a:1 OX',;;-ises for the maztenunce thereof as may be neces- sary to preserve the in :n good repair and working otcer, to provide for the payrnent of the interest upon and ppti", of the bonds of this issue as and when She rme hprcrpp rho r--el crecre a bond and redemption fund therefor, to build up a reserve far !.:16, depreciation of the system, to build up C reSCIVe for improvements, betterments and extensuons to .the system other than those necessary to maintain the same in good repair and working order, which rates shall be 1:xed and Devised from time la time so CIS to produce the amount necessary for the foregoing. The County of Cak:ond reserves the righi to redeem he conds of :his series or. any ono or more interest paymem dotes on and after .7anuary 1, 1947, at the par value thereof and accrued interest, together w ith a premium on each 'zclid redeemed of three per centurn (2%) of :ts par value pi-us one-eighth WO of one per centurn fl%} for each yea.t7 7,7 fw-tior, therp.of i-te-vening between the date of redemption and the rrtaturiy da:e of such bond but in no event sta:1 the fatal premium an any bca:r exceed Lye per ceni .arn ;5%) al its par va lue, ft foss :":1Cn 01: 0t the out:standing bonds aha:I be called: for reaen1P!!.on on any ono iit4-..,re5t payment date, then etch rodempt,tori shall bo In inverso nuirter'.oal order. the event thus ond is so colied for redemption, notice thereof snot: be pt..iblished not less than thirty (30) days ortor to the redemption date at least once in a newspaper or pub:ica:or, circulated in the City of Det:oit, Michigan, which carries as a part of its regular gervice, notices of the sale of municipr.-. bonds. This bond if :triq.rod for redemption sho:l riot bear interest oiler the reciernotion date provided funds are on band with the paying agent to redeem the some. This bond may be registered as to principal on:y in the name at the .hu:der on the books uI the Boarid of CcuniY At:d;:ors of said County of Oakland, and such registration noted on Ins buck hereof by the Chairman or Vice-Cnairroan of said Board of County Aud.tors, and thereafter no transfer shall be valid unless made upon the books of the said Board of County Avdttors and kewise noted on the bock hereof. Translercbllityeby crolivmy may he restored by registration to the bearer. Of interest coupons shall not be effected by registration, ft is hereby certified. recited and declared that all acts, condi:tens and things required to exist happen cad be performed. precedent to and in the issuance of the bonds of q-nts series, existed, nave 'happened and have been performed in due time, form and manner as required by :ow, IN WiTNESS WHEREOF, the County of Oakland. Mich:gar., by its Board of Supervisors has caused this bond to he signed in its name by the Chairman at said Bo(ird 4.1n6 ty the County Drain Cor—iscioner of said County and to be countersigned by the County Clerk of said County, and has caused jt5 corporate seal to be aff.xed hereto, and has caused the annexed Interest coupons to 1-tr.e ey.oca.ited with the facsimile signatures ot said anairmon of the Board of Supervisors, County Drain Commissioner and County Clerk, all as of the first day of January„ A.D. 1943. COUNTY OF OAKLAND BY: Chairman of the Board of Supervisors BY: Cou.ntiy Drain Commissioner Countersigned: County Clerk lCOUPON) Number Or the first day of , i9 C:u.inty of Ouriurgi, Mich:Edon, will pay to the ',tearer hereof soley out of the revenues of the Southeastern Oakland County Sewage Disposal System. th ,e sum, :awhri money of the United Slates of America at the in the City of Detroit, Michigan, the same being the semi- • 1 "Ii-ECAP" City of Berkley City of Birmingham City of Bloorateld isni5 City of Clawson City of Yen:aisle City of Naze] Park City of litintiugton Woods City of Pleasant Ridge City of Politias city of Royal Oak Addison Township Bloomfield Township Commerce Townshtp Farmington 7-ow1Lsltip Ha ay Township Lyon TOWnship Nuvl. Townahip Royal Oak Township Swa.Ciek, Township Troy Township Oakland County Oaklanci County Road CornrasS30/1 Osliana County Acacja, Park Drain Campnell No- 2 Drain Docker Drain East clawson Drain Hazel Drain 7...rawatin Drain Royal Oak Drain Royal OaIt No. 3 Drain Southfield No, 6 Drain Wixom Drain. At Large At Large At Large At Large At Large At Large At Large At Large At Large At Late • ; 1,108,70 112.40 22245 939.39 15.00 2,258.55 24,214.52 477.21 47.70 312.80 ; 22.81)9.15 • 20.43 ; MK) 5 12,1134.28 6,287.27 824.60 5,238.88 3.862.42 3,329.52 3.026.20 4,114.70 128.56 6%885.85 502.25 2.234.36 Se.O.r 1,650.09 174.80 37.953.74 22.622.b0 4,607.44 29,802.15 58.20 51119.238 136 DRA;N COMMITTEE Frank. D. Ciark. Chairman H. W. Wedge Eoward I, Retd H. C. Hudson 2y Mr. C1c.7.k: 19e.Ti At c ntestinc: ci: the T-L.-i7.,ald • Nf.cbigdn, red in :he ou.irthr.n.ise 7.1 22th •:-..oy of October, A.D. 1942, to 10:33 o'cici:k :ez:LtS Shr:. ' Eo.ard ci St.;:oe,-visots. foLot,,,ths; Oakland Csunty Road Commission Sir Dra'...n At Large Sump Drain At Large • ' was olieled by C..a.fk and to:for:tied 5y Schweigert; BE iTRESOLVED that the resoLhon ndopted by the Board of Supervisors at Oakland Ccumy. M1oniaan on the 21st day of April, 1942, authorizing the directIng that there be establtshed, ranintainr-ti rThri ripP-r-i'ru-i qyzriem or systems of sewer o:-.d sewage' disposal improvements rand services for the parpose of disposing of sewage iron) certain po:i:ico'. 5bdiv1s;ons or parts therilof therein designated, be and the scone is hereby arnencied to read as follows, to-wit: "HZ RESC,'LVM, that the Board. of Supei-vieurs of the County at Otincland, Michigan, by a malorry vole of '11,',Y±11-5pt r ''ioeg hereby crathorize and direc: th,,;:t there be - and operated under the provisions of Act No. 342 of the Pi.itilto AC5 of 1939, as um.ended, and any other applicable acts, a system of sewer and sewage disposal .improvements and services for the wpose of dispos'..ng of sewcav& from the Cities of Royal Oak, Ferndale, Pleasant Ridge, Huntington Woods, Berkley, Hazel Pnrk and Clawson; the \I:nage of Oak Park, the Township of Royal Oak outside the Vthage of Oak Park: seo.ior.s 1, 12. 13, 24, 25 and 26 of the -7ownsh:p at Suthfieici, ana the West or.e-half of Sec.:ion 29: that port of Sectior.s 30 and :31 lying autstde the City of Brant.ngham, all ci Sectons 32, 33 and 34 and the West one-half of the West cne-ha:f of Section 25 of the 'Township of Troy, all of whIch tez- r.lory lies wiihri sa:d county, and ',Ls to be kr,cwri at "Southeastern Oakland C.v.:My Sowctge Disposal Dis- trict!. BE IT --1;F:17.