HomeMy WebLinkAboutResolutions - 1975.07.23 - 14657The following resolution is with reference to RESOLUTION TO
APPRaVE 1REELIEY_LR' ELATIVE TO THE ADDITION OF AREAS IN THE CITY OF
ORGHLRELLAKE VILLAGE TO THE FARMINGTON SEWAGE DISPOSAL SYSTEM
DJ_S_TRECT
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
we ived
The Planning and Building Committee, by Patrick M. Nowak
Chairman its , moves the adoption of the following
Resolution:
At a regli meeting of the Board of Commissioners
of Oakland County held in the Commissioners Auditorium Room in the
County Service Center in the City of Pontiac, Michigan, on Wednesday
the 23rdday of July , 1975, at 10:05 o'clock
A.M., Eastern Daylight Time
PRESENT: Aaron, Button, Coy, Daly, Douglas, Dunleavy, Fortino, Gabler, Hoot,
Houghten, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page,
.Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson.
(25)
ABSENT: Dearborn, Kasper. (2)
Miscellaneous Resolution No. 7208
Recommended by the Board of Public Works
In Re: RESOLUTION TO APPROVE AGREEMENT RELATIVE TO THE ADDITION OF AREAS IN THE
CITY OF ORCHARD LAKE VILLAGE TO THE FARMINGTON SEWAGE DISPOSAL SYSTEM DISTRICT
Submitted by Mr. Nowak
The following resolution was offered by Mr. Nowak and seconded
by Mr. Roth
Resolution proposed by Oakland
County Board of Public Works with
respect to Farmington Sewage Dis-
posal System
WHEREAS, the Oakland County Board of Public Works has approved
a form of Agreement to be dated March 1, 1975, between the County of
Oakland and the City of Orchard Lake Village, the Township of West
Bloomfield, the City of Farmington Hills, the City of Southfield and the
City of Keego Harbor pertaining to the extension of the Farmington Sewage
Disposal District and service to Orchard Lake, and the financing thereof,
and did authorize the Chairman and Secretary of the Board of Public Works
to execute said Agreement subject to the approval of this Board of Commis-
sioners; and
WHEREAS, the said Agreement has been approved and executed by
said Township and said Cities;
NOW, THEREFORE BE IT RESOLVED, that the Chairman and Secretary
of the Board of Public Works be and they are hereby authorized and directed
to execute and deliver on behalf of said County of Oakland, said Agreement
to be dated March 1, 1975 , between the County of Oakland and the Township
of West Bloomfield, City of Orchard Lake Village, City of Farmington Hills,
City of Southfield and City of Keego Harbor, which reads as follows:
AGREEMENT RELATIVE TO THE ADDITION OF
AREAS TO THE FARMINGTON SEWAGE DISPOSAL
DISTRICT AND THE ASSUMPTION OF A PORTION
OF THE COST OF ACQUIRING THE FARMINGTON
SEWAGE DISPOSAL SYSTEM AND ARMS AND
EXTENSIONS THERETO
THIS AGREEMENT made as of the 1st day of March, 1975, by
and between the COUNTY OF OAKLAND, a Michigan county corporation
(hereinafter called the "County"), party of the first part, and the CITY OF
ORCHARD LAKE VILLAGE , a Municipal corporation in the County of
Oakland (hereinafter called "Orchard Lake"), party of the second part, and
TOWNSHIP OF WEST BLOOMFIELD, CITY OF FARMINGTON funs, CITY OF
KEEGO HARBOR and CITY OF SOUTHFIELD, municipal corporations in the
County of Oakland (hereinafter called the "original municipalities"), parties
of the third part.
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by Resolution,
Misc. No. 3270, adopted August 12, 1957, as amended by Resolution, Misc.
No. 3339, adopted January 24, 1958, did approve of establishment of the
Farmington Sewage :Disposal System to serve the Farmington Sewage Disposal
District, which district is composed of areas in municipalities in the County,
to-wit:'
1. TOWNSHIP OF WEST BLOOMFIELD
2, CITY OF FARMINGTON HILLS (formerly Township
of Farmington)
3. CITY OF KEEGO HARBOR
4. CITY OF SOUTHFIELD
; and
WHEREAS, pursuant to the Farmington Sewage Disposal System
Agreement, dated November 1, 1957, as amended by amendatory agreements
dated December 22, 1958, and February 9, 1959, all between the County of
Oakland and the Cities of Keego Harbor and Southfield, and the Townships of
West Bloomfield and Farmington (now City of Farmington Hills), municipal
corporations in said County of Oakland, (hereinafter called the "original
municipalities") the said County acting thru its Department of Public Works,
did acquire the original Farmington Sewage Disposal System and did finance
such acquisition by the issuance of bonds in anticipation of payments to be
made by said municipal corporations to the County in accordance with the
provisions of said Agreement, as amended (herein referred to as the "Base
Agreement"); and
WHEREAS, Act No. 185 of the Michigan Public Acts of 1957, as
amended, grants to the board of public works in any county having a Department
of Public Works the power to extend any system acquired pursuant thereto and
the enlargement and extension of said sewage disposal district and system
herein provided will protect the public health and welfare of the citizens of
the County to be served thereby; and
WEEREAS, the Council of the City of Orchard Laker Village,
by resolution addressed to the County of Oakland, acting through its Depart-
ment of Public Works, has requested the County to enlarge the Farmington
Sewage Disposal District, and extend the Farmington Sewage Disposal System,
pursuant to Act No. 185, Michigan Public Acts of 1957, as amended, for the
purpose of providing outlet facilities for transporting and treating sanitary
sewage from said city.
