HomeMy WebLinkAboutResolutions - 1971.04.13 - 15969presented the following resolution, a Mr. Lennon
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 Tuesday the
April 13 th day of , 1971, at 93 0 o'clock A.M. Eastern
Standard Time.
PRESENT: Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler,
Hamlin, Harrison, Horton, Kasper, Lennon, Mainland, Mathews, Olson,
Perinoff, Pernick, Richards, Richardson, Simson, Wilcox. (23)
ABSENT: Houghten, Patnales, Powell, Szabe. (4)
5670 Miscellaneous Resolution No.
Recommended by the Board of Public Works
Re: EVERGREEN SEWAGE DISPOSAL SYSTEM
ADDITION OF THE VILLAGE OF FRANKLIN TO DISTRICT
copy of which has been sent to each member of the Board of Commissioners.
WHEREAS, the Oakland County:Board Works, on nf
to be dated of 2==11 1, 1970 ,JeLwe.,.. the County of Oakland and as
Resolution propos ed. by OakTand
County Board of Public Works with
respect to adding the Villam, of
Franklin to the I]vorgeen. Sewage Di srm7 ,1 Sys tem
March 22, 197' IRR>ek, did approve a :form of AOR77:JTT RELATT7
TO THE AD.DT.)::; OF AREAS TO THE EVET:fI• DISTRTCT
AND THE AS=PTTC7 OF A POTTIOH OF THE COST OF Anc)UTRING m•J
EVERCRY= DTSPOS7J, SYSTEH AND ,.Bs.MS AND TXTENSIONS THER7m0,
the Villa g e of Franklin, the City of Southfielf and the Village of
Bingham Farms, and did authorize the Chain:Jan and Secretary of the
Board of Public Works to execute sa i d Agree=nt subject to the
approval of this Board of Comraissioners; and
WHEREAS, this Board of Supervisors by resolution. 7li5c.
No. 4115 adopted on March 6, 1963, did enlarge the Evergreen
Sewage Disposal District to include the areas in the said village
and did authorize and direct the said Beard of Public Works to
obtain, such an Agrecment and submit the same to this Board for
approval; and
WHEREAS, the said Agreement has been e.:eci..;:td by the
said villages and city and approved by each of the mILr,,ioiDalitie
originally parties to the Evergreen Sewage Disoosal SvstcmAgr e c-
ment, and its amendments,
NOW T=7=E 137 IT RESOL7717), that the Chairman. and
Secretary of the Board of Public Nor be and they are hereby
authorized and directed to execute and deliver on behalf of said
County of Oakland, an AOrn tt) Id: fated as of )7 .7),-..i7 1, 1970, • • • •
between the County of Oakland and the!Village of Franklin, the City
of Southfield and the Village of Bingham Farms, which reads as
follows:
AGREENT RELATIVE TO THE ADDITION OF
AREAS TO THE EVERCR. SE.:!: DISPOSAL
DISTRICT AND THE AssunDTIc\: OF A PORTION
OF THE COST OF ACQUIRIG TI NT. EVERGREEN
SEWAGE DIsPnsAL 5y51T1 AND ARMS AND
EXTENSIONS THERETO
THIS AGE.M.77!-T ma,'M as of the 1st day of April, 1970,
by and boteen thc COUNTY OF =LAND,' a Michigan county cn.rfloration
(hereinafter called the 'County"), party of the first part, and
the VILLAGE OE FRANKLIN, a municipal corporation in the County of
Oakland (hereinafter called "Fran7din 1 ), party of the second part,
and CITY OF SOUTH7TF1.D and VILLAGE OF B=17 FA7n1S, .nunic:;.7a1
corporations in the County of Oakland (hc:':rcirafter called 'South-
field" and "Binc-lham Farms, respectively) , parties of the third
part.