-lER RESOLVE-U, that the C,...'aLinty Drain Commissioner be aid ho is hilmby designated us the • ager.cy of itle co-..inry In connection with tne establish- ma:ntertznce and operatiori of si:ch system of sewer and sewage d:sposai improvements arld serv and os the person who shah hove supeivislon and con.rol of the man;.werner.: and ,...9i-graiion of the samo. C. BE IT FLIRT-HER 7-",ESOLVED, that the Coarity Dra,n Commissioner 5.hr,i1 hay o such powt-rs and r.„tut.es tn .7erpC:7:: to the aforern. entione.d systvm as are conferred' ..ipch him. by iaw and especr.iilly ty the proVislons of said Act No. 242 of the Public. Act; of 1939. as athenc1- c, c ,njuno 1.:Act he e1mu have no at.ithorwy to araie any liability of any kind LiDar. the Couny of Ock!and oulhorizoe: by this Board of S..iperviscrs." hcoc by Caok st,pii.i.orted by Schweicen the resa- h;t:cn be adcoted. sL.,c,nor:cO by oft:irrna- .co-,1 cull beattocheci, • 61.-gg' • There being no obiection the motion was uruanimous:y products of this giant are basically essential to that et- fort; Ayes: Axford, Beardsley, Blanchard, Brendel, Clark, Ccryell, Cummings, Czmanske, Dean, aintrm Everett, L.-wart, Fe:t, Gale, Gardner, Gtbbs, Graves, Hocick, Halsey, Hillmcm, Holiand, Hudson, Jones, Mahar, Lawson, evtr,sort, Lone:sok Malarney, Moe, McCaskill. McRae, Osborne, Powers, nonsom, Reid, Schweigert, Shin:mons, Smith, Starr, Taylor, Tttoce, Tyier, Vaughan, Waters, Wedge, Wilkins, 48) NOW TEIREFUtiti. Litt LT LVEDi 1. That Earl L. Clark, Drain Commissioner of Oakland , County, lAtchiums, rrrel hora.hy is cnithorized to con- (ract with said Defense Plant Corporation, fcr disposal of the sewagp Ireti779. cmid p'rrrt p-p-ni..gac to and through the Roy c: Oak Storm Sewer Drainage Sys- tem: By Mr. Ctr.irkt 191%2) V4ril-f&--L----AS, Defense Pant Corporation fa corporation created by the Reconstruction Finance Corporation pur- suant to Sector. 5 d of the Reconstruction Finance Corpo- ration Rot j nsii a defense plant on Eight Mile Road, west at Hubbel Avenue, in the Vil- lase of Oak Parit, Oakland County, Michigan; =Id plant being now in possession of and operated by Vickers, Inc„ a Michigan Co7paration, pursuant to agreement of lease w,th Defense Frans Corpora-am; and WhaF...A.S. the operation ciidMaa-lifarivace of plant wt.:: require foollitieS for eetwage disposal, including both sanitary sewage and suorrnvoter; and WHEREAS. Defense Plant Cor‘poralion has requovicS the Oakland County Drain ComAltssioner for on...this:Ay to connect the sewage and drainag\la systern of scud plant to the existing Royal Oak Storm. Sey,\er Drcanuige and WHEREA7O, the City of Detroit has bekn consulted, and has agreed to en:arge the preserrhy c4templated con- tract m connection with the Southern aldanci :nter- ceptor Sewer now contemplated, if neoossy ; and WEE:PEAS, the urea, approximately eighty (80% acirn-t, wittsh will Pe sewerod oy the connection and cormoeM.g sewer between the Royal Oak Storm Sewer Drainage Syrunm tiend ptart: hqs not palci or borr.e any rx..rlinn a: the cos: ot soid drainage systorn bek.w the of ccr,nostion, said premises not being in any oi the exeii tr.; dmir.age districts,. anoi itsis of r...somt zit' the nualih problem, ext,stin. in Soulnerri ierritory, and ts aware of the fact that additionof sewage wt:1 aggravr-Ttn the pro;aiona, and WHEREAS. this BoaTa ts also aware of the necc-..cstiy -copero.ing tit the war effort uhd is actviscd 2. That Defense Plant Corporation be required to pay a tap fee of Five Thousand One Hundred and Fifty-Five Dollars ;$5,:5,5,911) as the equivalent of the cost to other taxpayers in t-110. Sni:thprn Orricinirci rirgir.pcje area on the basis of a comparable amount of land; 3. That Defen'se Plant Corporation bo required to pro- vide for the rellnquishment of title and itirisdiction over any trunks built to. connect to the present system, to the Oakland County Drain Commissioner, said re)ease to inc;tide easements, rights at way, etc, to enable the Drain amt-ittissioner to maintain said connecting trunk in the future; • 4. That Defense P1*.t Corporation. or its grantees, suc- cessors, assigns, or lessees, shall be required to pay for such sewago rne'l on the same 12c5:'4 us Othzr ISItrjj.Zir oisérst[Fe Or will be required to pay for sus.}: oervices. 5. That the agreenienf., shall be in form substantially as provided M the form of agreement hereto attached. 6, That the foregoing resdattor.s supersede the reso- lutions heretofore adopted by this Board o.n A.pri: 21, 1942, jr. rrd' t ran.fc-1-m I tha rIrnirri fnerg rrnri :he same as if these resolutions and so..4 new cig;oen-tent authorized by these resolu:ioris were heretofore in effect in lieu of said resolutions of April 21, 1942 and the agree. tr,ont c.f April 30, 2942 onterod intp pursuant thereto. ot agreement attached.; Mc,vt:‹1 1,y Clark sup fr...;:!.K1 by Hudson that the mosalu- cc adopted., Ayes: Axfard, Bearcis:oy, Blartshard, Brende:, Clark, Everett, ,...wurt, let, Ua..e. z3ordner, .G.Tavea, Haack, Halsey. than, Holianci, fiudson, Humiston. ;ones, Mahar, Lamb, Lawron, Levmscn, Lomersan, Mal.arney, Moe, Mo. Osborne, POWe:5, Ransom, Reid, Schwei- gen, Snimaions, Smtat, 1arr, Taylor, Trace, Tyler, VoL...gnan, Waiers, 'aedgc, Wt:kins. (=t8) (M c. 19E4) Nays: None r3). Woved by Levinson s-.",;ported by Beardsley that llv A7..-propriattcas report taken frarn the lanle. CAB. .Mcved by Taylor supported by Ewan that c $5C,CDS.01: bond be purchased for the County Treas ...irer, at a of '..5E55.00, could the Appropriations report be amended cozordingly. CAPEEr.!. VG:mg on the adoption oi tha apprapnutions report: Ayes: /3,.7..fcrtfi. Beardsley, Blanchard, Brehdei, Clar Car--s, Dear., Duncan, Ekmcn, Everett, Ewan, Felt, Gale, Gm-dner, Graves, Haack, Halsey, Hill- rnan, Holland, liud.scn, 1-:umiston, :ones, Mahar, Lamb, Levaloor., Lornerson, Malarr.ey, Moe, Ma. Gas McRae: Csbcrne. Powers, Ransom, Reid, Sol5we.- cleft, Shirr_ntor:.s., Smith, Starr, Taylor, Trace, Tyler, .War.erS, Vtrede, Wilkins. (413) 1\•.LayS. Ncrie TC, THE HONORABLE BOARD—05F-SUP=SOBZ Cak:and Ccs.taty, Mfahigazt Gentlemen: Repot of AppropriertionS Cosaamittesa: At a meet:ng. of the Apr,ropriattorts (om:nee heft Septe7o.:-.,e.r 24. 1542, we naade the foowing recommend...a- tins- for 1943: Recommended :or 10.13 Ambulance S 3500.00 airtri.s and Dcutns 2.000.00 tf ::ndigrrite 1 C00.00 Cornp.ensaton Insurance kaRW.00 Cur:tag:01.a in Quarantine 100.60 Canty at Large (infirmary) 1,.rtenifin A4MJCIuM11 7.„1.)00.0t1 E:ect;on expense . 1,E00.00 Exten5ior. Service 5.000.00 Iriscrance—Ceuray Buildings 3.300.00 probate Court 'Maintenance 17,000_00 rrabatc Insane Soldier's W.uriat 2,000.00 Soldier's Relief 1.200.00 Stele Tnstit-ut1nne State Welfare Agent (Cierk; 1.256.70 'Tart Alluciition Cornmaalon 00.00 Town4hip $c City Tres:Laura tsoort Terra Ronda) ____ 2,200.00 v.v./nal-Lip and City Tax Rolls 1.700.00 Supervlsoru Printing Proeeediaga 1.200.0D Supervised-Ye Duea 25.00 -Lleteresies--Ctumel _ 4.000.40 Bee Innpeetten 400.00 Treasurci's Bond 666.00 stss,34.0.70 Ray E. Duncan E. W. Osborne By Mr. Lilly: (Mtsc. 19551 RESOLTiTION 1.dY A MUNICIPALITY Authorizing a rert-onveycxnce of t.:1:0 to lc,nds to the State al Mtchtgan WHEREAS, the followtng described lands: Lot 34 of Resubdivision of Lots 483. 