HomeMy WebLinkAboutResolutions - 1976.08.19 - 140557659 RESOLUTION NO.
By:
IN RE: EVERGREEN SEWAGE DISPOSAL SYSTEM
BLOOMFIELD TOWNSHIP TRUNK ARMS-
STAGE TWO AND STAGE THREE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the Township of Bloomfield is in urgent
need of the sewage disposal improvements and facilities which
are described in the form of proposed contract hereinafter
mentioned as constituting the "Evergreen Sewage Disposal System
- Bloomfield Township Trunk Arms - Stage Two andStage Three"
(hereinafter sometimes referred to as the "county system" or
the "system"), in order to abate pollution of the waters of
the township and thus to promote the health and welfare of
the residents thereof, which improvements and facilities would
likewise benefit the county and its residents, and the parties
to said proposed contract 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 Sections 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 Township of Bloomfield, dated as of August 1, 1976,
providing for the acquisition, construction and financing of
said county system and has also caused to be prepared by the
STATE OF MICIIIGT\N )
) SE:
COUNTY OF 07-ilaj‘ND )
-1, 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 :r_egular •
meeting of the Oakland County Board of Commissioners, held on the
19th day of August 197 6 the original of which
is on file in my office.
IN WITHNESSITHEREOF, I have hereunto affixed my official
-
siganture this 19th day of August AD. 1976
County Clerk, Lynn D. Al len,
EVERGREEN SEWAGE DISPOSAL SYSTEM.
-BLOOMFIELD TOWNSHIP TRUNK ARMS
-STAGE TWO AND STAGE THREE
CONTRACT
THIS CONTRACT, made and entered into as of the first
day of August, 1976, by and between the COUNTY OF OAKLAND,
a county corporation in the State of Michigan (hereinafter
sometimes referred to as the "county"), by and through its
Drain Commissioner, County Agency, party of the first part,
and the TOWNSHIP OF BLOOMFIELD, a township corporation in said
county and state (hereinafter sometimes referred to as the
"township"), party of the second part.
WITNESSET H:
WHEREAS, the Oakland County 3oard of Supervisors
by Resolution, Misc. No. 3269, adopted on August 12, 1957,
as amended by Resolution, Misc. No. 3435, adopted on October
13, 1958, did approve of establishment of the Evergreen Sewage
Disposal System to serve the Evergreen Sewage Disposal District
within which district lies part of the Township of Bloomfield;
and
WHEREAS, pursuant to the Evergreen Sewage Disposal
- System Agreement, dated November 10, 1958, as amended by
amendatory agreements dated December 22, 1958 and February
9, 1959, all between the County of Oakland and the Cities of
Birmingham, Bloomfield Hills, Lathrup _Village, Troy and South-
field, the _Village of Westwood (now Beverly Hills) and the
Townships of Bloomfield and Pontiac, municipal corporations
in said County of Oakland, the said county, acting through
its Department of Public Works, did acquire the original
Evergreen Sewage Disposal System and did finance such acquisi-
tion by the issuance of bonds in anticipation of payments to
be made by said municipal corporations to the county in accor-
dance with the provisions of said Agreement, as amended (herein
referred to as the "Base Agreement"); and
WHEREAS, the county and the township have heretofore
agreed to extend said Evergreen Sewage Disposal System by con-
struction of the so-called Bloomfield Township Trunk Arms -
Stage One in said Township of Bloomfield under the provisions
of Act No. 185 of the Michigan Public Acts of 1957, as amended,
for the purpose of collecting and disposing of sewage originat-
ing within that part of the said district located in said
township, and to issue bonds to finance said Bloomfield Township
Trunk Arms - Stage One in anticipation of the collection by
the county of amounts to become due under a contract between
the county and the township, parties hereto dated as of March
1, 1967 and amended as of August 1, 1968, whereby the township
agreed to pay the entire cost of said Bloomfield Township
Trunk Arms - Stage One in installments; and
WHEREAS, the county and the township have heretofore
agreed to use cash to finance Bloomfield Township Trunk Arms
- Stage Two under a contract between the county and the town-
ship, parties hereto, dated March 1, 1974, but said contract
has never been carried out and will be hereby cancelled as
to Stage Two; and
WHEREAS, it is now desired to extend said Evergreen
Sewage Disposal SyStem by construction of the so-called.
