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HomeMy WebLinkAboutResolutions - 1983.12.08 - 11454December 8th, 1983 REPORT BY: Planning and Building - Anne M. Hobart, Chairperson IN RE: Resolution #83323, Clinton-Oakland Sewage Disposal - Pontiac Township, Extension #3 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having again reviewed Resolution #83323 after negotiations with Pontiac Township officials, reports with the recommendation that the resolution be adopted with the following amendments: Page 3, paragraph 3-h, line 3, delete the words "the principal of" line 4, delete the words "and the interest thereon" line 9, delete the words "prior to maturity" Page 4, paragraph 6-a, delete the entire subparagraph, add the sentence "The County's portion of the project cost shall be $170,000.00, while the Township's portion shall be the balance of the project costs." paragraph 7-a, line 1, delete the word "increases", insert the words "increase or decrease" delete the word "amounts", insert the words "number of units" line 2, insert the words "or decreased project" after the word. increased Page 6, paragraph 10-d,line 2, insert the words "as presently constituted" after the word property. Add the following: "The County shall, however, be responsible for payment of the applicable per unit capital charges for the Clinton-Oakland Sewage Disposal System /based upon current unit assignments of 34 units for the Trusty Camp (Average water usage of 10,710 gallons per day/315 gallons per day) and 16 units for the Animal Shelter (Average water usage of 5,040 gallons per day/315 gallons per day) for a total of 50 units./, as well as any future capital or connection charges that may become applicable to County facilities due to increased size or number of buildings, changes in usage classification, or increased volume of effluent leaving the premises." Page 7, the paragraph following 10-f has been designated 10-g REPORT - Resolution 483323 December 8th, 1983 Page 2 Page 8, paragraph 17, following the last sentence and before the closing paragraph add "Upon termination of the Contract, title to the Extension System shall be conveyed to the Township by the County." MR. CHAIRPERSON, on behalf of the Planning and Building Committee, I move the acceptance of this foregoing report. PLANNING AND BUILDING COMMITTEE Date November 17th, 1983 Miscellaneous Re-,,ution 83323 . BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, PONTIAC TOWNSHIP EXTENSION NO. 3 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Cha+rperson, Ladies and Gentlemen: WHEREAS the County of Oakland is enlarging the Trusty Camp which is located in the NW.- of Section 3, Pontiac Township; and WHEREAS the County deems it advisable to construct a---anitary sewer to serve said property in lieu of constructing and/or enlarging an on-site treatment facility; and WHEREAS the Township of Pontiac is considering a contract with the County entitled "Pontiac Township Extension No. 3, Clinton-Oakland Sewage Disposal System, Contract for Services" which provides for the acquisition of the facilities and payments to the County to defray part of the costs thereof. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorize as follows: 1. The "Pontiac Township Extension No 3, Clinton-Oakland Contract for Services" date is hereby approved and the County Executive is hereby authorized and directed to execute said Contractt on behalf of the County of Oakland upon approval of sz:id Contract by the Township. Said Contract reads as attached. 2. Approves and authorizes the advance of funds in the aggregate principal amount of $665,000 or such increased or decreased amount as the case may be because of revislons in the estimated cost of the project, to the Count ,' -xecutive and Department of Public Works, which will be used to acquire the facilities in accordance with the Contract date Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the forenoing resolution. bUILDING COMF.ITTEL PON C TOWNSHIP EXTENSION NO. 3 CLINTON-0A!".LAND SEWAGE DISPOSAL SYSTEI- CO—T • CT FOR SERVICES This Contract was made and entered into as of the day of , 19 , by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, acting by and through its County Executive and Department of Public Works, party of the first part, (hereinafter sometimes referred to as the "County" and the "Department of Public Works"), and the CHARTER TOWNSHIP OF PONTIAC, a Michigan township corporation located in the County of Oakland (hereinafter referred to as the "Township"), party of the second part, all in the State of Michigan. WHEREAS, the County is presently engaged in carrying out proceedings pursuant to Act No. 94 of the We'gan Public Acts of 1933, as amended, to finance, construct and operate a sanitary sewer as an extension of the Clinton-Oakland Sewage Disposal System (herein sometimes called the "System"), a sewage disposal system established by the County pursuant to Act No. 185 of the Michigan Public Acts of 1957, as amended; and WHEREAS, the contracts and agreements among the County and the Township and other units of government in the County pertaining to the Clinton-Oakland Sewage Disposal System permit the County and the Township to acquire additional sewage disposal facilities as extensions of and connections to said System within the designated service areas and districts thereof; and WHEREAS, the County by ordinance enacted by its Board of Commissioners and by resolutions duly adopted, pursuant