494 and 485 and A, being a part of Pesubdtvlslon a! Lots 4 and 5. 75 and 76, 93 to 52 incli.;sive, 171 to 172: 186 It; 189 inclusive. 272 i 274 28fl igr 79C Inei...mive, :180 to 382 .1u to 402 inclus'ive of Woo and Pa:k Subdtv!sIor.„ also Lots 4 to 19 in.olusjvo. and 21 lo 34 Molustve of Woodland Pcnk Subr.“..vision, •,q1re (-ICC:OYU-0d 1TY no F.J.Dard Cf. Z3.1..4Pat:V.101'S ol tl.`"oklar.d a munia:pal cor,.inratton, from the State of gen through the Stcrte Lama Office Board its duly aat:-.or- tzed agency, ti-Arough provisions of Section 7, Ac: 155, P. A. of l537, as amended, and WHEREAS, said Board of Supent:sorr of the County of Cok2:ancl, a murlictpal corporal it has decided not to Ltze for 0 pi:Olio purpose a portion of said :ands describe as :cdaws. to-wit: Ttat par: of t'ae . above lot des:r.tpeci as follows: 30g.nritng the southeasterly corner of said lot. a:ong the. sou.,1-ier]y lirla of said lot 1.84 feet, thence Ir. ••,,A po4-.1 19.43 fee.. we'd', of the of sato: at, thenr.e along tne lIne of sold 'xi; to the northeast corner at said lot, the as u .Louther:y dirounon along he o.d,7)of NGW 7:1ZREF.c..)RF., BE IT RESOLVED dbave dsoritred T,:tia:1 be deeded the County :,:ftziand. corporcr:on, to he. Stale of and BE IT FURTHER P01:TED that the Chairman anc! Clerk al the Board of Supervisors of the Coun,y of n) sonsequent I _..nbursernent of the App,icanI or he (7xpendi.ures fexclucMg regular, cont:nu-ng 'Ave expenditures) incurred by the Applicant in co:mar- :ion wi,b the construct= of tne Project, such of the Cp• rivh,s, powers, privileges and inieros:s In and to any materioIs, supplies and equipment acquired for the FroA,ct, contracts, ,and or any work on tne Project Os are reccosory fpr the acquisition, construction, COrnpictiW or operation of the Project, The Offers dated November 6, 1941 and October E, 12 made by the United &otes of America to you We hereby revoked unless they have been previously cc- cept,N1 by you in Wmch event Your acceptance of this 311Oli efiectua.e a cancellation of the contract or contracts created by sa.d acceptance: Provided, that the curv:ellot:.on of such cohtroot or contracts shall not impair ,r vitiate any acLs performed or proceedings taken there- under prior to such cancellation, but such acts or Proceed- .rigs may be continued under the contract created by the acceptance of this Offer. INITED STATES OF AMERICA Federal Works Adminrstrator By: Baird Snyder, Assistcult Adrrnnistrator FEDERAL WORKS AGENCY TERMS AND CONDITIONS , Incorporated in Offers Providing For The Financing and Construction of Non-Federal War Public Works Projects TWA Form No. CE 100 Doted August 1, :942 TERMS AND CONDITIONS I. CONDITIONS OF GOVERNMENT'S OKIGATION, —The United Eta,es of America thereMafter referred to the "Government") may elect to terminate all or any of its obligations under these TERMS AND CONDITIONS and the Government's Offer (hereinaIter collect:ore:yr TO- 'erred to as the 'Offer") to which they appertain ; (o) Representations.—% any representation of the ap- plicant to which the Offer is made (hereinafter referred to as the "Applicant") In Its application for Federc: ass;' once, as oniendea or supplemented (nere.ncite: te as t.- • --- . • *11.1.—v:sr, ' L(xlri• Cc CCEEDINGS REGARL. ,G SOUTHEASTERN °AK:Amp COUNTY SEWAGE DISPOSAL Ncver,-;r4r 10, 1942. Mee:ing coiled to order by Chairman Iorres L. Gard- ner, Chairman, ROLL CALI,ED: Andf ,,wn, Axiord, Baker, Beardsley. Elo;-.chard, Bd, &enact], Cluf/t, Cen,ell, Cummings, Czmonske, Dean, Dunccm, Eckman, Erwin, Everett, Ewer:, Felt, f%sher. Forsrhe, Golfe, Gardner, Gibbs, Graves, Haack, Hall, Halsey, Hernlin, Hillman, Holland, Horkey, Hudson,- HurnIston, Jones, King, Lamb, Lawson, Levin- :;en, Lilly, Lome:non, Mahar, Maloney, Moe, Mc-Casi.till, mecle:lor„ /vf&ae, Powers, Ransom, Reid, Schwe:gert, E.--,n;rrimoris. Smith, Starr, Stevenson, Taylor, Trace, Tyler, VoTion, Vaughan, Waterhouse, Woiers. Wedge, Westiall, Wi I kins. OUORIllvf PRESENT. UNITED „STATES OF Alv:ER:CA. FEDERAL WORKS AGENCY GRANT OFFER in); Wcshing,on, D, C. Oakland County, Project No, Mich. 20-N7 Ponnoc, lvfahigon Dated Nov. 7, 1942 3...:.1.-,rject to the Terms and Conditions (rwA Form No. CE 100, dated August 1, 19473 nitor+wiri hprein z:nri a 1-1,v,-; hereof, the United Stater., of America (herein called the 'Govern:Tient") berehy offers to make you's' grant of $582,030 ;:,) old in financing the aovisitiort and construe. tion cl public works consisting of sewer facilities, includ- ing necessary land and necessary flowage rights (herein eolied the "Project"), prescently estimated to cost $,5137„520; Provicieci, however, that of .said grant the Government shall retain an amount sufficient to pay, and sail pay therewiln, such plojcct costs for field In:Tot:nun, aucittlna and other fie:c1 services incurred by the Govern- ment from and after the date of this Offer as, in the deter- minct:cri Of the Federal Works Arlministraicr, are proper; Prov,clvd, further, that fi the tactual cast of the Project ;Ipor, co-:motet:on, as de,:errained by the Federal Works Ad- -'nisircer, is less than the presently estimated cost spec;f:ed above, the grunt shall e reduced to an amount whirl'. beard the same ratio to the actua', cost as ',he grant spec:ffed ht-rrtn boor: tr the said tic . , ?r- 11pDr,he wrItten c. L,J1C • tm f'n'croi)ly in a material degree from its condition as tltrletoforo represented to the Government: fr.) Financing of Prolect.--fl the Applicant will not ho .7-.!;:•, in the opinion of the Government, or fouls to provide ....ton needed. or to demonstrate to the scasfaction of the Government that it can and will provide when needed, ittnds with the funds made availaale by the Government under the Offer, -.a pay the cost of :he public works described. in the Offer (such public works being increinafte: referred to os the "Pr°iron, or in Case the Govc—ent hus offered to purchase Bonds, the Appli- cant sholi not furnish a bona transcript satisfactory to the Cove.rnment showing th•a the Bonds are valid and bind- ing obligations; td) ProsecutiOn of Project.—Ii the Applicant will not be able, in the opinion of the Government, to construct the Project as originally planned, whether such inability is due to technical causes, the unavail;iolli:y of labor. equipment or materials. the failure to obtain necessary pe----s or authorizations, or to any other cotuset or if the Apr.:icon; she:: fail to commence or proceed with the construction of the Project with dispatch, in a sound. economical and efficient manner, in accordance with the plahz and specifications theretofore sub—'"ed to and ap- proved by the Government, and in compliance wita op- p.licoble Federal Statutes and the Offer; or if the .Appl.1.