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HomeMy WebLinkAboutResolutions - 1972.09.07 - 15942, the 7th day of o'clock A.M., Eastern Standard Time. Thursday September 1972, at 10:00 7 -- 7 :;?"-- , 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 PRESENT: Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Hamlin, Harrison, Horton, Houghten, Kasper, kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, Patnales, Perinoff, Pernick, Powell, Richardson, Simson, Szabo, Wilcox. (26) ABSENT: Gabler. (1) Miscellaneous Resolution No 6109 Recommended by the Board of Public Works' Re: BINGHAM FARMS EXTENSION NO. I Submitted by Mr. Lennon The following resolution was offered by Mr. Lennon and seconded by Mr. Bur ley RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO EVERGREEN SEWAGE DISPOSAL SYSTEM, BINGHAM FARMS EXTENSION NO I WHEREAS., the Board of Public Works has submitted to this Board seCond revised estimates of cost and schedule of payment for the Evergreen Sewage Disposal System, Bingham Farms Extension No. 1, in the'form of Second Revised Exhibits B and C to the Agreement of April 1, 1971, and Amendment to Agreement of October 1, 1971, per- taining thereto, all of which have been approved by the Board of Public Works; and WHEREAS, the Oakland County Beard of Public Works has approved a form of Second Amendment to Agreement to be dated September 1, 1972, between the County o. the Village of Bingham Farms and ,the Village of Franklin amending the amount of costs and payment dates by the Villages, for the Evergreen Sewage Disposal System, Bingham Farms Extension No. 1 and did authorize the Chairman and Secretary of the Board of public Works to execute said .Second 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 piroject; and WHEREAS, the said Second Amendment to Agreement is being executed by the said municipalities, NOW, THEREFORE BE IT RESOLVED, that the said Second Revised Exhibits B and C be approved and the County Clerk is hereby autho- rized to endorse on said secoAd 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, a•Second Amendment to Agreement, dated September 1, 1972, between the County of Oakland, the Village of Bingham Farms and the Village of Franklin, which reads as follows; SECOND AMENDMENT T0 AGREEMENT EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 1 THIS AGREEMENT, made as of this 1st day of September, 1972, by and between the COUNTY OF OAKLAND, a Michigan county cor- poration (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 FARNKLIN, municipal corporations in the County of Oakland (hereinafter collevtively called the "municipalities"), parties of the second part: WITNESSET H: 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 Sewage Disposal System; 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, 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 said Agreement, 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, and an Amendment to Agreement, Evergreen Sewage Disposal System, Bingham Farms Extension No. 1, dated as of October 1, 1971, concerning the construction Of and payment for the Extension No. 1 thereto (herein called the "Agreement" and the "First Amendment"); and WHEREAS, it is now necessary, to further amend said Agree- ment 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; and WHEREAS, no other municipality in the Evergreen Sewage Disposal District, as enlarged, is to .participate at this time in the construction of said Extension No., 1; and WHEREAS, in order to issue bonds, it is necessary that the county and the municipalities, parties hereto, enter into this Second Amendment to Agreement; and WHEREAS, the Oakland County Department of Public Works (hereinafter sometimes referred to as the "DPW") has obtained a second revised estimate of cost for the construction of said Extension No. 1, prepared by Giffels-Webster Engineers, Inc., registered professional engineers, and la second revised schedule of payment of the cost of said Extension no. 1 which second revised estimate of cost is attached hereto as Second Revised Exhibit B and by this reference made apart hereof, and which second revised schedule is attached hereto as Second Revised Exhibit C and by this reference made apart 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 follows: 1. The plans and specifications for the Extension No. 1 as prepared by Giffels-Webster Engineers, Inc., registered pro- fessional engineers, are hereby approved and adopted in the form initialed by the parties hereto under the date hereof, and the second revised estimate of cost thereof is approved and adopted as set forth on Second Revised Exhibit B hereto attached. The said Extension No. I shall consist of sanitary seers located approximately as set forth and generally shown on Exhibit A hereto attached. The said plans and specifications and second revised estimate of cost shall be submitted to the county board of com- missioners, 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 Village of Franklin Village of Bingham Farms 57.3529% 42.6471% shall proceed to secure bids for the construction of the project, to secure.bids for the purchase of the bonds, to award the con- struction contracts and to issue the bonds, and shall cause the project to be constructed within a reasonable time thereafter. 