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HomeMy WebLinkAboutResolutions - 1976.11.03 - 143027 724 RESOLUTION NO. SUBMITTED BY COMMISSIONER IN RE; OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR AVON TOWNSHIP EXTENSIONS NO. 2 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County Drain Commissioner reports the receipt of certified copies of a resolution adopted by the Township Board of the Township of Avon and reading as follows: Da 1 y REQUEST TO EXTEND OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR AVON TOWNSHIP At a spe.c .:ipt meeting of the Township Board of the Township of Avon, Oakland County, Michigan, held in the Town Hall in the said township on the 7th day of October 7:30 1976, at o'clock P.M Daylight ., Eastern Time. PRESENT: Supervisor Borden, Clerk Spencer, Treasurer Knudsen, Trustees Trimble, Nowicki, Healy, Schmittel ABSENT: None. (0) Quorum present. The following resolution was offered by Mr. Healy and seconded by Mrs„- Spencer WHEREAS, the Township of Avon desires to provide additional water supply and sewage disposal services to certain areas in said township; and WHEREAS, in order to provide such water supply and sewage disposal services it is necessary to extend the Oakland County Water Supply and Sewage Disposal Systems in said township; and WHEREAS, the County of Oakland has heretofore established the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to Act No. 185 of the Public Acts of Michigan of 1957, as amended, to serve the areas in the Township of Avon, but because of the abolition of the Act No. 185 Board of Public Works in Oakland County, the Oakland County Board of Commissioners has designated the County Drain Com- missioner as the County Agency to act pursuant to Act No. 342 of the Public Acts of Michgian of 1939, as amended, and the provisions of said Act No. 342 provide for the establishment and acquisition of water supply and sewage disposal systems and the extension, enlargement and improvement diereof by the County acting through the County Agency; and WHEREAS, the County has surplus funds on hand representing proceeds of its Oakland County Water Supply and Sewage Disposal Systems for Avon Township Bonds, Series A and Series B, and it is provided in the contracts between the County and the Township that such surplus bond proceeds may be expended at the request of the Township Board and with the approval of the County Board of Com- missioners for extensions, enlargements and improvements of the water supply and sewage disposal systems in the Township, the amount of which surplus funds at this date is in excess of $850,000.00, and WHEREAS, there may be made available to the County and the Township, upon application by the County, Federal and State grants pursuant to U.S. Public Law 92-500 and State Act No. 329 of Public Acts of 1966, as amended, which may be used to study, plan and acquire sewage disposal facilities in the Township; and WHEREAS, there exists a need in the Township for sewer extensions as shown on Exhibit "A-Sewer" and for water extensions as shown on Exhibit "A-Water", each of which is attached hereto and by this reference made a part hereof, with respect to which the making of studies and preparation of plans is required; and WHEREAS, it appears most practical and desirable for the County of Oakland acting through its County Agency under said Act No. 342, to extend the Oakland County Water Supply and Sewage Disposal System for Avon Township and to finance the cost of the same by the use of available funds from earlier County projects in the Town- ship, from Federal and State grants and from the issuance of bonds by • the County in anticipation of the collection of amounts to become due under a contract between said Oakland County and this township whereby this township will agree to pay the cost of extending the said Systems. THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE TOWNSHIP OF AVON, MICHIGAN, as follows: 1. That the County of Oakland is hereby requested to make studies and obtain plans to extend and enlarge the Oakland County Water Supply and Sewage Disposal Systems to serve areas in the Town- ship of Avon as shown on the said Exhibits "A" and to establish the systems and projects to include such extensions and enlargements, all pursuant to Act No.342, Michigan Public Acts of 1939, as amended. 2. That the Oakland County Board of Commissioners is hereby requested, pursuant to the previous Act No. 185 Contracts to approve the transfer temporarily of $850,000.00 from the surplus funds now remaining after providing for payment of all costs incurred in acquiring the Oakland County Water Supply and Sewage Disposal Systems for Avon Township to a fund to be created and administered by the County Agency pursuant to the said Act No. 342. 3. That the funds so transferred be used temporarily by the County Agency to carry out Facilities Planning, to apply for and receive Federal and State grants for the extensions and study and plan for the sewer and water extensions to provide sewer and water services in the areas shown on the said Exhibits "A". 