Bloomfield Township Trunk Arms - Stage Two and Stage Three
in said Township of Bloomfield under the provisions of Act
No. 342 of the Michigan Public Acts of 1939, as amended, for
the purpose of collecting and disposing of sewage originating
within that part of the said district located in said township,
and to issue bonds to finance both. Stage Two and Stage Three,
in anticipation of the collection by the county of amounts
to become due under this agreement between the county and the
township parties hereto, whereby the township agrees to pay
the entire cost of both Stage Two and Stage. Three; and
WHEREAS, pursuant to Act No. 342, Public Acts of
Michigan, 1939, as amended (hereinafter sometimes referred
to as "Act 342"), the Board of Commissioners of the county
has heretofore, by majority vote of its members-elect, autho-
rized and directed that there be established a county system
of sewage disposal improvements and services to serve the
township, said system to be known as "Evergreen Sewage Dis-
posal System - Bloomfield Township Trunk Arms - Stage Two
and Stage Three" (hereinafter sometimes referred to as the
"county system" or as the "system"), and has designated the
Oakland County Drain Commissioner as the County Agency for
the system with all powers and duties with respect thereto
as are provided by Act 342 (said Drain Commissioner being
hereinafter sometimes referred to as the "County Agency");
and
WHEREAS, under and subject to the terms of Act 342,
the County is authorized, through the County Agency, to acquire
and construct the sewage disposal improvements and facilities
hereinafter described as constituting the county system, the
county and the township are authorized to enter into a contract,
as hereinafter provided, for the acquisition and construction
of the system by the county and for financing all or part of
the cost thereof by the issuance of bonds by the county secured
by the pledge of the full faith and credit of the township
to pay such cost with interest to the County in installments
• extending over a period not exceeding forty (40) years, and
the county is authorized to issue such bonds and, if authorized
by majority vote of the members-elect of its Board of Commis-
sioners-, to pledge its full faith and credit for the payment
of such bonds and the interest thereon; and
WHEREAS, the township is in urgent need of such sewage
disposal improvements and facilities to provide the means of
collecting and disposing of sanitary sewage of the township,
in order to abate pollution of the waters of the township and
thus to promote the health and welfare of the residents thereof,
which improvements and facilities would likewise benefit the
county and its residents, and the parties hereto 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, and especially
Sections 5a, 5b and 5c thereof; and
WHEREAS, the County Agency has obtained preliminary
plans for the county system and also an estimate of $1,700,000
as the total cost of the system and an estimate of forty (40)
years and upwards as the period of usefulness thereof, all
of which have been prepared by Hubbell, Roth & Clark, Inc,
(hereinafter sometimes referred to as the "consulting engineers"
and have been submitted to and approved by the Board of Com-
missioners of the county and the Township Board of the township
and placed on file in the office of the County Agency, said
estimates being set forth in Exhibit B hereunto attached: and
WHEREAS, in order to provide for the acquisition
and construction of the system by the county and the financing
of the cost thereof by the issuance of county bonds, and for
other related matters, it is necessary for the parties hereto
to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The parties hereto do hereby approve and agree
to the establishment, acquisition, construction and financing
of the Evergreen Sewage Disposal System - Bloomfield Township
Trunk Arms - Stage Two and stage Three, as herein provided,
under and pursuant to Act 342. The township by way of com-
pliance with Section 29, Article VII, Michigan Constitution
of 1963, consents and agrees to the establishment and location
of the system within its corporate boundaries and to the use
by the county of its streets, highways, alleys, lands,
rights-of-way or other public places for the purpose and
facilities of the system and any improvements, enlargements
or extensions thereof, and the township further agrees that,
in order to evidence and effectuate the foregoing agreement
and consent, it will execute and deliver to the county such
grants of easement, right-of-way, license, permit or consent .
as may be requested by the county.