WHEREAS, the Oakland County. Board of Commissioners by approval
of this Agreement and the original municipalities by approval of this Agreement
will consent to including the areas in the City of Orchard Lake Village in
the Farmington Sewage Disposal District; and
-2-
WHEREAS, Orchard Lake has heretofore entered into temporary
letter agreements with the County and the Township of West Bloomfield
relative to the Farmington Sewage Disposal System and to connections thereto
for areas described on Exhibit "A" attached hereto and by this reference made
a part hereof and now desires to serve those areas and several additional
areas, also shown on Exhibit "A", on a permanent basis; and
WHEREAS, Orchard Lake in order to be served by the Farmington
Sewage Disposal System, is required to purchase conaeity, as herein provided,
In the Farmington Sewage Disposal System (herein called the "System")
heretofore acquired by the County, and to accomplish this Orchard Lake must
assume part of the obligations of West Bloomfield Township.
WHEREAS, the obligations of the original municipalities to make
the payments in anticipation of which the county has issued its bonds cannot,
be reduced or released so long as any of said bonds are cute ,tending..
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE P;:,r7TES
HERETO, as follows:
1. Upon the assumption of the obligations herein provided Orchard
Lake shall be and become part: of and be entitled to be served by the
upon the same basis as the original municipalities and subject to the terms
and provisions of the Base Agreement, to which Orchard Lake hereby agrees
to become a party. Orchard Lake shall hereupon be considered removed from
the Clinton.-Oakland Sewage Disposal System and District with resp
which Orchard Lake has made no payment.
2. The maximum population which the County shall be required to
serve pursuant to this Agreement and the Base Agreement, within Orchard Lake
and the extent of the sewage disposal service to be rendered such municipality
by the System, shall be as follows:
Maximum of 595.14 persons or 170.04 units, or their equivalent,
plus the units assigned from time to time to the S.S. Cyril and
Methodius Seminary. Disposal of sanitary sewage only.
-3-
The population equivalent served within the City shall. hereafter be taken
into account and considered to be population served by West Bloomfield
Township in computing the population nerved from time to time by the
Farmington Sewage Disposal System pursuant to the limitation on population
in the Farmington Sewage Disposal System Agreement, dated November 1, 1957,
as amended.
3. All of the terms and prey of the Base Agreement shall
continue in full force, and effect and shall be applicable to Orchard Lake and
the original municipalities in the same manner and extent as though all of
said municipalities were parties thereto in the first instance.
4. The provisions of this 7:gr=r.7.e.nt shall be construed or applied
so as not to impair the security of any TT.::nd.s issued by the County upon the
full faith and credit pledges of the original municipalities. It is hereby
declared that the terms of this Agreement insofar as they pertain to the
security of any such bonds, shall be deemed to be for the benefit of the
holders of said bonds.
5. Orchard Lake shall make payment to West Bloomfield Township,
with respect to all sewage disposal services provided in Orchard Lake by
connection directly or indirectly to the System or to any sewers or sewage
disposal facilities in West Bloomfield Township which connect to the System
as a temporary lease charge for use of capacities in the System for which West
Bloomfield Township is paying pursuant to the Base Agreement, a tap-in connection
fee and a sewage disposal service charge in the amounts and at the times shown
on Exhibit "B" hereto and by this reference made a part hereof.
to the System in or at West B!ca:a.'.-4Th 1 d Towe :shall be made by the City
6. All connections now or hereafter made by or for Orchard Lake
at its expense and shall be operated and maintained by Orchard Lake at
its expense but subject to periodic inspection by West Bloomfield Township.
The same shall apply to all sewers located in Orchard Lake which are con-
nected to the System, directly or indirectly. Orchard Lake at its own expense,
shall maintain such sewers, located in its -jurisdiction; in good condition
and repair to the satisfaction of West Bloomfield and the Oakland County DPW,
and will hold West Bloomfield harmless from any and all claims arising out of
any negligence on the part of Orchard Lake and/or its employees or agents,
while engaging in such maintenance and/or repair of such sewer facilities.