4. That the County of Oakland isirequested and authorized to reimburse its general or special funds heretofore expended, for studies and planning, grant processing and for processing this request, from the surplus funds so transferred, and, if and when Federal or State grant proceeds are received, to reimburse to the surplus funds temporarily advanced pursuant hereto such grant proceeds as may lawfully be so used, it being understood that expenditures for water extensions or sewer exten- sions which are not grant eligible will not be reimbursed to the surplus funds until bonds are sold. 5. That the County of Oakland and the Township of Avon shall hereafter enter into an appropriate contract with respect to the ac- quis ition, financing and operation of said extensions and enlargements of said Oakland County Water Supply and Sewage Disposal Systems herein designated "Sewer Extension No. 2" arid "Water Extension No. 2" and also enter into an appropriate contract with respect to the operation and main- tenance of said extensions and enlargements. 6. That this townShip hereby agrees to reimburse the said County of Oakland for all reasonable engineering and administrative costs (in excess of the $850,000.00 of surplus funds transferred) hereafter actually incurred by its Department of Public Works or its County Agency in con- nection with the acquisition of said extensions and enlargements of said water supply and sewage disposal systems in the event, that for reasons beyond the control of said County, the same are not completed or the proceeds of grants or of bonds to finance the same are not received. ADOPTED: Yeas - Borden, Spencer, Knudsen, Trimble, NowIcki, Hea1y SchrrOttel Nays - None Absent -None, STATE OF MICHIGAN ) ss: COUNTY OF OAKLAND ) I, the undersigned, the duly qualified and acting Township Clerk of the Township of Avon, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolu- tion adopted by the Township Board at a s pec i, meeting held on the 7th day of October in my office. 1976, the original of which is on file IN WITNESS WHEREOF, I have hereunto affixed my official signature this 8th day of October , A.D. 1976. Thelma G, Spencer Avon Township Clerk ; and WHEREAS, it will be advantageous to the Township of Avon and the County of Oakland if a water supply and sewage dis- posal system is established pursuant to A lct No 342 of Public Acts of Michigan of 1939, as amended, and the County Drain Commissioner is named as the County Agency therefor and if a transfer of funds is authorized by this Board of Commissioners in accordance with the request of the Township; and WHEREAS, the County Agency and the Planning and Building Committee has each recommended adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COM- MISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the request resolution set forth in the preambles hereto be received and filed and 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 water supply and sewage disposal improvements and services to serve the Township of Avon, Oakland County, Michigan, to be known as the "Oakland County Water Supply and Sewage Disposal Systems for Avon Township - Extensions No 2" which systems shall consist of water supply and sewage disposal facilities to serve the Township of Avon, as specified and to be located as stated in the form of Township Board resolution above mentioned; that the Oakland County Drain Commissioner is hereby designated andappointed 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 systems 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 surplus funds transferred, grant or bond proceeds or pay- ments to be made by the Township of Avon as provided in the said resolution. 2. That the actions of the County Department of Public Works or of the County Agency in processing the grant applications, making studies and plans and requests for the systems to be established are hereby ratified and confirmed and obligations incurred or expenditures made therefor are hereby approved and the terms and conditions of the request resolution of the Township Board of the Township of Avon are hereby approved and accepted. 3. That this Board of Commissioners does hereby approve and authorize the temporary transfer, pursuant to the provisions of the previous Act No. 185 Contracts for the Oakland County Water Supply and Sewage Disposal Systems for Avon Township of $850,000.00 from the surplus funds now remaining after providing for payment of all costs incurred in acquiring said Systems pursuant to said previous Contracts to a fund to be created and administered by the County Agency pursuant to the said Act No. 342. 4. That the funds so transferred be used temporarily by the County Agency to carry out Facilities Planning, to apply for and receive Federal and State grants for the extensions and study and plan for the sewer and water extensions to provide sewer and water services in the areas shown on the said Exhibits "A". .T/ ---m ,J MR. CHAIRMAN, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution, which motion was supported by Mr. Houghten PLANNING AND BUILDING COMMITTEE ADOPTED: Yeas — Button, Daly, Dearborn, Douglas, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Mortante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Roth, Simmons, Wilcox, Wilson, Aaron. (25) Nays — None. (0) Absent — Dunleavy, Price. (2) ri wORTHAM OR 10-03 R ta ; _ 0 r t IL f 11E. . . • . A r ; 1 _ SOU -1H BLVD . Oakland Coeim'y V-Wer Supply And Sewage Disposal Systems For AVON TOWNSHIP Water Main Extension No 2 " " ExhiExhibitA-Water Sheet lof I 5 5 Z STATE OF MICHIGAN ) COUNTY OF OAKLAND y 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 .3,ay of 1976 the original of which is on file in my officer. WITNESS. WHEREOF e I have hereunto- affixea my offi„cial. signature- this 4 th day of November p- A,D Lynn D, Al en 1,77071iNTY - CtERK