to the powers vested in it under the provisions of Act No. 94, Public Acts of Michigan of 1933, as amended, will establish and finance the acquisition of the "Pontiac Township Extension No. 3" (hereinafter referred to as the "Extension System") for the purpose of collecting, transporting and disposing of sanitary sewage emanating from the areas and in the facilities substantially as shown on Exhibit "A" hereunto attached and by this reference made a part hereof; and WHEREAS, in said ordinance and/or resolutions the County Executive and the Department of Public Works under the County Executive will be appointed the agency of the County to supervise and control on behalf of the County the construction and financing of all improvements, facilities and services to be acquired and provided as part of said Extension System, and the County shall continue the operation and management of the Clinton-Oakland Sewage Disposal System for the transportation to and treatment of sewage 5y the City of Detroit; and WHEREAS, the County will obtain maps, plans, designs, specifications and an estimate of cost for said Extension System (hereinafter sometimes referred to as the "project") to be prepared by Orchard, Hlitz t3c McCliment, Inc., consulting engineers of Livonia, Michigan, (hereinafter sometimes referred to as the "Consulting Engineers"), which estimate of cost is set forth herein as Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, under the provisions of Act 94, Public Acts of Michigan of 1933, as amended, and as authorized by Act No 129 of the Public Acts of Michigan of 1943, as amended; Act No. 35 of the Public Acts of Michigan of 1951, as amended; and Act No 7 of the Public Acts of Michigan of 1967 (Extra Session), the aforesaid Township is authorized to contract as a customer and wholesale user of the Extension System for the payment by the Township to the County for the services provided by the Extension System, includi: the cost of construction and maintenance of said project and of any other improvemer!:s and facilities to be acquired by said Extension System, from funds collected as rates and charges from the users and beneficiaries of said Extension System; and WHEREAS, for the purpose of the public health, safety and welfare of the residents of the said Township and for the general health, safety and welfare of the County of Oakland, there exists an imperative need for the sewage disposal facilities herein described to collect and transport and to treat and dispose of sanitary sewage emanating from the areas in the Township shown on Exhibit "A". NOW THEREFORE in consideration of the premises and the covenants of each, the parties hereto agree as follows: 1. The county and the Township approve and confirm the acquisition of said sewage disposal facilities of and for the Extension System and any other improvements and extensions of the System, as set forth in the preambles to this contract, and agree that the same shall be acquired and constructed in the manner provided by and pursuant to this contract and the maps, plans, designs and specifications therefore. The County and the Township further hereby approve and adopt the maps, for the project prepared by the Consulting Engineers and the estimated cost of construction thereof, as described in the preamble hereto, which said maps and estimate are filed with the Oakland County Board of Commissioners as attachments to this Contract. The Township hereby expressly agrees to and permits, by the approval and execution of this Contract, the use of all streets, alleys, public places and public rights-of-way required for the location, construction and 2 maintenance of the facilities of the Extension System substantially as shown on the maps, plans and designs therefore, including such temporary use thereof as may be reasonably necessary or desirable for the construction activities, which permit shall endure for the useful life of the said facilities. 2. The County agrees to collect sewage emanating in the areas of the Extension System as shown on Exhibit "A" and to deliver it for sewage treatment by means of the Clinton-Oakland Sewage Disposal System to the City of Detroit, within the heretofore established capacity limitations for the System. 3. After execution of this contract by the Township, the County Executive and Department of Public Works shall take the following steps: a. File the maps, plans, designs a. for the project as obtained from the Consulting Engineer with the Oakland County Board of Commissioners. b. Submit to the said Board of Commissioners a resolution providing for the advance of funds in the aggregate principal amount of $665,000.00 (being the present estimated cost of the project), the principal of the Township's share of which funds and the interest thereon will be payable solely from the revenues paid to the County by the Township as customer and wholesale user of sewage disposal services established and in effect, from time to time, pursuant to this Contract and the said resolution in respect to such funds, and providing which advance shall have such p :°c -s for repayment prior to maturity and other features, permitted by applicable law, as shall be determined in said resolution. The aggregate principal amount of the advance to be issued will be increased or decreased, as the case may be, because revisions in the estimated cost of the project. c. After the Board of Commissioners of Oakland County has adopted the resolution, the