- n.ant shall fait oft:GI-wise in the performance or fu:511:ment of any of its obligations to be performed or Mt:lied undo: the (el Documents to be Submitted.—If the Aopti-ant sho:: fail to submit CT Ca,150. to he sun...matted to the Gov- eatrne.nt such records, sto:ements, reports date-. piano. dy.twtir.ts, spcnificiitionn. c.:rvrontt, work ^16 +7.M .mcnts, bid tcbulaticns, contract awards, estitrtutes. car- Lficcics or other documents affecting the Project, as may be reeuesteo by the Government. or if the Applicant shall proceed w:th tho construction of the Progral or take other actloa on;rite bcn of the foregoing documents which are roan:red to be stihmitted to the Government befnro the Government tics advised the ApT.t:tcant that, in its onin- snch documents comply with applicable Fe.le.ni.: Slottnes and the Offer; (f) ArchitectianA or Engineezi-g Furact..vis:oa arid In- speolion.-it the Applicant snail fail to provide and mans- tcri and adequate architectural or engineer- superviCion and inspection of the constrnction of the Project; (gt Bonus or Commission.—If it shall be cietermincil by the Government at arty lime that the Applicant has pato; or agreed to pay, whether directly or indirectly, a Por.A.s. commission or fee to any parson, firm or corpora- ieri for attempting OCU:e an approval of the Applica- tion. or for alleged servIces in procuring or in attempttny ta procure such approvai. or for actvilie5 of the nature commonly ',mown as lobbying performed or agreed to he performed in connectton with the Application. 2. GOVERNMENT NOT 03::GATED TO 711:19::: PAll'ffl.f.3. —The Government shall not be cibligalorl Cr licib:e hereunder to any party other than the Applicant. 3. lNTE-riEST CF MEMBER OF OR DELEGATE TO CONCRESS..--No members of am delegate to the Con- gress of the United States at America shah bie admitted to any share or part of the agreement or contract result- ing from the Applicant's acceptance of the Offer or in any benefit arising therefrom. 4. OTHER PTiOli13iTED INTERESTS.—No official of the Applicant who is authorized in such capacity and on behalf of the Applicant lo negotiate, make, accept or approve, or to take part in negotiating. making, accept- ing, or approving any arcnitectural, engineering, in,bpirc- SUpply contract or any sub- contract in connection with the construction of the Protect, shalt become directly a: indirectly interested personally in any such contract. No officlol: employee, architect, at- torney, engineer or inspec.or at CT for the Applicant who is authorized in such capacity and on behalf of the Appli- cant to exercise any 'legislative, exeC'att-Yci. suprv:sory L.; aiLii 11.;r1ctr,,7 i:.: in col-ma:non with t;:..e construction of f.ne Protect. s'ntall become directly or indirectly interested pert-...onally in any construction contract, material supply contract, subcontract, insurance contract, or any other contract, pertaining to the Project. The app .-leant shall be responsibie for enforcement of the foregoing provisions :;11... tKin-inraph. 5. . EXPENSES PR :OP, TO DATE OF OFFER.—In de- ternstnir,g the amount of Federal assistance to be paid to Ilia Applicant under the Offer, the Government will cxclude from considerotion all Project costa trictnn -sd by Applicant prior to the ca.te of the Oiler union; costs hove been included in the estimate of cost of tlio Project incorporated in the Application, and in the opinion of the Government, were incurred by :he Appit- cant in anticipation of Federal assistance for c'efo-ns ,- publin works. E. GRANT ADVANCES AND PAYMENTS.—The plicant may requisition advances or payments on a-- court of the cpant provided in the Offer at any time after re.cciot of tbe Otter nut not later than six months fo!low- inri trio completion, abd-ndonment or term:no:non cf he Project. Such requisit.ons shall be accompanied by .s.n7n oupperung dam as the Government may require. After the Applicant's acceptance of the Offer and subtect to r,,rcvisic,no .o: tFCir th - ficivernment wi:. honor Jth requis;%ons in amounts c. at times deemed by tt to he proper to insure the expeditious prosecution arid payment oi th5 oasis of the Project. Payment on account the grunt Int:w be made in car.4 or by con:Lc:Lamm c-,1 ns or other obligations owing by the Applicant to the Ggyornmont, or partially in cash and partial:y by can.- Gi the option of the Govemn-.ent. No refine:ft In: r.-,2..v;cw of a de ,,erminattart of the Government allot:twig iie grant payable under the Offer will be considered un• lesz 5.ich request is received by the Government not later 'ban three ma:11ns following. notice to the Applicant of sLich &r.sterrnination. 7, LOAN AL7VANCES AND PAYMENTS.—The cant may :equtii.:1-1 on account of the loan, if any, pro- vided in the Offer, advances in anticipation of the issu- ance of the Bonds, or payments, at any time alter reeipt o: the Offer, ony such advance to bear interest from the dote the Applicant receives such advance to the data of delivery of the Bonds at the same rate borne by the Fonds. Such regutsit:ons shall be accompanied by such supporiing data as the Government may require. Alter 'ha Applicam's acceptance of the Offer, and subject to the provisions of the Offer, the Government will honor u'h recuisittor.s in amounts and at times deemed by it to be proper. IL after advances have been made on ac- count of the loan in anticipation of the issuance of the Bonds, the Applicant is unable, m the opinion of the Governinnt, to issue the Bonds because of ctrcurantonces beyond the control of the Applicant's governing body, the Government may, at Its election, trer.a such advances as a grant, a CONSTRUCTION ACCOUNT,—All funds, however provided, far the payment of the oast of the Protect shall ho deposited, promptly upon' tho receipt thereof, in a separate account or en-TN-en-lig thoreirinfter reavlively re- ferred to as the "Construction Account"). •,3iness other- wise required loy law, the Constuodon Account shall be set up in a bank or banks which are members of the Federali7..e .;.-)osit Insurance Corporation, Moneys in the Construction Accocr.t shall be expended only for costs of the Project and n accordance w:th such purposes az shah hove been previously specified in the latest project control estimate approved for the Project, or. ii any, thelatest signed certificate of purposes filed with and as approved by the Government: Provided, That il any Bonds are he,ci by the Govethrnerii after all costs in- c;:rrea in connection with the Project have been paia, all moneys tr,eh reracMung in the Cor,struction Account shall be used to re-purchase Bonds or shall be trans- ferred to a bond fund ior te paymern of interest on mid principal of the Bonds. 