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HomeMy WebLinkAboutResolutions - 1974.04.25 - 14959and qinne a copy of the ran: n with THE EVERGREEN SEWAGE DISPOSAL SYSTEM - BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE II AND IS TO APPROVE AGREEMENT DATED MARCH 1, 1974. of Tfoard -I no 2: S hy The IATork.. Inovas the a.,f the fol April , 19 74, at 10:00 o'clock A.M. Daylight of • At a regular meeting of the Board of Commissioners of Oakland County, Michigan, held in the Commissioners' Auditorium in the County Service Center, in the City of Pontiac, Michigan, on Thursday the 25th day Savings Time. PRESENT: Berman, Brotherton, Burley, Button, Coy, Dearborn, Douglas, Dunleavy, Gabler, Hobart, Hoot, Houghten, Lennon, Mathews, Moffitt, Montante, Nowak, Olson, Perinoff, Pernick, Richardson, Vogt, Walker, Wilcox. (24) ABSENT: Kasper, Patnales, Quinn. (3) Miscellaneous Resolution No. Recommended by the Board of Public Works Re: THE EVERGREEN SEWAGE DISPOSAL SYSTEM - BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE II AND IS TO APPROVE AGREEMENT DATED MARCH 1, 1974 Submitted by Mr. Walker 6647 RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO EVERGREEN SEWAGE DISPOSAL SYSTEM WHEREAS, the following resolution has been received from the Township of Bloomfield: At a Regular ABSENT: Case meeting of the Township Board of the Township of Bloomfield, Oakland County, Michigan, held in the Town Hall on the 25th day of March , 1974, at 8:00 o'clock P.M., Eastern Daylight Time. PRESENT: Little, Korzon, Hulet, Reid, Gnau and Low Korzon The following resolution was offered by and second e d by Hulet WHEREAS, the Township of Bloomfield and the County of Oakland have entered into an Agreement, Evergreen Sewage Disposal System, Bloomfield Trunk Arms - Stage One dated as of March 1, 1967, as amended by Amendment to Agreement, dated as of August 1, 1968, and the County of Oakland, pursuant to said Agreement, as amended, issued county bonds in the aggregate principal amount of $3,500,000 to finance the acquisition of the said Bloomfield Trunk Arms - Stage One; and WHEREAS, said agreement provides that surplus funds re-_ maining after payment of all costs incurred in acquiring said project may be used to reduce the contract obligation of the town- ship in respect to said $3,500,000 of county bonds and the township is requesting the Oakland County Board of Commissioners to consent thereto by resolution, such reduction to consist of payment of the contract obligations due April 1 and November 1, 1973, and April 1, 1974, totaling in excess of $400,000; and WHEREAS, all costs incurred in acquiring said Bloomfield Trunk Arms - Stage One have been paid and a surplus does now exist in an amount in excess of $400,000; and WHEREAS, the Township of Bloomfield and the County of Oakland are now entering into an Agreement, Evergreen Sewage Disposal System - Bloomfield Trunk Arms - Stage Two, dated as of March 1, 1974, and the County Of Oakland, pursuant to said Agreement, will finance the acquisition of sewage disposal facilities in accordance with the provisions of said Agreement dated as of March 1, 1974, to be located in said township at an estimated aggregate cost of $525,000, and the township will pay to the County said sum of $525,000 in cash as set forth in said Agreement which reads as follows: AGREEMENT EVERGREEN SEWAGE DISPOSAL SYSTEM, BLOOMFIELD TRUNK ARMS - STAGE TWO THIS AGREEMENT, made as of the 1st day of March, 1974, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its Board of Public Works (hereinafter referred to as the "board"), party of the first part, and the TOWNSHIP OF BLOOMFIELD, a township corpora- tion in the County of Oakland (hereinafter called the "municipality"), party of the second part: WI TNES SE T E-1: 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 acquire sewage disposal systems as defined in said Act and to improve, enlarge, and extend any system acquired pursuant thereto; and WHEREAS, the Township of Bloomfield and the County of Oakland have entered into an Agreement, Evergreen Sewage Disposal System, Bloomfield Trunk Arms - Stage One dated as of March 1, 1967, as amended by Amendment to Agreement dated as of August 1, 1968, (herein called the "Base Agreement") and the County of Oakland, pursuant to said Agreement, as amended, issued county bonds in the aggregate principal