2. The Evergreen Sewage Disposal System - Bloomfield
Township Trunk Arms - Stage Two and Stage Three shall consist
of the sewage disposal facilities shown on Exhibit A which is
hereunto attached and which is hereby made a part hereof, and
as are more particularly set forth in the preliminary plans
which have been prepared and submitted by the consulting
engineers, which plans are on file with the County Agency and
are hereby approved and adopted. The system shall be acquired
and constructed substantially in accordance with the said pre-
liminary plans and in accordance with final plans and specifi-
cations 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 system, and which
do not require an increase in the total estimated cost of the
system, may be permitted on the authority of the County Agency.
Other variations or changes may be made if approved by the
County Agency and by resolution of the Township Board and if
provisions required by Paragraph 8 hereof are made for payment
or financing of any resulting increase in the total estimated
cost. The estimate of cost of the system and the estimate of
period of usefulness thereof as set forth in Exhibit B are
likewise hereby approved and adopted.
3. The County Agency shall take or cause to be taken
all actions required or necessary, in accordance with Act 342,
to procure the issuance and sale of bonds by the County, in
one or more series, in whatever aggregate principal amount ,
is necessary to be so financed to defray the total cost of
- the county system which is in excess of funds available from
other sources. Such bonds shall be issued in anticipation
of, and be payable Primarily from, the payments to be made
by the township to the county as provided in this contract,
and shall be secured sE,c7ondarily, if so voted by the Board
of Commissioners of the county, by the pledge of the full
faith and credit of the county, and the said bonds shall be
payable in annual maturities the last of which shall be not
more than forty years from the date thereof.
4. The County Agency shall proceed to take construc- -
tion bids for the system and, subject to the sale and delivery
of said bonds, enter into construction contracts with the lowest
responsible bidder or bidders, procure from the contractors
all necessary and proper bonds, cause the system to be constructed
within a reasonable time, and do all other things required'
by this contract and the laws of the State of Michigan. All .
certificates for required payments to contractors shall be
approved by the consulting engineers before presentation to
the County Agency and the latter shall be entitled to rely
on such approval in making payment.
The county hereby ageees that it will secure, or
cause to be secured, and maintained during the period of con-
struction adequate property damage and public liability insurance
covering all facilities to be constructed pursuant to this
contract. All policies and memorandums of insurance shall pro-
vide that the county and the township shall be insured parties
thereunder and shall contain a provision requiring that the
township be notified at least ten . days prior to ,cancellation
thereof. One copy of each policy and memorandum of insurance
shall be filed with the township.
5. It is understood and agreed by the parties hereto
that the system is to serve the township and not the individual
property owners and users thereof, unless by special arrange-
ment between the County Agency and the township. The respon-
sibility of requiring connection to and use of the system and
or providing such additional facilities, as may be needed,
shall be that of the township which shall cause to be constaoucted
and maintained, directly or through the county, any such necessary
additional facilities. The county shall not be obligated to
acquire or construct any facilities other than those designated
in paragraph 2 hereof.
6. The township shall pay to the county the total
cost of the system (less such funds as may become available
from other sources), which total cost for this purpose shall
include, in addition to the items of the nature set forth in
Exhibit B (represented by the principal amount of the bonds
to be issued by the county plus such funds as may become avail-
able from other sources), all interest payable by the county
on said bonds and all paying gent 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 payment shall be made to the county in annual
installments which shall be due and payable at least thirty
days prior to the day of the month specified in the county
bonds as the annual principal maturity date thereof. Such
an annual installment shall be so paid in each year, if any
principal and/or non-capitalized interest on said bonds falls
due during the twelve-month period beginning on such principal
maturity date in said year, and the amount of each installment
so due and payable shall be at least sufficient to pay . all
such principal and/or interest thus falling due and all bond
service charges then due and payable. The County .Agency shall,
within thirty days after delivery of the county bonds to the
purchaser, furnish the Township Treasurer with a complete
schedule of the principal and interest maturities thereon,
and the County Agency shall also, at least thirty days before
each payment is thie to be made by the township, advise the
Township Treasurer of the amount payable to the county on such
date. If the township fails to make . any payment to the county
when due, the same shall be subject to a penalty of 1% thereof
for each month or fraction thereof that such amount remains
unpaid after due. Failure of the County Agency to furnish
the schedule or give the notice as above required shall not
excuse the township from the obligation to make payment when
due. Such payments shall be made by the township when due
whether or not the system has then been completed or placed
in operation. In the event that additional county bonds shall
be issued under the authority of this contract, to defray a
part of the cost of the .system, the foregoing obligations shall
apply to such part of the cost and to said additional bonds
insofar as appropriate thereto.
