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HomeMy WebLinkAboutResolutions - 1976.09.16 - 14388BY: Mr. Daly 7697 RESOLUTION NO. IN RE: EVERGREEN SEWAGE DISPOSAL SYSTEM - BINGHAM FARMS EXTENSION NO. 2 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the _Village of Bingham Farms and Village of Franklin are in urgent need of the sewage disposal improve- ments and facilities which are desCribed in the form of proposed contract hereinafter mentioned as constituting the "Evergreen Sewage Disposal System - Bingham Farms Extension No. 2" (here- inafter sometimes referred to as the "county system" or the "system"), in order to abate pollution of the waters of the• Villages 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 Village of Bingham Farms and Village of Franklin, dated as of July 1,:1976, providing for the acquisition, con- struction and financing of said coOnty system and has also caused to be prepared by the county's consulting engineers, plans for the construction thereof and estimates of $1,789,314 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 adoption 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 Exhibit A and B attached to said proposed contract; and WHEREAS, this Board of Commissioners desires to pro- ceed 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 member 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 improvements and services to serve the Village of Bingham Farms and Village of Franklin, Oakland County, Michigan, to be known as the "Evergreen Sewage Disposal System - Bingham Farms Extension No. 2", which system shall consist of sewage disposal facilities to serve the Village of Bingham Farms and Village of Franklin, 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 Aency with respect to said system, unless other- wise authorized by this Board, shall be payable solely from funds derived from State and/or Federal grants or payments to be made by the Village of Bingham Farms and Village of Franklin as provided in the said contract. 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 Village of Bingham Farms and Village of Franklin, dated as of July 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 sub- mitted to and approved by this Board be identified by endorse- ment thereon by the County Clerk of the statement "Approved by Board of Commissioners on September 16 , 1976", and be attached to the minutes of this meeting. MR. CHAIRMAN, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE ADOPTED: Yeas — Lennon, McDonald, Moffitt, Montante, Murphy, Nowak, Olson, Pernick, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot. (21) Nays — None. (0) Absent 7 Houghten, Kasper, Page, Patterson, Perinoff, Price. (6) STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND ) 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 16th day o f Septempber t 1976, the original of which is on file in my office. IN WITHNSS WHEREOF, I have hereunto affixed my official s-tganture this 16t h day of September A.D. 1976. Lynn D. Ai len, County Clerk CONTRACT EVERGREEN SEWAGE DISPOSAL SYSTEM - BINGHAM FARMS EXTENSION NO. 2 THIS CONTRACT, made as of this 1st day of July, 1976, by and between the COUNTY OF OAKLAND, a Michigan county cor- poration (hereinafter called the "county"), by and through its Drain Commissioner, party of the first part and the VILLAGE OF BINGHAM FARMS and the VILLAGE OF FRANKLIN, municipal cor- porations in the County of OaKland (hereinafter collectively called the "villages and individually called 'village"), parties of the second part: WITNESS1E.T H: WHEREAS, the Oakland County Board 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; and - WHEREAS, the Oakland County Board of Supervisors by Resolution, Misc. No. 4115, adopted March 6, 1963, did en- large the Evergreen Sewage Disposal District to include all of the Village of Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen Sewage Disposal System; and WHEREAS, pursuant to the vergreen 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 Southfield, 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 Depart- ment of Public Works, did acquire the original Evergreen System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corpora- tions to the County in accordance with the provisions of said agreement, as amended (herein referred to as the "Base Agreement"); and WHEREAS, the Villages have entered into agreements with the county, with the approval of the aforesaid municipal corporations who are parties to the Base Agreement, entitled Agreement Relative to the Addition of Areas to the Evergreen Sewage Disposal District and the Assumption of a Portion of the Cost of Acquiring the Evergreen Sewage Disposal System and Arms and Extensions Thereto, dated as of October 1, 1962, in the case of the Village of Bingham Farms, and dated as of April 1, 1970, in the case of the Village of Franklin, (herein called the "Addition Agreements") by which each of the said villages agrees to pay its proportionate share of the cost of acquisition of the Evergreen Sewage Disposal System and such parts of the Southfield-Rouge Arm and North Extension thereto then in being or under construction and of the opera- tion and maintenance thereof in accordance with the terms and provisions of said Base Agreement; and WHEREAS, the county and the City of Southfield and the Village of Bingham Farms have entered into an Agreement, Evergreen Sewage Disposal System, Southfield-Rouge Arm, dated as of April 15, 1964, as amended, concerning the construction