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HomeMy WebLinkAboutResolutions - 1975.06.05 - 14685The Planning and Building Committee, by Patrick M. Nowak Cha rman , moves the adoption of the following its The following resolution is with reference to APPROVING THE PLANS, SPECIFICATIONS 4 ESTIMATE OP COST AND AGREEMENT FOR THE EVERGREENS. D. S. BLOOMFIELD TRUNK ARMS- STAGE TWO AND STAGE THREE 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 waived. Resolution: At a. regular Telegraph Road, Pontiac, Michigan, on the 5th day of June presented the plans, specifications, Mr. Nowak meeting of the Board of Commissioners of Oakland County, Michigan, held in the Board of Commissioners Auditorium Building, Oakland County Service Center, 1200 North 1975, at 9:30 o'clock A.M., Eastern Standard Time PRESENT: Aaron, Button, Coy, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson. (27) ABSENT: None, (0) Miscellaneous Resolution No Recommended by Board of Public Works Re: EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TRUNK ARMS - STAGE TWO AND STAGE THREE 7147 estimates and agreement mentioned in the following resolution, a copy The following resolution was offered by Mr. Nowak of which agreement has been sent to each member of the Board of Commissioners. WHEREAS, the Oakland County Board of Public Works has approved and adopted, and has submitted to this Board of Commissioners for its approval, plans and specifications for the extension by the County of the Evergreen Sewage Disposal System by the acquisition and construction of sewage disposal facilities to serve the Township of Bloomfield, said facilities to be known as the 'Bloomfield Trunk Arms - Stage Two and Stage Three", together with estimates of the cost and period of usefulness thereof (which estimates are attached as Revised Exhibit "B" to the hereinafter mentioned contract), all prepared by Hubbell, Roth and Clark, Inc., consulting engineers; and WHEREAS, the Board of Public Works has also approved and submitted to this Board of Commissioners for its approval, a proposed agreement between the County of Oakland and the Township of Bloomfield relative to the acquisition and financing of said Bloomfield Trunk Arms - Stage Two and Stage Three; and WHEREAS, the Township Board of said Township has approved the said agreement and has authorized and directed that it be executed for and on behalf of the Township by the Supervisor and the Township Clerk; THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That said plans and specifications and said estimates be and the same are hereby approved, that the County Clerk shall endorse thereon the fact of such approval, and that the same shall be returned to the Board of Public Works. 2. That said agreement between the County of Oakland and the Township of Bloomfield be and the same hereby is approved, and that the Chairman and the Secretary of the said Board of Public Works be and they are hereby authorized and directed to execute and deliver said agreement for and on behalf of the County of Oakland, in as many original copies as they may deem advisable, the said agreement being as follows: AGREEMENT EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE TWO AND STAGE THREE THIS AGREEMENT, made as of the 1st day of May, 1975, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its Board of Public Works, party of the first part, and the TOWNSHIP OF BLOOMFIELD, a township corporation in the County of Oakland (hereinafter called the "township"), party of the second part: WITNESSET H: WHEREAS, the Oakland County Board of Supervisors by Resolu- tion, Misc, No 3269, adopted on August . 12, 1957, as amended by Resolution, Misc. No 3435, adopted on October 13, 1958, did ap- prove of establishment of the Evergreen Sewage Disposal System to serve the Evergreen Sewage Disposal District within which district lies part of the Township of Bloomfield; and WHEREAS, pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by amendatory agree- ments 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, munici- pal corporations in said County of Oakland, the said county, acting through its Department of Public Works, did acquire the original Evergreen 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 amcnded (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 WHEREAS, the county and the township have heretofore agreed to extend said Evergreen Sewage Disposal System by construction of the so-called Bloomfield Township Trunk Arms - Stage One in said Township of Bloomfield under the provisions of Act No 185 of the Michigan Public Acts of 1957, as amended, for the purpose of collecting and disposing of sewage