7. The Township may pay in advance any amount pa
able to the county pursuant to this contract and in that event
shall be credited therefor on future-due amounts as may be
agreed by the parties hereto. The township may also pay in
advance any one or more installments or any part thereof (a)
by surrendering to the county any of said county bonds of like
principal amount with all future-due coupons attached thereto,
or (b) by paying to the county in cash the principal amount
of any county bonds which are subject , to redemption prior to
maturity, plus all Interest thereon to the first date upon
which such bonds may be called for redemption, and plus all
applicable call premiums and bond service charges, and in
such event the County Agency shall call said bonds for re-
demption at the earliest possible date. The installments or
parts thereof so prepaid shall be deemed to be the install-
ments or parts thereof falling due in the same calendar year
as the maturity dates of the bonds surrendered or called for
redemption and bonds and coupons so surrendered or redeemed
shall be cancelled.
8. In the event that it shall become necessary to
increase the estimated cost of the system as hereinbefore
stated, or if the actual cost of the system shall exceed the
estimated cost, whether as the result of variations or changes •
permitted to be made in the approved plans or otherwise, then
(without execution of any further contract or amendment
this contract) the Township Board may, by resolution adopted
within fifteen days after the receipt of construction bids,
direct that a portion of the system be deleted sufficient to
reduce the total cost to an amount which shall not exceed the
total estimated cost as hereinbef re stat d by more than 5%,
provided that such deletion shall not materially change the
general scope, overall design, and purpose of the system,
or in the absence of the adoption of such a resolution the
township shall pay or procure the payment of the increase or
excess in cash, or county bonds in an increased or additional
amount shall(upon adoption of an authorizing resolution therefor
by the Board of Commissioners) be issued to defray such increased
or excess cost, to the extent that funds therefor are not
available from other sources: Provided, however, that no such
increase or excess shall be approved and no such increased
or additional county bonds shall be authorized to be issued,
nor shall the county enter into any contract for acquisition
or construction of the 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 the total cost of the
system to exceed by more than 5% its total estimated cost
hereinbefore stated, unless the Township Borad shall have
previously adopted a resolution approving such increase or
excess and agreeing that the same (or such part thereof as
is not available from other sources) shall be paid or its
payment procured by the township in cash or be defrayed by
the issuance of increased or additional county bonds in an
pation of increased or additional payments agreed to be made
by the township to the county in the manner hereinbefore pro-
vided: Provided, further, that the adoption of such resolution
by the Township Board shall not be required prior to or as
a condition precedent to the issuance of additional bonds by
the county, if the county has previously issued or contracted
to sell bonds to pay all or part of the cost of the project
and the issuance of the additional bonds is necessary (as
determined by the county) to pay such increased, additional.
or excess costs as are essential to completion of the project
according to the plans as last approved prior to the time when
the previous bonds were issued or contracted to be sold.
9. In the event that the actual cost of the system
is less than the total estimated cost, then any surplus avail
able to the county from the sale of county bonds shall, at
the option of the Township Board, be used either to improve,
enlarge or extend the system or the Evergreen Sewage Disposal
System, or to apply upon future payments due to the county,
or to redeem bonds or to purchase the same on the open market,
provided that such surplus shall be used to improve, enlarge
or extend the system only if authorized by the Board of Com-
missioners. Any such surplus may, for the purpose of improving,
enlarging or extending the system, be supplemented by cash
payments to be made by the township, or such improvements,
enlargements or extensions may be financed entirely from such
cash payments, where authorized by the Township Board. Where
any such surplus is used to redeem or purchase bonds, the same
shall be cancelled, and the payments thereafter required to
be made by the township to the county shall be reduced so as
to reflect the resulting saving of interest and the payment
required to be made in the calendar year of the stated maturity
said bonds shall be reduced by the principal t thereof .