County Executive and Department of Public Works will take all necessary procedures to obtain from the State of Michigan, Department of Natural Resources and the Detroit Water and Sewer Department the approval necessary for the project, to obtain construction bids for the project, and to enter into construction contracts with the lowest responsible bidders. :3 Extension , a wholesale rate and s in amounts as set forth in paragraph 10-C, d. Complete the project and operate and maintain the sewage disposal facilities of the Clinton-Oakland Sewage Disposal System for transportation and treatment of sewage collected in the Extension System and render services herein described to the County and the Township for the term of this Contract The term "cost" as used herein shall be construed to include the cost of all physical structures, the acquisit5.,:y1 of all lands, labor and materials necessary to acquire and construct the Extension System, plant, engineering and legal fees, admininf7a 'nn and inspection, a reasonable amount for construction contingencies and for reserves, 7nci any other costs incidental to the acquisition and financing of the project. 4. It is understood and agreed by the parties hereto that the Extension System is to serve the de3i.eo ,s'e:-.! area in the Township and through the Township to serve its residents and citizens as individual customers and users. The County shall not be obrigated hy this contract to serve any area of the Extension System shown on Exhibit "A", or to n.:an...nnn..1,et any irrinro on -on1'n:: of facilities other than those described in the maps, plans, designs and specifications approved and adopted by the parties hereto. 5. This Contract is contingent upon the County advancing funds as set forth in subdivision (b) of paragraph 3 of this Contract, to defray the estimated or, if known, the actual cost of the project. 6. The Township shall pay to the County, as a customer and wholesale user of the on account of the funds advanced by the County to finance and acquire said Sys .- follows: a. Payments from connection fees of 10096 of principal of and interest at the rate of 8% per annum on the unpaid balance of the funds advanced by the County, exclusive of the County's portion of the cost of the project. 7. The Township shall also pay to the County, from time to time, as requested in writing the following: a. Any increases in the amounts shown - lph 10-C made -e - by reason of increased costs of the ExtensiDn .`..'nste me b. Payments required for erneriJnTnny repairs to or replacement of facilities of the Extension System. 4 c. Sewage disposal and operation and maintenance costs of the Clinton- Oakland Sewage Disposal System as established from time to time by the County. In addition, the Township has agreed herein, as lessee, to pay or to provide for payment of general expenses of maintenance of the Extension System and of its operation and use to provide sewage disposal services in the Township. The Township hereby pledges its full faith and credit, supported by the pledge of limited taxes only, in support of its general obligation hereby created to make payments to the County as provided in this Contract. 8. If the Township does not make the payments herein provided within 30 days after the due date specified, then there shall be added to such charges a penalty of one per cent (1%) for each month or fraction thereof for which the same remain unpaid. It is specifically recognized by the Township that the payments required to be made by it pursuant to Exhibit "C" of this Contract are to be pledged for the payment of the principal of and interest on funds to be advanced by the County, and the Township convenants and agrees that it will make the required payments to said County promptly upon receipt of said connection fees. The County shall have the right to utilize any method permitted by law for the collection of such rates and charges due said County under this Contract. 9. In the event that said Township shall fail for any reason to pay the County at the times specified, the amounts herein required to be paid, the County shall immediately notify, in writing, both the Treasurer of the State of Michigan and the governing body of the Township of such default and the amount thereof, and if such default is not corrected within ten (10) days after such notification, the State Treasurer or other official charged with the disbursement of funds to said Township derived from the State sales tax levy under the provisions of Act 167, Public Acts of Michigan, 1933, as amended, and returnable to said Township pursuant to the Constitution of Michigan, or derived from any other funds payable by the State to the Township, shall, upon the basis of this Contract and the covenants and agreements of the Township, withhold sufficient funds to make up any such default or deficiency from the moneys derived from said State sales tax levy then on hand or to be received, or other funds in the hands of the State and which are returnable to such Township. 