9, ABANDONMENT OF PROIECT.--If the Project 7 bhaii be ot:x. ',nod prior to is compi?tian or the c-_trn- pietik ci iii ?roSect beCRTIIPS, in the opinion Cl the Govornmen., impossible of accomplishment by the /sp- elt:on whzther due la technica: causes, the uncrvai:- Killti of ;Cli107, equipment or ineeriula, the kniure to obtain necessary permits or authorisations, or to any ,7,ther Mtseiie: tcr' Grant Pay/oh:Q.—The Government shall thereupon be. re.;,a,,,Td of all ri its obliga .ion5 under the Offer with to payment of grant, except that if such abandon- Jtent ;s consented to or concurred in by the Government, the Government determines that the completion of the e_t ic irriposshle of accomp.tishment due ta no fault of the Applicant, the Government's obligation to the Applicant shall continue as ta art amount of grant bear. mg the some ratio to expenditures theretofore made and costs incurred by the Applicant fin accordance with the previsions of the Offer cir4 as approved by the Govern- ment) that the maximum grant provided by the Offer bears to be t;mated cost of the Project upon which the Gije:' has boon bosecif (bl Purchase of Bonds..--The Government shah there- upon no relieved of all of its obligations under the Offer with respect to the purchoss of Bands thereunder, except he Government shall have the right at its election to purchase such Bonds under the Offer as it shall deem necessary to assure payment of incurred Protect costs, and to cause the ApPlicant to deliver Bends on account of which the Government has theretofore made ad- vances; fo-) Reimbursement for Funds Advanced---The Appli- cant shad forthwith cause to be returned to the Govern- ment the portion of all to the Applicant under the Offer not theretofore expended on the Project, in accordance with the Offer, except that . an amount thereof equal to the principal cf the Bonds purchased by the Government and then outstanding, to- gether with accrued interest thereon, may be transferred by the Applicant to a bond fund for the pa.yreent of such prtnrirnt rrrri m-r-r,lpd interest: Provided, That only so much of the expenclitules on the Project shall be consid- ered as having been einde (rnm ridvrmrp.n of payments mac..1.0 to the Applicant under 'he Otter t.4 4101: 1-;e deter- w,.ined my upp!ying the ratio which such advance or Payments at the litho of cxprnthluto bore to the total :ends then available in cash for the making of such ex.- penciltures7 (d) Completion by the Government.--if the Govern. merit delarmipes to take over and complete the Pro,.ect, tore shall be applied an the acquisition cost of the corn- oieted portion thereof so much of the advances or par- rments made by the Government under the Offer as snull • en: beer: been roterned by (he Applicant to the Govern. ninne. :eze the arneuet, if any, trans:erred by the Ape:l- een.; in. the nand fend purnuant to the previsions el seinnarceraph :c) 'hereof. (d)Rower. of Grant Payments.—Nothing herein she:: eenstruec to waive any right which the Gevernment rney have to the resern of the whole QT any port of the edvances- or payments made tinder the Offer in addi- tion to the advances or payments above provided to be reneicl, or any other TKO which the Government :nee heve, if the Applteael shall have abandoned the Project nrior lo is completion without the consent of the Govern- men: or sh.oll have acted in had faith or mode any rnis. representations concerning the completion of the Prefect or the nse ef such advances or payments. la SALE OF BONDS,TO OTHERS.,-11 he Oiler pro- vides or a loan, the Applicant, :nay, with the prior =- sem of the Government. sell all or any earl of the Bonds to purehesers other than the Government. 1. CONSTRUMON OF THE PROJECT.—(a) Un- :ces the Governrneet she'll consent to the use of a ail- In:ent enethos iarderais=erad equipment of the Proenct, or Le the award of can on a basis other than trio; herein provded, the cereraet method shall he used in the ccnstruction and equipment at the Project and all eeentrustion, material and equipment contracts shall be awardeci to the lowest responsible bidder and, except as to contracts estimated to cost not more than $1,00, upon free, open and competitive !piddling often advertise- ment far bids :sufficient to insure adequute competition; Pr.:viand, Thai no centruct on a cost plus a percentege of ecst 'basis shell he made: Provided. funher, Theft no cc:nen:et on in. cost plue a fixed fee basis shall provide fu a heed foe in excess of 6 nercentum of the estimated. COTS: The Aeeticent -5hri require that under a cereract on c cost ples a fixed lee basis subcontractere . fees shah no be censthered es pan of the cost of the work per- tart-nod under seen contract for which the contractor shall be enet.ed to reimbursement. The Applicoet shcill require that, where a general centract is let for the work. specially subeontraetere . nheli utinzed fe-r the performance of such parts of the werk 43, under 11Ln1 1 iuel proetione, rime performed by seeeteity reiheentractors, unless (1) the general eene 11.::5 theretofore customarily performed stem spe- cial!), work with his own organization and is then equip- pea to do se. or (2) :1-1 the opinion of the Applicant. con- curred in by the Ge-vererrient. the perfcrmance of special- ne work by eeeeialty subcontractors will result in mate- rially increased creets-ae.ncedinate delays. 12. CON7RACI. SECLIR:TY.—The Applicant shall re- evire that eacn construction contractor shell furnish a bend or bonds cf such type and in an cmoeril or erne= edequate to secure the faithfel .perlermeness of his con- teen, :3. CONTRACTORS' AND SUBCONTRACTORS' IN- SURANCE.—The Applicant shall require :1-.0t there be rnaintanea adequate compensation insurance for all centruoters' and subcentractors' employees engaged In work on the Project. In. Ql.:ALIFICATIONS FOR EMPLOYMENT. The Ap: plicant ;the]: require that (a) ie the employment of labor- ers end mechanics for work on the Pro;ect, preference shr....11 be given to qeelified. Fecal residers's; :el no person under the age of sisceen (16) years snall be employed on the Project; Cc) no person currently serving sentence in a•penal or correreiona: inslitutien and ne inmate of any inelhetien for mental defectives shall be employed on the Project; and (oh no person whose age or physical condi- tier. is such cts to make his employn-.ent dangerous to hie health or nalney or to the health or safety of others shall be employed on the ?reject; Provided, That this shot: not operate against the employment cf physically handicanped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perfertn. IS. NON-D:SCRIMINATION.