amount of $3,500,000 to finance the acquisition of the said Bloomfield Trunk Arms - Stage One; and WHEREAS, said agreement provides that surplusfunds re- maining after payment of all costs incurred in acquiring said project may be used to reduce the contract obligation of the town- ship in respect to said $3,500,000 of county bonds and the township is requesting the Oakland County Board of Commissioners to consent thereto by resolution, such reduction to consist of payment of the contract obligations due April 1 and November 1, 1973, and April 1, 1974, totaling in excess of $400,000; and WHEREAS, all costs incurred in acquiring said Bloomfield Trunk Arms - Stage One have been paid and a surplus does now exist in an amount in excess of $400,000; and WHEREAS, the Township of Bloomfield and the County of Oakland now desire to enter into an Agreement, Evergreen Sewage Disposal System - Bloomfield Trunk Arms - Stage Two, dated as of March 1, 1974, and the County of Oakland, pursuant to said Agree- ment, will finance the acquisition of sewage disposal facilities in accordance with the provisions of said Agreement dated as of March 1, 1974, to be located in said township at an estimated aggregate cost of $525,000, and the township will pay to the county said sum of $525,000 in cash as set forth in said Agreement; and WHEREAS, by the terms of said Act No. 185 the county and the municipality are authorized to enter into an agreement for the acquisition, improvement, enlargement or extension of a sewage dis- posal system and for the payment of the cost thereof by the munici- pality; and WHEREAS, it is now necessary for the public health and welfare of the present and future residents of the municipality to extend, improve and enlarge the said Evergreen Sewage Disposal System in the Township of Bloomfield by the acquisition and con- struction of the so-called Bloomfield Trunk Arms --Stage Two under the provisions of said Act No. 185 in anticipation of the collec-, tion by the county of the amount in cash to become due from the municipality under this agreement between the county and the municipality; and WHEREAS, no other municipality in the Evergreen Sewage Disposal District will be affected by the construction of said Bloomfield Trunk Arms - Stage Two; and WHEREAS, it is necessary that the county and the munici- pality enter into this agreement; and WHEREAS, the Oakland County Department of Public Works (hereinafter sometimes referred to as the "DPW") has obtained preliminary plans and cost estimates for the acquisition and con- struction of said Bloomfield Trunk Arms - Stage Two prepared by Hubbell, Roth & Clark, registered professional engineers (herein- after sometimes referred to as the "consulting engineers") which preliminary plans and cost estimates anticipate the acquisition and construction of said Bloomfield Trunk Arms - Stage Two will be accomplished in accordance with the hereinafter stated provisions of this agreement. NOW, THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The county and the municipality hereby „approve the extension, improvement and enlargement of the Evergreen Sewage Disposal System by the acquisition and construction of sewage dis- posal facilities to serve the Township of Bloomfield, under and pursuant to the provisions of Act No. 185 of the Michigan Public Acts of 1957, as amended. The sewage disposal facilities to be acquired and constructed are hereby designated the "Evergreen Sewage Disposal System - Bloomfield Trunk Arms - Stage Two". 2. The facilities constituting the entire Bloomfield Trunk Arms - Stage Two project and their general location within the municipality are shown on Exhibit A, which is attached hereto and by this reference is made a part hereof, which facilities will be financed by the municipality and are hereinafter sometimes referred to collectively as the "project". 3. The county and the municipality hereby approve and adopt the estimate of the total cost of the project in the amount set forth in Exhibit B attached hereto, and the estimate of 40 years and upwards as the period of usefulness of the project, all as prepared by the consulting engineers. 