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No, 3269, adoted August 12, 1957, as amended
by resolution, Misc. No, 3435, adopted October 13, 1958, did
approve of establishment of the Evergreen Sewage Disposal System
to serve the Evergreen Sewage Disposal District, which district
is composed of the following areas in municipalities In the
County, to-wit:
1. CITY OF 131,0=7 ITtr) ITItLS - Entire City
2. CITY OF LATHPUT VILLAGE - tntire City
3. TOWNSHIP 07 PLOOVTTELD Entire Townsip
4. CITY 07 BIRMINGHAM - Westerly part
5. CITY OF SOUTH:F=1D - Westerly part
6. VILLAGE OF WESTWOOD - Westerly part
(Now Village of Beverly Hills)
7. CITY OF TROY - Westerly part
8. TOWNSHIP OF PONTIAC
- Parts in Sections 35 & 36
- ; and
WHEREAS, pursuant to the Everc2reon Sewage Disposal
System Agreement, dated November 10, 1958, as amendec7 by
amendatory agreements dated December 22, 1958, and February 9,
1959, all between the County of Oakland and the Cities of
Birmingham, Bloomfield Hills, Lathrupyillage, Troy and Southfield,
the Village of Westwood (now Beverly and the Townships of
Bloomfield and Pontiac, municipal corporations in said County of .
Oakland, (hereinafter called the "original municipalites') the
said County actina thru 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
amended (herein referred to as the "Ease 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 the enlargement and extension of said
sewage disposal district and system herein provided will protect
the public health and welfare of the Citizens of the County to be
served thereby; and
WHEREAS, the Council of the Village of Franklin, by
resolution adopted on July 9, 1962, and the Council of the Village
of Bingham Farms by resolution adopted . on June 25, 1962, each of
-which resolutions are addressed to the County of Oakland, acting
through its Department of Public Works:, have each requested the
County to enlarge the Evergreen Sewage Disposal District, and
extend the Evergreen Sewage Disposal System, pursuant to Act No.
• 185, Michigan Public Acts of 1957, as 'amended, for the purpose of
providing outlet facilities for transporting and treatin
sewage from each of said villages and in which resolutions
of said villages have indicated a willingness
the County to pay their .respective shares
said system on the same basis as if each of
originally been included in said district
tion of said system by said County; and
WHEREAS, the Oakland County Board of Supervisors by
adoption of resolution, Misc. No 4115 on.7arch 6, 1963, amending
its resolution, Misc. No. 3435 adopted Octob er 13, 1958, has
included the areas in the Village of Bingham Parms and Village of
Franklin in the Evergreen Sewage D i sposal District and, has obtained
the consent of each of the original municipalities thereto; and
WHEREAS, Bingham Farms has heretofore entered into
contracts with the County and Southfield relative to the Evergreen
Sewage Disposal System and to extensions thereof, described as
follows:
A. Agreement Relative to the Addition of
Areas to the Evergreen Sewage Disposal
District and the Assumption of a Portion
sanitary
each
to contract with
of the original cost of
said villages had
at the time of acquisi-
of the Cost of Establishing and Con-
structing the Evercire= Sewage Disposal
System, dated as of OctobeY. 1, 1962,
between the County of Oakland and
Village of Bingham Farms,
Agreement, Evergreen Seage. Disposal
System, Southfield-Rouge Arm, dated
as of .T,pril 15, 1964, hot ma the
County of Oakland and the City of
Southfield and Village of Bingham
Farms; as amended by Aendnet to
Agreement, dated as of Janucy 15,
1965; Second Amendment to :Agreement,
dated as of June 1, 1967; A--.;-Tsnt
to Second Amendment to Agn:-e7ent,
dated as of January 1, 1969 (herein
called "Southfieid-Rouge Arm Agree-
ments").
; and
WHEREAS, Bingham Farms has filed a recluest resolution,
adopted by its Council on December 22, 1969, requestng a further
extension of the Evergreen Sewage Disposal System in said Village
which request has been granted by the Beard of Public Works of the
County and the requested Tprej-ect has been designated Evergreen
Sewage Disposal System - Bingham Farms Extension No. 1; and
WHEREAS, Franklin, in order to be served by the Evercfreen
Sewage Disposal System, is required to purchase capacity, as here-
in provided, in the following sewage disposal facilities, heretofore
acquired or now under acuisition by the County,. to-wit:
A. Evergreen Sewage Disposal System
(herein called the "System").
B. Southfield Rouge Arm to the SysLern
(herein called the "Arm").
C. North Extension to the Arm (herein
called the 'North E:Ktension”).
D. Bingham Farms Extension No. I to
the System (herein called the
"Extension No. 1").
and to accomplish this the Village of Franklin must assume part
of the obligations of the parties to the Base Agreement and the
Southfield Rouge Arm Agreement and become a party to the Agreement
concerning the Extension No. 1 when the same is hereafter executed;
and
WHEREAS, the County has issued its bonds to finance
acquisition of the System and the Arm. and North Extension as
follows:
A. $6,919,000 Oakland County Sewage Dis-
posal Bonds - Evergreen System, dated
April 1, 1959.
