Loading...
HomeMy WebLinkAboutResolutions - 1976.07.29 - 14183The Planning and Building Committee, by Patrick K. Daly Chairman , moves the adoption of the following its The following resolution is with reference to the Clinton -Oakland Sewage Disposal_3_y_stam - West Bloomfield Extension No.. 2 and is to (1) aesigaateiar in Commis,sioner as the Count,y_Aapcy (2) approve plans ancLaarinnate al_ cost: _Ds_nclap. ra.2yescrtract dated August 1, 1976. and since a copy of the resolution has, prior to this meeting been mailed to all members of this Board I respectfully request that reading of same be waived. • Resolution: At a regular meeting of the Board of Commis- sioners of Oakland County, Michigan, held in the Board of Commissioners Auditorium Building, Oakland County Service. Center, 1200 North Telegraph Road, Pontiac, Michigan, on the 29th day of 1976, at 10:00 o'clock A.M., Eastern PRESENT: Aaron, Button, Daly, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Wilcox, Wilson. (25) ABSENT: Dearborn, Simmons. (2) RESOLUTION NO. 7643 BY: IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM (WEST BLOOMFIELD EXTENSIONS -NO 2) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Township of West 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 "Clinton-Oakland Sewage Disposal System (West Bloomfield Extension No. 2)" (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 improve- ments and facilities would likewise benefit the county and its residents, and the parties to said proposed contract have concluded that such improve- ments 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 Sc 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 West 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 county's consulting engineers, plans for the construction thereof and estimates of $20,800,000 as the total cost thereof and forty (40) years and upwards as the period of usefulness thereof, all of which have been submitted to this Board of Commissioners for its approval and adop- tion 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 contract; and WHEREAS, this Board of Commissioners desires to proceed with the establishment of said system and the acquisition, construction and financing of said system as provided in said contract; ' 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 improve- ments and services to serve the Township of West Bloomfield, Oakland County, Michigan, to be known as the "Clinton-Oakland Sewage Disposal System (West Bloomfield Extensions No. 2)", which system shall consist of sewage disposal facilities to serve the Township of West Bloomfield, as specified and to be located as stated in the form of proposed contract 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 Township of West Bloomfield as provided in the said contract. -2-- , 1976", and be attached to the minutes of this on July 29 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 contract between the County of Oakland and the Township of West Bloomfield, dated as of August 1, 1976, is hereby approved and adopted, and the Oakland County Drain Commissioner (as the County Agency for the system) is hereby authorized and directed to execute and deliver said contract for and on behalf of the county, in as many counterparts as may be deemed advisable. 4.. That the copy of said proposed contract as submitted to and approved by this Board be identified by endorsement thereon ' by the County Clerk of the statement "Approved by Board of Commissioners meeting. MR,.. CHAIRMAN, on behalf of the Planning and Building Committee, I move the adoption o•the foregoing resolution. PLANNING AND BUILDING COMMITTEE Patrick K. Daly, Chairman ADOPTED: Yeas — Wilson, Aaron, Button, Daly, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Roth, Wilcox. (23) Nays — None. (a) Absent — Dearborn, Douglas, Price, Simmons. (4) July 29th day of , 1976 , the original of which siganture this 29th day of A.D. 1976 . July A Lynn en, 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 Commissioners, held on the is on file in my office. IN WITHNESS WHEREOF, I have hereunto affixed my official County Clerk :—/AI len, County Clerk CLINTON—OAV;LAND SEWAGE DISPOSAL SYSTEM (WEST BLOONFIELD EXTEI,ST01:3 NO. 2) 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 WEST BLOOMFIELD, a township cor- poration in said county and state (hereinafter sometimes referred to as the "township"), party of the, second part. WITNESSETH: WHEREAS, pursuant to the provisions of Act No, 185, Public Acts of Michigan, 1957, as amended, the Oakland County Board of Super- visors by Resolution, Misc. No. 4342, adopted on June 22, 1964, did approve of establishment of the Clinton-Oakland Sewage Disposal System to serve the Clinton-Oakland Sewage Disposal District, within which District lies all of the township; and WHEREAS, the County of Oakland, through its Board of Public Works, acquired and constructed the Clinton-Oakland Sewage Disposal System pursuant to the Amended Clinton-Oakland Sewage Disposal System Contract, dated January 11, 1968, betweenthe County of Oakland, the Charter Township of Waterford, the Township of Avon, the Township of West Bloomfield, the Township of Independence, the Township of Orion, and the Township of Pontiac; and WHEREAS, pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342 11 ), the Board of Commissioners of the county has heretofore, by majority vote vote of its members-elect, authorized and directed that there be estab-. "Approved by Board of Commissionersion )0 9-1 29, lished a county system of sewage disposal improvements and services to serve the township, said system to be known as "Clinton-Oakland Sewage Disposal System (West Bloomfield Extensions No 2)" (hereinafter some- times 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 author- - ized to enter into a contract, as hereinafter provided, for the acqui- sition 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 pledgeof .the full faith and credit of thetownship 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 Note of the members-elect of its Board of Commissioners, 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 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 like- wise 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 -2-- WHEREAS, the County Agency has obtained preliminary plans for the county system and also an estimate of $20,800,000 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 Commissioners of the county and the Township Board of the township and placed on file in the office of the County Agency, said estimatesbeing set forth in Exhibit B hereunto attached; and WHEREAS, in order to provide for the acquisition