HomeMy WebLinkAboutResolutions - 1983.06.23 - 11580JUNE 23rd 1 1983
RESOLUTION NO. 83166
BY: Planning and Building Committee - Anne M. Hobart, Chairperson
IN RE: HURON VALLEY WASTEWATER CONTROL
SYSTEM - OAKLAND COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the City of Novi, City of Wixom and Charter
Township of Commerce (herein the "municipalities) are in urgent
need of the sewage disposal improvements and facilities to be
acquired and constructed in Oakland County and the acquisition
of capacity in the existing Huron Rouge Sewage Disposal System
in Wayne and Oakland Counties and of capacity in new facilities
in Wayne County which are described in the form of proposed
contracts hereinafter mentioned as constituting the "Huron
Valley Wastewater Control System - Oakland County" (hereinafter
sometimes referred to as the "county system" or the "system"),
in order to abate pollution of the waters of the county in the •
municipalities and thus to promote the health and welfare of the
residents thereof, which improvements and facilities would like-
wise benefit the county and its residents, and the parties to
said proposed contracts have concluded that such improvements
and facilities can be most economically and efficiently provided
and financed by the County through the exercise of the powers
conferred by Act 342, Public Acts of Michigan, 1939, as amended,
and especially Section 5a, 5b and 5c thereof; and
WHEREAS, the County Drain Commissioner (hereinafter
sometimes referred to as the "County Agency") has accordingly
caused to be prepared a proposed contract between the county
and the municipalities, dated as of June 23, 1983, providing for
the acquisition, construction and financing of said county
system and has been furnished a form of contract among Wayne
County and municipalities therein and Oakland County, dated as
of June 14, 1983, and has also caused to be prepared by the
county's consulting engineers, plans for the construction
thereof and estimates of $17,475,000 as the total cost thereof
to Oakland County and its municipalities and forty (40) years
and upwards as the period of useflness thereof, all of which
have been submitted to this Board of Commissioners for its
approval and adoption and have been placed on file in the office
of the County Agency, a description of such facilities and said
estimates being respectively set forth in Exhibits A and B
attached to said proposed contracts; and
WHEREAS, this Board of Commissioners desires to pro-
ceed with the establishment of said system and the acquisition,
construction and financing of said system as provided in said
contracts;
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF OAKLAND COUNTY, MICHIGAN, as follows:
1. That this Board by majority vote of its members-
elect does hereby authorize and direct that there be established,
and there is hereby established, under and pursuant to Act No
342, Public Acts of Michigan, 1939, as amended, a system of
sewage disposal improvements and services to serve the City of
Novi, City of Wixom and the Charter Township of Commerce,
Oakland County, Michigan, to be known as the "Huron Valley
Wastewater Control System - Oakland County", which system shall
consist of sewage disposal facilities acquired in Oakland County
to serve the municipalities and capacities in existing facilities
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in Wayne and Oakland County and new facilities in Wayne County
as specified and to be located as stated in the forms of pro-
posed contracts above mentioned; that the Oakland County Drain
Commissioner is hereby designated and appointed as the "County
Agency" for said County system; that the said County Agency
shall have all the powers and duties with respect to said
County system as are provided by law and especially by said
Act 342; and that all obligations incurred by the County Agency
with respect to said system, unless otherwise authorized by
this Board, shall be payable solely from funds derived from
State and/or Federal grants or payments to be made by the
municipalities as provided in the said contract.
2. That the actions of the County Agency in causing
the-plans and estimates for the system to be prepared are
hereby ratified and confirmed and said plans and estimates are
hereby approved and adopted.
3. That the proposed Huron Valley Wastewater Control
Contract - Oakland County among the County of Oakland and the
City of Novi, City of Wixom and the Charter Township of Commerce,
dated as of June 23, 1963, is hereby approved and adopted, and
the proposed Huron Valley Wastewater Control System Financing,
Construction and Operating Contract among Wayne County, City of
Flat Rook, City of Gibraltar, City of Romulus, City of Woodhaven,
Township of Brownstown, Township of Canton, Township of Huron,
Township of Northville, Township of Plymouth, Township of Van
Buren and County of Oakland, dated as of June 14, 1983, and the
Oakland County Drain Commissioner (as the County Agency for the
system) is hereby authorized and directed to execute and deliver
each of said contracts for and on behalf of the county, in as
many counterparts as may be deemed advisable.
4. That the copies of said proposed contracts as
submitted to and approved by this Board be identified by endorse-
ment thereon by the County Clerk of the statement "Approved by
Board of Commissioners on -zriv-e- .23"- , 1983", and each be
attached to the minutes of this meeting.
MR. CHAIRMAN, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
I HEREBX APPROVE THE FOREGOING RESOLUTION
DariferT, Cobrity .1Pi(ecytr•Ve Date
Commissioners, held on the 23rd day of June , 19 83,
STATE OF MICHIGAN )
ss:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting
County Clerk of the County of Oakland, do hereby certify that
the foregoing is a true and complete copy of a resolution
adopted at a regular meeting of the Oakland County Board of
the original of which is on file in my office.
IN WITNESS WHEREOF, I have hereunto affixed my
official signature this 23rd day of June , A.D. 1983,
County Clerk
HURON VALLEY WASTEWATER CONTROL SYSTEM CONTRACT -
OAKLAND COUNTY
THIS CONTRACT, made as of the 23rd day of June,
1983, by and between the COUNTY OF OAKLAND, a Michigan
county corporation (hereinafter called the "county") by and
through its County Drain Commissioner as county agency,
party of the first part, and the City of Novi, a Michigan
city, the City of Wixom, a Michigan city, the Charter Town-
ship of Commerce (only on behalf of the area of the township
not incorporated as a city or village), a Michigan township
(hereinafter called the "municipalities"), parties of the
second part.
WITNESSETH:
WHEREAS, the Board of Commissioners of the County
of Oakland has heretofore established the Huron-Rouge Sewage
Disposal System to provide sewage disposal services to areas
in the County pursuant to Act 185, Public Acts of Michigan,
1957, as amended (hereinafter sometimes referred to as "Act
185 System"); and
WHEREAS, the Oakland County Drain Commissioner
(hereinafter sometimes referred to as the "county agency")
has been designated as the county agency in connection with
the establishment, financing, maintenance and operation of
county sewage disposal systems pursuant to Act 342, Public
Acts of Michigan, 1939, as amended (hereinafter sometimes
referred to as "Act 342 " ) ; and
WHEREAS, it is necessary for the public health to
acquire and construct an interceptor sewer in Oakland County
and to acquire capacity in the existing Act 185 System in
Oakland County and Wayne County and to acquire capacity in a
new sewage treatment plant and related interceptor sewers
and other facilities to be located in Wayne County, all as
shown on Exhibit "A", hereunto attached and by this refer-
ence made a part hereof (herein called the "Oakland County
Project"); and
WHEREAS, by the terms of Act 342, the county and
the municipalities are authorized to enter into a contract
for the acquisition, construction and financing of the
aforementioned Oakland County Project and for the payment of
the cost thereof by the municipalities, with interest, over
a period of not exceeding forty (40) years, and the county
is then authorized, pursuant to appropriate action of its
Board of Commissioners, to issue its bonds to provide the
funds therefor, secured primarily by the full faith and
credit contractual obligations of the municipalities and, if
the bond resolution so provides, secured secondarily by the
full faith and credit of the county; and
WHEREAS, Act 342 provides, in the opinion of the
municipalities and the county, the fairest and most equit-
able means of acquiring the Oakland County Project, neces-
sary for the public health and welfare of the residents of
the county within the municipalities, at the most reasonable
cost; and
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WHEREAS, plans and estimates of the cost and the
period of usefulness of the Oakland County Project to be ac-
quired, financed and constructed have been prepared by the
consulting engineers for the county agency; and
WHEREAS, in order to issue such bonds, it is
necessary that the county and the municipalities enter into
this contract.
NOW, THEREFORE, in consideration of the premises
and the covenants of each other, the parties hereto agree as
follows:
1. The county and the municipalities hereby
approve and agree to the acquisition, construction and
financing of the Oakland County Project to serve areas in
the municipalities under and pursuant to Act 342, and ap-
prove the designation of "Huron Valley Wastewater Control
System-Oakland County" as the name of said Oakland County
Project. The municipalities, by way of compliance with
Section 29, Article VII, Michigan Constitution of 1963, con-
sent and agree to the establishment and location of the
Oakland County Project and any extension, improvement or
enlargement thereof within their respective corporate
boundaries and to the use by the county of their streets,
highways, alleys, lands, rights-of-way or other public
places for the purpose and facilities of the Oakland County
Project and any improvement, enlargement or extension
thereof, and the municipalities further agree that, in order
to evidence and effectuate the foregoing agreement and
consent, they will execute and deliver to the county such
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grants of easement, right-of-way, license, permit or consent
as may be requested by the county.
2. A. The Oakland County Project shall consist of
the interceptor sewers, capacity rights and related facili-
ties described and specified on Exhibit "A" and as are more
particularly set forth in the plans which have been prepared
and submitted by the consulting engineers, which plans are
on file with the county agency and are hereby approved and
adopted. The Oakland County Project shall be acquired and
constructed substantially in accordance with the said plans
and in accordance with final plans and specifications to be
prepared and submitted by the consulting engineers, but
variations therefrom which do not materially change the
location, capacity or overall design of the Oakland County
Project, and which do not require an increase in the total
estimated cost of the said project, may be permitted on the
authority of the county agency. Other variations or changes
may be made if approved by the county agency and by resolu-
tion of the governing bodies of the municipalities and if
provisions required by paragraph 5 hereof are made for
payment or financing of any resulting increase in the total
estimated cost. The estimate of cost of the Oakland County
Project and the estimate of period of usefulness thereof as
set forth on Exhibit "B", hereunto attached and by this
reference made a part hereof, are likewise hereby approved
and adopted.
2. B. The acquisition by Oakland County of
capacity in the existing Act 185 System located in Oakland
County and Wayne County involves the use of the interceptor
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and related facilities of the Act 185 System in the City of
Novi and in Wayne County and the county and said city hereby
expressly agree to such use by the county to serve all of
the municipalities party hereto. The acquisition by Oakland
County of capacity in the Huron Valley Wastewater Control
System (herein called the "Wayne County System"), and in
particular in the interceptors and related facilities and in
the sewage treatment plant to be located in Wayne County as
components of the Wayne County System is governed by the
terms and provisions of the Huron Valley Wastewater Control
System, Financing, Construction and Operation Contract,
dated as of June 14, 1983, to which Oakland County is a
party and the form of which has been approved by the munici-
palities party hereto. A copy of said Contract is attached
hereto and it is sometimes referred to herein as the "Wayne
Contract." The county and the municipalities acknowledge
that the Oakland County Project is a part of the entire
"System" and "Project" described in and governed by the
Wayne Contract and recognize that the terms "Local Unit" or
"Local Units" as used in said Wayne Contract include, and
make the terms thereof applicable to, the municipalities,
especially as said terms apply to Federal and State grants
and other aspects of the acquisition and financing of the
Wayne System and the Oakland County Project.
3. The county agency shall take or cause to be
taken all actions required or necessary, in accordance with
Act 342, to procure the issuance and sale of bonds by the
county, in one or more series, in whatever aggregate princi-
pal amount is necessary to be so financed to defray the
total cost of the Oakland County Project. Such bonds shall
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the county or the munici-
expended
with the
County
by the county or
acquisition and
Project and to
be issued in anticipation of, and be payable from, the
payments to be made by the municipalities to the county as
provided in this contract, and the said bonds shall be pay-
able in annual maturities the last of which shall be not
more than forty years from the date thereof.
4. The county agency shall proceed to take con-
struction bids for the portions of the Oakland County
Project to be constructed and, subject to the sale and
delivery of said bonds, enter into construction contracts
with the lowest responsible bidder or bidders, procure from
the contractors all necessary and proper bonds, cause those
portions of the Oakland County Project to be constructed
within a reasonable time, and do all other things required
by this contract, the Wayne Contract and the laws of the
State of Michigan. All certificates for required payments
to contractors shall be approved by the consulting engineers
before presentation to the county agency and the latter
shall be entitled to rely on such approval in making pay-
ment. Acquisition of the Oakland County Project shall be
deemed to include reimbursement to
palities for funds which have been
the municipalities in connection
construction of the said Oakland
include payments in cash to Wayne County as provided in the
Wayne Contract.
S. In the event that it shall become necessary to
increase the estimated cost of the Oakland County Project
for any reason, including application of any provisions of
the Wayne Contract, or if the actual cost of the said
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Oakland County Project shall exceed the estimated cost,
whether as the result of variations or changes made in the
approved plans or otherwise, then (without execution of any
further contract or amendment of this contract) county bonds
(upon the adoption of an authorizing resolution therefor by
the Board of Commissioners) shall be issued to defray such
increased or excess cost, to the extent that funds therefor
are not available from other sources: Provided, however,
that no such increase or excess shall be approved and no
such increased or additional county bonds shall be
authorized to be issued, nor shall the county enter into any
contract for acquisition or construction of the Oakland
County Project or any part thereof or incur any obligation
for or pay any item of cost therefor, where the effect
thereof would be to cause the total cost of the Oakland
County Project to exceed by more than 10% the total esti-
mated cost as hereinbefore approved, unless the governing
bodies of the municipalities shall have previously adopted
resolutions approving such increase or excess and agreeing
that the same (or such part thereof as is not available from
other sources) shall be defrayed by the issuance of
increased or additional county bonds in anticipation of
increased or additional payments agreed to be made by the
municipalities to the county in the manner hereinafter
provided: Provided, further, that the adoption of such
resolutions by the governing bodies of the municipalities
shall not be required prior to or as a condition precedent
to the issuance of additional bonds by the county, if the
county has previously issued or contracted to sell bonds to
pay all or part of the cost of the Oakland County Project
and the issuance of the additional bonds is necessary (as
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determined by the county) to pay such increased, additional
or excess costs as are essential to completion of the said
Oakland County Project according to the plans as last
approved prior to the time when the previous bonds were
issued or contracted to be sold. The provisions of this
paragraph are intended to be parallel to and coordinated
with similar provisions in the Wayne Contract which pertain
to the entire System and Project of which this Oakland
County Project is a part. As stated in the Wayne Contract,
it is understood that the offers of and the agreements for
Federal and/or State grants to provide funds for the plan-
ning, design and/or construction of the facilities of the
entire System and Project as described in the Wayne Con-
tract, including the Oakland County Project herein
described, will place upon Wayne County and thereby upon
Oakland County an obligation to complete as follows:
"It is anticipated between the parties
hereto that the Project to be built
shall qualify for a segmented federal
grant in accordance with the Code of
Federal Regulations, Part 40 §35.2108.