10. Should the township fail for any reason to pay
the county at the times specified, the amounts herein recmired
to be paid, the township does hereby authrize the State Treasurer
or other official charged with the disbursement of unrestricted
state funds returnable to the township pursuant to the Michigan
constitution to withhold sufficient funds to make up any default
or deficiency in funds. If the full faith and credit of the
county is pledged for the prompt payment of the principal of
and interest on the bonds to be issued by the county and if
the county is recluired to advance any money by reason of such
pledge on account of the delinquency of the township, the
County Treasurer is hereby authorized to notify the State
Treasurer to deduct the amount of money so advanced by the
county from any unrestricted moneys in the State Treasurer's
possession belonging to the township and to pay such amount
to the county.
, The foregoing shall not operate to limit the county's right
to pursue any other legal remedies for the reimbursement of moneys
advanced on account of the default of the township.
11. The township, pursuant to the authorization of Section
5a of Act No. 342, does hereby pledge its full faith and credit for the
prompt and timely payment its obligations expressed in this contract
and shall each year levy a tax in an amount which, taking into consielEir-
ation estimated delinquencies in tax collections, will be sufficient to
pay its obligations under this contract becoming due before the time of
the following year's tax collections: Provided, however, that if at the
time of making its annual tax levy, the township shall have on hand in
cash other funds which have been set aside and pledged or are otherwise
available for the payment of such contractual obligations falling
prior to the time of the next tax collection, then the annual tax
may be reduced by such amount. The Township Board shall each year, at
least 90 days prior to the final date provided by law for the making of
the annual township tax levy, t7 .-_ 'it to the County Agency a written statez-
ment setting forth the amount of its obligations to the county which be-
come due and payable under this contract prior to the time of the next
following year's tax collections, the amount of the funds which the
township has or will have on hand or o its credit in the hands of the
county which have been set aside and pledged for payment of said obliga-
tions to the county, and the.amount of the township taxes next proposed
to be levied forthe'purpose of raising money: to meet such obligations.
The County Agency shall promptly review such statement and, if he finds
that the proposed township tax levy is insufficient, he shall so notify
the Township Board, and -the township hereby covenantsand agrees that it
will thereupon increase its levy to such extent as may be required by
the County Agency.
d.
event that all or any part of the territ f the township is in-
governing body of the new mun pality or the municipality annexing
, 12. No change in the jurisdiction over any territory in
the township shall in any manner impair the obligations of this corn
tract or affect the obligations of the township hereunder. In the
.corporated as a new city or village or is annexed to or becomes a
part of the territory of another municipality, the municipality into
which such territory is incorporated or to which such territory
flexed shall assume the proper proportionate share of the contractual
obligations (including the pledge of full faith and credit) of the
township, which proper proportior share shall be fixed and deter-
I up:. mined by the County Agency and shall be bindi all...parties con-
cerned unless, within sixty (60) days after such incorporation or an-
nexation becomes effective, the governing body of the municipality into
which such territory is incorporated or to which such territory is an-
nexed and the Township Board shall by mutual agreement and with th ,-
written approval of the County Agency fix and determine such proper
proportionate share. The County Agency shall, prior to making such
determination, receive a written recommendation as to the proper pro- -
portionate share from a committee composed of one representative desig-
nated by the Townshi Board of the township, one designated by the
such territory, and one independent registered engineer a intcd by
the County Agency. Each governmental unit shall appoint its rep senta- -
tive within fifteen (15) days after being notified to do so by the County
Agency and within a like time the County Agency shall appoint the engineer
third member. If any such representative (other than the appointee of
the County Agency) is not appointed within the time above provided, then
the County Agency may proceed without said recommendation. If the co7mitto,
shall not make the recommendation within forty-five (45) days after its
appointment or with any extension thereof by the County Agency, then the
County A =ncy may proceed without such recommendation.
13. This contract is contigent upon the county issuing its
negotiable bonds as herein provided, to defray such part of the total
estimated cost of the system as is necessary to be financed, which bonds .
shall be issued under the authorization provided. in Section 5a, 5b and .
5c of said Act 342. Interest on the bonds shall be capitalized and
paid from the bond proceeds for a period not exceeding the .estimated con-
struction period and one year thereafter. In the event that the bonds .
are not issued within three years from the date of this contract, then
unless extended by mutual agreement it shall become null and void, ex-'
cept that the township shall pay all engineering, legal and other costs
and expenses theretofore incurred and shall be entitled to all plans,
specifications and other engineering data and materials..