and con- struction 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 COVE- NANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: The parties hereto do hereby approve and agree to the establishment, acquisition, construction and financing of the Clinton Oakland. Sewage Disposal System (West Bloomfield Extensions No 2), as herein provided, under and pursuant to Act 342. The township by way of compliance 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, en- largements 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. -3- 2. The Clinton-Oakiand Sewage Disposal System (West Bloomfield Extensions No 2) 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 particulary set forth in the preliminary plans which have been prepared and submitted by the consulting engineers, whioh plans i 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 preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the con- , suiting engineers, but variations therefrom which do not materially change the location, capacity or O'verall design of the system, and which do not require an increase in the total estimated cost of the system, may be - permitted on theAauthority of the County Agency. Other variations or changes may be made if approved by the County Apency 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 estimateof cost of the system and the estimate of period of usefulness thereof as set forth in Exhibit B are likewise here- by 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 that part of the total cost of the county system which is in, excess of funds available from Federal and/or State grants or 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 secondarily, 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-- 4.- The County Agency shall proceed to take construction 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 Michi- . 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 agrees that it will secure, or cause to be secured, and maintained during the period of gonstruction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract -. All policies and memoran- dums of insurance shall provide 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 he 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 arrangement between the County Agency and the township. The responsibility 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 constructed and maintained, directly or through the county, any such necessary additional facilities. The county shall not be obli- gated to acquire or construct any facilities other than those designated in paragraph 2 hereof. ga -5- 6. The township shall pay to the county the total cost of the system (less such funds as may become available from Federal and/or State grants or 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 available from Federal and/or State grants or other sources) all interest payable by the county on said bonds and all paying agent feesand other expenses and charges . (including the County Agency's administrative expenses) which are pay- able 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. suffi- cient 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 due 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 pay- ment when due. Such payments shall be made bir.the township when due -6-- 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 author- ity 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 dny amount payable 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 countybonds which are subject to redemption prior to maturity, plus all interest thereon to the first date upon which such bonds may be called or redemption, and plus all applicable call premiums and bond service charges, and in such event the County Agency shall call said bonds for redemption at the earliest possible date. The install- ments 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 maturlty 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 of this_contract) the Township Board may, by resolution adopted within fifteen days after the receipt of construction bids, direct that rl portion of the system be deleted sufficient to reduce the total cost to.an amount which shall not exceed the total estimated cost as hereinbefore stated -7- 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 adop- tion of an authorizing resolution therefor- by the Board of Commissioners) be issued to defray such inereased 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 as hereinbefore stated, unless the Township Board shall have pre- viously adopted a resolution approving such increase cr 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 anticipation of increased or additional payments agreed to be made by the township to the county in the manner hereinbefore provided: 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 deter- mined 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. -8- 9, in the event that the actual cost of the system is less than the total estimated cost, then any surplus available 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 Clinton-Oakland 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 Commissioners. 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, en- largements or extensions may be financed entirely from such cash pay- ments, 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 matur- ity of said bonds shall be reduced by the principal amount thereof. 10. Should the township fail for any reason to pay the county at the times specified, the amounts herein required to be paid, the township does hereby authorize 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 princi- pal of and interest on the bonds to be issued by the county and if the county is required to advance any money by reason of such pledge on account of the delinquency of the township, the County Treasurer is hereby author- ized to notify the State Treasurer to deduct the amount of money so ad-- vanced 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. -9- 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 of its obligations expressed in this contract and shall each year levy a tax in an amount which, taking into consider- 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 due prior to the time of the next tax collection, then the annual tax levy 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, submit to the County Agency a written state- 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 to 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 covenants and agrees that it • will thereupon increase its levy to such extent as may be required by the County Agency. -10- 12. No change in the jurisdiction over any territory in the township shall in any manner impair the obligations of this con- tract or affect the obligations of the township hereunder. In the event that all or any part of the territory of the township is in- 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 is an- nexed shall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of the township, which proper proportionate share shall be fixed and deter- mined by the County Agency and shall be binding upon allparties 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 the 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 Township Board of the township, 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 governmental unit shall appoint its representa- 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 committee 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 Agency may proceed without such recommendation. -11- 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 enginerring data and materials. 