originating within that part of the said district located in said township, and to issue bonds to finance said Bloomfield Township Trunk Arms - Stage One in anticipation of the collection by the county of amounts to become due under a contract between the county and the township, parties hereto dated as of March 1, 1967 and amended as of August 1, 1968, Whereby the township agreed to pay the entire cost of said Bloomfield Township Trunk Arms - Stage One in installments; and WHEREAS, the county and the township have heretofore agreed to use cash to finance Bloomfield Township Trunk Arms - Stage Two under a contract between the county and the township, parties hereto, dated March 1, 1974, but said contract has never been carried out and will be hereby cancelled as to Stage Two; and WHEREAS, it is now desired to extend said Evergreen Sewage Disposal System by construction of the so-called Bloomfield Township Trunk Arms - Stage Two and Stage Three in said Township of Bloomfield under the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended, for the purpose of collecting and disposing of -9- sewage originating within that part of the said district located in said township, and to issue bonds to finance both Stage Two and Stage Three, in anticipation of the collection by the county of amounts to become due under this agreement between the county and the township parties hereto, whereby the township agrees to pay the entire cost of both Stage Two and Stage Three; and WHEREAS, no other municipality in the Evergreen Sewage Disposal District, as enlarged, is to participate at this time in the construction of said Bloomfield Township Trunk Arms - Stage Two and Stage Three; and WHEREAS, in order to issue such bonds, it is necessary that the county and the township, parties hereto, enter into this Agreement; and WHEREAS, the Department of Public Works (hereinafter sometimes referred to as the "DPW") has obtained plans, specifications and an estimate of cost for the construction of said Bloomfield Town- ship Trunk Arms - Stage Two and Stage Three, prepared by Hubbell, Roth & Clark, Inc., registered professional engineers, and maps showing the approximate location of said Bloomfield Township Trunk Arms - Stage Two and Stage Three, which estimate of cost is attached hereto as Revised Exhibit "B" and by this reference made a part hereof, and which maps are attached as Revised Exhibit "A-1", "A-2" and and by this reference made a part heredf. THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows: 1. The plans and specifications for the Bloomfield Town- ship Trunk Arms - Stage Two and Stage Three (herein sometimes referred to as the "project"), as prepared by Hubbell, Roth & Clark, Inc., -3- registered professional engineers, are hereby approved and adopted in the form initialed by the parties hereto under the date hereof, and the estimate of cost thereof is approved and adopted in the amount as set forth on Revised Exhibit "B" hereto attached. The said project shall consist of sewers located approximately as set forth and generally shown on Revised Exhibit "A-1", "A-2" and "A-3" hereto attached. The said plans and specifications and estimate of cost shall be submitted to the County Board of Commissioners, together with an ordinance or resolution approved by the Oakland County Board of Public Works, providing for the issuance of bonds by the county as hereinafter provided, in an aggregate principal sum not exceeding the amount of the capital cost as hereinafter defined. If such bond ordinance or resolution shall be adopted by said Board of Commissioners, then the DPW shall proceed to secure bids for the purchase of the bonds, to award the construction contracts and to issue the bonds, and shall cause the project to be constructed within a reasonable time thereafter. 2. The said project is designed for, and shall be used for, the collection and transportation of sanitary sewage only. Said project may be divided into sections by the DPW for purposes of construction and the letting of construction contracts. 