West Bloomfield shall have the right to inspect the said sewers at any time
and if said sewers or any part thereof are not in a state of good condition
and repair, then West Bloomfield shall notify Orchard Lake in writing as to
any deficiency. If Orchard Lake shall fail to restore the sewers to a state
of good condition and repair within a reasonable time thereafter, then West
Bloomfield shall have the right to perform the necessary work and furnish
the necessary materials and Orchard Lake shall pay to West Bloomfield all
costs for the repair thereof plus fifteen (15%) percent additional to cover the
overhead costs within thirty (30) days after the expense has been incurred.
7. In order to be served by the Farmington Sewage Disposal System
within the limitation or population established for West Bloomfield in the
Farmington Sewage Disposal System Agreement dated November 1, 195 7 , as
amended, the City hereby agrees to become a party to an Agreement for
Pollution Control Facilities that could serve the City when the same is here-
after ready for execution.
8. This Agreement shall become effective upon being approved by
the legislative bodies of Orchard Lake and by the board of public works and
board of commissioners of Oakland County. The duly designated officers of
Orchard Lake and of the board of public works shall properly execute this
Agreement., The duly designated officers of the original municipalities which
have consented to the rendering of sewage disposal service to Orchard Lake
upon execution of an Agreement in this form shall endorse hereon the fact
of their approval as authorized by their respective legislative bodies. This
Agreement shall terminate when the Base Agreement terminates.
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed and delivered by their respective duly authorized officers,
all as of the day and year first above written.
CITY OF SOUTHFIELD COUNTY OF OAKLAND
BY ITS BOARD OF PUBLIC WORKS
By By
Mayor Chairman
By By
City Clerk Secretary
CITY OF FARMINGTON HILLS CITY OF
ORCHARD LAKE VILLAGE
By By
Mayor Mayor
By By
City Clerk City Clerk
CITY OF KEEGO HARBOR TOWNSHIP OF WEST BLOOMFIELD
By By
Mayor Supervisor
By By
City Clerk Township Clerk
-6-
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A
EXHIBIT B
. A. SHORECLIFF SUB. LOTS 1 THRU 17 INCL.
18-14-152-002 thru 008 incl.
18-14-152-010 thru 019 incl.
B. S.S. CYRIL & METHODIUS SEMINARY
18-11-176-002
Tap-in Fee = $4.07 per quarter per unit.
Sewage disposal charge = same as the sewage disposal charge from
time to time applicable to all properties
located in the Farmington S.D.S. district
in West Bloomfield Township, based on
water consumption, if metered, or upon
the number of units assigned by the
Board of Public Works.
Payment to be made quarter-annually on receipt of statement from
West Bloomfield Township, or from the Oakland County Department
of Public Works.
2. A. ORCHARD LAKE SQUARE SUB, LOTS 1 - 16 INCL.; AND PARCELS CW --40
AND CW44A-3
18-15-428-001 Thru 010 Incl.
1815-428-012 and 013
B. PONTIAC TRAIL ACREAGE
18-15-427-005
C. STRONG ACREAGE
18-15-301-004
18-15-376-008
18-15-401-001
18-15-427-001
18-15-451-001
18-22-201-001
D. INDIAN TRAIL PROPERTIES
(Assessor's Plat of Rogers Grove)
18-11-376-002
18-11-376-005 thru 011 incl.
Tap-in fee - 1-1/2 times Township fee.
Sewage disposal charge =1-1/2 times sewage disposal charge paid by
Township users for similar type uses.
Paymeni: of the tap in fee for the 32 units existing at this time in this
area is to be paid within 180 days of the effective date of this agreement.
Payment of the tap-in fee for any area served by a proposed sewer shall
be made to the Township prior to connecting to the Farmington S.D.S. or
any extensions thereof.
Payment of sewage disposal charges shall be made by the City to the
Township within fifteen (15) days after a statement is rendered to the
City by the Township.
If any further units permitted in this area payment of the tap-in fee
shall be made to the Township prior to connecting to the Farmington
S.D.S. or any extensions thereof.
BE IT FURTHER RESOLVED, that the officers of the Board
of Public Works are authorized to execute and deliver such number
of original copies of said Agreement as they may deem advisable.
moved the adoption of the forego- Nowak Mr.
LANNING,..7 :1‘ID BUILDING COMTTTEE
By
Chairman
Mr. Roth ing resolution. The motion was supported by
On roll call the resolution was adopted by the following vote:
YEAS: Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Douglas, Dunleavy,
Fortino, Gabler, Hoot, Lennon, McDonald, Moffitt-, Montante, Nowak, Olson,
Page, Patterson, Perinoff, Pernick, Price. (24)
NAYS: None. (0)
ABSENT: Dearborn, Kasper. (2)
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
I, the undersigned, the County Clerk of the County of
Oakland, do hereby certify that the foregoing are true and com-
plete copies of Miscellaneous Resolution No. 7208 , and of the
proceedings pertaining thereto duly adopted and taken by the
SS:
meeting Board of Commissioners of said County at a regular
held July 23
in my office.
, 1975, the originalsof which are on file
_Lynn D. Allen
Oakland County, County Clerk
Dated: July 23, 1975.