of and payment for the Southfield-Rouge Arm and the North Extension thereto (herein called the "Southfield-Rouge Arm Agreements"); and WHEREAS, the county and the villages have entered into an Agreement, Evergreen Sewage Disposal System - Bingham . Farms Extension No. 1, dated as of April 1, 1971, and an Amendment to Agreement, dated as of October 1, 1971, and a SeCond Amendment to Agreement, dated as of September 1, 1972, which amended said Agreement of April 1, 1971, all of which - provided for extensions of said Evergreen Sewage Disposal System to provide services and facilities for said villages; 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 villages, said system to be known as "Evergreen Sewage Dis- posal System - Bingham Farms Extension No 2" (hereinafter somemtimes 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 villages 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 each of the villages to pay its respective share of such cost with interes 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 Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS, the villages are in urgent need of such sewage disposal improvements and facilities to provide the means of collecting and disposing of sanitary sewage of the villages, in order to abate pollution of the waters of the villages 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 $1,789,314 • 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 Giffels-Webster Engineers, Inc., (hereinafter sometimes referred to as the "consulting engineers") and have been submitted to and approved by the Board of Commis- sioners of the county and the Village Council of each of the villages 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 - Bingham Farms Extension No. 2, as herein provided, under and pursuant to Act 342. The villages by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, each consent and agree 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 improve- ments, enlargements or extensions thereof, and the villages each further agree 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 - Bingham Farms Extension 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 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 sub- stantially in accordance with the said preliminary plans and in accordance with final plans and specifications to be pre- pared 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 varia- tions or changes may be made if approved by the County Agency and by resolution of each Village Council and if provisions required by Paragraph 8 hereof are made for payment or fianncing of any resulting increase in the total estimated cost. The estimate of cost of the system and the estimate of period of usefulness thereof and the respective shares of cost for each village 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 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,Hnd be payable primarily from, the payments to be made by each village 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. 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.1 The county hereby agrees 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 provide that the county and the viii:ages shall be insured parties thereunder and shall contain a provision requiring that the villages be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with each village. 5. It is understood and agreed by the parties hereto that the system is to serve the villages and not the individual property owners and users thereof, unless by special arrange- ment between the County Agency and each village. 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 each village which shall cause to be constructed and maintained, directly or through the county, any such neces- sary additional facilities. The county shall not be obligated to acquire or construct any facilities other than those designated - in paragraph 2 hereof. 6. Each village shall pay to the county its respective share of the system as set forth on Exhibit B (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 avail- able from Federal and/or State grants or other sources), all interest payable by the county on said bonds and all paying agent 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 begin- ning 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 thrity days after delivery of the county bonds to the purchaser, furnish each Village Treasurer with a complete schedule of the share of each village 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 villages, advise the Village Tresurer of each of the amount payable to the county on such date. If a village fails to make any payment to the county when due, the same shall be subject to a penalty of I% 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 either village from the obligation to make payment when due. Such payments shall be made by each village 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 appro- priate thereto. • 7. A village may pay in advance any 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. A village 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 redemption at the earliest possible date. The installments or parts thereof so prepaid shall be deemed to be the installments 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 necesary 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 o otherwise, then (without execution of any further contract or amendment of this contract) either Village Council, may, by resolution adopted within fifteen