14. UpOncempletion of t ystem the county does hereby ..
lease the same to the township to operate andmaintain the same upon the
following terms and conditions:
(a) The system shall be used Only i
serve area in the municipality.
(b) The township shall maintain the
system in good condition.
(c) The township and the county shall
not permit the discharge into the
system of any storm water.
(d) The township shall appropriate in
each year such sums as shall he
sufficient at least to pay the
cost of operating and maintaining
the system, and to establish a fund
for replacements, improvements, and
major maintenance of the system. In
addition, the township may make and
collect such servide charges, connection
charges or special assessments -to indivi-
dual users as shall be deemed desirable
to help to pay the operating costs of the
township and to provide such other funds
for sewage disposal purposes as are deemed
desirable. The township shall enforce
prompt payment of all such charges and
assessments as the same shall become due.
The township hereby accepts the lease of the system upon the terms and
conditions herein set forth.
It is further agreed with respect to the system that at all :
times d=-: the operation thereof by the township, as lessee, that it
will obtain and maintain in effect adequate property damage,
liability and wor) ,'s oom17 - tion ins' -e covering all facilities
leased to the township under any contract with the county now or here-
after in effect. All policies and memorandums of insurance shall pro-
vide that the county and the ip shall be insured parties there-
under and shall contain a'Provision requiring that the county be noti-
fied at leaSt ten days prior to cancellation thereof. One 'copy of each
policy and memorandum of insurance shall be filed with the Coun oy. .
. The county shall have no obligation sponsibility -
for providing sewers or sewage disposal facilities except as herein •
expressly provided with respect to the acquisition of the system or as
otherwise provided by contract. The township shall have the authority
and the responsibility to provide such other facilities and shall have
the right to expand the facilities of the system by constructing or ex- .
tending sewers or related facilities, connecting the same tothe system,
and otherwise improving the system. It is expressly agreed, nevertheless,
that no such connection -(other than individual tapins) shall be made to
the system and no improvement, enlargements or extensions thereof shall
new construction by the County Agen further agrooc that the C. y ,
• • unpaid, the provisions of this contract not be subject to any alter-
security of the bonds or the prompt of principal or interest pa
thereon. The right to mae ch,T,ngcs contract, by amend ,: in this
is hereby declared that the terms of this contract and of any ; '- cry
be made yiLhout first securing a permit .rctor from the County- Agency.
Any such permit may be made conditional upon inspection and apoPoval of
system shall be used for collection and conveyance of sanitary sewage
only and that the township shall take all necessary action to prevent
entry into the system of storm waters and also to prevent entry of
sewage or wastes of such a character as to be injurious ,te the systei .
or to the public health and safe
16. All powers, duties and functions vested by this contract
in the county shall be exercised and performed by the County Agency,
for and on behalf of the touhty, unless otherwise prcva by law or in
this contract.
17„ The parties beret° recognize that the holders from
ty „
time to time ofihe to 3,3 -,1 by the County under the provisions
of Act 342, and sec7u:_,.,.C;. by the full faith and credit pledge of the town-
ship to the making of its payments as set forth in this ::.::::ntract, will -
have contractual rights in this contract, and it
and agreed that so long as any of said bonds shall remain c',,Itstand .:„.n and
ation or revision which would in any m(T.,r -Tier adversely affect either the
supplemental contract or otherwise, is nevertheless reserved insofar
as the same do not have such adverse effect. The parties hereto futher
venant,and agree that they will each comply with their respective duties
and obligations und e r 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 may ir the contract of said bonds, the security
therefor, or the prompt payment of principal and interest thereon. It
or supplemental contract and any contract entered into pursuant hereto
insofar as they -ortdin to said bonds or to the payment of the security
period, a ition is filed with the Township Clerk pe r
thereof, shall be deemed to be for the benefit of the holders
f said bonds.
16. In the event that any one or more of the provi-
sions of this contract shall for any reason be held to he
invalid, illegal or unenforceable in any respect, such invalidit
illegality or unenforceability shall not affect any other pro- -
visions hereof, but this contract shall be construed as if
such invalid, illegal or unenforceable provision has nay
been contained herein.