3. Said project, being an extension of that part of the Evergreen Sewage Disposal System heretofore constructed, and being a part of the ultimate county system to!serve the Evergreen Sewage Disposal District, as enlarged, the provisions of paragraphs 3 through 5 and 11 through 18 of the Base Agreement shall continue in full force and effect notwithstanding this Agreement. Properties within said township to be served by sa d project shall be connected to the Bloomfield Township Trunk Arms -oStage Two or Stage Three or to the Evergreen Interceptor only upon such terms and conditions as to meet said payments in full and said fees and charges applicable thereto. The obligation herein expressed shall be applicable to , all bonds issued by the county to construct and complete the pro- ject, as herein defined, whether issued at one time or at more than one time. It is assumed that the principal of the bonds represents the cost of the project. If the township should pay the project cost, or any portion thereof, or funds shall be received by grant or otherwise to apply against the cost Of the project, prior to the issuance of bonds, then the obligation Of the township shall be ad- justed accordingly. If the township shall fail to make any of such payments when due, the amount thereof shall be subject to a penalty of one-half of one percent (1/2 of 1%) for each month or fraction thereof that the same remains unpaid after the due date. The town- ship may pay in advance of maturity all or any part of an annual installment due the county, by surrendering to the county, bonds issued in anticipation of payments to be made under this contract, of a like principal amount maturing in the same calendar year with all future due interest coupons attached thereto. 6. After completion of the project and payment of all costs thereof, any surplus remaining from the sale of the bonds therefor shall be used to purchase such bonds on the open market and in such event the contract obligation of the township in respect to the project shall be reduced by the principal amount of bonds so purchased, said reduction to be applied: as to year, in accordance with the year of the maturity of the bonds so purchased. Any bonds so purchased shall be cancelled. As an alternative, said surplus may be used at the request of the township and upon approval by the Board of Commissioners of Oakland County to improve, enlarge or - are prescribed by the townships, as may be appropriate, in addition to the terms and conditions prescribed in the Base Agreement. No areas outside said township shall be served by or connected to said Bloomfield Township Trunk Arms - Stage Two and Stage Three except by agreement of the parties hereto in writing. The county or the township shall not permit the discharge into said Bloomfield Township Trunk Arms - Stage Two and Stage Three of any. sewage in violation of the Base Agreement, 4, The Township of Bloomfield shall pay to the county, the capital cost of the Bloomfield Township Trunk Arms - Stage Two and Stage Three. The term "capital cost" as above used, shall include all items of cost set forth in Revised Exhibit "B" attached hereto and any changes thereto and any other or additional items of cost, of a similar type or nature, as may be set .,forth in any revision of Revised Exhibit "B" agreed to by the patties hereto, incurred by the county in acquiring and constructing the project. 5. A schedule of payments to be made by the township based upon the estimated cost of the project and the dates of such payments is attached hereto as Revised Exhibit "C" and by this reference made a part hereof. Immediately upon the issuance of any bonds by the county to finance the cost of the project, the board shall notify the township, by written communication addressed to its treasurer, of any revisions in said Revised Exhibit "C" and of the schedule of payments of the principal of and interest on the county bonds, and of the paying agent fees and financing charges with respect thereto, and the amount of such payments, fees and charges to be paid by said township. Said township hereby covenants and agrees, not less than thirty (30) days prior to the due date of any principal of or interest on any such bonds, to remit to the board sufficient funds extend the System in the township. If the proceeds of the bonds issued to finance the project, are for any reason insufficient to complete the project in accordance with the plans and specifica- tions therefor, the board shall submit to the Board of Commissioners a resolution providing for the issuance of additional county bonds in an amount necessary to provide funds to complete the project, in which event the duties and obligations of the board and the town- ship as expressed and set forth in this agreement shall be appli- cable to such additional bonds as well as the original bonds issued, it being at all times fully recognized and agreed that the payments to be made by the township, in the manner specified in paragraph 5 of this agreement, shall be based upon the ultimate cost of the project. In lieu of the issuance of such additional bonds, any other method may be agreed upon by the county and the township to provide the necessary funds to complete the project. 