B. $2,060,000 Oakland County Sewage Dis-
posal Bonds - Evergreen System -
Southfield-Rouge Arm, dated January
1, 1966.
and intends to issue its bonds to finance the Extension No. 1; and
WHEREAS, the obligations of the original municipalities
and of Southfield and Bingham Farms to make the payments in
anticipation of which the county has issued its bonds cannot be
reduced or released so long as any of said bonds are outstanding
but the payments made and to be made pursuant hereto by Franklin
may be, when received by the County, paid out to said munici-
palities in proportion to the respective percentage obligation of
each to make payments to the County as to any of the several
sewage disposal projects above described.
THEREFORE, IT IS l EERY 7% 1.1 1' • • pv AND i---',77-72T-7,71 THE PT,RTIT7c,
HET-7T10, as follows:
1. Upon the payment of the sums and the assumption of
the obligations herein provided Franklin shall be and become part
of and be entitled to be served by the System, the Arm, the North
Extension and the Extension No. 1 upon the same basis as the
original municipalities and Southfield and Bingham Farms and
subject to the terms and provisions of the Base Agreement, the
Southfield-Rouge Arm Agreements and any Extension No. 1 Agreement
hereafter executed, to which Franklin hereby agrees to become a
party.
2. The maximum population which the County shall be
required to serve, pursuant to this Agreement and the Base Agreement,
within Franklin and the extent of the sewage disposal service
to be rendered such municipality by the System, shall be as follows:
Maximum of 3672 persons.
Disposal of sanitary sewage only.
3. Franklin shall pay to the County, as soon as avail-.
able after the execution and delivery! of this Agreement, but not
later than April 1, 1971, the following sums, in cash, to-wit:
SYSTEM: 1960 thru 1970 principal and interest = $62,015,90
Administrative and legal expenses 2,000.00
Total = $64015.90
ARM AND
- NORTH EXTENSION: 1967 thru 1970 principal and
interest = $44,428.92
Administrative and legal
expenses 7,000.00
Total = $51,428.92
Thereafter on April 1st of each year,: commencing April 1, 1971,
Franklin shall pay to the County, to •cove r its share of the capital
cost of the System, determined as provided in the Base Agreement,
and of the Arm and North Extension, clpte=ine(5 as p7r-:1 in the
Southfield-Rouge Arm Agreements, the sums as set forth on the
Schedule of Payments attached hereto and by this reference made a
part hereof. Paying agent's fees and handling charges shall be
added to the scheduled annual payments and billed to Franklin annually.
4. The amount of both principal and interest to be paid
by Franklin shall be compute& and paid in accordance with the
provisions of the Base Agreement and the Southfield-Rouge Arms
Agreement, and especially paragraph 7Hof the Base Agreement. Upon
receipt by the county of the payment from Franklin, the County
shall, within ten days thereafter, reknit to each of the original
municipalities and Southfi,eld and Bingham Farms its proportionate
share of such payment computed as follows:
Evergreen Sewage Disposal Southfield Rouge Arm and
System Extension
Bloomfield Twp. - 22.61937% SOuthfield - 94.06355%
Pontiac Twp. - 2.07715% Bingham Farms - 5.93645%
Birmingham. - 9.90019%
Bloomfield Hills - 4.18128%
Lathrup Village - 4.31616%
Southfield - 37.51011%
Troy - 11.49177%
Beverly Hills - 7.90397%
The annual payments to be made by Franklin shall continue as provided
on the Schedule of Payments, unless the aggregate amount to be paid
by Franklin, as set forth on the Schedule of Payments, is sooner
paid by prepayments made in accordance with the provisions of para-
graph 7 of the Base Agreement.
5. As modified and suT)plemented hereby all of the terms
and provisions of the Base Aureem.ent and the Southfield-Rouge Ar111.
Agreements shall continue in full force and effect and shall be
applicable to Franklin and the original municipalities and South-
field and Bingham Farms in the same manner and extent as though all
of said munieipalites were parties thereto in the first instance.
6. Franklin 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 consideration •
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, Public Acts of 1957,
as amended) earmarked for the payment • of the current obligations
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 providedin paragraph (2),
Section 12 of said Act 185, Public Acts of 1957, as now existing
or hereafter amended.