14. Upon completion of the system the county does hereby lease the same to the township to operate and maintain the same upon the following terms and conditions:- (a) The system shall be used only to 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 be 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 service charges, connection charges or special assessments to in- . dividual users as shall be deemed de- sirable 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. -12- (e) At all times during the operation thereof by the township, as lessee, that it will obtain and maintain in effect adequate property. damage, public liability and workmen's compensation insurance7ccvering all facilities leased to the township under any contract with the county now or hereafter ineffect. All policies and memorandum of insurance shall provide that the county and the township shall . be ,insured parties thereunder and shall contain a provision requiring that the county be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of • insurance shall be filed with the County Agency. (f) The township shall at all times operate, maintain and use the system and the fa- cilities thereof in such manner as to comply fully and completely with the requirements of U.S. Public Law 92-500 and the contract of grant entered into pursuant thereto among the U.S. the State and the County of Oakland, a copy of • which grant contract has been furnished • to the township. The township hereby accepts the lease of the system upon the terms and conditions herein set forth. 15. The county shall have no obligation or responsibility 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 to the system, and otherwise improving the system. It is. expressly agreed, nevertheless, that no such connection (other than individual tap-ins) shall be made to the system and no _improvement, enlargements or extensions thereof: shall -13- be made without first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. It is further agreed that the 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 .to the system or to the public health and safety. 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 County, unless otherwise provided by law or in this contract. • 17. The parties hereto recognize that the holders from time to time of'the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the town- ship to the making of its payments as set forth in this contract, will have contractual rights in this contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be subject to any alter- ation or revision which would in any manner adversely 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. The parties hereto Luther 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 contract of 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 of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment of the security -14- thereof, shall be deemed to be for the benefit of the holders of said bonds. 18. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unen- forceability shall not affect any other provisions hereof, but this con- tract shall be construed as if such invalid, illegal or unenforceable provision has never 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 period, a proper petition is filed with the Township Clerk of the Township of West Bloomfield in accord- ance with the provisions of said Section 5b of Act 342 then this con- tract shall not become effective until approved by the vote of a major- ity 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 mu- tually agreed: Provided, however, that it shall not be terminated at any time prior to the payment in full of 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 provisions of this contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. TOWNSHIP OF WEST BLOOMFIELD COUNTY OF *OAKLAND IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. By Supervisor By By Town ship Clerk County Drain Commlssioner - (County Agency) LAKE RO. COMMERCE o , , • OAKLEY PARK PONT!AC ; LEGEND - CLINTON-ONq AND INTERCEPTOR B WEST BLOOI,TH TOWNSHIP EXTENSIONS PROPOSED. CO-I I. F-C )-T )--F• ! ftI LAKE WiLLOW ' •n••.• CLINTON—OAKLAND SEWAGE DISPOSAL SYSTEM (WEST BLOOMFIELD EXTENSIONS No, 2) 7,11 71.; $ 400.00 . . 100.00 700.00 40.4 250.00 $1,450.00 = 1,392,390.00 Contingency Capitalized Interest (8% for 18 mo.) 2,496,000.00 By David Warin P.Eo #9775 August 1, 1976 CLINTON-0AnAND SEWAGE DISPOSM, SYSTEM (WEST BLOOMTIELD EXTENSIONS NO. 2) Estimate of Cost Contract No, Contract No, Contract No. Contract No, Contract No, Contract No, Contract No. Contract No. Contract No. Contract No. Contract No, Contract No, Contract No. Total Construction Cost = Engineering Consulting Engineer (Design) . . .$ Consulting Engineer (Staking 6, Layout) Soil and Material Testing Soil Borings $ 1,235,680.00 882,416.00 2,425,116.00 394,026,00 721,533.00 975,627.00 834,580.00 1,019,234.00 1,502,856.00 1,465,469.00 1,170,979.00 952,188.00 340,300.00 . . $13,920,004.00 833,808.00 208,800,00 10,000.00 23,593.00 1 2 3 4 5 6 7 8 9 10 11 12 13 • $1,076,201.00 1,076,201.00 Project Administration . Inspection . Easement Acquisition. . . Act 347 Permit . . Financial Consultant — e • V Bond Counsel 4 • • •• Bond Prospectus Bond Printing ... — Publishing . .... Oakland Press . Michigan Contractor & Builder Bond Buyer Local Publication • . 412,150.00 • • 626,400.00 a 4 V 4 782,685.00 . V 14,520.00 • 27,600.00 • . 46,600.00 3,000.00 1,000.00 1,450.00 Sub-Total . . — =$18,304,000.00 =$2 0 ,8 00,000.00 Total Estimated Project Cost I hereby estimate the period of usefulness of this facility to be forty (40) years and upwards. HUBBELL, ROTH & CLARK, INC.