4. After the execution of this agreement by the county and the municipality, the board shall take the following steps: (a) Order final plans and specifications for the project from the consulting engineers. (b) Submit to the Board of Commissioners of Oakland County a resolution, duly approved and recommended by the board, providing for the approval of this Agreement and for the acquisition of the project as shown on Exhibit B. (c) After the Board of Commissioners of Oakland County has approved this Agreement, the board will take all necessary procedures to obtain construction bids for the project and enter into Construction contracts with the lowest responsible bidders. (d) After the execution of construction con- tracts, the board shall cause the project to be constructed within a reasonable time and do all other things required of it under the provisions of Act No. 185 of the Public Acts of Michigan, 1957, as amended. 5. It is understood and agreed by the parties hereto that the Bloomfield Trunk Arms - Stage Two are to serve the munici- pality and not the individual property owners and users thereof, unless by special arrangement between the board and the municipality. The responsibility of requiring connection to and use of the facilities of the project and of providing such additional facili- ties, as may be needed, shall be that of the municipality which shall cause to be constructed and maintained, directly or through the county, any such necessary additional facilities. The county shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The Bloomfield Trunk Arms - Stage Two are an improvement, enlargement and extension of the Evergreen Sewage Disposal System and the Base Agreement shall apply thereto except as the same may be specifically modified herein for specific application to the project, and, in particular the provisions of paragraphs 9, 10, 11 and 16 through 24 shall apply hereto as though set forth in full herein. The county hereby agrees that it will secure, or cause to be secured, and maintained during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this agreement. - All policies and memorandums of insurance shall provide that the county and the municipality shall be insured parties thereunder and shall contain a provision requiring that the municipality be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the munici- pality. 6. The municipality shall pay to the county in cash the entire cost of the project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibit B attached hereto and any other items of cost of a similar nature as may be set forth in any revision of said Exhibit B agreed to by the parties hereto, incurred by the county in acquir- ing and constructing the project. The cost of the project will be paid in cash by the municipality within thirty (30) days after a bid for construction of the project has been received and accepted by the Board and the municipality has been so notified in writing. By execution and approval of this agreement the county and the municipality agree to the application of the $400,000 of surplus funds from the financing and the project described in the Base Agree- ment to the reduction of the obligations of the municipality incurred pursuant to the Base Agreement which application has been requested by the municipality and is hereby approved by the Board of Commis- sioners of the county on recommendation of its Board of Public Works. 7. After completion of the project and payment of all costs thereof, any surplus remaining from the payment in cash made by the municipality may be used at the request of the municipality and upon approval by the Board of Commissioners of Oakland County to improve, enlarge, or extend the System in the municipality. 8. If the payment made by the municipality to the county to finance the project, or any part thereof, is for any reason in- sufficient to complete the project in accordance with the plans and specifications therefor, the board shall,. if necessary, submit to the municipality a resolution ,providing for the payment of additional money in an amount necessary to provide funds to complete the project in which event the duties and obligations of the board and the municipality as expressed and set forth in this agreement shall be applicable to such additional payment as well as the original payment, it being at all times fully recognized and agreed that the payments to be made by the municipality, in the manner specified in paragraph 6 of this agreement, shall be based upon the ultimate cost of the project. In lieu of the payment of such additional money, any other method may be agreed upon by the county and the municipality to provide the necessary funds to complete the project. 9. This agreement is contingent upon the county receiving the payment as set forth in paragraph 6 of this agreement, to defray the estimated cost of the project, or a part of the project. 10. The municipality consents to the establishment and location of the project entirely within its corporate limits and consents to the use of its streets, alleys and public places for the construction thereof by the county and its contractors for which purpose this agreement constitutes a permit and consents to the use of its streets, alleys and public places for the repair, replacement, maintenance and use of the sewage disposal facilities. After com- pletion, the Bloomfield Trunk Arms - Stage Two shall be used for the collection of sanitary sewage within the municipality and the transportation of said sanitary sewage to the Evergreen System for ultimate disposal all in accordance with and pursuant to the Base Agreement and this agreement between the county and the municipality pertaining to Bloomfield Trunk Arms - Stage Two. It is further agreed with respect to all Bloomfield . Trunk Arms to the Evergreen Sewage Disposal System that at all times during the operation there- of by the municipality, as lessee, that it will obtain and maintain in effect adequate property damage, public liability and workmen's compensation insurance covering all facilities leased to the munici- pality under any contract with the county now or hereafter in effect. All policies and memorandums of insurance shall provide that the county and the municipality shall be insured parties thereunder and shall contain a provision requiring that the county 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. 11. This agreement shall bacome effective upon approval by the legislative body of the municipality, by the Board of Public Works of Oakland County, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the municipality and of the Board of Public Works. It shall terminate fifty (50) years from the date of this agreement. This agreement may be executed in several counterparts. The provisions of this agreement shall be in full force and effect and binding upon the successors and assigns of the parties hereto. 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 WHEREAS, it is now advantageous for the Township of Bloomfield to have transferred the surplus funds now remaining from the bonds issued pursuant to the Agreement dated as of March 1, 1967, as amended, to the reduction of its obligation due pur- suant to said Agreement, dated as of March 1, 1967, as amended, and for the County of Oakland to consent to said reduction of obliga- tion in accordance with the provisions of said Agreement, dated as of March 1, 1967, as amended, and for the Township and the County to enter into the Agreement of March 1, 1974, as aforesaid. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE TOWNSHIP OF BLOOMFIELD, OAKLAND COUNTY, MICHIGAN, as follows: 1. That the Oakland County Board of Commissioners is hereby requested pursuant to the said Agreement dated as of March 1, 1967, as amended to transfer $400,000 from the surplus funds now remaining after payment of all costs incurred in acquiring the Bloomfield Trunk Arms - Stage One to the bond and interest redemp- tion fund createb pursuant to the said Agreement, as amended, to reduce the obligation of this township, to the extent of $400,000, to make the payments due to the County on April 1 and November 1, 1973, and April 1, 1974, on account of the county bonds now out- standing to finance the cost of said Stage One. 2. That the funds so transferred be used by the County to reduce the obligation of this township in accordance with the provisions of said Agreement dated as of March 1, 1967, as amended. 3. That the County and this township shall enter into the agreement for the acquisition and financing of Bloomfield Trunk Arms - Stage Two as set forth in this resolution and the Supervisor and the Tonship Clerk are hereby authorized and directed to execute and deliver said Agreement dated as of March 1, 1974, on behalf of this township and the Township Treasurer is hereby authorized and directed to make the payment of $525,0.00, and of, such additional amounts as may be agreed, as provided in said Agreement of March 1, 1974. ADOPTED: Yeas'. gO':%:';';-"):,',]=„YL • i PT), ‘U A Nays NONE STATE OF MICHIGAN ) COUNTY OF OAKLAND ) I, the undersigned, the duly qualified and acting Township Clerk of the Township of Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of said Township on the day of , 1974, the original of which is on file SS: 1 in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this day of IvIARCV , A.D. 1974. - Township Cl ; and WHEREAS, it will be advantageous to the Township of Bloomfield and the County of Oakland if a transfer of funds is authorized by this Board of Commissioners in accordance with the request of the Township and the Agreement, Evergreen Sewage Dis- posal System, Bloomfield Trunk Arms - Stage Two, is approved and executed; and WHEREAS, the Board of Public Works has recommended adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- SIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That this 1:oard of Commissioners does hereby approve and authorize the transfer, pursuant to the provisions of the Agreement, Evergreen Sewage Disposal System, Bloomfield Trunk Arms - Stage One, dated as of March 1, 1967, as amended, of $400,000 from the surplus funds now remaining after payment of all costs incurred in acquiring the Bloomfield Trunk Arms - Stage One, to the reduction of the obligation of the Township of Bloomfield created pursuant to the Agreement with respect thereto, dated as of March 1, 1967, as amended. 2. That the surplus funds herein authorized to be transferred shall be used by the County of Oakland through its Department of Public Works in reduction of the obligations of the Township, in accordance with the provisions of and for the purposes described in said Agreement, dated as of March 1, 1967, as amended, to make payments to the County on April 1 and November 1, 1973 and April 1, 1974, on account of principal and interest due on the nds issued to finance said Stage One. county 3. That the Agreement, Evergreen Sewage Disposal System, Bloomfield Trunk Arms - Stage Two dated as of March 1, 1974, is hereby approved and the Chairman of the Board of Public Works and the Secretary thereof be and they each hereby are authorized and directed to execute and deliver such Agreement on behalf of the County of Oakland, in as many copies or counterparts as they may deem necessary or desirable, in substantially the form set forth in the resolution of the Township Board of the Township of Bloom- field and herein incorporated. ADOPTED: Yeas Nays PUBLIC WORKS COMMITTEE By Lee Walker, Vice Chairman On roll call, the resolution was adopted by the following vote: YEAS: Walker, Wilcox, Berman, Brotherton, Burley, Button, Coy, Dunleavy, Gabler, Hobart, Hoot, Houghten, Moffitt, Montante, Nowak, Perinoff, Pernick, (17) NAYS: None. (0) day of 7 April 197k , the original of which 25th signature this 25th day of April STATE OF MICHIGAN ) ) SS: . . COUNTY OF OAKLAND ) I, the undersigned, the duly qualified and acting County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the Oakland County Board of Commissioners, held on the is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official County Clerk D8TED -...-__April 25, 1,974: SYSTEM EVERGREEN SEWAGE Di 5F;-.7 BLO:TLD Tr.L: STAGE TWO DEPART' OF PUBLIC WORKS E ZT OA K LAD COUNTY MICHiGAN AN:H rU-3 t3 EXHI SFr A 2290 1.f. 6 ea. 1 ea. S 35.00 700.00 1,000.00 ▪ $ 80,150.00 4,200.00 1,000.00 $421,080.00 1. 15" Sanitary Sewer S!--r:-1.,rd Manholes 3. Wet Well Tap Estimated Cost of Construction ring, Administration, Eri.4...! Easements, Legal, and Co nti nencis 5103,920.00 EVE R G7 DISPOS,-AL SYSTEM TC:•'11/NSHIP ARMS STAGE TWO DEPART717 OF PUBL:C OAKLAND COUNTY, MICHiGPJ.1 EST:MATE OF COSTS - Tap @ Forest Lake Outlet to M.H. 35 Cd.) Klingensmith and Hamilton - 1. 15" Sanitary Sewer 2. Standard 3-. Tap to Exist ria. 4. 6" Riser 7400 1.f. 34 ea. I ea. 110 1.f. $ 35.00 @ 700.00 @ 1,000.00 15.00 = $259,000.00 - ▪ 23,800.00 1,000.00 - 1,650.00 M.H. (z] Klingensmith and Hamilton to Pump Station at Lake Shore Apartments @ 1. 15" Sanitary Sewer - 2. Standard Manholes 3. Wet Well Tap 4. 6" Riser 1260 1.f. 5 ea. 1 ea, 112 1.f. $ 35.00 700.00 1,000.00 15.00 ▪ $ 44,100.00 = 3,500 00 1,000.00 = 1,680.00 M.H. 0 Klingensmith and Hamilton to Pump Station in Telegraph Road TOTAL ESTIMATED COST $525,000.00 EXHIElT "P"