7. The provisions of this Agreement shall be construed
or applied so as not to impair the security of any bonds issued
by the County upon the full faith and credit pledges of the
original municipalites or of Southfield and Bingham Farms, 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.
8. This Agreement shall become effective noon being
approved by the legislative bodies of Franklin and of Smithfield
VILLAGE OF FRANKLIN VILLAGE OF BING= FARMS
and Bingham Farms and by the board of public works al-_d board of
commissioners of Oakland County. The duly d ,,,sicmatr-d officers of
Franklin, Southfield and Bingham Farms and., of the board of public
works shall properly execute this Agre=ent. The duly desinatcd
officers of the original municilaalities which have consented to
the rendering of sewage disposal service to Franklin unon execution
of an Agreement in this form shall end,orso hereon the fact of their
approval as already authorized by their respective legislative
bodies. This Agreement shall terminate when the Base Agreement
and Southfield-Rouge Arm, Agreements terminate.
IN WITNESS WE-ERECT, 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.
CITY OF SOUTHFIELD
By
Mayor
By By .
--City Clerk Secretary
COUNTY OF OAKLAND
BY ITS BOAT,D OF PUBLIC WORKS
Chairman
By By
President President
By By
Village Clerk Clerk
APPROVED: . CITY OF TROY
APPROVED: CITY OF BIR1:4INCHAM
, 1970 By
Mayor
By
City Clerk
APPROVED: CITY: OF DLOONETELD HILLS
, 1970 By
Mayor
TaTn-Ja
APPROVED: CITY OF LATHRTIP VILLAGE
, 1970 By
Mayor
By
City Clerk
By
, 1970 By
Mayor
City Clerk
By
APPROVED:
, 1970
VILLAGE OF W7STWO,'M (Beverly Hills)
By ------ President
By
Village Clerk
APPROVED: TOriaTSITIP OF BLOOZ-47IELD
APPROVED
, 1970 By
Supervisor
By
Township eler
TOWNSHIP OF PONTIAC
, 1970 By
Supervisor
Township Clerk
By
Schedule of Payments
to be made by Village of Franklin
for capital cost of
Evergreen Sewage Disposal System
April 1, 1971 $4,392.64
14 1972 4,515.82
41 1973 4,475.65
,. 1974 4,536.19
" 1975 4,538.55
14 1976 4,536.45
IF 1977 4,529.87
i, 1978 4,518.83
" 1979 4,503.31
t, 1980 4,483.34
.. 1981 4,458.88
,. 1982 4,427,97
SF 1983 4,390.50
i, 1984 4,348,41
., 1935 4,301.76
• " 1986 4,301.92
44 1987 4,398.05
1988 4,482.66
ti 1989 ' • 4,298.62
Schedule of Payments
to be made by Village of Franklin
for capital cost of
Southfield Rouge Arm and North Extension
1971 $11,092.65
1972 10,908.36
1973 11,184.80
1974 10,977.47
1975 10,770.14
1976 11,023.55
1977 10,793.18
1978 11,065.02
1979 11,323.02
1980 11,101.87
1981 11,341.45
1982 11,101.87
1983 11,323.02
1984 11,065.02
1985 11,267.73
1986 11,452.03
1987 11,610.53 •
1988 11,750.13
1989 11,870.84
1990 11,972.66
1991 12,055.60
1992 11,658.90
1993 11,262.20
1994 10,865.51
1995 10,468.82
1996 10,072.12
PUBLIC WORKS COMMFTEE
..... •
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 AgreeTnont as they may doom adv isab le,
PUPIJC WORKS COMTTEE
L,:nnon, CW
I
By Chairrnan
Edwards moved the adoption of the fore- Mr.
Mr. Aaron going resolution. The motion was supported by
On roll call the resolution was adopted by the following vote:
AYES: Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards,
Gabler, Hamlin, Harrison, Horton, Kasper, Lennon, Mainland, Mathews,
Olson, Perinoff, Pernick, Richards, Richardson, Simson, Wilcox_ (23)
NAYS; None. (0)
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 fore-
going is a true and complete copy of a resolution adopted at a
regu 1 a r meeting of the Oakland County Board of Commissioners,
1971, the original held on the 13th d ay of Apr i 1
of which is on file in my office,
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 13th day of AprH A.D. 1971.
Ly177-157-ATIFT7-7:7513170.77Ufga