days after the receipt of construction bids, direct that a portion of its part of the system be deleted sufficient to reduce its share of the total cost to an amount which shall not exceed its share of the total estimated cost as hereinbefore stated by more than 5%, provided that such deletion shall not materially change the general scope, overall design, and pur- pose of the system, or in the absence of the adoption of such a resolution a village 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 bythe Board of Commissioners) be issued funds therefor are not a ilable from other sources: Provided, 7 to defray such increased or excess cost, to the extent that however, that no such increased or excess shall be approved and no such increased or additional county bonds shall be authorized to be issued e 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 575- its total estimated cost as hereinbefore stated, unless each Village Council shall have previously adopted a resolution approving such increase or excess and agreeing that its share of the .same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the village in cash or be defrayed by the issuance of increased or addi- tional county bonds in anticipation of increased or additional payments agreed to be made by the Village to the county in the manner hereinbefore provided: .Provided, further, that the adoption of such resolution by a Village Council 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 addi- tional 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 each _Village Council, 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 villages or such improvements, enlargements or extensions may be financed entirely from such cash payments, where authroized by each _Village Council. 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 villages 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 of said bonds shall be reduced by the principal amount thereof, 10. Should a village fail for any reason to pay the county at the times specified, the amounts herein required to be paid, said village does hereby authorize the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the village 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 required to advance any money by reason of such pledge on account of the delinquency of a village, 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 village 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 a village. 11. Each village, 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 consideration estimated delin- quencies 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 t Provided, however, that if at the time of making its annual tax levy, a village 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. Eachyillage Council shall each year, . at least 90 days prior to the final date provided by law for the making of the annual village tax levy, submit to the County Agency a written statement setting forth the amount of its obligations ot the county which become 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 village 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 obligations to the county, and the amount of the village taxes next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall promptly review such statement and, if he finds that the proposed village tax levy is insufficient, he shall so notify the Village Council and each village hereby covenants and agrees that it will there- upon increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in a village shall in any manner impair the obligations of this contract or affect the obligations of that village hereunder. In the event that all or any part of the territory of a village is incorporated 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 annexed shall assume the proper propor- tionate share of the contractual obligations (including the pledge of full faith and credit) of the village, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties concerned unless, within sixty (60) days after such i ncorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the Village Council Shall by mutual agreement and with the written aprpoval 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 prOportionate share from a committee composed of one representative designated by the Village Council of the village, one, designated by the govern- ing body of the new municipality on the municipality annexing such territory, and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative 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 pro- . ceed without such recommendation. 1 13. This contract is contingent upon the county issuing its negotiable bonds as herein provided, to defray such part of the total estimated cost of the system as is neces- sary 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 construction 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, except that each village shall pay its share of all engineering, legal and other costs and expenses theretofore incurred and shall be entitled to its share of specifications and other engineering data and materials. 