5 10. Upon completion of the Extension System the County does hereby lease the setee to the Township to operate ,end maintain the same upon the following terms and condition: The faci'l ---!es shall be used and operated by the Township in compliance with all contractual and legal dhl .tt. ..ipns applicable to the Township, and the Township expressly covenants and agrees to comply with the provisions of U.S. Public Laws 92-500 and 95-217, the Federal rules and thereunder, and the rules, regulations and orders of the Ygan Department of Natural Resources all of which are applicable. b. The Township, at its own expense, shall maintain said facilities in good condition and repair to the satisfaction of the County. The County shall have the right to inspect the said facilities at any time and if said facilities or any part thereof are not in a state of good condition and repair, then the County shall notify the Township in writing as to any deficiency. If the Township shall fail to restore the 'facilities to a good condition and repair within a reasonable time thereafter, then the County shall have the to perform the necessary work and furnish the necessary materials, and reimbursement for any expense incurred by the County shall be made by the Township to the County within thirty (30) days after the expense has been incurred. c. The Township shall adopt and continue in existence and shall enforce an ordinance or ordinances concerning the connections of premises in the Township to the facilities which will provide for payment to the Township of a connection charge of $500.00 per unit from any premises within the service area as shown on Exhibit "A", and shall pay the County said connection charge on the first 2,090 units sold, to repay the funds advanced, as provided in paragraph 6. d. The Township agrees that the connect i7h charge as pre:Heed in paragraph 10 (c), which applies to County owned property, shall deemed paid within the County portion of the project cost. e. The Township shall make and collect from the individual users of the facilities such charges for s,7•'.`.! ?, disposal service as shall be sufficient to pay the cost of the operatieh and maintenance of the facilities, the cost of sewage disposal charges required to be paid by the Township, and to establish suitable reserves for operatien and ma;eteri--oce., Such charges may also include an amount d. mined .ee Town=shin meet the obligations of the Township to the County under this Contract and a. other contracts with the County for sewage disposal services and facilities. The Township shall enforce prompt payment of all such charges as the same shall become due. f. The Township shall secure and maintain adequate property damage and public liability insurance covering all facilities hereby leased to it by the County. All policies of insurance shall provide that the Township and the County shall be insured parties thereunder and shall contain a provision requiring that the County be notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed with the County. The Township agrees to lease the project from the County upon the foregoing terms and conditions and for the period of this Contract and agrees to pay the sum of $1.00 per year on January I of each year commencing January 1, 1984, and in addition to perform its covenants and agreements set forth in this Contract as a rental for said project. 11. The Township reserves the right to establish rates and charges to be collected from its individual users in an amount sufficient to pay its obligations hereunder and its expenses of operation and maintenance of the Extension System, as lessee thereof. Such rates and charges may be fixed and established, from time to time, in such amount as will produce additional moneys for such Township to be used for any lawful purposes. 12. It shall be the obligation of the County to provide the Clinton-Oakland Sewage Disposal System to transport sewage to the treatment source but only to the extent of the capacity limits and other provisions of its agreements pertaining thereto. All direct connections of private property to said Extension System shall be only by permit obtained from the Township, as provided by orce or resolution of said Township and upon payment of a fee or charge as provided in sa:ii Township ordinance. The Township shall not construct or permit the construction of any sewage treatment plant or facility within the area of the Extension System, without the approval of the County, which approval shall not be granted unless the same will have no effect upon the security and repayment of the funds to be advanced by the County. 13. The County shall have the right to deny the use of the Extension System to the Township if it shall be delinquent for a period of ninety (90) days in the payment of any rates and charges due from it or if said Township shall in any other manner be in default under this contract. The foregoing may be accomplished by any lawful means, while such delinquency or default continues. 7 14. The Township shall be responsible for the character of the sewage originating therein and shall comply with the County's standards and regulations controlling the discharge of industrial and/or commercial type wastes into the Extension System or the System or the Detroit treatment facilities. If the character of sewage contributed from the Township shall be such that it imposes an unreasonable additional burden upon any part of said disoosal systems, then an additional charge shall be made over and above the regular service charge, or it may be required that such sewage be treated before being emptied into said disposal systems or the right to empty said sewage into said disposal systems may be denied, if necessary, for the protection of the public health and safety. 15. The parties hereto further convenant and agree that they will each comply with their respective duties and obligations under the terms of this Contract promptly, at the times and in the manner herein set forth. 