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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