19. This contract shall become effective upon its
execution by each party hereto and the expiration of 45 days
after the date of publication of the notice required by Section
5b of Act 342; Provided, however, that if, within the 45 day
of the Tc -_ • :ip of Bloomfield in accordancewith the provisions
of said Section 5b of Act 342 then this contract shall not become
effective until approved by the vote of a majority of the
electors of the township qualified to vote and voting thereon
at a general or special election. This contract shall terminate
forty (40) years from the date hereof or on such earlier date
as shall be mutually agreed: Provided, however, that it shall
not be terminated at any time prior to the payment in full
the principal of and interest on the county bonds together
with all bond service charges pertaining to said bonds. This
contract. may be executed in several counterparts. The pro-
visions of this contract shall inure to the benefit of and
be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
this contract to be executed and delivered by the undersigned,
By
Supervisor
By
County Drain Cc- • s _
(County Agency)
being duly authorized by the renpebtive governing bodies of
such parties, all as of the day and year first above written.
TOWNSHIP OF BLOOMFIELD COUNTY OF OAKLAND
Township Clerk
Scale 16 r- 4000'
423rmaDv PRO A % T
EVERGREEN SEWAGE DI7cP ,:"..../:‘,L sysTE
BLOOMFIELD TOWNSHIF TRUNK ARMS
_ STAGE TWO AND STAGE_ _THREE
JULY 6, 1976
Total Construction Cost = O a • $1,137,636.00
• • a
o a o
. $92,749.57
. 17,064.54
2,500.00
9_,000.00
O 0000 000
• 0000000
O 0000000
O '0000 000
a a o so a
• 0000000
O 000000
00000000
121,314.11
34,867.26
45,505.44
80,000.00
1,737.00
7,200.00
8,250.00
3,000.00
500.00
a • a ea 0
1,450.00
122 540.19 Contingency . .
Sub-Total . $1,564,000.00 ---
Capitalized Interest (8% for 2 months). . 136,000.00 S
Total Estimated Project Cost . = $1,700,000.00 0 aa 0
BLOOMFIELD TOWNSHIP TRUNK ARMS -
Stage Two and Stage Three
Estimate of Cost
976
@$
122 L.P. 16" Pile Supported Sewer
16" D.I. Sewer
14,637 L.F. 15" Sewer
4,014 L.F. 12" Sewer
2,111 L.F. 10" Sewer
3,742 L.F. 6" Houselead & Riser
293 L.P. 6" D.I. Forcemain
43 L.F. Bore & jack Casing for 16" Sewer
95 L.P. Bore & jack Casing for 10" Sewer
100 Ea. Standard Manholes
1 Ea. Tap to Existing
2 Ea. Tap to Existing Wet Well
1 Ea. Pumping Station
1,040 L.F. 8" D.I.Watermain &Appurtenances
65.00
50.00
45.00
40.00
30.00
15.00
12.00
110.00
105.00
850.00
1,000.00
1,000.00
@ 60,000.00
20.00
= $ 7,930.00
4,000.00
658,665.00
160,560.00
63,330.00
56,130.00
3,516.00
4,730.00
9,975.00
85,000.00
1,000.00
2,000.00
60,000.00
20,800.00
Engineering
Consulting Engineer (Design) . .
Consulting Engineer (Staking & Layout). . .
Soil & Material Testing . . •
Soil Borings . „ „ ,
Id 6 6 6
6 V 6 6
6 • 0
aa S S • a 4 0
$ 400.00
100.00
700.00
250.00
Project Administration
Inspection .
6 6 • • 6 6 6 6 0 • 6
• 6 eV 00000 0 ot 6 •
Easement Acquisition . . .
Act 347 Permit . . . .
Financial Consultant . .
Bond Counsel . . . . . .
Bond Prospectus . . . . . .
Bond Printing . - . . . . .
Publishing
Oakland Press . •
Michigan Contractor & Builder
Bond Buyer .
Local Publication .
I hereby estimate the period of usefulness of this facility
to be forty (40) years and upwards.
HUBBELL, ROTH & CLARK, INC.
By / / , 7[7
James R. Foley ;
%18377
Revised lE>:-hibit "B"