—The Applieare shell require that there thrill be no discrimination by reason of race, creed, color, national crigin or political affilia- tions in the employment of persons qualified by tralning and experience for work en the Project. I. COLLECTIVE BARGA:NING.— I h e Applicant shell require that the legal rights of all workers on the Project to organize and to bargee) collectively, to be protected from the requirement to join a company union. and to enjoy freedom of expression and action with respect to wages, home, and cendinenc of labor shall not be infringed. 17. LABOR REGISTRAT:ON.—The Applicant shell re- quire that, at the election of the Government, workers on the Project must register at such thrive end places -and in stich mariner us the Government shall direct. 18. WAGE -The Applicant shall cause mini- mum wage rates for the various classes of ['db.:eels and rneehanics engaged In work or the Pro;eet to he deter- mined in accordance with applicable law. In the obnenco ni ;eel. lew, tfic Applicent seen determine, afici submit le the Government for its concurrence, sash minimum. wog& ratee, and in so doing shall give consicieraiion to the rates prevailing for the corresponding classes cf lnborors and mechanics employed upon projects of re chum:ter similar to the Project work in the, area from ee' - 1;1r br he Pro)ect must be drawn, and to new wage :ves, negotiated and concluded :rough bona fide co:)oct:ve bargaining processes, to became effective at a The Applicant shall require that a comple;o c:hoduie of al: such minimum wage rates (whether de- tc•rmir,y7; by the Applicant with ,he concurrence of the G:,orr.rzent, 01 as required by c,w) shc.::: be set forth n,(TC;r1 con:in-notion contract prior to invitIna hi'-.In for such contract, and that the wages paid to such laborers artzi. mechanics be not less than the minimum rates so de:ermined t'nerefor. The Applicant shall also require ;hot t.;1) Cetermtned minimum wage rotes and cid authorized •:cdoctions. if any, from unpaid wages actually earned shcil be ,7,,est, e • • 'T • ,..tnis at the ci the Pre;ect. Unless otheTwsse recra;red by tow, ca:es need not be established for non-manual work,ers, including executive, supervisory, administrative cnd clerical employees. T9. Cavar..3TATION OF WAGES ON mon DAY, • - The Applicant shall require (a) that the wages of ovory r.-'ocror 'rid mechc.irae engaged in work on the Praiect i-v9 computed On a basic day rate of eight hours per day, eight hours of -continuous employment, except for iunch periods, constituang a day's work when a single is employed, and seven and one-hail hours of car.- io except for lunch periods, constaut- ing a day's work when two or more shifts are employed nrici (k.)) tl.,ot work in excess of eight hours per day shall be permitted upon compensation, when a single shdt is employed, at one errid one-half times the basic male of pay for all hours worked in excess of eight hours on any one day. or at any time during the interval from 5 1"2v:. Friday to 7 A.M. Monday, or on hohdays, and, when two or more shifts are =played, at one and one-half times the basic rate of pay for ail hours worked in excess of seven and one-both hours on any one day or at any time dur:hg the interral from Friday midnight to Sunday mid- 23. PAYMENT OF EMPLOYaS.—The Applicant shall requi:e 11-1LTI each construction contractor cmd sub- contractor shall pay each of his employees engaged in work on the Project in full in cash and not less after, than cries each week, less legally required deductions and 0150 deductions permitted by the regulations prescribed under the se-called "Kick-Back Statute" (48 Stat. 948) Provided, That when circumstances render payment In cash infeasible or impracticable payment by check may be effected upon consideration that iunds are made avail- able ir, a local bank and checks may be cashed wiCriout cnarie, ;rude requirements or kiWRVerlier1Ce to the worker, WAGE UNDMPAYMENT AND ADJUST:011'17S, --The Applicant shall require that. in cases of underpay- ment of wages icy any contractor, ii shall withhold frniu such contractor put of payments due, an amour.: SunIl' Y19:11 :a pay woricers umployed oti Coo work. covered by his coniraci Ihe difference between ihe wages required to be palci tinder the contract and the wages actually Pak' 5.4-7r1 workers for the total number at hours worked may disburse such amounts so wtheld by it for and na th. con.ractor to tho marochvo omploycoo to whom they are due. 22. ''KICK-BACIC" REGULATIONS. The Applican: sha:: require the inciosion mtail cor-,1Tac!s with contrec. 17TS Or suOcan:racters for the construction or prosecution 3.,:.fU;.Gry provisions expressly binding the :esper.tve contractors or subccalruclors 10 comply with such upplitbie regu:atons as are issued by the Secretary of Labor pursuant to the so-called "Kick-Back Stai'..zte" (48 &at, 9481 approved Tune 13, 1934, as amend- aj or supptemented by any other Statute, AP.T.M.,NTic...ES,---liniess otherwise required by law the ApplIcarst shut, req:ire that the number of ap- prentices, in each trade or occupation, employed by each ccr.s.ruct:cn contractor or subcontractor, shall not exceed :tip number porrilitea by the applicable standards of he United States Department of Labor, or, in the absence s.tch standards, the number permitted under the usual gzaci1ceareiacti4nrelwcen the unions and the employ- ers" alsociations of the respective trades or occupations. 24. ACC:DENT PREVf.:;NTION.—The Applicant shall require that precaution shall be exorcised at cid times for the piVection of persons Lncluaing empicyons) and property, end that hazardous canoirions be guarded against or eliminated. 25. INSFECTiON,—T'ne Applicant shall require that the Federal Works Admintstraior and his ouLlorized representatives and agents be permitted, and it vedi it- self permit them, to inspect all work, materials, pay rcl:s, records of personnel, invoices of matcriais and other relevant data arid records. The Applicant shali cause to be provided and rnafritaine6 during the construction al the Project adequate fechities at the site thereof for the use ofthe Admrni*trator's representatives or agents as- signed to the Protect. 26. SIGNS.—The Apoitcam shall cause to be erecteo at the site of the PrcOect such signs, identiying the Project, as the Goverment may prescribe- 27. REK,`RTS, RECORDS AND DATA,—The Appli- cant shall submit, and shall require each contractor and subcontractor an the Pro5ect to submit to the Government such schedules of quantities and cc.:sts, progress sched- ules, pay rolls, reports, estimates, records and miscel- - ' - Manmblimi • may be required under appt:ibis st,-;:ccz or ru:es and regJlations promulgated PAY!,/,:NTS TO CON7RACTDR5.