4. Each of said villages shall pay to the county, to cover the capital cost of the Extension No. 1,-a Stun equal to that produced by applying the following percentages to the capital cost thereof, to-wit: Total 100.0000% The term "capital cost" as above used, shall include all items of cost set forth in Second Revised Exhibit B attached here- to 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 subsequent 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 Second Revised 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 $115,44482, plus interest on sucW•sum from April 1 9 1971, to October 1, 1972. 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 Second 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 1973, and all amounts thereof from time to time unpaid, 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, 1973, 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 connected 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 Second Amendment to Agreement shall become effective upon being approved by the legislative bodies of the municipalities and by the board of public works and bbard of commissioners of Oakland County and properly executed by the officers of the munici- palities and of the board of public works. This Second Amendment VILLAGE OF FRANKLIN VILLAGE OF BINGHAM FARMS By By dent President Pres Village Clerk to agreement shall terminate when the Base Agreement terminates. The Agreement of April 1, 1971 and the 1First Amendment of October 1, 1971, pertaining to Extension No. l lshall 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. COUNT f OF OAKLAND BY ITS BOARD OF PUBLIC WORKS By Chairman By Secretary By By Village Clerk STIMATE OF PROJECT COST EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 1 (Sanitary Sewer) August 1972 Description Quantity Unit Price Item Cost 18-inch Sewer 1367 L.F. @ $ 33.00 = $ 45,111.00 15-inch Sewer 1256 L.F. @ 31.00 = 38,936.00 12-inch Sewer 1605 L.F. @ '25.00 40,125.00 10-inch Sewer 1101 L.P. @ 20.00 = 22,020.00 8-inch Sewer 1937 L.F. @ 19.00 = 36,803.00 6-inch House Lead 45 L. P. @ 14.00 = 630.00 12-inch Tunnel Sewer 85 L.F. @ 175.00 ...-- 14,875.00 Manholes 29 Ea. @ 875.00 = 25,375.00 , = $223,875.00 Construction Sub-Totall Construction $223,875.00 Engineering . . . . . 20,663.66 Inspection . . . . . 6,716.25 Administration . . . . . 5,596.88 Soil Borings . . . . 800.00 Easement Acquisition ..... . 25,000.00 Legal 2,317.98 Financial, . . . . . . 2,107.36 Contingency . . . 22,063,02 Purchase of Capacity - Village of Franklin 125,834.85 Capitalized Interest - Village of Bingham Farms 6 Months @7.0% of $155,000.00 portion of $560,000.00 Bond Issue 5,425,00 Project Cost Sub-Total $440,400,00 Deduct Village of Franklin Cash Payment 142,085:32 Deduct Village of Bingham Farms Cash Payment .3,314-.68 Total Bonded Project COst $295;000.00 I hereby estimate the period of usefulness to be Fifty (50) years and upwards. GIFFELS-WEBSTER ENGINEERS, INC. By 6, / • Franklin D. Webster, F.E. EXHIBIT "B" (Second Revised) 'Principal Maturities November I Year August 1972 EVERGREEN SEWAGE DISPOSAL SYSTEM BINGHAM FARMS EXTENSION NO. 1 (Sanitary Sewer) Schedule of Annual Principal Maturities and Schedule of Annual Principal Payments Principal Payments Principal Payments Village of Bingham Farms Village of Franklin 1972 -0- 1973 $ 75,000 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 10,000 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 1992 10,000 -0- -0- $ 5,000 $ 70,000 5,000 70,000 5,000 -0-- 5,000 -0- 5,000 -0-- 5,000 -0--- 5,000 -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-- 10,000 -0-- 10,000 -0- Total $295,000 $155,000 $140,000 EXHIBIT ''G" (Second Revised) PUBLIC WORKS COMM By Ch dInn a n Supported by Mr. Burley A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN ) 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 by the Board of Commissioners at a regular meeting og said Board, held on the 1972, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official SS: 7th day of September signature this 7th day of September 1972. Lynn D.A1 len, County Clerk