HomeMy WebLinkAboutResolutions - 1972.01.20 - 157500
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
1972
Thursday , the 20th day of ! January , WEI, at
10:00 o'clock A.M., Eastern Standard Time.
PRESENT: Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Horton,
Houghten, Kasper, Lennon, Mainland, Olson, Patnales, Ferinoff, Fernick,
Powell, Richards, Richardson, Simson. Szabo. (23)
ABSENT: Harrison, Mathews, Faholak, Wilcox. (4)
Miscellaneous Resolution No 5900
Recommended by the Board of Public Works
Re: BINGHAM FARMS EXTENSION NO. 1
Submitted by Mr. Lennon
The following resolution was offered by Mr. Lennon
and seconded by Mr. Daly
RESOLUTION PROPOSED BY OAKLAND
COUNTY BOARD OF PUBLIC WORKS
WITH RESPECT TO EVERGREEN SEWAGE
DISPOSAL SYSTEM - BINGHAM FARMS
EXTENSION NO. 1
WHEREAS, the Board of Public Works has submitted to this
Board revised estimates of cost and sch edule of payment for the
Evergreen Sewage Disposal System - Bingham Farms Extension No 1
in the form of Revised Exhibits B and C to the Agreement of April
1, 1971, pertaining thereto, all of which have been approved by
the Board of Public Works; and
WHEREAS, the Oakland County Board of Public Works has
approved a form of Amendment to Agreement to be dated October 1,
1971, between the County of Oakland, the Village of Bingham Farms
and the Village of Franklin amending the apportionment of costs
and payment date by the villages for the Evergreen Sewage Disposal
System to be known as the Bingham Farms Extension No 1 and did
authorize the Chairman and Secretary of the Board of Public Works
to execute said Amendment to Agreement subject to the approval of
this Board of Commissioners; and
WHEREAS, the above mentioned municipalities constitute
all of the parties needed to contract with the County for 100% of
the cost of the project; and
WHEREAS, the said Amendment to Agreement is being executed
by the said municipalities,
NOW, THEREFORE BE IT RESOLVED, that the said Revised
Exhibits B and C be approved and the County Clerk is hereby autho-
rized to endorse on said revised exhibits the fact of such approval
and return same to the Board of Public Works,
BE IT FURTHER 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,
an Amendment to Agreement to be dated October 1, 1971, between the
County of Oakland, the Village of Bingham Farms and the Village of
Franklin, which reads as follows:
AMENDMENT TO AGREEMENT
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION NO 1
THIS AGREEMENT, made as of this 1st day of October, 1971,
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 VILLAGE OF BINGHAM FARMS and the VILLAGE OF
FRANKLIN, municipal corporations in the County of Oakland (herein-
after collectively called the "municipalities"), parties of the
second part:
WITNESSETH:
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 enlarge
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
and
Sewage Disposal System;
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 ot 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 DepartMent 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 corporations to the County in
accordance with the provisions of saidHAgreement, as amended
(herein referred to as the "Base AgreeMent"); and
WHEREAS, the county and the Village of Franklin and the
Village of Bingham Farms have entered into an Agreement, Evergreen
Sewage Disposal System, Bingham Farms Extension No 1, dated as of
April 1, 1971, concerning the construction of and payment for the
Extension No I thereto (herein called the "Agreement"); and
WHEREAS, it is now necessary to amend said Agreement
pertaining to the Bingham Farms Extension No, 1 (hereinafter
sometimes referred to as the "Extension No 1") under the provisions
of Act No, 185 of the Michigan Public Acts of 1957, as amended,
for the purpose of changing the allocation of and date of payment
for said Extension No as to said villages and to attach revised
exhibits thereto identified as Revised
C; and
Exhibit B and Revised Exhibit
WHEREAS, no other munic in the Evergreen Sewage
Disposal District, as enlarged, is to participate at this time in
the construction of said Extension No.! I; and
WHEREAS, in order to issue bOnds, it is necessary that
the county and the municipalities, parties hereto, enter into
this Amendment to Agreement; and
WHEREAS, the Oakland County Department of Public Works
(hereinafter sometimes referred to as the "DPW") has obtained a
revised estimate of cost for the construction of said Extension
No 1, prepared by Giffels-Webster Engineers, Inc., registered
professional engineers, and a revised schedule of payment of the
cost of said Extension No. 1 which revised estimate of cost is
attached hereto as Revised Exhibit B and by this reference made
a part hereof, and which revised schedule is attached hereto as
Revised Exhibit C and by this reference made a part hereof.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO, that the following numbered paragraphs of the
Agreement are amended to read as follos:
1. The plans and specifications for the Extension No
as prepared by Giffels-Webster Engneers, Inc., registered pro-
fessional engineers, are hereby approved and adopted in the form
initialed by the parties hereto under the date hereof, and the
revised estimate of cost thereof is approved and adopted in the
amount of $340,000 as set forth on Revised Exhibit B hereto attached
The said Extension No 1 shall consistof sanitary sewers located
approximately as set forth and generally shown on Exhibit A hereto
attached, The said plans and specifications and revised 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 construction of the project, 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 conr
structed within a reasonable time thereafter.
4. Each of said villages shall pay to the county, to
cover the capital cost of the Extention No. 1, a sum equal to
that produced by applying the following percentages to the capital
cost thereof, to-wit:
Village of Franklin 57.3529%
Village of Bingham Farms 42.6471%
Total 100.0000%
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
Exhibit B agreed to by the parties hereto, incurred by the county
in acquiring and constructing the Extension No 1. Included on
said Exhibit B is a line item of cost which is in the amount of the
obligation of the Village of Franklin under the Addition Agreement
to pay in cash on April 1, 1971, the sum of $115,444.82, plus
interest on such sum from April 1 to October 1, 1971. This item
has been taken into account in calculating the percentage of cost
to be paid by the Village of Franklin as set forth above in this
paragraph.