For purposes of financing the Project,
it is anticipated that the Project shall
be eligible for federal grants with
respect to Phase I, Phase II and Phase
III in the amounts as noted on Table II.
The applicant, Wayne County, in ac-
cordance with the requirements of said
05.2108, agrees to complete the treat-
ment works regardless of whether or not
grant funding is available for Phases II
and III, in accordance with the require-
ments of said §35.2108."
6. The municipalities agree to pay to the county
their respective shares of the cost of the Oakland County
Project as hereinafter provided based upon their respective
rights to capacity in the facilities of the entire System
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and Project in Wayne and Oakland Counties. The shares of
the cost of the Oakland County Project to be paid by the
municipalities are as follows:
Share of Cost
City of Novi
City of Wixom
Charter Township of Commerce
45.7468%
24.8168%
29.4364%
Total 100.0000%
City of Novi
City of Wixom
Charter Township of Commerce
19.36 cfs. (including 4
cfs. in Wayne County
Rouge System)
8.69 cfs.
10.30 cfs.
7. The cost of the Oakland County Project will be
defrayed by the issuance of county bonds as provided in
paragraphs 3 and 5 hereof. The municipalities hereby
covenant and agree to pay their respective shares of the
principal of and interest on such bonds and all paying
agency and transfer fees and other expenses and charges
(including the county agency's administrative expenses)
which are payable on account of said bonds (such fees,
expenses and charges being herein called "bond service
charges"). Such payments shall be made to the county in
annual installments which shall be due and payable at least
thirty days prior to the day of the month specified in the
county bonds as the annual principal maturity date thereof.
Such annual installments shall be so paid in each year if
any principal or non-capitalized interest on said bonds
falls due during the twelve-month period beginning on such
principal maturity date in said year, and the aggregate
amount of the installments so due and payable shall be at
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least sufficient to pay all principal and interest thus
falling due and all bond service charges then due and pay-
able The county agency shall, within thirty days after
delivery of the county bonds to the purchaser, furnish the
treasurer of each municipality with a complete schedule of
the principal of and interest on the bonds, and the county
agency shall also, at least thirty days before each payment
is due to be made by the municipalities, advise the
treasurer of each municipality of the amount payable to the
county on such date. If a municipality fails to make any
payment to the county when due, the same shall be subject to
a penalty of 1% thereof for each month or fraction thereof
that such amount remains unpaid after due. Failure of the
county agency to furnish the schedule or give the notice as
above required shall not excuse the municipalities from the
obligation to make payments when due. Payments shall be
made by the municipalities when due whether or not the
Oakland County Project has then been completed or placed in
operation. The foregoing obligations shall apply to all
bonds issued by the county to defray the cost of the Oakland
County Project.
8. If any municipality shall pay its share of the
cost of the Oakland County Project or any portion thereof,
prior to the issuance of bonds, then the obligations of the
municipalities shall be adjusted accordingly. A municipal-
ity may pay in advance of maturity all or any part of an
annual installment due the county on the bonds by surrender-
ing to the county bonds issued hereunder of a like principal
amount maturing in the same calendar year, with all future
due interest coupons attached thereto.
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9. The proceeds of sale of the bonds shall be
used solely and only to pay the cost of the Oakland County
Project, and after completion thereof and payment of all
costs in connection therewith, any surplus remaining from
the sale of the bonds shall be (1) used to purchase the
bonds on the open market or (2) retained by the county
agency as a reserve for the payment of the bond principal
and interest maturities next falling due, and in such event
the contract obligations of the municipalities in respect to
such bonds or such maturities shall be reduced by the prin-
cipal amount of bonds so purchased or of said reserve, said
reduction in case of the purchase of bonds, to be applied as
to year, in accordance with the year of the maturity of the
bonds so purchased. Any bonds so purchased shall be
canceled. In the alternative, such surplus may be used, on
request of the municipalities and approval by the Board of
Commissioners of the county, to extend, enlarge or improve
the Oakland County Project.
10. Each municipality, pursuant to the authoriza-
tion of Section Sa of Act 342, does hereby pledge its full
faith and credit for the prompt and timely payment of its
obligations expressed in this contract and shall each year
levy a tax in an amount which, taking into consideration
estimated delinquencies in tax collections, will be suf-
ficient to pay its obligations under this contract becoming
due before the time of the following year's tax collections:
Provided, however, that the annual tax levy may be reduced
by the amount of special assessment installments, principal
and interest, to be collected and available for the payment
of such obligations and by the amount of cash or other funds
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which the municipality has on hand (or to its credit in the
hands of the county) and available for the payment of such
obligations. The governing body of each municipality shall
each year, at least 90 days prior to the final date provided
by law or charter for the making of the annual tax levy,
submit to the county agency a written statement setting
forth the amount of its obligations to the county which
become due and payable under this contract prior to the time
of the next following year's tax collections, the amount of
the funds which the municipality has or will have on hand
(or to its credit in the hands of the county) which are or
will be available for payment of said obligations to the
county, and the amount of the taxes next proposed to be
levied for the purpose of raising money to meet such obliga-
tions. The county agency shall promptly review such state-
ment and, if it finds that the proposed tax levy is insuf-
ficient, after taking into account such other available
funds, it shall so notify the governing body, and each
municipality hereby covenants and agrees that it will there-
upon increase its levy to such extent as may be required by
the county agency. Taxes levied by the municipalities for
the payment of their obligations to the county pursuant to
this contract shall be subject to limitation as to rate or
amount as required by law in effect at the time each levy is
to be made.
Inasmuch as the Charter Township of Commerce is
not entering into this contract on behalf of any area of the
township incorporated as a city or as a village which area
of the township located in a city or village will not be
served by the Oakland County Project, any taxes imposed by
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the Charter Township of Commerce shall be levied only upon
property located in the area of the township outside such a
city or village.
11. In the event that a municipality shall fail
for any reason to pay to the county agency at the times
herein specified, the amounts herein required to be paid,
the state treasurer or other official charged with the
disbursement of unrestricted state funds returnable to the
defaulting municipality pursuant to the Michigan constitu-
tion is hereby authorized to withhold sufficient funds
make up any default or deficiency in funds. In addition to
the foregoing, the county shall have all other rights and
remedies provided by law to enforce the obligations of the
municipalities to make payments in the manner and at the
times required by this contract. It is specifically recog-
nized by the municipalities that the payments required to be
made by them pursuant to the terms of this contract are to
be pledged for the payment of the principal of and interest
on bonds to be issued by the county, and the municipalities
covenant and agree that they will make their required pay-
ments to the county promptly and at the times herein speci-
fied, without regard as to whether the Oakland County
Project herein contemplated is actually completed or placed
in operation; provided, only that nothing herein contained
shall limit the obligation
cordance with the covenants
the Wayne Contract, Wayne
of the county to perform in ac-
contained herein. As provided in
County will also have similar
rights as to any amounts due to it.
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12. No change in the jurisdiction over territory
in a municipality shall in any manner impair the obligations
of this contract. In the event all or any part of the
territory of a municipality is incorporated as a new city or
is annexed to or becomes a part of the territory of another
municipality, the municipality into which such territory is
incorporated or to which such territory is annexed, shall
assume the proper proportionate share of the contractual
obligations and right to capacity in the Oakland County
Project of the municipality from which such territory is
taken, based upon a division determined by the county agency
which shall make such determination after taking into con-
sideration all factors necessary to make the division equit-
able, and in addition shall, prior to such determination,
receive a written recommendation as to proper division from
a committee composed of one representative designated by the
governing body of the municipality from which the territory
is taken, one designated by the governing body of the new
municipality or the municipality annexing such territory,
and one independent registered engineer appointed by the
county agency. Each municipality shall appoint its repre-
sentative within fifteen (15) days after being notified to
do so by the county agency and within a like time the county
agency shall appoint the engineer third member. If either
municipality shall fail to appoint its representative within
the time above provided, then the county agency may proceed
without said recommendation. If the committee shall not
make its recommendation within forty-five (45) days after
its appointment or within any extension thereof by the
county agency, then the county agency may proceed without
such recommendation. As provided in the Wayne Contract,
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Wayne County may participate in the foregoing provided
procedures.
13. The county shall not be obligated to acquire
or construct any facilities other than those described in
paragraph 2 hereof. The responsibility for providing such
additional facilities as may be needed shall be that of the
municipalities which shall have the right to cause to be
constructed and maintained, either directly or through the
county such necessary additional facilities.
14. After completion, the operation and main-
tenance of the Oakland County Project shall be in accordance
with applicable agreements between the parties and in ac-
cordance with the Wayne Contract.
15. The parties hereto agree that the costs and
expenses of any lawsuits arising directly or indirectly out
of this contract or the construction or financing of the
Oakland County Project, to the extent that such costs and
expenses are chargeable against the county or the county
agency, shall be deemed to constitute a part of the cost of
the Oakland County Project and shall be paid by the munici-
palities in the same manner as herein provided with respect
to other costs of the Oakland County Project. In the event
of such litigation, the county agency shall consult with the
municipalities and shall retain legal counsel agreeable to
the county and the municipalities to represent the county;
provided that if the county and the municipalities cannot
agree as to such representation within a reasonable time,
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the county agency shall exercise its discretion as to the
retention of such counsel.
16. If bonds are not sold to finance the acquisi-
tion and construction of the Oakland County Project within
three years from the date of this contract through no fault
of the county or if the Oakland County Project is abandoned
for any reason the municipalities shall pay all engineering,
legal and other costs and expenses incurred by the county
agency in connection with the Oakland County Project and the
municipalities shall be entitled to all plans, specifica-
tions and other engineering data and materials.
17. All powers, duties and functions vested by
this contract in the county shall be exercised and performed
by the county agency, for and on behalf of the county,
unless otherwise provided by law or in this contract. The
parties expressly reserve the right to amend this paragraph
and/or subsequently to agree, as provided in paragraph 14,
to substitute another public corporate entity or agency in
place of the county or the county agency and to delegate
thereto all powers, duties and functions of either or both
created pursuant hereto or pursuant to law.
18. In the event that any one or more of the
provisions of this contract or of the Wayne Contract shall
for any reason be held to be invalid, illegal or unenforce-
able in any respect, such invalidity, illegality or unen-
forceability shall not affect any other provisions hereof,
but these contracts shall be construed as if such invalid,
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illegal or unenforceable provisions had never been contained
herein.
19. The county and the municipalities each recog-
nize that the holders from time to time of the bonds issued
by the county under the provisions of said Act 342, Public
Acts of Michigan, 1939, as amended, and secured by the full
faith and credit pledges of the municipalities to the pay-
ment of the principal of and interest on the bonds as set
forth in this contract, will have contractual rights in this
contract and in the Wayne Contract and it is therefore
covenanted and agreed by each of them that so long as any of
said bonds shall remain outstanding and unpaid, the pro-
visions of either contract shall not be subject to any
alteration or revision which would in any manner adversely
affect either the security of the bonds or the prompt pay-
ment of principal or interest thereon. The right to make
changes in either contract, by amendment, supplemental
contract or otherwise, is nevertheless reserved insofar as
the same do not have such adverse affect and as provided in
paragraph 17 hereof. The municipalities and the county
agency further covenant and agree that they will each comply
with their respective duties and obligations under the terms
of this contract and the Wayne Contract promptly, at the
times and in the manner herein set forth, and will not
suffer to be done any act which would in any way impair the
said bonds, the security therefor, or the prompt payment of
principal and interest thereon. It is hereby declared that
the terms of this contract and the Wayne Contract insofar as
they pertain to the security of any such bonds, shall be
deemed to be for the benefit of the holders of the bonds.
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20. This contract shall become effective after its
execution by each party hereto and the expiration of 45 days
after the date of publication of the notice required by
Section 5b of Act 342; provided, however, that if, within
the 45 day period, a proper petition is filed with the Clerk
of a municipality in accordance with the provisions of
Section 5b of Act 342 then this contract shall not become
effective until approved by the vote of a majority of the
electors of the municipality qualified to vote and voting
thereon at a general or special election. This contract
shall terminate forty (40) years from its date or on such
earlier date when the municipalities are not in default
hereunder and the principal, interest and bond handling
charges on the bonds issued as hereinabove described are
fully paid and discharged. It shall be binding upon and
inure to the benefit of the parties hereto and their respec-
tive successors and assigns. Nothing herein contained, how-
ever, shall require the county to acquire and construct the
Oakland County Project if it is unable to sell bonds to
finance the same. This contract may be executed in any
number of counterparts.
IN WITNESS WHEREOF, the parties hereto have caused
this contract to be executed and delivered by their respec-
first above written,
CITY OF WIXOM
By:
Mayor
By:
COUNTY OF OAKLAND
By: Its County Drain
Commissioner as County
Agency
By:.
County Drain Commissioner
By:
Mayor
tive duly authorized officers, all as of the day and year
City Clerk
CHARTER TOWNSHIP OF COMMERCE
(only on behalf of the
area of the township
not incorporated as a
city or village)
CITY OF NOVI
By: By:
Supervisor City Clerk
By:
Township Clerk
HURON VALLEY WASTEWATER CONTROL. SYSTEM.
Description of
OAKLAND COUNTY PROJECT
(a) An Interceptor commencing at Sieeth Road near Broadway Road
in Commerce Township, thence southerly to Oakley Park Road,
thence westerly to Benstein Road, thence southerly along
Benstein Road extended to the Chesapeake & Ohio Railroad,
thence southeasterly along the Chesapeake and Ohio Railroad,
connecting to the existing Novi Interceptor at the 1-96
expressway.
(b) An Interceptor commencing at the existing Wixom Wastewater
Treatment Plant, thence east along ChaLms Road, thence south
along Wixom Road, thence east along Porter Road, and connect-
ing to the interceptor described in Section (a) above.
(c) An Interceptor commencing at the existing Walled Lake Central
High School in Commerce Township, extending westerly along
Oakley Park Road, and connecting to the interceptor descrned
in Section (a) above.
Exhibit "A" Rage 3
1.7e-
• ---1
Service Area
Limit
•
Proposed
,Interceptors
Volley
sys:tern)
,
7
)
r!'t
;/4 1-J
- -4
44n1417-
Excluded
from Service
Area
1
1
f. NO VI
-3 rP
•
1 :1
:
1.1
1
•
HURON VALLEY WASTEWATER CONTROL SYSTEM
PROPOSED AND EXISTING INTERCEPTORS
AND SERVICE AREA
OAKLAND COUNTY I MICHIGAN
Exhibit A
t
r
o ro--
.Z
5I;!,
iree6R LAND
,mit,40n1)-::..
::;., 1-L .fl•
;
wrtiTE. LAKE
c 044 R.911CE
4
n LYON
I oz. L.,04
LIVINGSTON CO.
WASKTENAW
CO.;
NORTHFIELO SALEH
1.
_
FiO
F`
NORTH ARM*JAYNE-- :6 PLYmouirn
COUNTY CONNECTION ------
t.0 z
N CFS /I: R
CH,
rt,4 r
4
YOR If auGVSTA
_L WASHTENAW CO
MONROE CO
P4.4.111.,J
0E AR BORN
mEiGmTS
1,.. '0A1( LAND - CO.
CO T
—
)
---HAGGEFIT 1
I 9.. i
1.3VOPtta
4:1
CA,R-Dirve CITY
'4,E3TLANO i ... ,,.,,,4 7n,r..c.C!7:, e"':,... r___,
'..-.----- ,,,n 51744
etre' Cr
OFTqCti
me.w.T.P7
OM) ARM
.s,
LI.L1
r
ARBOR
PITTSFI PITTSFIELD
W EAS TER
ItI)ErtTe.4,
SCIO SUPERIOR 'fl CANTON
HANNAN ROAD---7-7,---5't
INTERCEPTOR
-- TP 5 ,L ANTI
r.;FFLLL LC
RD heULL„!4S VAN BUREN
74. A'T
4R4TnE
TAYLOR
a. irscriaa
r .1 SO
C ,,1 5:E
•nnn
cC
PIUR9P4
1.40NRof." CO
sumPTER
HURON VALLEY
INTERCEPTOR
:41 WAYNE
HURON VALLEY WASTEWATER
TREATMENT PLANT
- zrf
TRENTON
PUMPING
STATION
NTON ARM
irOUTFALL MINAKKKKAPKee
40C IF
It:
Cm ,__,M1P11111PA
'44 11:
T
LAKE ERVE
HUI32ELL, ROTH a CLARK,ING,
Consutting Engineers
.c,„, 1P4 miLes
HURON VALLEY
.WASTEWATER CONTROL SYSTEM
PROPOSED WP.nTEWATER TRE.TATIV7,-.11- PLANT
At)r\j""-7Rri.--"pTEN,Rr::
WITHIN 'AJAYNE COUNTY, MICHIGAN
Exhibit
Palic
HURON VALLEY WASTEWATER CONTROL SYSTEM
Financing, Construction and Operating Contract
THIS CONTRACT, Made and entered into this 14th day of June 1983, by
and between the COUNTY OF WAYNE, a Michigan charter county corporation
(hereinafter referred to as "Wayne"), the City of Flat Rock, the City of
Gibraltar, the City of Romulus, the City of Woodhaven, the Township of
Brownstown, the Township of Canton, the Township of Huron, the Township
of Northville, the Township of Plymouth, the Township of Van Buren, all
Michigan public corporations located in the County of Wayne, State of
Michigan, (hereinafter sometimes referred to as the "Wayne Local Units"), the
County of Oakland, a Michigan county corporation (hereinafter referred to as
"Oakland"), represqnting the City of Novi, the City of Wixom, and the
Township of Commerce, all Michigan public corporations located in the County
of Oakland, State of Michigan, (hereinafter sometimes referred to as the
"Oakland Local Units"), and the Village of South Rockwood, a Michigan public
corporation located in the County of Monroe, Michigan (hereinafter referred to
as "South Rockwood"), all local units in Wayne and Oakland and the Village of
South Rockwood are sometimes hereinafter referred to as the "Local Units" or
individually as a "Local Unit",
WITNESSETH:'
WHEREAS, it is immediately necessary and imperative for the public
health, safety and welfare of the residents of the above-mentioned cities,
village and townships that adequate and proper sewage disposal facilities be
acquired and constructed to serve said cities, village and township or parts
thereof; and
WHEREAS. Wayne under the provisions of Act 185, Public Acts of
Michigan, 1957, as amended, has established a Department of Public Works for
the administration of the powers confirmed upon the County by said Act; and
WHEREAS, said Act authorizes Wayne to acquire, construct, finance,
improve, enlarge, extend, and operate such systems; and
WHEREAS, Wayne and Oakland and the above-named Local Units are
authorized to enter into contracts for the purpose of acquiring, constructing
and financing a sewage disposal system and for the payment of the cost
thereof, with interest, over a period of not exceeding 40 years, and the
counties are then authorized pursuant to appropriate action to issue bonds to
provide the funds therefor; and
WHEREAS, Oakland under the provisions of Act 342, Public Acts of
Michigan 1939, as amended, is authorized to acquire sewage disposal systems
as defined in said Act and to improve, enlarge, extend and operate such
systems and to enter into contracts with respect to the operation of such
systems; and
WHEREAS, pursuant to the authority of Act 94, Public Acts of Michigan,
1933, as amended, 'provisions for the issuance of self-liquidating revenue
bonds allow for the fixing, collection, segregation and disposition of the
revenues of a sewage disposal system and for the payment of said bonds out
of the revenues created thereby; and
WHEREAS, Wayne, pursuant to the provisions of the FEDERAL CLEAN
WATER ACT (33 U.S.C. 1251, etc.) is the applicant for the receipt of federal
grant moneys for the purpose of acquiring, constructing, financing and
operating sewerai-e facilities; and
WHEREAS, the above statutes provide in the opinion of Wayne, Oakland
and the Local Units the fairest and most equitable means of acquiring the
sewage disposal facilities so vitally necessary for the public health, safety
and welfare of the residents of the communities within the area to be served;
and
WHEREAS, Wayne, through its Department of Public Works, has
undertaken to prepare plans and cost estimates for the proposed sewage
facilities necessary to adequately serve the Local Units or portions thereof
located within the service area; and
WHEREAS, Oakland and the Local Units are fully advised as to these
plans and cost estimates; and
-2-
o 34 5,/,
SCA.I• II 11-CS
No in Di s
NoRTIhri E
111P.
\\\ Pt...r!OCTH
\
\-\\ NI VAN 5C7EN ra,
CI3RALTAR.
RD ODD
tR0%,"NST0',ZN
(k )
District Includes:
Tt-rp. of Northville
Twp. of Plymouth
- Twp. of Canton
:r.r1). of Van Buren
.City of Romulus (Part)
Twp. of Huron
City of Flat Rock
Tu? of BrewnFto,,:n (Part)
City of Woodhaven
City of Gibraltar
HURON VALLEY
WASTEWATER coTaoL SYSTEM
DISTRICT
EXHI B IT
6-13-83
WITHOUT ROCKWOOD
s ^3 6
"L..
Hot in Districc
N.\
ORT:.?VILT—E
I
'
\:
\:
N.
\\
CANTON
.30
RM73113.:
n NN
f 103 F, N 111T
WAYPr
ROCKWOOD
.V..
a f`f ._..,..--n-•/"N GIW,LTAF.
) N
\X
--...,,
3\3N
SOUTH ROCK4,00D
Service Area Includes:
Oakland County
.TWp. of Commerce
City of Wixom
City of Novi
Wayne Count y
Twp. of Northvilla
Twp. of PlyMouth
Tvp. of Canton
Twp of Van Buren
City of Romulus (Part)
Twp. of Huron
Cit y of Flat Rock
Twp. of Brownstown (Part)
Cit y of Woodhaven •
Cit y of Gibraltar
Monroe County
Village of South Rockwood
(2)
mac:: VALLEY
WASTEWATER CCTCL =7E:1
sEavicEARFA.
EXHIF,LT "B"
6-13-33
EXHIBIT "C"
HURON VALLEY WAS1TVATER CONTROL SYSTEM
SCHEDULE OF ALLOCATED CAPACITY IN EXISTING SYSTEMS
ALLOC. TR.T. CAPACITY ALLOCATED TRT.CAPACITY 'ALLOCATED TRT.C.APACITY ALLOCATED TRT.CAPACITY ALLOCATED TRT,CAPACITY Z
w o PURCHASED AVERAGE DAY AVERAGE DAY AVERAGE ANNUAL FLOW AVERAGE ANNUAL AVERAGE ANNUAL
i- CAPACITY ANNUAL FLOW SEWERED MASTER METERED SEWERED MASTER METERED EXCESS FLOW H cl COMMUNITY .L1 (1) x 125 gpcd WATER CONSUMPTION (2) x 365 days WATER CONSUMPTION (4) - (3)
(1) x 111 gpcd (3) x 365 days
.,-. (1) (2) (3) (4) (5) (6)
EQUIV. POP, MCD MOD MCI) MCliR MC/YR
DOWNR VERIOUGE VALLEY DOWNRIVT ROUGE VALLEY DOWNR VER7ROUCE VALLEY DOWNRIVE0'ROUGE VALLEY DOWNRIVER ROUGE VATEZ:Y..,
Novi Sputh RV MEI 10.000 1,250 1.110 456 05 ,
Northville RV !;.!1 9,000 1,125 0.999 411 365 46
Noz-zilvElle Twp. RV EEI 20,025 2.504 2.223 1914 811 10")
.T.I.Zmu V MY1 12,000 1.500 2.3:32 548 436 62 -- — -
Plymouth Twp. kV MI 24,000 3.000 2.664 1095 972 123 --- —
Canton Twp. CV CLI 1 4,320 1 .196 1.595 655 582 73 I--
Canton Tap. RV LIU 21,555 2,694 2.391 983 L873 110
Van L...1ren Twp. RV fAl 8,000 1,000 0.888 ---- 365 324 41 —
— -----
Van Burn Twp. DR ELI 13,000 1.625 1.443 593 527 66 --
TOTALS 131,950 1.625 14.869 1.443 13,204 593 6427 527 4818 66 609
RV - Rouge Valley
DR - Downriver
MRI Middle Rouge interc,Ttor
LRI Lcwer Rouge Interceptor
ERI - Eureka Road Interceptor
KEY
6-13-83
fij7:;,./4/7Z;,/,./4/XJ,:..(17./. !:/.!".././,'",'.,..!;!;•,,: ...,,.• .;</,`,.! c://,,,,'..1/ Y./ 7 .<<,/,' ,',,,,N,-,
I
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1
y 44
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fl
WA
yAdovrih,
y,v,f.
• ro
y • u
..Z.,"/
Cir.?* ce_..c.r 604
k
C- i -/Z ,
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' Z.:LL.,' " •
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—
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4. .5,F,a-V60 -•rus
ry• of
ii 5TL
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aren:C=InK=.7—.1
F,X11.1.13IT "C"
7.,
41,.IA 7" / ty OA'
.0• co.vrA.ocr /441
4:947 QA r
FS • FRoJECT .51criood
o1RE,,1 SERVED PIDS
/f-
p3. • D/• P57
123. 0/..P.S
TA Y. rwP., • '•-•
5 - .r21- ps 7
/23- •OZ• PS /2
VA N 6 ti$ E A/ r I'd 49 R2 - fiS
47, ,„
• ..-7/
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Ci r ; 5
,34 tV14.44
tc 0451
,4/".c0Li4 PA •44 nT let AZQics
4." TA/G.G 7'4
07ne
3/4r2 Sr,
Ca, 47 rt1...e
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• -.1
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P3.02- PSIZ
c.= cf.1 =;
AO Al !IL CAS 74VP.
' ,P,er• 02 AS 4
AO ro AIN 7H,.`,0,
2 • PS
ri •:.= C.=-J r:
?3"3 ."/:•-27. i',/,,,.././......, ..,...4-„, •
-
r ;7/
1.7 1.
•
1
1
•
-V
_
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• :1- ()
, n A
• rOive../.51.1/P5.
74 -ez..crz.
sees...1A/0 iwc4r,
1-v%7. c.//, ,••n,0:4 sec./a
•c' 5. /7 4,--70' /d)
cyr ziir 4436.e.A/
," 4,1L4...fG4r er
• R 0 1 41!- (IS •,
/CePr 5EC.5)
Voirv At14.4 4,NO
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0 (0,000' Z0,000
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5ew4GE Di 5,0 054A ,$)--5rF41
C....1"--1 C-1
.1..0.5r/r10 ,rIc5Pro4 ,1
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/ 1/1:-..!"•Z re/. ro .1 5
"-'1), krtNsl )
1Z2
EXHIBIT "C"
HURON VALLEY WASLTTER CONTROL SYSTEM
1.1AXI1 ALLOWABLE RATE OF DELIVERY TO SYSTEM
EXIFESIT "0"
0
.... H
0 ,
H 0 w
i.-.. 0. E H I% t., = 46- ,,,, , ,_ w ,,, . 44 , .,..- H -5 01 .4 74 0 ,._..
'7.-- in <0 is-I p -2.. O cr: .7.-_,
0 OH :--; '.7', LI ---; ,T,, < '-' < -J ;:.-, 04 E-4
-.
-a
a. >4 0
Tf2 ,.. < o ,--, H H 04 < 7.7. 0 , <H 0 LC ,,, < n0 HO H .-4 ' ' E 3 7: C-.) ,{77 < 0 r--1 "--. <01 '6 ''' C.) E-.' 7: L' 1 i--:-1 = '71 .-- "' ;-', •-•• F--, 74 .--7:-1 Z ,'-, .,-.. ,0 00
... ,
..
= 847" c-- cc . 1 0> w = - 0<0 ca z w az -2 ‹1 Z Z,-0 i Z Z 0 . P , , < H . : U
= 0 ...- 0. H t < .-.3 43 0 H CO=;;TITY
c:-..; I crs cfs cfs , cfs crs czs Cfs cfs cfs
Cocimerce To,.. 10.30 1 10.30 10.30 I 10.30 10.30 10.30 10.30 1
1,!ixon 8.69 1 8.69 8.6-9 1 8.69 1 8.69 8.69 8.69 1 !
Novi North 1.86 7 .86 1.86 1.86 1.86 1.86 1.86
NOVi South 18.00 18.00 14.00 I 14.00 14.00 14.00 34 .00 I
e Northvill Top,11.21 I 14_1,7, ! 4,00 14.21 14.1 14,21 1 14.21
1 ,..T.:-.ourh Twr). - 1 15.95 1 15.95 15.95 15.95 1 15,95 1
Canton Too. 1 45.63 45.63 45.63 45.63 1
I Vac. Huron T.-7o.
Romulus
6.80 10.00
1.
10.09 10.00
07
I i HUrell T,..7:". 12.33 12.33 , 17.33
Elat Rock 14.93 14.93 ! 14 -93 i
Sou Cr, P,ockwood _I ____ 1,28 1.28 1.28 1
Rock-wod 1 -
Brawnstown S. 1 2.7 ]
27.03 27.0327.03
Gibraltar 1 11.00 ! 11.00 F 11.00
1.5rovn.7ton Cent, 1 17.03 17.03 I 17.03
TOTAL FLOW- CFS ,35.55 1 50.06 65.01 1 4.00 [ 115.6 1 149.18 1 207.00 I 208.79 55.06
KEY: cfs = cubic feet per second.
6-13-83
-HURON VALLEY WASTEWATER CONTROL SYSTEM
EXHIBIT "E"
SCHEDULE OF ESTIMATED INITIAL USER CHARGES
COMPLETION OF PHASES I & II INTERCEPTOR & PHASE I TREATMENT PLANT
(Treatment at Huron Valley & Detroit Plants)
Basic Rate $2,108/Mi11ion Gallons Sewered Master Metered Water
Excess Flow Rate $520/Million Gallons Excess Flow*
COMPLETION OF PHASE I II & III INTERCEPTORS AND PHASE I TREATMENT PLANT
(All treatment at Huron Valley Plant)
Basic Rate $1,987/Million Gallons Sewered Master Metered Water
Excess Flow Rate $68/Million Gallons Excess Flow*
COMPLETION OF PHASES I, II & III INTERCEPTORS AND PHASES IL III TREATMENT PLANT
(All treatment at Huron. Valley Plant)
Basic Rate with Phase III Federal Grant
$2,844/Million.Gallons Sewered Master Metered Water
Basic Rate without Phase III Federal Grant (1.25/.40 x Phase III Local)
$5,007/Million Gallons Sewered Master Metered Water
Excess Flew Rate $92/Million Gallons Excess Flow*
*Excess Flow = Total Wastewater Treated - 1.125 Sewered Master Metered Water.
Excess Flows will be allocated to communities in accordance with excess flow
formula used in Rouse Valley and Downriver Systems.
6-13-83 EXHIBIT
1 of 1
Debt Service 2,003
Operation A Y.aintenancd 970
Replacement 177
Total Basic Services 3,130
2,804,637(1)
1,351,265(.3)
'47.261(5)
4,411,613 . . 3.337
TOTAL COST B4.546,183
Debt Service 1,153
Operation A Matnteance 732
Replacement 102
Total Basic Services 1,987 -
2,804,687
1,751.502
2.7,861
4,634.050
6,666
6.666
6.665
6.666
6.666
0550
1CQ5
1,947
739
158
2.944
HnON VALLEY WASTFWATFP CONTROL SISTE,F -
EXBIBIT
SC7IFIDqE OF ESTMTSO INITIAL USER CHARCES
1982 .FL0W ;ATER 015310 103
CALCITLATION OFTAILS
FnASES I & IT CALCBLATIONS
ALL 7',_ATB9 BASFD ON 1932 FLOW' & 045E3 CONSATXBTION
!MICE 057 ITT C101.71. A RATES - 7.755 020 Total Sewage Flow
Rates Eased on Water Conse ,ption
Rate
-."$7!:!G
Flow
1100
Cost
596.22
100.00
696.22
580.18
100.09
650.1,3
Easfc O&M Debt Service
Transnortacion Surcharge
Total Basic Services
Rates based on E:SCeSS Flow Sewage
Excess Flow Services
Ticcleortation Surcharge
TOTAL COST'
2.829 718,90671)
4.926 1.782,957(7)
$1,941,863
PITON VALL:TY COSTS 4 LATSS - 5.891 TICO Total Scwase Plow
Rates 5,ne3 on Water Cors.r.orida
Rates Based on Excess Flow Sewage
Excess Flow Services 143 2.574 114,170(6)
7AIL10 COXBISSi) :;1379 %ATES - 14.645 7,30 Tntda Fln;.;
Rates Based om Water Cnsnmetion
Debt Service (117 Plant)
Operataon A!daintemnnc: HV & RV
Replacc,ent Plant)
Total Basle: Services
Rates Sancd on ExcesSloe S,
2.304,DE7()
2,013,121(1),0)
27.56.1f5)
2,103 6.666 5,130.':-19
Excess Flow Services 520 7.147 1,157,327(2)+(9)
TOTAL COST $6,483,045
PHASE III CALCULATIONS
117102 VALLEY COSTS A RATBS - 14.646 Total Sewage Flow
PHASE T., II A ITT - I PLANT ADDITION - 1932 085F.7 033S117TION
Rates Based on Water Bonsuptian
Rates Based on Excess Flow Sewage
Excess Flow Services 68 7.147 177.352
TOTAL COST $5,011,432
PHASE.113 III InT2,C.E7T01S 11111 AOOITIONS -15,82 ',-;,,,TER
Rates Based on Water Be.nsue.nzion
De.‘c,,i Service
Operation A
Re31,1cenent
Total B.asic Sr
Races Based on Fore .., sewaqe
[2,804.637 (10 1)
II)
1,797..573
6,9
92 7.147
TOTAL COST $7,160„:50
Races Based on Water
Without Phase III So6eral
Debt Setvtce
Operation &
Rep 13cenent
[2,904,687 (F:l I)
(7.19t.000 iBd 11)[1.21/.12I.!
1,791,373
5,007 6.666 S12.133.7:.
E.XHIEIT "E H
2 of 2
6-13-83
6 -13 -83
WITHOUT ROCKWOOD
EXHIBIT "E
3 of 3
HURON VALLEY WASTEWATER CONTROL SYSTEn
, • EXHIBIT. "E "
SCHEDULE OF ESTIMATED INITIAL ANNUAL USER CHARGES
ESTIMATED ANNUAL DEBT SERVI C E COST
SEVERED PHASE I PHASE III PHASE III
MUNICIPALITY WATER LOCAL SHARE LOCAL SHARE FEDERAL SHARE
USAGE
AVERAGE 1 - % $2,804,687 $1,932,812 $5,263,195
MGD
Commerce T. 0,000 0.0000 . - - 1 -
Wixom 0.750 11.6063 1 325,520.39 224,327.95 1 -
FoMoCo 0.900 13.9276 390,625.59 269,194.32 -
Novi 0.330 5.1068 1 143 229,76 98,704.84 I -
Novi, S. 0.650 10.0588 282,117.86 1.94,417.69 _
OAKLAND COUNTY 2.63 40.6995 - _ 2,142,094.00 AS
Northville T.0.000 0.0000 0.00 0.00 -
Plymouth T. 0.125 1.9344 54,253.37 37,388.12 -
Canton N. o Jtall ! 9,4641 13.072.16 , 8,974.05 _
Canton, S. (L044 0.680 9_ 19,097.11 13,160.52 _ _ r an Buren, N. 0.0D0 L0.00 0,00 0.00 -
2aLe2_- -5:2----___-11-0-C-,---Th 00 H000 _I
-----CLQ_Q__-=--
!Huron T7,7D. 0-376 1 5-81S6 ! 1.3.191.52 112,462.59 -
I F l at Rock _......0.=1_1,59 4 1 269,098.50 185,445.58 1 -
South Rockwood .0.075 I. 1.1606 1 3_2,551.20 . 22,432.22
Rockwood 'O.DD_M_D.J__--______O_tLn_.___c_:00 -
1 Brownstowm S. pn 78,124.56 53,838.48 -
2---- 225 -E1 -3-L-9-5---- _
Woodhaven 1.15.L.,
!Gibraltar 4 7 I 7.1660 '2 06,596.05 142,372.$6
WAYNE COUNTY
ASSURANCE 3.832 59.3005 - - 3121,101.00
TOTALS
6.462 1100.0000 ! 2,804,687.00 1,932,812.00 5,263,195.00 1 1
PAGE 1 of 3
EXHIBIT "F"
SCHEDULE OF INTERcEarma OBLIGATION WITHOUT FINANCING COSTS
INTERCEPTORS LOCATED IN WAYNE COUNUY
COMMUNIIY PHASE 1 OBLIGATION PHASE II OBLIGATION PHASE ill CBMGATION TOTAL OBLIGATION
% of 'Mtal Est.Amt. of % of TEE1 ---"--M3t. Amt. of % of Meal Est. Amt. of % of lotal i Est- Amt. of 1
Co r. Tata/ Cost. Co 5t Total Cost * Cost Total Cost * Cost i Tptal Cost * .........-__+______ 1
amerce 6.00 879,911.90 6.46 1,026,845.62 8.62 1,538,683.00 7.12 3,445,440.52
Wixom 5.06 742,372.28 5.45 866,338.68 7.27 1,298,170.42 6.00 2,9.06,881.38
1.A.P1 N. 1.08 158,896.71 1.17 1WJ,430.37 1.56 277,859.25 1.29 622,186.33
Sold S. 9.04 1,125,392.44 8.73 1,39,712.50 11.71 2,091,413.80 9.94 4,812,518.74 i
';..,,..AND COUNTY 3 1p6 573.33 3,474,327.17 5.206 126.47
I,
Nurthville Ti..1) 7.62 1,116,889.95 10.76 1,709,512,18 11,89 2,122,765.01 10.22 4,949,187.14
1 ,,, ,1Iroith Twp 5.77 846,616.75 10.00 1,590,115.31 13.35 2,382,717.86 9.95 4,819,449,92
C,Inton 16.53 2,422,013,94 28.63 4,549,025.81 30.57 5,459,368,95 25.67 12,430,408.70
WinRuren Twp 3.62 530,794.20 4.84 769,207.58 5.50 982,119.12 4.71 2,282,120.90
ir til.:1 us -0- -0- .46 72,A8.91 .38 68,315.70 .29 140,904,61
H0tun T....,p 4.46 654,469,25 2.21 351,752.09 3.64 649,397.80 3.42 1 (n55,619. 1 ,-;
rldt, Rock 5.40 792,475.74 2.68 425,925.26 4.40 786,334.88 4-14 2,00';,735,90
35., R:ickw:xxi .46 67,941_67 .'>3 36,516.03 .38 61,415,18 .36 171,872.88
-0- -0- -0- -0- -0- -0- -0- -0-
S .49 71,363.77 .45 71,914.44 .06 9,828.50 ,32 153,106.71
W .,.<.:11averi 18.53 2,724,661.45 9.76 1,552,091.15 .33 53,387.77 8.93 4,335,140.37
Gi 3 ta1 1 ar 4.18 613,570.98 1.09 173,859,07 .13 23,761.21 1,63 811,191.26
Isiwn:An Cent. 31,71 1,716,647,55 7.03 1,117, 3.45 .21 36,786.67 5.93 2,671,187.77
_ i
0'01`1,1,
1,:,1WNI: MONTY 11 557,445.35 12,420,261.30 12,647,218.65 36,624,975.30 ......
'IX frAl, 100.00 14,664,018.68 100.00 15,894,588.47 100.00 1-7,853,345.22 100.00 48,411,952.27
_ .....
INTERCEPTORS 1D55TE3J IN OAKLAND COUNTY
'NORM AM 01E0630 COUNTY INTERCEVfOiZ'
-
UcJI),..rc&2 26.51 1,387,343.67
3x,:,,1 22.37 1,170,487.04
Novi N 4,79 250,530.02
NY.i S 46 ,33 2,4,90
'D.,
0,k06ry0 Coun v 100,00 5 I 232 , 844.81 5,232,344,81
TOTAL OBLIGATION WITHOUT
FINANCINr, COSTS . 51,644,797.08
--
C,Alfity 78.81Z 58.79 70.8.4Z
',- , _
c},ai 1,1Ikd f:,,t.lw v 21 19/. 41, 71Z 29 , 16i
5_1±,_62
4-22-83
R(:v, 4-25-83
5-10-33
6-13-83
EXHIBIT "F"
PAGE 2 of 3
EXHIBIT "F"
SCEEDULE OF INTERCEPTOR OBLIGATION WITH FINANCING COSTS
INTERCEPTORS =am IN WAYNE COUNTY
COMMUNITY PHASE I OBLIGATION PHASE II OBLIGATION * PRASE III OBLIGATION * TOTAL OBLIGATICN * ,....._.- Phase I 9 36 Months
36 Months Cap, Interest 8 10% = ' 32 Months Cap. Interest 9 10% = 20 Months Cap. Interest 8 10% = Phase II 8 32 Months
Oakland County Cost x 1.25000 Cost x 1,20992 Cost x 1.09279 Phase III @ 20 Months — ......
Craoirerce. 1,099,889.88 1,242,401.05 1,681,457.40 4,023,748,33
Wixom 927,965.35 1,048,200.50 1,418,627.65 3,394,793.50
Novi N. 198,620.69 224,155.91 303,641.81 726,618.61
Novi S. 1,656,740.55 1,686,700.47 2,285,476.09 5,630,917.11
TOTAL
OAKLAND COUNTY 3,883,216.67 4,203,657.93 5,689,202.95 13,776,077.55
36 Months Cap. Interest 8 12.5$ 32 Months Cap. Interest 8 12.5% 20 Months Cap. Interest 8 12.5%
Wayne County_ = Cost x 1.35479 = Cost x 1.29845 = Cost x 1.13004
Northville Twp 1,513,151.34 2,219,716.09 2,398,231.97 6,131,699.40
Pipouth Twp 1,146,987.91 2,064,625.22 2,692,566.49 5,904,239.62
Canton 3,221,320.27 5,906,682.56 6,169,305.29 15,357,303.12
Vanhuren Twp 719,114.67 992,777.58 1,109,833,69 2,227,726.14
km.,,a1us -0- 94,253.07 77,199.47 171,452.54
i ik fron T,,rp 886,668.40 456,732.50 733,845.49 2,077,245.39
Fiat Rock 1,073,618.21 553,042.68 888,589,87 2,515,270.76
So. Rockwood -0- -0- -0- -0-
PwkwtAxl -0- -0- -0- -0-
Brwnstn S 96,682.92 93,377,30 11,106.60 201,166.82
Wck3h,wen 3,691,344.09 2,015,312.75 65,980.52 5,772,617.36
Gibraltar 231,259.83 225,747.31 26,851.12 1,033,858.26
Brwnstn Cent. 2,325,697.07 1,451,346.97 41,570.41 3,818,614.45
TOT.,,:1,—
WAYNE COINTY 15,565,864.71_ 16,079,674.03 14,215,681.12 45,861,219.26
'ITYI'AL 19,449,081.38 20,283,331.96 19,904,834,07 59,637,297.41
Page 3 of 3
•FVIXJI9IT "F"
SCHEDULE OF INTERCEPTOR OBLIGATION WITH FINANCING COSTS
INTERCEDTORS LOCATED IN OAKLAND COUNTY
"NORTH ARA OAEL,TM COUNTY INTERCEPTOR"
32 Months Cap. faerest @ 10 % =
Oakland County CoF,t x 1.20992 * TOTALS* -
CCEMERCE 1,678,574.85
1,dixom 1,416,195.68
N(,,ii N 303,121.28
Nvi S 2,933,431.78
Toral
C4fk1and County 6,331,323.59 6,331,323.59
INTERCEPTORS LCCATED IN 16OWNE COUNTY
Sagil 10CK8OOD
[
36 Months Cap. Interest 9 12.5% 32 Monthn Cap. Interest 9 12.5%
= Cost x 1.35479 ,,,, Cozt x 1.29845 *
20 Months Cap. Interest 9 12.5%
--, _Cost x 1.13004 *
_ _ _
::.0. kockd 92,046.70 47,414.24 76,181.85 215,642.79
iotal Oakland
4,..dyne & So. 19,541,128.08 26,662,069.79 19,981,065.92 66,184,263.79
Rockwocal
EXJJIB IT F" 4-22-k fl
Rev. 5-10-83
6_13_83 Without Rockwood
* At the time these schedules were. prepared, sufficient federal funds had been
authorized for Fiscal Years (FY) 1982, 1933, 1984 and 1985 to provide the full
75% funding of eligible costs for all rree phdes of the project, Since
federal funds can only be iappropriated on an annoal basis , only 1982 and 1983
funds have been appropriated, whicll ace sufficient to fund enly Phase I at
this time. FY 1984 funds should be appropriated sometime near Sept either of
1983 and FY 1985 funds should he appropriated sometime near September of 1984.
1-he schedule for FY 1984 and 1985 federal appropriations appear to be sufficient
to provide 75% funding of (digit:A(2 costs of Phase II and III respectively.
Wayne County advi.sors have assured that there appears to be little or no
chance that the FY 1984 and 1985 appropriations will not be made; however,
if FY 1984 and/or 1985 funds were not appropriated, the coat of completing
the facilities, as presently designed, are shown on Table IV.
TABLE
Description of Facilities
Included in the Project
Phase
Interceptors:
1. An interceptor commencing approx. 600' west of the intersection of North-
ville Rd. and Seven Mll Rd. in Northville Tap,, and terminating approx.
200' east of the intersection of ccx Rd. and E. N. Hines Dr. in elymoutb
Twp.
2. An interceptor commencing at the existing Flat Rock Wastewater Treatment
Plant, approx. 100' northest uf the intersection of Van Riper and Heron
River Dr., Flat Rock, and terminating at the proposed '.4-a5tewater Treatment
Plant, east of the intersection of Jefferson Ave. and Streicher Rd., arovns-
town Twp.
3. An interceptor commencing at a pumping station located at Van Horn Rd., and
Renck Rd., Woodhaven, continuing west to Allen Rd. thence south to Vreeland
Rd. thence east to Jefferson Ave. thence south and terminating at Jefferson
Ave. and Streicher Rd., Brmolstown T.
4. An outfall interceptor commencing at the proposed wastewater treatment plant
in 3ro=,.-nstown Twp. thence south to Lee Rd. (approx. 1600 ft. cast of Jeffer-
son Ave.) thence east and terminating at a point in the Detroit River approx.
3500 ft. east of the west shore line.
Treatment Facilities:
A secondary wastewater treatment facility located north of Lee Rd. and east of
Jefferson Ave., Brownstown TI:p.
The pump station, solids handling building, maintenance bldg., Chemical bldg.,
disinfQcticn tank„ blower bldg. and ash Lagoon are for a design of 2'4 tICD.
The primary tanks, biological treatment. tanks, final clarifiers and equipment
in the solids handling bldg. are for a design of IZ no.
Phase II
Interceptors:
1. An interceptor commencing at Five Mile Rd. and Haggerty Rd. in Northville
Tsp. thence south to Sclanoicraft Rd. thence west along Sehoelcraft Rd. and
Wilcox Rd. and terminating approx. 200 ft. east of E. N. Hines Dr., Plymouth
Twp.
2. An interceptor commencin at the Lower EICYOZEZ River and Eannan Rd., Carton
Twp., thence south to a point approx. 400 ft. soucO of %;ath'2 Rd., Van 3uren
Twp. thence west and south through Huron Clinton Metropolitan Authority's
Lower Huron and RUles Metroparks to a point of crossing with the existing
24" Sanitary Flat aock-Huron interceptor sewer located approx. 500 ft. west
of the east line of Sect. 16 T. 4 S., R. 9 E., and approx, 100 ft. north Qf
the Huron River, Huron Township.
3. An interceptor commencing at Van Horn and Allen Rd. in 1;nodhaven, thence
westerly to the Woodhaven westerly boundary,
4. An outfall interceptor from the teminus of the outfall described in Phas,e ,
I - Interceptors, para. 4, and extending east into the Detroit River an
additional 3300 ft.
5. (a) An Interceptor commencing at Sleeth Road near Broadway Road in Coamerce
Township, thence southerly to Oakley Park Road, thence westerly to
Benstein Road, thence southerly along Benstein Road extended to the
Chesapeake S Ohio Railroad, thence southeasterly along the Chesapeake
and Ohio Railroad, connecting to the existing Novi. Interceptor at the
I-96 expressway. -
(b) An Interceptor commencing at the existing Wixom Wastewater Treatment
Plant, thence east along Charms Road, thence south along ';,iixom Road,
thence east along Porter Road, and connecting to the interceptor des-
cribed in Section (a) above.
(c) An Interceptor commencing at the existing Walled Lake Central High
School in Co7..marce Township, extending westerly along Oakley Park
Road, and connecting to the interceptor described in Section (a)
above.
Phase III
Interceptors:
I. An interceptor co=encing with the ferminus of the interceptor described in
Phase I - Interceptors, para. 1, thence south and east along R. N. Hines
Dr., to Haggerty Rd.
2. An interceptor oorrnCcclne with the terminus of the interceptor described
in PI-Lase II - Interceptor, para. 2, end thence south and east through
Huron Clinton Netrepolifan Authority's dillow and Oakwoods Metroparks to
Telegraph Rd., thence east to the interceptor described in Phase I - Inter-
ceptors, para. 2.
Treatment Facilities:
Additional primary tanks, biological treat m ent tanks, final clarifiers and
equipment in the solids handling bldg. are ad ,,,.ed to the facility describer-3
in Phase I - Treatment Facilities, to brin::,.7, the total plant capacity to 24
NOD,
An administration and laboratory bldg. are added.
An addition to the Wayne County's DPU maintenance facility, located at 29500
Wick Rd., Romulus.
6-13-83
Idlt. F0
HUBBELL, ROTH & CLARK,INC.
Consulting Engineers
/ /j
/
liT-GII-L,AN0 L AK
/ / //- •
COMMEIRCE TIM?.
ARM
o
C.1
,• A
CO M *E1R E
fl
ETON
i n
kalr
LIVINGSTON CO
--r- WASHITEN$W CO
E RS TEA E.IGATHK n EL0
E1051T,,HVP._,_
'
C-1 S A L Eld
EXISTING INTERCEPTOR
OAKLAND CO
wArNE CO
HAGGERTY 110)ND ARM
LIVON€A
I 1 0 ALTMOL!TA ,./
'LI a XIISTING INTtRCEPTOR ----7,--------- V./,-- ..,,,
S UP' E
1 I
C 0 13
6-11
VAN BuREN c t
;
LAP.4. i'"fl
1,41 <
LI\ 11( LI t/j
- 1 0 A
Li
I
s c " ‘•-•\1 Api-da*
1 I I
I
'71
114 .11 •
1.1,,C-11C lz
-41 .:J C- il A "
PIT TSFiEt0 ;
/ /-
11-E*411.0
DEA.990NN CrET
DETA0IT
EVTLAND
varm-E
:F10*uLu.504-71-1:.-TtC
t PARK A.__
-
- - II: )
-vORn
i////
HURON
77;2; vTu... C - 4 A
RENTON
ARM
14:as C-38
0-6/
C-2A/ 'A LAKE ERIE
C-28'
C-3A
WASH .T.K.,WAW CC;
PONROS CO
, .
i.,o/oRoEzzto
C-7
C-68
C-6A
LEGEND
PHASE 1
2
3
STUDY AREA
2e...NU AZignfilaglig*Aita
FoonEONARWASEEMEMEEM
77777. COMMUNMES NOT 777 ,
/ A PARTICIPATING iN
HURON VALLEY
LOCAL SEWER
( Phase 2 ) 0 .1 2 S 4 5 6
SEAL. E *ILE s
0
4 VINGSTON WAYNE COUNTY DEPARTMENT OF PUBLIC WORKS
HURON VALLEY
WASTEWATER CONTROL SYSTEM
JUNE 1983 TABLE PLAN OF FAG TIES
TOTALS 192,105,520 $101,537,790
WITHOUT ROCKWOOD TABLE It
HURON VALLEY WASTEWATER CONTROL SYSTE
COST OF PROJECT
TABLE II
The following estimated costs include all surveys, plans, specifications,
acquisition of property for rights-of-way, physical construction necessary
to acquire and construct the system, the acquisition of all materials,
machinery and necessary equipment, and engineering, engineering supervision,
administrative, legal and financing expenses necessary in connection with
the acquisition and construction of the system and the financing thereof,
included capitalized bond reserves, capitalized interest and capitalized
operation and expenses as specified.
INTERCEPTORS TOTAL TREATI1ENT PLANT TOTAL
PEASE I Local $19,541,132 $17,950,000
Federal 37,967,650 37,792,550
$ 57,508,782 $ 55,742,550
PHASE II Local 26,662,071
*Federal 46,296,120
$ 72,958,191
PEASE III Local $19,981,066 $12,370,000
*Federal 41,657,481 33.425 240
$ 61,638,547 $ 45,795,240
TOTAL INTERCEPTORS & TREAT=I PLANT - $293,643,310
*The shares in Phases TI and III, designated as Federal, are only anticipated
at this time- To the extent these grant funds would not be made available,
the applicant would be required to fund these costs by its available legal
authority.
6 -13 -82
TABLE III
LOCAL WASTEl.;.ATFR FACILITIES
Description of Local Wastewater Faullitivs
BROWNSTOWN TOWNSHIP I_TERCEPTORS
Treatment Plant
COST:
Estimated Total Cost
Estimated Local Share
Estimated Federal Grant
COST ALLOCATION:
torceptor - Brownstown Twp. - From Lee Road
Pump Station 'i, Force ::aip to hV
Treatment Plant Wet Well,
$ 221,625
$ 64,715
$ 156.910
Brownstown Township 1005
Allen Road Interceptor - Brovnstown Township - Interceptor
in Allen Road from Vreeland South
to a point 1,527' south of Vreeland,
COST:
Estimated Total Cost
Estimated Local Share
Estimated Federal_ Grant
$ 512,500
$ 149,650
$ 362,850
COST ALLCCATION
Brownstown Township 1005
CM1ERCS TOLSSGIF COLLECTOR SRl:ERS - Cor,imerce Township - 3,375' of 12" Collector Sewers
in Commerce Road, Oakley Park Road and South Coo-
COST: merce Road
Estimated • Total Cost $ 168,750
Estimated Local Share $ 168,750
Estimated Federal Grant 00
COST ALLOCATIC;
Commerce Township 1003
CANTr)N TOVNST:TP III=CTPTC:75
Cherry Hill Interceptor - Canton Township - An Interceptor
in Cherry Hill Road from the Hannan
Road Interceptor to Sheldon Road,
COST:
Estimated Total Cost
Estip.,ete.,l Local Share
Estimated Federal Grant
COST ALLOCATION:
$ 1,952,625
$ 570,165
$ 1,382,460
Canton To,znship 1007,
Warren Interceptor - Canton Township - An Interceptor in
Warren Road from the Hannan Road
Interceptor to Haggerty Rd.
COST:
Estimated Total Cost
Estimated Local Share
Estimated Federal Grant
$ 2,809,875
$ 820,485
$ 1,989,390
COST ALLOCATION:
Canton Township 100%
CMALTAR ll:TERCEPTOB. Gibraltar - A Pumpig Station and Force I'tai)n. from
South Cibralcar Road toiefferson Avenue.
COST:
Estimated Total Cost
Estimated Local Share
Estimated Federal Grant
COST ALLOCATIO:
Gibraltar
$ 681,250
$ 198,925
$ 482,325
100k
6-13-83
6 61.)ia
750,050
J.
656.5)
33,425,240
19,511,16,, (59,:3
13,6D=),072 140,70-3
Censtrnetion
DeFian
Casitaliced
Canita1icd larerean
Seh-Teial
Los,: Ttlicrest Fornod
*Uriacncopriated Fedcral ((r u t
Wayne Ccnnty \asarnnan
Oakland Cogrty
(Inc 10:01100 1,1.'esi))n
Casitalined intcres:
Soh-Total
Less Interest Farnea,
Bond Isiale
S12,647,219
32 1do) _•_2,%9„551!(("2 1)lo)
15,61)5,7
512,421,261
l)lo)
1311,1
.16,127,059
$11,557 ,a
1.5,65 7 ):,T7
3,474,377
Daia of Issue 11 /45/63
25 Years
3/15/87
Seni -Anrud:
25 '-:c-ars •
9/157.64
5115167
Yatgci5 ' 25 'ig,ars
lot Piva..ent Dun (rac,italizindi 5/15/6a
Is; ?a ,r1cnt Due . 5/15:5 7
7"..77".8C1'5TC) 3O1 lb5
LaclIit_ies in 11)y:no Count:, .-,.
0akI7,n3 Shnre Fan',lit:,)s in 1.0;)
5le,"
Construction 7. lesion
Caaitcli;:ed Inti.,cest
Suh-Tnral
Less intercst
Bond Isnne
3,121,,577
Nol
7a,n1y 7nCen7ehLeis st 1.)3 '
5,204,1i'6
aa..c20 No)
6a154.!
465,-1 ,3
Consrructicn 4 2.,-ian 5,232,815
C.apitnIaccd 1,563,9 71(32 'Jo:"
SrhaToral . 6,/9 ,,)-6
Less Interest Farne)). 466,422
Bond Z)":5,A0 6,331,324
TOTAL)-l..NT11 1951.33 26,662,071
*Lnanarapriared Fejerdl C,77,6:7 Aapral5iatg..1 41,657,4B1
Wavne Ce):nty 27.717,13113.79'.) (133 .797.) :1911 1..3,159 370.84-1
Oakland County Assnracca 19,073351(1.21
*At the ti171). these sch).)1gl,s i Ocr pr,apare..!, ciii lie ie0t fedecol taalels bad oeen Cuibarized for Fiscol is-.cr s 4)c3
19'62, 1963, 1964 anL 1955 to previd6 the ftll 751; funding ef eligible cia,cs for all three plia,es of the proji,c.t.
Since ),-)Lq-01 iund, can oal . be anpro?ciatc.5 en an annoal ba,i,, only 1962 aad 1963 iunds have been appropriated,
which ore ..)alt)ii:ienc ta tunj en:y 1 it thIS toys. FY 19054 Panda ,hoold be arpropriotej somarin, near
Sentcnb,r a) 1963, Jo," 759.) Sc ,Tprenc59t6e. so6tina n,,c ni 1934, The schedule fol.
FY 19:64 and 1955 f.,,,derdl a,•.),eacii to be suit'igioat to prea)ae 79 londing of eligible costs 01
Phases .15 and Ill ras ..a-tiel:, WaYae ncy advisors have ass,ree. ihat theig apo2ars to be little or no
that th, 1984 anl '...111 not be made; ho,gv,r, Ii 1,-)64 an2 l585 (cOdy wefe not appropriai,a.
the lederal ()rani tl;)g9e)., cu,i oF conTletin)) the .F.anilities as preenity desigoed.
6-13--83
TABLE PC WITHOUT ROCKTMOD
1
June day of this 23rd
#83166 June 23, 1983
Moved by Hobart supported by Foley the resolution be adopted.
AYES: Olsen, Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell,'
Calandro, Doyon, Foley, Fortino, Geary, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni,
McDonald, McPherson, Moffitt, Nelson, (22)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #83166 adopted by the Oakland County Board of Commissioners
at their meeting -held an
with the original 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
LYNN DyfALLEN, County Cierk/Reyister of De.E
WHERFAS, in order to secure Federal grants and finance the local
share and to issue bonds, it is necessary that Wayne, Oakland and the Local
Units enter into contract, in accordance with the above stated statutory
authorities;
NOW THEREFORE, in consideration of the premises and the covenants
of each other, the parties hereto agree as follows:
l. The parties hereto approve the establishment of wastewater
disposal system in the counties of Wayne and Oakland, to be
known as the Huron Valley Wastewater Control System. The
system shall serve an area in Wayne. Oakland and Monroe Counties
as described in Exhibit "B" attached hereto and made a part
hereof (the "service area"), by construction of the facilities
as hereinafter described (the "project"). The term "system'', as
used hereinafter, shall consist of those interceptors and treat-
ment facilities as are included in the "project". (see. Table I-
description). For purposes for financing those facilities located
in the County of Wayne there shall be established within Wayne
County a district to be known as the Huron Valley Wastewater Con-
trol District as described in Exhibit "A" attached hereto and made
a part hereof. (the "district").
2. The project shall be constructed as hereinafter provided in three
phases. Such phases and the facilities to be constructed within
each phase are described in Table I attached.
3. The parties hereto approve the total estimated cost of the entire
project and the cost of each phase set out above in the estimated
amounts as set forth in Table IT attached hereto and made a part
- hereof. Said estimated costs include all surveys, plans, specifi-
cations, acquisition of property for rights-of-way, physical con-
struction necessary to acquire and construct the system, the acqui-
sition of all materials, machinery and necessary equipment, and
engineering, engineering supervision, administrative, legal and fin-
ancing expenses necessary in connection with the acquisition and
construction of the system and the financing thereof, including
capitalized bond reserves,
capitalized interest and capitalized operation and maintenance expenses as
specified, as well as bond insurance and letter of credit costs, if necessary.
4. It is anticipated between the parties hereto that the Project to be
built shall qualify for a segmented federal grant in accordance with the Code
of Federal Regulations, Part 40 §35.2108. For purposes of financing the
Project, it is anticipated that the Project shall be eligible for federal grants
with respect to Phase I, Phase II and Phase Ill in the amounts as noted on
Table II. The applicant, Wayne County, in accordance with the requirements
of said §35.2108 agrees to complete the treatment works regardless of whether
or not grant funding is available for Phases II and
5. Wayne and Oakland will acquire, construct and finance the Project
within their respective jurisdictions, and will cause bids to be taken for such
acquisition and construction and will issue county bonds in accordance
herewith. Wayne and Oakland, with the consent of all Local Units, may
hereafter agree, by amendment to this Contract by supplemental contract or
otherwise, as provided in Section 33 hereof, to substitute another public
corporate entity or agency in place of each county and to delegate thereto all
powers, duties, and functions of each county created pursuant hereto or
pursuant to law. In no event will any final contract or contracts be entered
into for the acquisition and construction of any phase of the Project prior to
the sale of bonds necessary for the financing of that phase of the Project.
The System shall be acquired in accordance with plans and specifications
therefor, as set out in the preamble hereto which documents are approved by
this Contract. The Project shall be acquired and constructed substantially in
accordance with said plans, and in accordance with the final plans and
specifications to be prepared and submitted by the consulting engineers, but
variations therefrom which do not materially change the location, capacity or
overall design of the Project, and which do not require an increase in the
estimated cost of the System, as set forth in Table II, attached and made a
part hereof, may be permitted on the authority of Wayne. Other variations
or changes may be made as approved by Wayne and by resolutions of the
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governing bodies of the Local Units effective as required by Section 30
hereof. All matters relating to engineering plans and specifications, together
with the making and letting of final contracts or acquisitions and construction
of the Project, the approval of the work and materials therefor, and
construction supervision, shall be under the exclusive control of Wayne as to
those facilities in Wayne, and under the exclusive control of Oakland as to
those facilities in Oakland.
6. The Local Units, by way of compliance with Section 29, Article VII,
Michigan Constitution of 1963, consent and agree to the establishment and
location of the Project and any extension, improvement or enlargement
thereof, within their corporate boundaries and to the use by Wayne and
Oakland of their streets, highways, alleys, lands, rights-of-way or other
public places for the purpose and facilities of the Project and any
improvement, enlargement or extension thereof, and the Local Units further
agree that in order to evidence and effectuate the foregoing agreement and
consent, they will execute and deliver to Wayne and Oakland such grants of
easement, right-of-way, license, permit or consent as may be requested by
Wayne or Oakland.
7. For the term of this Contract, South Rockwood and all Wayne and
Oakland Local Units hereby agree to transmit to the System all wastewater
collected within their boundaries in the Service Area, except as provided in
Section 12, at reception points in the System designated by Wayne or
Oakland, and Wayne agrees that the System shall accept, treat and dispose of
such wastewater. Wayne and Oakland agree that all Local Units shall retain
the right to deliver wastewater in amounts as hereinafter provided to the
System for the term of this contract, including any extension thereof, so long
as Oakland and said Local Units shall continue to pay amounts specified
herein for such service. Neither Oakland nor any Local Unit shall have the
right unilaterally to terminate or reduce such payments, but if such parties
hereto shall breach such obligation, Wayne shall be authorized to terminate or
reduce such delivery rights or to transfer such delivery rights to other
-5-
public corporations, whether a party hereto or not, subject to the provisions
of Sections 9 and 10.
8. The parties hereto agree that Wayne will be responsible to operate,
maintain and administer the facilities located in the District, and Oakland and
the Local Units will pay Wayne for such service. Wayne will cause the System
to be operated, maintained and administered on the basis of sound public
utility operational procedure and in compliance with contractual and legal
obligations applicable thereto. Wayne will use its best efforts to keep all
facilities of the System in proper repair and working order. However, Wayne
shall not be liable to any Local Unit or any individual user therein for any
interruption in service. Wayne and Oakland will comply with all applicable
federal, state and local regulations relative to the System's construction,
operation and maintenance.
9. The parties hereto agree that the Project is immediately necessary
to preserve and protect the public health. The parties further agree,
however, that the Project is intended to serve the Local Units in the Service
Area and not individual users therein, unless by special agreement between
Wayne or Oakland and a Local Unit wherein a user is located. Wayne and
Oakland shall place upon the Local Units the obligation to require connection
to available sewer facilities and, to the extent permitted by law, to prohibit
the acquisition or maintenance within the Service Area of any public sanitary
sewer or public or private sewage disposal facilities which do not connect to
the facilities of the System, except by specific written approval of Wayne and
Oakland. The responsibility for collecting wastewater and delivering the same
to the System shall be that of Oakland, South Rockwood and each Wayne Local
Unit, South Rockwood and the Wayne Local Units shall cause to be
constructed and maintained, in accordance with regulations of Wayne, the
collector facilities, and Oakland shall place a similar responsibility upon the
Oakland Local Units based upon regulations of Oakland which shall conform to
and be at least as stringent as regulations of Wayne. Wayne and Oakland
shall not be obligated to serve areas outside of the Service Area or to
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construct facilities other than those described above, but Wayne and Oakland
may, with the approval of the Rate Review Committee, contract to serve areas
outside of the Service Area, so long as the rights of the parties hereto are
not infringed upon, any revenues from such service outside of the Service
Area inure to the benefit of the System and appropriate buy-in payment to
the System is arranged.
10. Regardless of any provisions in this Contract to the contrary, no
Local Unit shall directly or indirectly assign any part of its rights hereunder
to any other Local Unit or any other municipality, person or entity without
(1) according to all other Local Units a right of first refusal to take the
rights proposed to be assigned and (2) receiving Wayne's consent to such
assignment, and if any Local Unit involved is an Oakland Local Unit, the
consent of Oakland as well. Notice of such proposed assignment, together
with all relevant details thereof, shall be sent to Wayne, Oakland and all
Local Units by certified mail and unless within forty-five (45) days after such
mailing Wayne, and Oakland if involved, shall have sent to the assigning
Local Unit written refusal of consent or any Local Unit shall have sent to the
assigning Local Unit written offer to take such assignment on terms agreed
upon as hereinafter provided, the assigning Local Unit may make such
assignment. If any Local Unit desires to secure the rights proposed to be
assigned, then in that event, the terms of such assignment shall be mutually
agreed upon by the assigning party, the requesting party, Wayne and
Oakland if involved. If more than one Local Unit elects to take up such
proposed assignment, the assigning Local Unit may negotiate with each Local
Unit so electing. The foregoing shall not prevent any Local Unit from
providing wastewater disposal service to users within its boundaries in the
Service Area as retail customers.
11. The facilities of the System are designed to accept a maximum rate
of flow as specified in Exhibit D attached hereto, and each Local Unit shall be
limited in its right to deliver wastewater to the System and the various
sections thereof, as specified in said Exhibit D, and Wayne and Oakland shall
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be responsible to monitor the use of the Project by each Local Unit, using
sewage meters or other methods as necessary to do so. Further, the parties
hereto recognize that the Project will be constructed in phases, and that
certain Local Units will not immediately have access to deliver wastewater to
the Project until the entire Project is completed. In consideration of such
fact, together with the fact that Oakland, the Wayne Local Units and South
Rockwood agree to pay certain capital costs of the Project, as set forth in
Exhibit "F", although they may not have immediate access, the County agrees
to provide interim rights to deliver wastewater to other systems either owned
or controlled by Wayne (namely - those systems commonly known as the Rouge
Valley Sewage Disposal and the Downriver Sewage Disposal Systems), or to
other systems within which Wayne has contractual rights (the sewage system
owned and controlled by the City of Detroit - Department of Water and
Sewerage), subject to the provisions of Paragraph 13 hereof. Further, the
parties recognize that the providing of any interim rights to deliver
wastewater to other systems shall be subject to the capacity of the other
systems to accept such flows and to the rights of the parties and communities
which contracted and paid for the facilities of said other systems.
12. The parties hereto recognize the existing rights to deliver
wastewater to the Rouge Valley or the Down river Sewage Control Systems
which 0a-kland and certain Local Units own with respect to either all or a part
of the territory within their boundaries or with respect to territory within
their boundaries either within or without the Service Area, which rights; all
parties hereto agree, are as described in Exhibit C attached hereto. Such
Local Units will not be required to deliver wastewater to the Project until
such rights are fully utilized as to territory within the Service Area. The
parties hereto recognize the right of Wayne to negotiate with any one or more
of such Local Units or Oakland for the redistribution or reallocation of such
existing delivery rights, within the conditions set forth above.
13. All parties hereto recognize that Wayne will be responsible to
operate the System on a non-profit basis for the benefit of the users and is
-8-
without funds to finance, operate or maintain the System, except as to those
funds obtained from grants or from the beneficial users of the System, namely
- the Local Units. Therefore, in no event shall Wayne or its General Fund
be charged with or liable for the cost of operating, maintaining and
administering the System. All Wayne Local Units, South Rockwood, and
Oakland, on behalf of the Oakland Local Units, shall pay to Wayne such
charges for use of the facilities in the District ("Rates") as shall be sufficient
to provide for the payment of all costs of operating, maintaining and
administering the System, as well as all debts, service costs, coverage
requirements, reserve and re-occurring finance costs in connection with any
portion of the System financed by revenue bonds. Furthermore, those users
of the Huron Valley Wastewater Control System whose sewage is treated on an
interim basis as set forth in Section 11 supra, shall be deemed users of
the Huron Valley Wastewater Control System, and shall pay the Huron Valley
Wastewater Control System rates and charges as established by Wayne from
time to time. Rates shall reflect not only current cost experience, but shall
also recognize reasonably estimated cost levels during any period for which
such Rates are applied, and may include charges paid to other systems for
services provided by such other systems. Rates may be adjusted by Wayne
from time to time to meet the foregoing costs. The initial Rates estimated to
be as set forth in Exhibit "E", attached hereto and made a part hereof.
However, these Rates will be as identified in the user charge system as
approved by the U.S. Environmental Protection Agency. Operation and
maintenance expenses shall include such amounts as in the judgment of Wayne
are necessary to pay for any losses or legal expenses arising from the
operation and maintenance of the System, including repair and replacement of
System equipment, accessories, or appurtenances necessary to maintain the
capacity and performance for which the facilities were originally designed and
ccnstructed. In addition thereto, the Rates shall include such amounts as are
necessary to pay similar expenses incurred with respect to construction or
improvements made to the System. The funds obtained by Wayne from Rates
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shall only be used for purposes necessary to the operation, maintenance or
repair or replacement of the facilities as originally designed and constructed,
14. Oakland, South Rockwood and Wayne Local Units shall pay Wayne
monthly in accordance with the Schedule of Rates established by Wayne. The
monthly payments shall be accompanied by using a report on forms provided
by Wayne showing water consumption. The payment and the report are due
within forty-five (45) days after the month of service. The Wayne Local
Units, South Rockwood and Oakland agree to pay these Rates promptly,
without reduction, without regard to whether or not charges for the user of
the System have been collected from individual users within their respective
units, and without regard to any failures of the System. Any such Rates
unpaid within forty-five days from the month of service shall be subject to a
late charge of 1 aner 1/2 percent of each month or fraction thereof, for which
such Rates remain unpaid. The payment of such Rates by the Wayne Local
Units, South Rockwood and Oakland shall be a general obligation of such
parties, and Wayne shall have the right to utilize any method permitted by
law for the collection of such Rates,
15. Each Local Unit shall adopt a User Charge system with respect to
its users which complies with the rules and rnulations promulgated by Wayne
and the Federal Environmental Protection Agency (the "EPA"), with respect to
a User Charge system. The User Charge system of each Local Unit will be
based upon the quantity of wastewater delivered to the System for treatment,
together with surcharges to be applied to individual users whose discharges
of specified pollutants exceed a specified strength. Wayne shall prepare
schedules specifying pollutants and discharges to be subject to surcharge and
defining normal loadings with respect to specified pollutants. The Local Units
recognize that their individual User Charge systems shall be subject to
applicable EPA User Charge rules and regulations and shall establish charges
to be collected from individual users in amounts sufficient to pay its Rates to
Wayne when due. There is reserved to all Local Units the right to fix
charges to their individual users in such amounts as will produce additional
-10-
moneys which may be used by the Local Units for any lawful purpose relating
to sewage disposal services rendered by them on behalf of their own
individual sewage disposal systems. Oakland shall contract with the Oakland
Local Units to insure that such Local Units abide by the provisions of this
Section.
16. The parties hereto agree that there shall be established a
permanent Rate Review Committee ("Committee") for the purpose of assisting
Wayne in efficiently operating, maintaining and administering the System for
the benefit of the parties hereto. The Committee shall consist of an appointee
from each Local Unit, Wayne and Oakland and shall be provided with such
clerical and secretarial personnel and such other funds as may reasonably be
required to carry out its functions. The Rate Review Committee will serve
without compensatio'n, except that reimbursement of expenses may be
provided. These costs shall be included in the Rates and considered a cost
of the administration of the System as a whole. The Committee shall have
access to the books, records and financial reports of the System. Wayne
shall annually submit for approval to the Committee the projected budget for
the System, seting forth in such detail as the Committee shall request
projected costs of operating, maintaining, administering and paying all
expenses of the System. Should a dispute arise between Wayne and the
Committee relative to such budget, either as a whole or in any part, such
dispute shall be submitted for final resolution to whatever agency in leviayne
County shall be authorized by law to make final determinations as to the
Rates of the System. Wayne shall, as part of the operation and
administration of the System, select an outside auditor to conduct an annual
audit. The results of the annual System audit shall be transmitted to each
Local Unit, Oakland and the Committee. The outside auditor selected wilt be
chosen for a period of not less than three (3) consecutive years, nor more
than eight (8) consecutive years. Prior to initiating an audit selection
process, the Committee will be notified by Wayne and requested to submit
within thirty (30) days the names of a minimum of three (3) firms of outside
auditors acceptable to Oakland and the Local Units. The names of auditors
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recommended by the Committee will be included by Wayne with other outside
auditors in the selection process leading to the naming of the outside auditor.
Wayne shall develop a scope of work with respect to the annual audit and
shall include within said scope of work the reasonable requests submitted by
the Committee. Wayne will then request the qualified outside auditors named
by Wayne and the Committee to submit proposals to perform the annual audit.
Wayne will select a minimum of three (3) proposals from outside auditors
whose names will be submitted to the Committee, and the Committee will have
thirty (30) days to register any objection to Wayne with respect to those
auditors selected prior to final selection by Wayne. Further, the Committee
shall forward to Wayne recommendations with respect to the efficient and
economical operation, maintenance and administration of the System. Such
recommendations shall be considered by Wayne for implementation and shall be
made a part of any reports by Wayne with respect to the operation,
maintenance and administration of the System.
17. Wayne shall establish general System use rules and regulations
consistent with 33 USC 1251, etc., (the Federal Clean Water Act) and the
EPA rules and regulations controlling the quantity and quality of the
discharge of the users to the System. Nothing herein shall prohibit Wayne
from establishing rules and regulations more stringent than those required by
the aforesaid Act, if, in the judgment of Wayne, ,stricter rules and
regulations are necessary to protect the integrity of the System. Further,
Oakland and each Local Unit agree to enforce such rules and regulations as
Wayne shall from time to time adopt.
18. Except with respect to those areas within the Service Area being
served at the time of the execution of this Contract by combined sewers,
which areas may continue to be served by existing combined sewage facilities,
Wayne shall prohibit the connection either directly or indirectly of storm
water sewers to the System and shall further prohibit and prevent as nearly
as is practicable the introduction of storm water into the System. It shall be
Wayne's responsibility to monitor the System to carry out the prohibition and
prevention of the entry of storm waters into the System. Each Local Unit by
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the adoption of the required ordinances, shall comply with Wayne's regulations
in this regard. Oakland will impose similar requirements with respect to the
Oakland Local Units.
19. Wayne shall have the right to deny to any Local Unit or Oakland
the use of the system, should such Local Unit or Oakland be delinquent for a
period of 90 days in payment of any of the charges due from it to Wayne
hereunder, such denial to continue until such delinquency ceases. The
foregoing shall be accomplished by Wayne by any lawful means.
20. Each Local Unit, and Oakland for the Oakland Local Units, shall be
responsible for the character of the wastewater originating within its
boundaries, and shall comply with Wayne's standards, rules and regulations
controlling discharge of wastewater to the System, specifically industrial
and/or commercial wbstes. Each Local Unit and Oakland, by contract or by
the adoption of appropriate ordinances, shall enforce such rules and
regulations and shall provide for and collect appropriate surcharges. If the
character of wastewater transmitted from any Local Unit or Oakland shall be
such that it imposes an unreasonable additional burden upon the System, then
a surcharge over and above the regular Rates shall be established by Wayne
for the receipt of such discharge, or if such discharge cannot be received by
the System, Wayne may require that such discharge be pretreated before
transmission to the System. If necessary, Wayne shall have the right for the
protection of the System and the public health or safety, to deny discharge
of wastewater to the System, and Wayne may take all steps necessary to
accomplish such denial.
21. Wayne and Oakland each agree to finance the Project in accordance
with any lawful means available to it. In accordance with that agreement,
Wayne and Oakland each will take the following general steps:
(a) Wayne and Oakland each will submit to its Board of
Commissioners, at appropriate times, resolutions or ordinances providing
for the issuance of bonds necessary to finance the various phases of the
Project, and will request that the limited tax full faith and credit of each
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County be pledged as secondary security for all such financings by each
County other than revenue bonds. After due adoption of the
appropriate resolutions or ordinances, Wayne and Oakland each will take
all necessary or legal procedures and steps to effectuate sale and
delivery of the bonds at the lowest possible cost. Wayne will apply for
and make appropriate use of all available federal grants to pay for a
part of the cost of the Project, and South Rockwood and Oakland each
will pay Wayne for its part of the interceptor cost of the Project, as set
forth on Table
(b) Wayne will take all steps necessary to take bids for and enter
into final construction contracts for the acquisition and construction of
the facilities of the Project in the District as specified and approved in
this Contract, ih accordance with the plans and specifications therefor as
approved herein. Said contracts shall specify completion dates presently
estimated to be as follows:
Phase I: December 1, 1986
Phase II: December 1, 1986
Phase III: December 1, 1987 (Interceptors)
April 1, 1988 (Treatment Plant)
(c) Wayne will require and procure from contractors undertaking
the actual construction and acquisition of the said facilities necessary
and proper bonds to guarantee the performance of such contract or
contracts and such labor and material bonds as may be required by law,
in amounts and in such forms as may be approved by Wayne.
(d) Oakland will take the same steps as Wayne, as set forth in
subsections (b) and (c) above, in constructing the facilities in the
Project to be located in Oakland to be a part of the System.
(e) Wayne will upon rec--ipt of the proceeds of sale of the bonds,
federal grant funds and cash payments comply with all provisions and
requirements provided for in this agreement, any grants and any bond
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resolution and in other applicable regulations relative to disposition and
use of the proceeds of such funds.
(f) Wayne may temporarily invest any bond proceeds or other
funds held by it for the benefit of Oakland and the Local Units as
permitted by law, and investment income shall accrue to and follow the
fund producing such income. Neither Wayne, Oakland or the Local Units
shall invest, reinvest, or accumulate any moneys deemed to be proceeds
of bonds pursuant to Section 103(c) of the Internal Revenue Code of
1954, as amended, and the applicable regulations thereunder, in such a
manner as to cause the bonds to be "arbitrage bonds" within the
meaning of said Section 103(c) and the applicable regulations thereunder.
(g) Oakland the the Local Units hereby agree that they will comply
with all state and federal requirements in connection with grants to be
secured to pay a part of the cost of the System, including specifically
the establishment of appropriate User Charge and industrial cost
recovery systems and the adoption of an appropriate sewer use
ordinance, in accordance with prescribed timetables.
(h) It is understood among the parties that certain local
wastewater facilities must be constructed in order for certain portions of
the Project to be eligible for federal grants. The description• and
estimated costs and cost distributions of these local facilities are shown
on Table Ill attached. The Local Units, which will utilize the local
facilities, agree to construct these facilities under separate financing
agreements in accordance with the requirements of the MDWR.
22. Wayne will finance the various phases of the Project by means of
revenue bonds and contract bonds and cash payments and grants all
substantially as set forth on Table IV attached hereto. The revenue bonds
shall be payable solely from the Rates charged to Oakland and the Local Units
for the use of the System. The balance of the costs will be paid by South
Rockwood and Oakland on behalf of the Oakland Local Units and from contract
bonds payable primarily from fixed obligations allocated to Wayne Local Units,
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which obligations will be supported by the limited tax full faith and credit
pledges of each such Local Unit. The manner of payment of the cost of
facilities comprising the three phases of construction of the Project are
estimated as set forth on Table IV attached hereto, and will be established in
final form as soon as practicable and made a part hereof.
23. Oakland agrees that it will timely use any available legal means to
sell its own bonds to construct that portion of the Project located in Oakland
County. Oakland further agrees to take such actions as are necessary to
have cash available for payment to Wayne in a timely manner. The required
payments by South Rockwood and Oakland to Wayne shall be either in a lump
sum or as called for by Wayne in accordance with construction schedules.
However, any amounts paid by South Rockwood and Oakland to Wayne shall
be invested by Wayrie to the extent possible, and the interest thereon shall
accrue to the account of the party making such payments. Wayne will not
enter into any construction contracts for the System until bonds are sold by
South Rockwood or Oakland as such sales are needed to assure payment of
their respective obligations.
24. It is understood and agreed that the contract bonds of Wayne above
referred to will be issued in anticipation of the Wayne Local Units contractual
obligations, herein set forth, and said Wayne Local Units will pay an amount
equal to each annual maturity on the first day of each month prior to the
principal due dates of said bonds, and said Wayne Local Units shall also pay
to Wayne in addition to said principal installments, on the first day of each
month prior to an interest due date, as accrued interest on the principal
amount remaining unpaid, an amount sufficient to pay all interest due on the
next succeeding interest payment date on said bonds from time to time
outstanding. From time to time as Wayne is billed by the paying or registrar
agent or agents for the bonds to be issued for their services as paying
agent, or registering bonds, and as other costs and expenses accrue to
Wayne from handling of the payments made by the Wayne Local Units, or from
other actions taken in connection with said bonds, Wayne shall notify said
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Wayne Local Units of the amount of such fees as other costs and expenses,
and said Wayne Local Units shall, within thirty (30) days from such
notification, remit to Wayne sufficient funds to meet such paying fees and
other costs and expenses. Wayne may, at its option, include bond handling
costs, bank letters of credit expenses and other annual charges. The
percentage share of each Local Unit of such debt service costs and other
expenses in connection with contract bonds shall be fixed and established for
the life of said bonds. Exhibit F attached hereto sets forth such
based on an estimate of anticipated costs and expenses.
Should cash payments be required in addition to the amounts
percentages
specified in
the preceding paragraphs to meet addclitional costs of constructing the
contract bond financed portion of the System, such parties so obligated shall,
upon written request by Wayne, furnish to Wayne written evidence of their
agreement and ability to make such additional cash payments, and Wayne may
elect not to proceed with the acquisition or financing of the contract bond
financed portion of the System until such written evidence satisfactory to
Wayne, has been received by it. Such parties shall pay to Wayne such
additional cash payments within thirty (30) days after written request for
such payment has been delivered to them by Wayne.
Wayne shall, within thirty (30) days after the delivery of each series of
the contract bonds hereinbefore referred to, furnish the Wayne Local Units
with a complete schedule of maturities of principal and interest thereon, and
Wayne shall also at least thirty (30) days prior to each interest and principal
due date, advise such Local Units in writing, of the exact amount of principal
and interest due on the said bonds on the next due date.
If any principal installment or interest is not paid when due, the amount
not so paid shall be subject to a penalty, in addition to interest, of one
percent (1%) thereof for each month or fraction thereof that the same remains
unpaid after the due date.
25. Oakland and each Local Unit, pursuant to authorization of Michigan
law, hereby irrevocably pledge their full faith and credit for the prompt and
-17-
timely payment of all of their obligations as expressed in this contract.
Pursuant to such pledge, if other funds are not available, the Local Unit
shall be required to pay such amounts from any of its general funds as a
first budget obligation and shall each year levy an ad valorem tax on all the
taxable property in the Local Unit in an amount which, taking into
consideration estimated delinquencies in tax collections, will be sufficient to
pay such obligations under this contract becoming due before the time of the
following year's tax collections, such annual levy, however, to be subject to
applicable charter, statutory and constitutional tax limitations. The debt
service portion of the foregoing commitments of each Local Unit are expressly
recognized as being for the purpose of providing funds to meet contractual
obligations as set out herein in anticipation of which the bonds hereinbefore
referred to are iseued. Nothing herein contained shall be construed to
prevent any Local Unit from using any, or any combination of, means and
methods for the purpose of providing funds to meet its obligations under this
contract, and if at the time of making the annual tax levy there shall be
other funds on hand earmarked and set aside for the payment of the
contractual obligations due prior to the next tax collection period, then such
annual tax levy may be reduced by such amount.
26. Any Wayne Local Unit may pay in advance any of the payments
required to be made by this contract to retire contract bonds, in which event
Wayne shall credit the appropriate Wayne Local Unit with such advance
payment on future-due payments to the extent of such advance payment.
27. Any Wayne Local Unit may pay additional moneys over and above
any of the contract bond payments specified in this contract, with the written
request that said additional funds be used to call contract bonds for
redemption prior to maturity, in which event Wayne shall be obligated to
apply and use said moneys for such purpose to the fullest extent possible
Such moneys shall not then be credited as advance payments under the
provisions of Section 26 of this contract.
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ake a tax levy or rate increase to
No party shall take any action to
aforesaid state-returned moneys in
28. In the event Oakland or any
any reason to pay to Wayne at the
required to be paid by the provisions
Local Unit party hereto shall fail for
times specified herein the amounts
of this contract, for rates or for its
share of the costs of the Project as evidenced by bonds of Wayne, Wayne
shall immediately give notice of such default and the amount thereof, in
writing, to the Local Unit Treasurer, the appropriate County Treasurer, the
Treasurer of the State of Michigan, and such other officials charged with
disbursement to such party of funds returned by the State and now or
hereafter under Michigan law available for pledge as provided in this
paragraph, and if such default is not corrected within ten (10) days after
such notification, the State Treasurer, or other appropriate officiaT charged
with disbursement to the party of the aforesaid funds, is, by these presents,
specifically authorized by the party, to the extent permitted by law, to
withhold from the aforesaid funds the maximum amount necessary to cure said
deficit and to pay said sums so withheld to Wayne, to apply on the obligations
of the party as herein set forth. Any such moneys so withheld and paid
shall be considered to have been paid to the party within the meaning of the
Michigan Constitution and statutes, the purpose of this provision being to
voluntarily pledge and authorize the use of said funds owing to the party to
meet any past-due obligations of the party due under the provision of this
contract. In addition to the foregoing, Wayne shall have all other rights and
remedies provided by law to enforce the obligations of the party to make its
payments in the manner and at the times required by this contract, including
the right of Wayne to direct the party to r
reimburse Wayne for any funds advanced.
reduce the right of Wayne to receive the
the event of default.
29. It is specifically recognized by all Local Units that the debt service
- payments required to be made by them pursuant to the terms of Section 22
and Section 23 of this contract are to be pledged for and used to pay the
principal of and interest on the contract bonds to be issued by Wayne or
-19-
Oakland as provided by this contract and authorized by law, and said Local
Units covenant and agree that they will make all required payments to Wayne
or Oakland promptly and at the times specified herein without regard to
whether the Project is actually completed or placed in operation,
30. In the event that it shall become necessary to increase the
estimated Local Unit cost of any portion of the System or Project for any
reason, or if the actual Local Unit cost of any portion of the System or
Project shall exceed the estimated Local Unit cost, whether as the result of
variations or changes made in the approved plans or otherwise, then (without
execution of any further contract or amendment of this Contract) additional
Wayne bonds of the same security (upon the adoption of an authorizing
resolution therefor by the Wayne County Board of Commissioners) shall be
issued and additional South Rockwood and Oakland cash payments shall be
made to defray such increased or excess cost, to the extent that funds
therefor are not available from other sources: Provided, however, that no
such increase or excess shall be approved and no such increased or additional
Wayne bonds shall be authorized to be issued, nor shall Wayne enter into any
contract for acquisition or construction of the System or any part thereof or
incur any obligation for or pay any item of cost therefor, where the effect
thereof would be to cause any Local Unit's cost of any portion of the System
to exceed by more than 10% the total estimated cost to such Local Unit as
previously approved, unless the governing body of Oakland and of the
affected Local Unit shall have first adopted a resolution approving such
increase or excess and agreeing that the same (or such part thereof as is not
available from other sources) shall be defrayed by South Rockwood and
Oakland cash payments and/or by the issuance of increased or additional
Wayne bonds in anticipation of increased or additional payments agreed to be
made by the affected Local Unit to Wayne in the manner herein provided:
Provided, further, that the adoption of such Local Unit approving resolution
shall not be required prior to or as a condition precedent to the issuance of
additional bonds by Wayne, if Wayne has previously issued or contracted to
-20-
sell bonds to pay all or part of the cost of the System or has let construction
bids in accordance with plans for the System as last approved, and the
issuance of the additional bonds is necessary (as determined by Wayne) to
pay such increased, additional or excess costs as are essential to completion
of the System or any part thereof according to the plans therefor as last
approved. The annual payments required to be made by the parties obligated
to pay such additional bonds shall be increased in an amount so that the total
payments required to be made as increased will be sufficient to meet the
annual principal and interest requirements on the bonds herein authorized,
plus the additional bonds to be issued. Any such additional bonds shall in
all respects comply with the requirements of this Contract and authorizing
legislation, and any increases in the annual payments shall be made in the
manner arid at the ti?nes specified in this Contract. in lieu of said additional
bonds, a party hereto may and South Rockwood and Oakland shall pay over
to Wayne in cash sufficient money to pay its share of the additional costs to
be financed.
31. Any surplus funds remaining from any bond issue or cash payment
during the course of construction of the Project shall be used to pay costs of
other portions of the Project, in the sole discretion of Wayne but with
appropriate credit to the parties hereto producing such surplus. After
completion of the Project and payment of all costs thereof, any such surplus
funds remaining after cash refund to Oakland and South Rockwood shall be
used by Wayne in its sole discretion for either of the following purposes, to
wit: (a) for additional improvements in the System, or (b) credited toward
the next debt service payments due hereunder (c) or purchase of bonds on
the open market and appropriate credit made on the obligation of each Local
Unit.
32. The obligations and undertakings of each of the parties to this
Contract shall be conditioned on the successful issuance and sale of is,
and if for any reason whatsoever bonds to finance Phase 1 of the Project are
not issued and sold within three (3) years from the effective date hereof this
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Contract shall be considered void and of no force and effect. The parties
hereto agree that bonds to finance Phase I of the Project shall not be issued
until a firm commitment has been received for a federal grant anticipated to
pay the eligible costs of Phase I of the Project.
33. The parties hereto each recognize that the holders from time to time
of the bonds issued by Wayne and/or Oakland to finance costs of the Project
will have contractual rights in this Contract, and it is, therefore, •covenanted
and agreed by each of them that so long as any of said bonds shall remain
outstanding and unpaid, the provisions of this Contract shall not be subject
to any alteration of revision which would in any manner materially affect
either the security of the bonds or the prompt payment of principal or
interest thereon. The right to make changes in this Contract, by
amendment, supplemental contract, or otherwise, is nevertheless reserved
insofar as the same do not have such adverse effect and as provided in
Section 5 hereof. The parties hereto further covenant 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,
and will not suffer to be done any act which would in any way impair the
said bonds, the security therefor, or the prompt payment of principal and
interest thereon. It is hereby declared that the terms of this Contract,
insofar as they pertain to the security of any such bonds, shall be deemed to
be for the benefit of the holders of said bonds.
34. No change in the jurisdiction over territory in any Local Unit shall
in any manner impair the obligations of this Contract. In the event all or
any part of the territory of a Local Unit is incorporated as a new city or is
annexed to or becomes a part of the territory of another Local Unit or
another public corporation, the Local Unit or public corporation into which
such territory is incorporated or to which such territory is annexe* shall
assume the proper proportionate share of the contractual obligatioe . and
rights in the System of the Local Unit from which such territory is taken and
such a public corporation shall become a Local Unit in this Contract, based
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upon a division determined by Wayne which shall make such determination
after taking into consideration all factors necessary to make the division
equitable, and in addition shall, prior to such determination, receive a
written recommendation as to proper division from a committee composed of
one representative designated by the governing body of the Local Unit from
which the territory is taken, one designated by the governing body of the
new public corporation or the Local Unit or public corporation annexing such
territory, and one independent registered engineer appointed by Wayne.
Each Local Unit or public corporation shall appoint its representative within
fifteen (15) days after being notified to do so by Wayne and within a like
time Wayne shall appoint the engineer third member. If either Local Unit or
public corporation shall fail to appoint its representative within the time above
• provided, then 'Wayhe may proceed without such recommendation. If the
committee shall not make its recommendation within forty-five (45) days after
its appointment or within any extensions whereof by Wayne, then Wayne may
proceed without such recommendation. Oakland shall make similar provisions
with respect to Oakland Local Units.
35, This Contract shall remain in full force and effect for a period of
forty (40) years from the date hereof, and may be extended by further
agreement of all or some of the parties hereto In any event, the obligations
of the Wayne Local Units to make debt service payments required by this
Contract shall be terminated atsuch time as all of the aforesaid bonds are paid
in full, together with any deficiency or penalty thereon.
36. Wayne and Oakland will require or procure from the contractors
undertaking the actual construction of the Project insurance protecting all
parties hereto from liability in connection with such construction. The cost
of such insurance shall be considered to be a part of the cost of the Project.
37. This Contract shall inure to the benefit of and be binding upon the
respective parties hereto, their successors and assigns.
38. This Contract shall become effective upon approval by the
legislative body of Wayne, Oakland and each Local Unit hereto and when duly
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executed by the appropriate officer or officers of each Local Unit, Wayne
County and Oakland County. This Contract may be executed in several
counterparts. It is the understanding of all parties hereto that the City of
Rockwood may become a party hereto by the approval of this Contract by its
governing body when duly executed by its appropriate officers. In such
event, The City of Rockwood shall be included within the definition of "Local
Unit," "Local Units" and "Wayne Local Units" and shall have the rights and
obligations of a party hereto. Further it is agreed that all exhibits and
tables hereto will be changed to the extent necessary as attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed as of the date and year first above written.
By
Its
And
Its
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94863 0006 83.06.378
June 13, 1983