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/
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,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)
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10-03
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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
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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