5. The amount to be paid by each village shall be
divided into annual installments, numbered in direct order of
their maturities. The aggregate amount of each installment as to
each village and the division thereof between the villages are set
forth in Revised Exhibit C hereto attached and by this reference
made a part hereof. Said installments shall be due in consecutive
numerical order on the first day of October in each year, beginning
with the year 1972, and all amounts thereof from time to time un-
paid, shall bear interest from the date of the bonds to be issued
by the county, at the rate per annum payable by the county on said
bonds, payable on April 1, 1972, and on the first day of April in
each year thereafter. In addition, there shall be paid by the
villages on April 1 of each year the annual fees and expenses con-
,
nected with the payment of said bonds. If any village shall fail
to pay any installment or interest when the same becomes due, then
the amount thereof shall be subject to 'a penalty, in addition to
interest, of 1/2 of 1% for each month or fraction thereof that the
same remains unpaid after the due date. Each village may pay in
advance of maturity all or any part of an annual installment by
surrendering to the county bonds issued in anticipation of payments
to be made under this Agreement, of a like principal amount
maturing in the same calendar year, with all future due interest
coupons attached thereto. Accrued interest upon the amount so paid
upon any installment, and accrued interest upon the bonds surrendered,
shall be adjusted to the date of surrender and any difference shall
be paid in cash. All surrendered bonds and coupons shall be canceled.
This Amendment to Agreement shall become effective upon
being approved by the legislative bodies of the municipalities and
by the board of public works and board of commissioners of Oakland
VILLAGE OF FRANKLIN VILLAGE OF BINGHAM FARMS
President President
County and properly executed by the officers of the municipalities
and of the board of public works. This Amendment to Agreement
shall terminate when the Base Agreement terminates. The Agreement
of April 1, 1971, pertaining to Extension No. I shall remain in
full force and effect as amended hereby.
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
By
Chairman
Secretary
By By
By By
Village Clerk Village Clerk
Construction .
Engineering . .
Inspection .
Administration .
Soil Borings . . .
Easement Acquisition —
Legal. . .
Financial .
Contingency .
Purchase of Capacity - Village of Franklin
GIFFELS ESTER ENGJeNEERS
BY XI
Franklin D. Webster, P.
ESTIMATE OF PROJECT COST
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION NO. 1
(Sanitary Sewer)
August 1971
Description
18-inch Sewer
15-inch Sewer
12-inch Sewer
10-inch Sewer
8-inch Sewer
6-inch House Lead
12-inch Tunnel Sewer
Manholes
Quantity
1367 L.F
1256 L.F.
1605 L. F.
1101 L.F.
1937 L. F.
45 L.F.
85 L. F.
29 Ea.
Unit Price
33.00
31.00
25.00
20.00
19.00
14.00
175.00
875.00
Item Cost
= $ 45,111.00
= 38,936.00
= 40,125.00
= 22,020.00
= 36,803.00
630.00
= 14,875.00
= 25,375.00
Construction Sub-Total
Capitalized Interest - Village of Bingham Farms
6 Months @ 7.0% of $145,000.00 portion of
$605,000.00 Bond Issue
Project Sub-Total
Deduct Village of Franklin Cash Payment
Deduct Village of Bingham Farms Cash Payment
Total Bonded Project Cost
= $223,875.00
. $223,875.00
. 20,663.66
• 6,716.25
5,596.88
800.00
• 5,000.00
• 2,542.98
• 2,197.36
• 22,024.71
118,908.16
5 1 075.00
$413,400.00
70,640.12
2,759.88
$340,000.00
I hereby estimate the period of usefulness to be Fifty (50) years and upwards.
EXHIBIT "B°'
(Revised)
Principal Maturities
November 1 Year
August 1971
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION NO. 1
(Sanitary Sewer)
Schedule of Annual Principal Maturities
and Schedule of Annual Principal Payments
?rincipal Payments Principal Payments
Village of Bingham Farms Village of Franklin
1971 -0-
1972 $ 65,000
1973 70,000
1974 ' 75,000
1975 5,000
1976 5,000
1977 5,000
1978 5,000
1979 5,000
1980 5,000
1981 5,000
1982 5,000
1983 10,000
1984 10,000
1985 10,000
1986 10,000
1987 10,000
1988 10,000
1989 10,000
1990 10,000
1991 10,000
-0- -0-
5,000 $ 60,000
5,000 65,000
5,000 70,000
5,000 -0-
5,000 -0--
5,000 -0-
5,000 -0-
5,000 -0--
5000 -0--
5,000 -0-
5,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10,000 -0-
10.„ 000 -0-
Total $340,000 $145,000, $195,000
EXHIBIT C
(Revised)
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 Amendment to Agreement as they may deem
advisable.
PUBLIC WORKS COMITTEE
Bernard F. Lennon, Chairman
Moved by Lennon supported by Daly, the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN )
)SS:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified County Clerk of the
County of Oakland, Michigan, do hereby certify that the foregoing is
a true and complete copy of a resolution adopted by the Board of
Commissioners at a Regular meeting held on the 20th day of
1972 _
January I291c1, the original of which is on file in my office.
IN WITNESS WHEREOF, I have hereunto affixed my official
1972.
signature this 20th day of January , A.D. PAW.
Oakland County