14. Upon complction of the system the county shall operate and maintain the same upon the following terms and conditions: (a) The system shall be used only to serve areas in the villages. (b) The county shall maintain the system in good condition. (c) The villages and the county shall not permit the discharge into the system of any storm water. (d) Each village shall appropriate in each year such sums as shall be _sufficient at least to pay its share of the, cost of operating- and maintaining the system, and to establish a fund for replacements, improvements, and major maintenance of the system. In addition, each village may ma k:e and collect such service charges, connection charges or special assess- ments to individual users as shall be deemed desirable to help to pay the operating costs of the system and to provide such other funds for sewage disposal purposes as are deemed desirable. Each village shall enforce prompt payment of all such charges and assessments as the same _shall become due. : It is further agreed with respect to the system that at all times during the operation thereof by the county, that it will obtain and maintain in effect adequate property damage, _ public liability and workmen's compensation insurance covering all facilities in operation under any contract with the county now or hereafter in effect. All policies and memorandums of insurance shall provide that the coOnty and each of the villages shall be insured parties thereunder, and shall contain a provi- sion requiring that the insured parties 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 and each village. 15. The county shall have no obligation or respon- sibility for providing sewers or sewage disposal facilities except as herein expressly provided with respect to the acqui- sition of the system or as otherwise provided by contract. Each village 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 extend- ing sewers or related facilities, connecting the same to the system, and othrewise 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 improve- ments, enlargements or extensions thereof shall 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 each village shall take all nto the system of storm sewage or wastes of such he system or to the public necessary action to prevent- entry i waters and also to prevent entry of a character as to be injurious to t health and safety. 16. All powers, duties a nd funcations 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 thi$ 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 each village to the making of its payments as set forth in this contract, willlhave 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 alteration or revision which l 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 other- wise, is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further 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 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 provi- sions of this contract shall for an y reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforecability shall not affect any other provisions hereof, but this contraCt 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 filedwith either Village Clerk in accordance with 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 that village 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 it 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. • 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. . COUNTY OF OAKLAND By - County Drain Commissioner (County Agency) VILLAGE OF BI NGHAM FARMS VILLAGE OF FE:AIM-41N By PY President President By By _Village Clerk Village Clerk //". • 7 -f• J . • r —11 • - I , 4 - I ?(Gi, ••41 ,.D '1 • --- 1 • _ sCALE I zoo• "VILLAGE OF BINGHAM FARMS" N-OTE='EKISTihG SANITARY SEWER" NOTE* "EXIST/NG SANtrArtY SEWER" or E E 1 , . E " EXHIBIT A EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 2 JUNE 1975 • $1,259,606.00 Total Construction Cost ------ . • $ 77,787.00 28,288.00 5,000.00 tt,100.00 O 0 • • 0 • ft 0 • • e • 0 0 • ▪ 0 0 0 O 0 V • -0 • • 0 0 0 0 0.0 0 • • • • 115,175.00 49,384.00 55,410.00 152,000,00 1,860,00 5,593.00 6,356.00 2,295.00 293.00 • $ 700.00 65.00 O 435.00 400.00 • 0.0 0 0 0 • • Total Estimated Bonded Cost • P.E. 4-11302 ens tar Exhibit "B" ' GIFFELS -WF,BSTERENGT,NEERS{-7-N-c TM W' 1973 EVERGREEN SEWAGE DISPOSAL SYSTEM I3ingham Pal-MS EXte 11. F.-A On No,. 2 Estimate of Cost Share of Project Cost: Village of Franklin = 12,9659% Village of Bingham Farms ---- 87,0341% @ $ 190 2,601 3,538 5,493 24,091 5,049 100 270 60 162 144 6 1,530 1 1 L.F. L.F. L. F. L.F. L.F. L.F. L.F. L.F. L.F. Ea. Ea. L.F. Ea. L.S. L.S. 18" Sanitary Sewer 15" Sanitary Sewer 12" Sanitary Sewer 10" Sanitary Sewer Sanitary Sewer 6" House Leads 15" Road Bore 12" Road Bore 10" Road Bore 8" Road Bore Manholes Drop Manholes 4" D.I. Force Main 4" C.V. & Box Pump Station Storm Sewer & Appurtenances 29.70 24.00 22.00 35.50 22.50 12.00 150.00 150.00 140.00 125.00 1,010.00 1,840.00 9.00 @ 550.00 @ 40,000.00 @ 21,116.00 = $ 5,643.00 62,424.00 77,836.00 195,001.50 542,047.50 60,588.00 15,000.00 40,500.00 8,400.00 20,250.00 145,440.00 11,040.00 13,770.00 550.00 40,000.00 21,116.00 8 " Engineering Consulting Engineer (Design) — Consulting Engineer (Staking & Layout) Soil and Material Testing . Soil Borings . Project Administration . Inspection — Easement Acquisition . Act 347 Permit Financial Consultant . Bond Counsel Bond Prospectus . . Bond Printing . Publishing Oakland Press — . . Michigan Contractor & Builder . Bond Buyer Local Publication . . Contingency Acquire existing system (Bingham Villas &Fromm School) 1,600.00 114,622.56 25 119.44 Total Estimated Project Cost . Deduct Village of Bingham Farms Cash Payment • Deduct Village of Franklin Cash Payment . „ . . • . $1,789,314.00 160,000.00 105,000.00 . 0 $1,524,314.00 hereby estimate the period of usefulness of this facility to be forty (40) years andupwards.