16. In the event that the Township shall change its corporate status or change its boundaries by annexation, consolidation, detachment, incorporation or otherwise, it is understood and agreed that the rights of such Township to services as herein provided for the area in the Extension System and the obligation of such township to pay therefore pursuant to this Contract, shall be assets and liabilities, respectively, of such Township to be divided and assumed in accordance with the law then in effect pertaining thereto. 17. This Contract shall become effective upon proper execution by the authorized officers of the Township and by the County Executive on behalf of the County, and shall be binding upon the successors and assigns of each party. This Contract shall terminate fifty (50) years from the date hereof or upon repayment of the funds owing pursuant to Exhibit "C", whichever shall occur first. This Contract may be executed in several counterparts. The charges and rates herein provided shall become and be effective on IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND on behalf of the Pontiac Township Extension No. 3 Sewage Disposal System By: County Executive CHARTER TOWNSHIP OF PONTIAC By: Supervisor Township Clerk And: 8 SERVICE i!I DISTRICT I I LIMITS H- I 1 --.... i 1 I I II i i n Nate: in Service Area 100+ Acres rXHIBIT "A41 CLINTON OAKI...AND ..':,ES.we‘.(yE, DISPOSAL. )NTIAC.4, SANITARY :.=> E \Al Ft RVICE L!T.TRLT ORC • •fl JUf,TZ COM() 34935 SCHOOL CRAFT ROAD • LIVONIA, 48150 (313)522-6711 MerIvial E.,Orchard !oho I. t-ifIlz William C. McClime Dzudris Vitins ORCHARD, H1LTZ & McCL1MENT, INC. CONSUL TING ENGINEERS ESTIMATE OF COST FOR. CLINTON-OAKLAND SEWAGE DISPOSAL SO PONTIAC TOWNSHIP EXTENSION NO. 3 640 1.f. 24" Sanitary Sewer @ 45.00 = $ 28,300.00 4330 I.f. 21" Sanitary Sewer 0 40.00 = 173,200.00 1200 1.f. 15" Sanitary Sewer (deep cut) 8 60.00 = 72,000.00 4060 1.f. 15" Sanitary Sewer @ 30.00 = 12 1 ,800.00 34 each Sanitary Manholes 0 1200.00 = 40,300.00 200 1.f. Tunnel I-75 @ 200.00 = 40,000.00 Estimated Construction Cost = $ 476,600.00 Easement Acquisition Misc. and Permit Fees Engineering (Plans & Specs.) Construction. Staking. Inspection & Project Administration Soil Parings Contingencies TOTAL ESTIMATED COST 85,000.00 4,800.00 41,225.00 9,532.00 30,300.00 6,000.00 11,543.00 $ 665,000.00 #180-03-0110 11/1/83 T "13" ° .07.7041ZIR 'ft Mfteceisale .1111•11.. Is 3 yr' c /1 .0 5'oo - ( Ws 26:3e-Y / k 7 7 94 ? .g? 0 3 7 aos- r.00 - 'S.3 J3 7,2 2 _3 S3 577 eS; o 7 33/ my 7L- y9 4 — ,?79a...5" .232; -717 d; a 93 I.3977/-J3/ 1/ 08e 7e- 724.7 --- Of --1 26, -7" G. 5/2 n 0.?Y/ oa3 7L / 7S-7 7s' r_13e7s-7 OAKLAIsh; ,COUNTY INTER-DEPARTMENTAL MEMO Date November 16, 1983 From: Milton W. Handorf Director, Dept. of Public Works Commissioner Anne Hobart Subject: Resolution Clinton-Oakland Sewage Disposal System - Pontiac Twp., Ext. No. 3 1 171 0 The following corrections have to be made to the resolution and contract regarding the Pontiac Township Extension #3 sewage system. 1. Resolution. Since the County is acting on the contract before Pontiac Township has taken any action on it, the "date" under "Now Therefore Be It Resolved" has to be deleted under both #1 and #2. 2. Contract. Page 8, paragraph 17, 4th line: a typo was made. Delete "Exhibit "C" Replace with "Paragraph 10-C" MWH/may S. Shindorf J. Hays D. Ringler To: CC: #83323 November 17, 1983 Moved by Hobart supported by Richard Kuhn the resolution be adopted. Moved by Hobart supported by Moffitt the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph 1 and 2 by deleting "date also on page 8 of the Contract, paragraph 17, delete the words "Exhibit "C" " and insert "Paragraph A sufficient majority having voted therefor, the amendment carried. The Chairperson referred the resolution, as amended, to the Finance Committee. There were no objections. FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION #83323 - CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, PONTIAC TOWNSHIP EXTENSION NO. 3 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #83323 and finds $665,000 necessary for said project. Of the $665,000, $170,000 represents County obligation to the project and ;i495,000 the Township of Pontiac and/or City of Auburn Hills portion; said funds to be appropriated as follows: APPROPRIATION Capital Program-Utilities Portion $170,000 General Fund Advance 495,000 $665,000 Due from Township of Pontiac/City of Auburn Hills Net County Portion $495,000 $170,000 FINANCE COMMITTEE 8th this December 19 83 • • ALLEN Clerk/Register of Deeds day of ( Coun #83323 December 8, 1983 Moved by Hobart supported by Jackson the Planning and Building Committee report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Hobart supported by Jackson the resolution with Fiscal Note attached, be adopted. Moved by Hobart supported by Rewold the amendments recommended by the Planning and Building Committee be added to the Contract. A sufficient majority having voted therefor, the amendments carried. Vote on resolution as amended: AYES: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution as amended, with Fiscal Note attached, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellan eou s Recnllifinn, #83323 .qdr) by the Oakland County Board ol Commissioners at their meeting held on December 8, 1983 " with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan