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HomeMy WebLinkAboutResolutions - 1977.03.03 - 13249Miscellaneous Resolution No. 7866 PLANNING AND BUILDING COMMITTEE, RICHARD R. WILCOX, CHAIRMAN In Re: HURON ROUGE SEWAGE DISPOSAL SYSTEM - WALLED LAKE ARM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS, the Oakland County Board of Supervisors by Miscellaneous Resolution No. 3850 adopted September 11, 1961, as amended by Miscellaneous Resolution No. 4095 adopted December 20, 1962 did approve the establishment of the Huron-Rouge Sewage Disposal System and WHEREAS, the Oakland County Board of Supervisors by Miscellaneous Resolution No. 4727 adopted May 25, 1967 did approve the Huron-Rouge Sewage Disposal System - Walled Lake Arm Agreement between the County of Oakland; the Village of Novi (now City of Novi) and the City of Walled Lake for the collecting and disposing of sewage originating in said municipalities, and WHEREAS, it is necessary for the public health and welfare of the present and future residents in certain areas of the Township of Commerce and Village of Wolverine Lake to extend the District to include said areas, and WHEREAS, all of the municipalities affected by the enlargement of the District have approved the "Huron-Rouge Sewage Disposal System, Enlargement of District" contract dated January 1, 1977. NOW THEREFORE BE IT RESOLVED, that the "Huron-Rouge Sewage Disposal System, Enlargement of District" contract dated January 1, 1977 is hereby approved and the Chairman of the Board of Commissioners is hereby authorized and directed to execute said contract. Moved by Wilcox , supported by Fortino , the rules be suspended• for immediate consideration of the resolution. Vote on Motion; • Yeas: Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kelly, Lanni, McConnell, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Roth. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. By: Moved by Wilcox be adopted. Vote on Motion: supported by McConnell , the resolution YEAS: Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kelly, Lanni, McConnell, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Roth, Simson. (23) NAYS: None. (0) ABSENT: Kasper, McDonald, Olson', Perinoff. (4) A sufficient majority having voted therefor, the resolution was adopted. CONTRACT HURON-ROUGE SEWAGE DISPOSAL SYSTEM ENLARGEMENT OF DISTRICT THIS CONTRACT, made as of the 1st day of January, 1977, by and between the COUNTY OF OAKLAND, a Michigan county corpora- tion (hereinafter called the "county"), party of the first part, and the TOWNSHIP OF COMMERCE, a township corporation in the County of Oakland, and the VILLAGE OF WOLVERINE LAKE, an home rule village corporation in the County of Oakland (hereinafter called "new municipalities") parties of the second part, and the CITY OF Noy' and CITY OF WALLED LAKE, each home rule city corporations in the County of Oakland (hereinafter called "original municipalities"), parties of the third part. WITNESSET H: WHEREAS, the Oakland County Board of Supervisors by Resolution, Misc. No. 3850, adopted September 11, 1961, as amended by resolution, Misc. No. 4095, adopted December 20, 1962, did approve of establishment of the Huron -Rouge Sewage Disposal', System (herein called the "System") to serve the Huron -Rouge Sewage Disposal District, (herein called the "District") within which District lies all of the original municipalities and adjacent to which are the• new municipalities; and WHEREAS, the county and the original municipalities have entered into a series of contracts (herein called the "outstanding contracts") pertaining to the acquisition, financing, . operation and management of sewage collection and disposal facili- ties for the System and to serve the District, which contracts are as follows: V.E Approved by Board of Co H -yIrr3, on March .3 , 1977 County Clerk A. Huron-Rouge Sewage Disposal System Contract, dated April 20, 1962, (the "Base Agreement"). B. Agreement, Huron-Rouge Sewage Disposal System, Walled Lake Arm, dated September 1, 1966, (the "Arm Agreement"). C. Huron-Rouge Sewage Disposal System, Novi Trunk Extension No. 1 Contract, dated May 1, 1970, (the "Extension No. 1 Agreement"). ; and WHEREAS, the county has issued county bonds in antici- pation of the obligations of the original municipalities set forth in the outstanding contracts and has contracted to operate and maintain the facilities of the System and to improve, enlarge and extend the System acquired pursuant thereto; and WHEREAS, areas in the new municipalities which adjoin the original municipalities and especially adjoining the City _ of Walled Lake, have needed sewage disposal services and do now need such services, which areas are shown on Exhibit "A" hereto attached and. by this reference made a part hereof, and the City -- of Walled Lake has heretofore contracted with one or the other of the new municipalities to provide some sewage disposal services in said areas, as follows: A. Contract for Sewers, April 5, 1972, with :Village of Wolverine Lake. B. Contract for Sewer and Water, May 25, 1972, With Township of Commerce. Contract for Sewer and Water, May 18, 1972, with Township of Commerce. D. Contract for Sewer and Water, June 25, 1973, with Township of Commerce. all of which sewage disposal facilities described in said contracts will be turned over to the county to become parts of the System without cost or charge to the county or the System or the original municipalities; and WHEREAS, it is necessary for the public health and welfare of the present and future residents of the new municipalities in the county to extend the District to include said areas and perhaps hereafter to construct sewers and other facilities for connection to the System in and through the original municipalities and for the county to take over the operation and maintenance of the facilities in the new municipalities as parts of the System and to collect from the users in the new municipalities such rates and charges as will defray the cost of such operation and maintenance and reimburse the City of Walled Lake for the capital cost to it of the capacity and facilities paid for by said City but used to serve the new municipalities; and WHEREAS, all the municipalities in the Huron-Rouge Sewage Disposal District will be affected by the connection to the System of the sewers,and other facilities in- the new municipalities and by -the enlargement of the District and their approvaL of this contract is therefore required; a.nd WHEREAS, it is also necessary for the parties to contract relative to the allocation to the new municipalities of part of the capacity in the System originally assigned to Walled Lake and the assumption by the new municipalities of the obligations of the outstanding contracts. NOW, THEREFORE, in consideration of thE: premises and the covenants of each other, the parties hereto agree as follows: 1. The county and the parties hereto hereby approve the extension and enlargement of the System and the District by the addition of the areas and sewage disposal facilities serving and needed to serve the areas identified as areas 1-5 on Exhibit "A". The sewage disposal facilities serving or hereafter to serve the areas shown on Exhibit "A" are hereby designated the "Huron-Rouge Sewage Disposal System - Walled Lake Enlargement", 2. The unit equivalent served within the new municipalities shall hereafter be taken into account and considered to be units served by the City of Walled Lake in computing the units served from time to time by the Huron- Rouge Sewage Disposal System, Walled Lake Arm, pursuant to the limitation on units in the Huron-Rouge Sewage Disposal System, Walled Lake Arm Agree- ment s dated September 1, 1966. 3. The new municipalities hereby acknowledge receipt of a copy of each of the outstanding contracts and, the new municipalities expressly agree to be bound by all of the provisions of the Base outstanding contracts as if each had been a party thereto. 4. The parties hereby approve and adopt the schedule of charges to be imposed on users in the new municipalities as shown on Exhibit "B" attached hereto and by this reference made a part hereof. Those users now connected to the facilities in the area shown on Exhibit "A" have agreed to pay a charge to Walled Lake in accordance with Exhibit "B" and users hereafter connected will be so required by the new municipalities. 5. The City of Walled Lake is hereby requested to serve directly those individual users in the new municipalities who can be connected to -4- facilities now or hereafter located in the area identified as areas 1 - 5 on Exhibit "A" and the new municipalities agree to the acquisition, construction and maintenance of sewage disposal facilities within its corporate boundaries and to the use of its streets, highways, alleys, lands, right-of-way or other public places for the said facilities and use thereof, provided however, the direct service to individual users in either of the new municipalities shall terminate when a new municipality is able to supply sewage disposal services. At the time of termination, which date shall be determined by giving Walled Lake written Notice of Termination, ninety (90) days prior to said termination, all right, title or interests to any facilities now or hereafter located in the area identified as areas 1 - 5 on Exhibit "A" shall be disconnected from the Huron-Rouge Sewage Disposal System or any extension thereof or any facilities in the original municipality and shall revert to the new municipality which has given notice and the new municipality shall thereafter operate and maintain said facilities. The facilities in the new municipalities shall be used only for the collection of sanitary sewage within each and the transportation of said sanitary sewage to the System for ultimate disposal. 6. This contract shall become effective upon approval by the legis- lative body of each municipality, by the Board of Commissioners of Oakland County and duly executed by the authorized officers of the parties. It shall terminate fifty (50) years from April 20, 1962. This contract may be executed in several counterparts. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By: Chairman of Board of Commissioners -5-- CITY OF Now TOWNSHIP OF COMMERCE City Clerk Township Clerk By By Mayor President By By Mayor Supervisor By By By By CITY OF WALLED LAKE VILLAGE OF WOLVERINE LAKE By City Clerk By Village Clerk OLVERINE 23 2 4 ALTON 26 2 5 1 M( NIA LUCILLE TRAIL CT. cVMC COY' rt. 101UHDE AA-re .c4 WALLED ig A P E oilerm PORT 1_:211 N.WAL LED NOTE: FOR DESCRIPTION OF AREAS @THRu 0 SEE SHEETS A-2 THRU A-6 OF EXHIBIVA" AS LISTED BELOW: •SHT NO, AREA NO. . A-2 0 A-3 A-4 4C) A-5 • C) A-6 c> EXHIBIT- A SHT. A-I OF A-6 AREA 1 Part of the S.W. 114 of Section 23, T.2N., R8E., City of Walled Lake, Oakland County, Michigan described as commencing at the intersection of Decker Road and South Commerce Road; thence North 00 °3840" East along the centerline of South Commerce Road 999.80 ft. (1013.10 ft. Record); thence South 87 °26'20" East 200.11 ft. to the point of beginning; thence S 87 °26'20" East 142.13 ft.; thence South 00°03'40" West 53.64 ft.; thence South 88 °00'20" East 990.00 ft.; thence North 00005'20" East 300.92 ft.; thence North 61 °55'30" West 574.75 ft.; thence North 60°16'30" West 343.82 ft.; thence North 88 035'20" West 119.12 ft.; thence South 00 03615" West 334.98 ft.; thence North 88 0 14' West 199.96 ft.; thence South 00 °3840" West 321.65 ft. to the point of beginning, containing 12.89 acres. - Exhibit A Sheet A-2 of A-6 AREA 2 Land in the Township of Commerce, and the City of Walled Lake, Oakland County, Michigan, described as: A strip of land containing 5 acres being of even width north and south extending east and west across the southeast quarter of the southwest quarter of Section 23, Town 2 North, Range 8 East, consisting of the North 2 acres of the South one-half of said Southeast quarter of the Southwest quarter of Section 23 and the South 3 acres of the North one-half of said Southeast quarter of the Southwest quarter of Section 23, and the North and South boundary lines of said 5 acres are to be parallel with the East and West 16th line dividing said Southeast quarter of the Southwest quarter of Section 23. Subject to the rights of the public and of any governmental unit in any part thereof taken, used, or deeded for street, road or highway purposes. Exhibit A Sheet A-3 of A-6 AREA 3 T2N, R8E, Section 27 Part of the SE 1/4 beginning at a cpoint distance S 89 °15'35" E 700 ft. from SE corner Penny Lake Estates,. thence N 00 42'18" E 226.39 ft.; thence along S line of Wolverine Lake N 62°27'35" E 17.82 ft and on curve to the right, radius 150.94 ft., chord bears N 81 04513? E 99.78 ft., distance 101.69 ft., thence S 78 °56'25" E to E section line, thence Southerly along section line to E 1/8 corner of SE 1/4; thence , N 89°15'35" W to beginning. Containing 1.30 acres Exhibit A Sheet A-4 of A-6 AREA 4 A parcel a land located in part of the Southwest 1/4 of the Northeast 1/4 of Section 26, T2N, R8E, Commerce Township, Oakland County, Michigan, more particularly described as beginning at a point distance North 01 °05'32" East 371.00 feet along the North and South 1/4 line of Section 26, and South 88 °241 30" East 570.0 feet from the center of Section 26, T2N, R8E, and proceeding thence North 02°20'56" East 430.0 feet; thence South 88 0 27'42" East 760.0 feet; thence along the West line of "WELCH PARK SUBDIVISION" as recorded in Liber 91, Pages 32 and 33 of Plats of Oakland County Records, South 00 °2750" West 160.0 feet; thence North 89 °3210" West 200.0 feet; thence South 00 °2750" West 62.66 feet; thence along the Limits line of Commerce Township, and City of Walled Lake the following two courses; South 73 0 12'20" West 377.74 feet; thence along a curve to the left, radius 1632.40 feet, central angle 08 °02'28" an arc distance of 299.10 feet and whose chord bears South 69 °11'06" West a distance of 228.91 feet; thence North 01 005'30" East 2.29 feet to the point of beginning, except the Westerly 198 feet. Exhibit A Sheet A-5 of A-6 AREA 5 Part of the S.W. 1/4 of Section 25, the S.E. 114 of Section 26, the N.E. 1/4 of Section 35, and the N.W. 1/4 of Section 36, 12N, R8E Commerce Township, Oakland County, Michigan, described as a strip of land approximately 1200 feet in width centered on West Maple Road; said strip of land extends from the easterly city limits of Walled Lake easterly along West Maple Road approximately 2350 feet to a point located approximately 1000 feet easterly of the west line of Sections 25 and 36. Exhibit A Sheet A-6 to A-6 Schedule of Charges 1. Sewer availability charge - Same "sewer availability charge" paid by the City of Walled Lake users presently. $20.00 per quarter per unit. 2. Ad-valortun charge - 3. Sewer usage charge - State equalized value sewer millage levied by City of Walled Lake. Same "sewage usage charge" paid by City of Walled Lake users for similar type uses. Exhibit "B"