7. This agreement is contingent upon the county issuing its bonds as set forth in paragraph 5 of this agreement, to defray the estimated cost of the project, or of that part thereof not to be paid from other funds as provided therein. 8. The township does hereby pledge its full faith and credit for the prompt payment of the aforesaid obligations and shall each year levy a tax in an amount which taking into considera- tion estimated delinquencies in tax collections, will be sufficient for the prompt payment of any amount falling due before the time of the following year's tax collection, unless at the time of making such annual levy there shall be cash on hand (as provided for in paragraph (2), Section 12, of Act No 185 of the Public Acts of 1957, as amended) earmarked for the payment of the current obliga- -7- tions for which the tax levy is to be made, in which case the annual tax levy may be reduced by that amount. Funds for which credit may be so taken, may be raised in the manner provided in paragraph (2), Section 12, of said Act No. 185 of the Public Acts of 1957, as now existing or hereafter amended. 9. The county shall issue its negotiable bonds to defray the capital cost of the project, which bonds shall be secured pri- marily by the full faith and credit pledge of the township under this agreement, and secondarily, if approved by a three-fifths (3/5ths) majority of the members elect of the Board of Commissioners, by the full faith and credit of the County of Oakland. Said bonds shall be issued pursuant to the provisions of said act and the applicable general statutes of the state where not in conflict with said act. 10. The provisions of this agreement shall not be modified or terminated so as to impair the security of any bonds issued by the county upon the full faith and credit pledges of the township. 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. 11. The township consents to: the use by the county of the public streets, alleys, lands and rights-of-way in the township for the purpose of constructing, operating and maintaining the Bloomfield Township Trunk Arms - Stage Two and Stage Three and of any improvements, enlargements and extensions thereto. The township reaffirms its cove- nant and warrant that all sanitary sewage originating therein shall be delivered only to the Evergreen Sewage Disposal System, including extensions thereto, for transportation therein and ultimate disposal -8- of the township or the coun located within the Evergreen Sewage Y, Lands (other than highways) owned by or under the jurisdiction Disposal District, shall be liable, if sanitary sewage emanates thereform, to the same extent as privately owned lands, to pay the charges for sewage disposal services with respect thereto. Upon completion of said Bloomfield Township Trunk Arms - Stage Two and Stage Three, the county ddes hereby lease the same to the township to operate and maintain upon the following terms and conditions: (a) The Bloomfield iTownship Trunk Arms - Stage Two and Stage Three shall be used only to serve areas within the township. (b) The township shall maintain said Bloomfield Township Trunk Arms - Stage Two and Stage Three in good condition. (c) The township and the county shall not permit the discharge into said Bloomfield Township Trunk Arms - Stage Two or Stage Three of any sewage in violation of the standards and regulations controlling the discharge of industrial and/or commercial type waste into the Bloomfield Township Trunk Arms - Stage Two or Stage Three or the System, as said standards and regulations may be promulgated from time to time by the Oakland County Board of Public Works. (d) The township shall make and collect from the individual users of the Bloomfield Township Trunk Arms - Stage Two and Stage Three such charges for sewage disposal service -9- as shall be sufficient at least to pay the charges to be paid by the township for sewage disposal services, and the cost of operating and maintaining the Bloomfield Township Trunk Arms - Stage Two and Stage Three, and to establish a fund for replacements, improvements, and major maintenance. In addition, the township may make and collect such charges to individual users as shall be necessary to pay the operating and collection costs of the township and to provide such other funds for sewage disposal purposes as are deemed desirable. The township shall enforce prompt payMent of all such charges as the same shall become due. (e) The township shall establish such charges as specified in paraaraph (d) to be paid to the township quarterly or more often commencing with the first day of the calendar quarter in which the Bloomfield Township Trunk Arms Stage Two and Stage Three are put