—Not :ater than day cf each ea:end- month :he App:icant mokr: partia: payment to each c?:1:31[1:7,:b.:111 con. c - th1-,O5n5 clu!y cert,lied and approved SIi nb.c work performed dwing the preceding aa:en• month by the particular contractor, but shc',.: retain completion and acceptance of al: work covered r.y 11-,0 particular contract a 7easonabie amount, speck ;r-, the contram, sufficient to insure the Proper Per- manco of the contract. 2. NAMING PRO:ECT.—The Apphcam shall not name the Project fur any living person. 33, COM.MEMORATIVE TABLETS AND CORNER- STONES.--ammiernorative tablets and cornersiches for tne Proiet.7.-I must be satisfactory to the Government. STATE OR TERRITORIAL LAW.—Anything -in the 01fer to the contrary notwithstanding, nothing in the Of- fer faif require the Applicant to observe or enforeo ocrnpltance with any provision thereof. perform coy other act ;1- do any other thing in contraventim of ray applica- ble State or Territorial low; Provided. That if any of the prov:slons- of the Offer violates any applicable State or TerCtorial law, or if compliance with the provisions of the Oiler would require the Applicant to viOinte ar-Y Stale or Territorial law, or if bacause of any ro.,7:sor-, the Applicant cannot comply With any of such provisions, the Applicant wiil at once noilly 1:lo Feaera : Works Acim'-'strator tn whim ,: in order that ap. :nrcnriate changes and modifications may be made by Feciera: Works Administra:or and the Apia:icon: to the end :hat the Applicant may proceed us scan Os pcc- Sin:Qli;n the consir-,ic:ion of the Prefect. 32. WAIVER.—Any provision in the Offer and the Terms arid andilians may be waived in whale or in port fond sub/ect to such conditions as may be deemed desirable) with the consent of the Appicant and the writ- ten approval of the 'Government without the execution of a new or supplemental agreement. a:SO:UT:ON AC vt1GTIE' r:4-t OF THE UN:TED STATES OF AMERICA 19e2) The following resclutton was offered by Mr. Clock and seconded by Mr. Reid: WHERFAS, there has been flied with the Federal Works Agency for and in behalf of The County of Oak- :and. (herein celled the "Owner"), an application for Federal a3E;5nOnCO ',11 1dOr he Defence Pub:to Works pro , Won., and the linitc.d Sla!es oi America, acting by and throxah thc Federal Works Administrator, has ircinsmi'.- Lou t;te Owner aim 0:le: of Federal assistance in con- nect:on with the public works referred to in said app:ica- tor: and Oeschbed in said Offer; and WHEREAS, said Offor has been duly road in open meeting and has been fully consiciereoi in every respect in accordance with trie pertinent rules of procedure and :ego: requirements: and WHEit.EAS, said Offer hos been made a part of the public records of the Owner; and WHEREAS, it is deemed adv;soble aria in the public interest that Mid Offer be accepted: NOW THEREFORE, be it resolved by the Board of Su- •perv1sors of the County of Oaklana. Michigan, that the said Offer of the United States of America, of true and correct copy of which is hereto attached be and the some hereby is accepted without reservation or qualification. Passed by the Board of Supervisuzs en the 30th day of November, 1942. Ay;.ast Andrews, Axford, Baker, Beards:ey. blanche:mi• Brr.riel, Brenda:, Clark, Coryell, ezmonske, Dean, Dun- can. Eckman, Erwtr., Everett. Ev..ort, Felt, Fisher, Gale. Gardner, Graves., Haack, Hall, Halsey, Harriin, Hol:onci, Horkey. Hudson, Hurniston ;ones, King, Lamb, :_evin3on, L:;1y, Lornerson. fvfohar. Moe, McCas- ki,l. McC:cllan, McRae, Powers. Ransom, Reid, Schwei- gert, Shimr.rions, Smith, Starr, Stevenson, Taylor. Trace, Tyler, Varion, Vaughan, Waterhouse, Waters, Wilkins. (S9) Nays: None. • cARRIED. The Cork presented the following communication from the County Drain Commissioner. to-wit: OAKLAND COV,NTY DRA2N c."0141+74ZSI:ON poNTIAc. MICHIGAN November I. 1942 CMtm..933) firJord of Supsrvisors Oakland County, Michigan Gentle:nen: By resolution adopted on November E, 1941, the under- signea. 5. agent for Oakland County, was authorized - • :o employ by and with the app.. of the Drain Corn- -"'ee of the board of Supervisors, 0 consulting e.ngineor- irg firm n connector'. with the construction of an inter- cool.ng sewer to racy* the sewarze problem in so....horn Oakland County. Pursuant to that authority and ,Arth tno approval of said Drain Committee, the engineering f7m of Hubbell, Roth and Clark was engaged. On Aprh 21, 1942, the Booed of Supervisors =-.1 the ,-.79-,inty of OcrKland aulhortzer 3 rInd ritrorted that there be estuolisheci, maintained and operaied under the T..rovi. slams of Act Nu. 342 at the Public Acts of 1939. as amend- ed. and any other applicable acts, a system of sewer arid sewage disposal iinprovernents and services for the tour- of disposing of the sewage from certain specified territory in the southeastern portion of Oakland County, and oeiivlating the County Drain CQrnalissioner as he LItgency of the county in connection with the estab- llsbment, momenance and operation of the Sarr1Q. This reso:ution was amended by resolution adopteci on ber 20, i942 so as to include slightly more territory from ;my Township. Mops, plans. designs and specifications for said sys- tem have been prepared by Hubbell, Roth and Clark_ and I am herewith lihtig the same with the Board of Sur,ervisors of Oakland County for approval as required by the provisions of said Act No. 342, Public Acts of IS39, as amended. I recommend this approval. I arri also transmitting the estimate Prepared by the .ubve menticned engineers, of the capitol costs of ac- ciu;ring Simla system of sewers arid sewage disposal im- provements and services, which estimate is in the total sum cl $:,567.000. and which I recommend be adopted- In the ipz, plans, designs and spectlicotIons, the pro,teci is referred to as "Southern OtaVicmcl County Sew- age Disposal Sanitary Inierceptor—Defer.se PU;D:iC WO:1GS Docket--Michigan in the various documents which will be subsequently presented to your board, the oistrict to be serViCed is referred to as the "Southeastern Oc..klurici County Sewage Disposal District" and the sys- tem 15 referred to as the ":Smilbens:Prri OVIrlard Cnurrity Sewage. Disposal System". inasmuch as the word "Sto;:th- eastern" more ccaeoity describes the location of the dIstr tot . Respectluliy submitted, Earl L. Clark, Drain Commissioner Agent for Oakland County Waps, Picas, designs and specifications above referred to are on :fie in Oakland County Clerk's office.; The es..,:nuteof the cant reforrod to in tho abovo coin. municat.on and thonsrnthed therewith is as follows, to. HU,,..,ELL. ROTH r5 CLARK, INC. CONSULTING ENCINES DETRO:T, November fr., 1542 [Mist% 1%4) Mr, Ear: Clark County Drain Commissioner Ouk:orid County. Michlgan :Poniicia, Michigan Dear Sir: We submit herewith our os7'—ate of the cost of ocquir- ing ci yslom of sower and sewage disposal itnprovo: servtLes for the so-cai:ed