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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- 71./ 7 0-, 4; qy, t r „ . (7, AP&Lf L. A / z - / ID It 1 57 4 -/ , _4‹ / / / \ - i L ONE v 3 = - • 13 - 41 ii Lai H.4PRr5f 4 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.