into operation. The township hereby accepts the lease of the Bloomfield Township Trunk Arms - Stage Two and Stage Three upon the terms and conditions herein set forth 12. The Agreement dated as of March 1, 1974, between the township and the county pertaining to the construction of Stage Two and payment of the cost thereof in cashlby the township is hereby cancelled and annulled. -10- 13. This agreement shall becOme effective upon being approved by the Township Board of the Township of Bloomfield and by the Board of Public Works and Board Of Commissioners of Oakland County and properly executed by the officers of the township and of the Board of Public Works. This agreement shall terminate when the Base Agreement terminates provided all principal, interest and bond handling charges on bonds issued pursuant hereto have been paid in full. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND BY ITS BOARD OF PUBLIC WORKS By Chairman By Secretary TOWNSHIP OF BLOOMFIELD By Supervisor By Township Clerk -11-- EXISTING SANITARY SEWERS =MI Dna UPPER WABEEK LAKE SQUARE LAKE TURTLE LAKE PUMP STA- SQUARE LAKE ROAD i.sLANo !LAKE FOREST LAKE LOWER SECTION "A-1'` EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS STAGE TWO DEPARTMENT OF PUBLIC WORKS OAKLAND COUNTY MICHIGAN MARCH 1973 REV. APRIL 1975 122:777;:i7,13 PROPOSED SA N I TA RY SEWERS iiUBBELL, ROTH a CLARK 0 CONSoLTInc EnstriEERS "A SCALE= 1"---300' • SECTION HA-2" EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS • STAGE THREE . DEPARTMENT OF PUBLIC WORKS OAKLAND COUNTY, MICHIGAN PREPARED BY HUBBELL, ROTH a CLARK, INC, 2323 FRANKLIN ROAD BLOOMFIELD HILLS, MICH. lE71-) 177T-if RTT 2 ,4 OCTOBER 1973 APRIL 1975 0-42-8 :REVISED EXHIBIT "A-3" RD. ORCHARD LAKE 681 11111 205 AX AVE. C-48-A SCALE: 1" 300' DORCHESTER AVE. 0-50-A-13 SECT ION 1tA-3" EVERGREEN SEWAGE DISPOSAL SYSTEN BLOOMFIELD TOWNSHIP TRUNK ARMS STAGE THREE DEPARTMENT OF PUBLIC WORKS OAKLAND COUNTY ; MICHIGAN C-45-A PREPARED BY HUBBELL, ROTH a CLARK, INC. 2323 FRANKLIN ROAD BLOOMFIELD HILLS, MICH, FEBRUARY 1974 OCTOBER 1974 APRIL 1975 DR. s : " ` . ' - C-78 A: c,„,s ,, . re C-789-0 , \ 0-789-: \ : .0, \n k Ave. C-709-A SOUARE LAKE C-4 -A F.X.) 0 , • • . $ 204,000.00 Capitalized Interest . Total Project Cost $1,700,00M0 REVISED EXHIBIT "B" 4-8-75 BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGES II & III ESTIMATE OF COST 122 80 14,634 4,033 2,046 3,742 293 43 205 96 1 2 1 1,040 L.F. 16" Pile Supported Sewer L.F. 16" D.1. Sewer L.F. 15" Sewer L.F. 12" Sewer L.F. JO" Sewer L.P. 6" Houselead or Riser L.F. 6" D.I. Forcemain L. F . Bore & jack Casing for 16" Sewer L. F. Bore & jack Casing for 10" Sewer Ea, Standard Manholes Ea. Tap to Existing Manhole Ea. Tap to Existing Wet Well Ea, Pumping Station Complete L.F. 8" D.I. Watermain &Appurten- ances Replacement 65.00 45.00 41,50 40.00 30.00 15.00 12.00 110.00 105.00 @ 850.00 @ 1,000.00 @ 1,000.00 @60,000.00 @ 20.00 = $ 7,930.00 3,600.00 607,311.00 161,320.00 61,380.00 56,130.00 3,516.00 4,730.00 21,525.00 81,600.00 1,000.00 2,000,00 60,000.00 20,800.00 Engineering. — Administration . Inspection . Financial . . . Legal — ....... Soil Testing Easement Acquisition . Contingency . . Construction Cost • • e • Sub-Total $1,092,842.00 $ 108,510,95 38,249,47 43,713.68 5,400.00 8,250.00 9,000.00 90,000.00 100,033.90 $1,496,000.00 • I hereby estimate and upwards. he period of usefulness to be Fifty (50) years HUBBELL, ROTH & CLARK, INC. av`ii<7 James R. Foley4.E. EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE II AND HI Schedule of Annual Principal Maturities Principal Maturities Year May 1 1979 $ 25,000 1980 25,000 1981 25,000 1982 25,000 1983 25,000 1984 25,000 1985 25,000 1986 25,000 1987 50,000 1988 50,000 1989 50,000 1990 50,000 1991 50,000 1992 50,000 1993 75,000 1994 75,000 1995 75,000 1996 75,000 1997 100,000 1998 100,000 1999 100,000 2000 100,000 2001 100,000 2002 100,000 2003 100,000 2004 100,000 2005 100,000 $ 1,700,000 REVISED EXHIBIT "C" By Chairman PLANNING .ND BUILDING COMMITTEE It was moved by Mr .Nowak seconded by Patterson ; that the foregoing resolution he adopted. Upon roll call the vote was as follows: YEAS : Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Daly,. (25) NAYS: None. (0) ) I „ ty Clerk, Oakland County STATE OF MICHIGAN ) ) SS. COUNTY OF OAKLAND ) I, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of the proceedings pertaining to the Evergreen Sewage Disposal System - Bloomfield Trunk Arms - Stage Two and Stage Three, duly adopted and taken by the Board of Commissioners of said County at a regular meeting held June 5 , 1975, the originals of which are on file in my office. LVO D. Allen Dated: June 5 , 1975.