Southeastern Oak. land County Sewage Disposal District, The following esti. mute covors all of the construction work as shown or or as called for 1:,y the maps, c:ans, designs and specifica - :Ions prepared by us ana heretofore Ifled with you, to- etlier the other Terns noted below: FSTIMATE Prehrr.lnary s 1,:10X1 3.00i1W Construction cr.d purchase of flowage rights through the Sever. Mtie ond Connors Crec..,.g Sewers of Doircil 1,72,0.00 Engineoring. and tr-speccion. by Oakland County so,cacLoo Interest during renr.5L-Arli-r1 27,0a0,00 Administrative and lega; 10,0.20.00 Miscellaneous 1,CC0.00 Contingencies 48,GC0.04 Federal Government expense 25,0DOLO $1,557,CM.D0 Yours very trAy, Hubbell, Roth 6 Clark, Inc. Homer W. Clark The following r6so:uttur, was offered by Supervisor Clark supported by Supervisor Tyler: (Phsc. 1985) r,-,:suv-ED, ',nal Inc maps, plans. designs and 3PeCUl• cottons proparod.by flu-obeli. Roth and Clark, engineers, fur a system of sewer and sewage disposal improvements anti services for the Southeastern Oakland County Sew- age Dispcsai Dis:ri.7.t, be and the .Lorne are nornby ca pt ovLd oaci ordered to he plated on fife with trio County Clerk, 11.271'111 Ft:SOLVED, that the estimate prepared by Hubbell, Roth and Clark, engineers, of the cost of ai .,aairing said system, which esthriote is in the total sum ti " . • r rinste hereuy odopa by ie .o Oakiand County as the estimate ADO PTE D: Yeas —Supervisors Andtews, Axford, Boker, Beardsley, Blanchord, Braid, Be. Clark, Ceryell, Czmanske. Dean, Duncan, Eckman, Trwin, Kyreo;t, Ewart. rgdt, Fishor, C.prelect, Qe 11.5, fq.acolc, Halsey, Hamlin.. Hihrhan, Holland, Harkey, HuCsen, i-iumison, Jones, Kin-7, iamb, Lawson, Lilly, Lomerson, Moho:, lvlularney, Moe, McCaskill, McRae, Powers, Ransom, .Reid, Scaweigert, Shirnm.ons, Smith, ..."....•tarr, Stevenson, Taylor, Trace. :yier, Varian, Vaughan, Wz.-..eracuse, Waters tfail, Wilkin3. (.5e) Nays: None (Z) Absent; Cocpirel,Cummings, Eolon, Forsythe, Gibbs, G:enan, Grahara, Graves, Laing, Levinson, O'Reilly, Osborne, Renton, Shepard, Wedge. (:5) • 71-ie folevrtng reoolut',or. was olkned OZuperv',',5or Clark andsecor.deci by SUpervisor 1985) WHEREAS, by resc:•-ition adopted by the Board of Su- pervisors of Oakland County, Michtgan, on the 215t day of April, 1992, as amended by resolutor, adopted on the 23th day of October, 19.42,_the_scath_ricercuf Supervisors cuihorizad_olireerecLthat there be established, mwri- mined and operated a system of se.-.-fors and sewage di- peso; improvements and services for the purpose of dis- perma of the sewage from the district Ciercin described as Cr,: Southeastern Oakland Courny Sewage Disposal Diotric: and WHEREAS, the said Board of Supervisors have ap- proved of the maps, plans. designs and specificaftons for the cciistrucnon of 5'.1..± sewage disposal systrim; 7:--LERZFOP,E, BE :7 RESOLVED, that the Cowry Drain :._.'smraissioner. the offic,a1 designated :a slid as the agency of the courLy tn Tespea to EaGIO syslern, be and he is horeby direced and authorized to proceed to acquirey construction or otherwise. such SOWCgG d:71-2",^-301 system for said Soutneasterri Cok:ond County Sewage Disposal Diet:XI, suPject to such iimilatians as ate imposed by law and subject to the further limaaticn isat this resohit:on shall not authcrize the satd Counw ,-.2,;(ne Commissioner to create any :icibility of any kind the:. County c.,f (akkind unlk.,!;!: ized. AD C.? T Dc Yeas—Superrisors Anarews, Laker, Beurdsley. Blar.chard, raid, renclei, Cork, Ccmcnske, Dean, Duncan, Eckmaa, awin, Evorolt, Ewart, Full, Fisher. GO:C, Gardner, Gravt-?s, Hauck, Hull, F.alsey, Jlami.cc, Ho:ind, HorfeY, Jones. King, Lawson, Lornercoii, Mohar, Molar nay, Moe, McCaskill, Ivicaelian, McRae, Powers, Boasom, Reid, Schwuigerl, Sh'ziymons, Starr, Stevenson, Tayor, Trace, Tyler. Vorion, Vaughan, Waterhouse, Waters, Westfall, Wilkins, 159) Nu': tO), Absent: Campbell, Cummings, Eaton, Forsy,he, Gibbs, GIenan. Graham, Laing. Levinson, O'Reilly, Osborne, Penton, Shepard, Wedge 04) The Clerk presented c communication from the County Drcin Commissioner, attached to which was a proposed ordincaco for tho f:nancing el. a system cf sewers and soways, cii7pasai improver:Lenz and services for the Southeastern Oakland, County Sewage Disposal Dis- trict. The County Dram Ce,iunissione:–L-ecornmericied .hat the Ordinance be odopied. The above mentioned ordi. nonce entitled -An Ordinance io provide for acquiring arid operating a system of sewer and sewage disposal r-i:7-11-0v,71n4-..nir; and servic.rs :neiwoon certain political suennviiu;r4 er parts theiebt in the Southeastern sec 4,:m.-1 of the County of Oakland, State of Michigan, to provide for the issuance and sole of seif-itquiduting revenue bonds to defray a portion of the cost thereof; to provide for the retirement of such bonds from the revenues of said system of sewer and sewage chsposa: improvements and services: and to provide for other mutters re:ative to said system and said bonds," was then numbered Misc. 1987 and was introduced by Suaorviscr Clark. was moved by Supervisor Clark ancl seconded by Supervisor Waterhouse that Orclinonce No. 1987 be ;kr:ea upon t.5 first and secona•readings by title, motion was t.runirnousiy =opted. The ordinance Woe then read twice by ii!le. :t woo thei movrAl by Supervisor Ciark and seconded by Supervisor Reid that Ordinance No_ 1987 be placed upon Its third reachna arid passage, which moon was unanimously adopted, .1,:terfil sections of Ordinance No. :987 was :hen read. "Molted by Waterhouse sup:coned by 1-ii:Iman that Board recess anal 1:15 tils afternoon. CARRIED. AFTERNOON SESSION. Meeting ca:lea to order by Chairman iames Gard- ner. C'.'noirmar, announces airarurn present. ii.?.; No 10f1',/ Ihen pletea, The Chairman then announced that the cp.:es:jot', was upon the adoption or rejection of Ordinance No. 1937 ol the Ordinances of the Coun7 of .Oak,and. Upon roil cc:1. the vote was us folows: For ihe adoption of the orcita..7.'n.r.e—Stipervisws An. 12 • draws, Axford, Baker, Beardsley, SlanrlIrrni, rrid, del, Clark, Coryell, Cummings, Csmanske, Dean. Dun- can. Eckman, Evereit, Ewart, F&1. Fisher, Forsythe, Gale, Gardner, Gibbs, Graves, Haack, Holi, Falsey, llinart, Holland, Hudson, Huratston, Jones. Lamb, Law- son, Levinson, Lilly, Lamerson, Maricz, Ma:arney, Moe, McCaskill, McClellan, McRae, Powers, Ra-nsom, Reid, Schweigert, Shinn:wag, Smith. Siarr, Stevenson, Taylor, Trace, Tyler, Varian, Vaughan, Waterhouse, Waters, Wedge, Wilkins. (60) Against the adoption oi the drcitnance—None CO). Absent--Supervisa n n, Glenctn, Graham, Harkey, Xing, Laing, O'Reilly, Gsbarne, Nenton, Shepard, Westfall (13). The Chairman then declared that the,ordinance had begin arientini. Ordinance No. 1987 as adopted. is as follows: • • / 19