HomeMy WebLinkAboutResolutions - 1971.08.19 - 15999presented the following resolution, Mr. Lennon
4k 5' 1
At a regular meeting of the Board of Commissioners of
Oaklan d County, Michigan, held in the Commissioners Auditori=
in the County Service Center, in the City of Pontiac, Michigan,
on Thursday the 1 9th day of August 1971, at
9:30 o'clock A.M., Eastern Standard Time
PRESENT: Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Edwards,
Gabler, Hamlin, Harrison, Horton, Houghten, Lennon, Mainland,
Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson,
Szabo, Wilcox. (24)
ABSENT: Kasper, Patnales, Powell. (3)
Miscellaneous Resolution No, 5779
Recommended by the Board • of Public Works
Re; CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM -
WEST BLOOMFIELD EXTENSIONS
a copy of which has been sent to each member of the Board of
Commissioners.
RESOLUTION•PROPOSED•BY.OAKLAND COUNTY
BOARD OF PUBLIC WORKS WITH r.P5P ,7717 TO
CLINTON-OAKLAND SENAGB DISPOSAL SYSTEM
- WEST BLOCWIre,LD•LXENSICJN
WHEREAS, the Oakland County Board of Public Works has
submitted to this Board plans and specifications and estimates of •
the cost. and period of usefulness of the Clinton-Oakland Sewage.
Disposal System - West Bloomfield Extensions, prepared by Neree D.
Alix, registered. professional engineer, which have been approved
by the Board of Public Works; and
WHEREAS, the Oakland County Board of Public Works has
approved a form of Contract to be dated April 1, 1971, between
the County of Oakland and the Township of West Bloomfield fdr the
extension of the Clinton-Oakland Sewage Disposal System to be
known as the West Bloomfield Extensions, and did authorize the
Chairman and Secretary of the Board of Public Works to execute
said Contract subject to the approval of this Board of Commissioners;
and
WHEREAS, the aforesaid municipality will pay 100% of the
cost of the project; and
WHEREAS, the said Contract is to be executed by the
said municipality.
NOW, THEREFORE, BE IT RESOLVED, that the said plans and
specifications and estimates of cost and period of usefulness be
approved and the County Clerk is hereby authorized to endorse there-
on 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 Contract to be dated April 1, 1971, between the County
of Oakland and the Township of West Blofield which reads as
follows:
CONTRACT
CLTNTON-OAELAND SEWAGE. DISPOSAL
SYSTEM- - WEST BLOOMFIELD . EXTENSIONS
THIS CONTRACT, made this 1st day of April, 1971, by and
between the COUNTY OF OAXLAND, 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•WEST•BLOOMFIELD, a township
corporation in the County of Oakland (hereinafter called the
"municipality"), party of the second part;
WITNESSET 113
WHEREAS, the Oakland County Board of Supervisors by
Resolution, Misc. No 4342, adopted on June 22, 1964, did approve
of establishment of the Clinton-Oakland Sewage Disposal System to
serve the Clinton-Oakland Sewage Disposal District, within which
district lies part of the Township of West Bloomfield; 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 acquire sewage
disposal systems as defined in said Act and to improve, enlarge
and extend any system acquired pursuant thereto; and
WHEREAS, the County of Oakland, through its Board of
Public Works, is acquiring and constructing the said Clinton-
Oakland Sewage Disposal System pursuant to the Amended Clinton-
Oakland Sewage Disposal System Contract, dated January 11,-198,
between the County of Oakland, the Charter Township of Waterford,
the Township of Avon, the Township of West Bloomfield, the
Township of Independence, the Township of Orion, and the Township
of Pontiac, (said contract.hereinafter referred to as the
"Clinton-Oakland Base•Contract"); and
WHEREAS, by the terms of. said Act No 185 the county
and the municipality are authorized to enter into a contract for
the acquisition, improvement, enlargement_ or extension of a_ sewage
disposal system and for the payment of the cost thereof by the
municipality with interest, over a period not exceeding forty
(40) years, and the county is then authprized, pursuant to appro-
priate action of its Board of Commissioners, to issue its bonds
to provide the funds therefor, secured by the full faith and credit•
contractual obligation of the municipality, and upon affirmative
vote of three-fifths (3/5ths) of the members elect of the Board of
Commissioners, by the full faith and credit pledge of the county;
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 Clinton-Oakland Sewage
Disposal System in the Township of West Bloomfield by the
acquisition and construction of the so-called West Bloomfield
Extensions .under the provisions of said -Act No 185 and to issue
one or more series of county bonds to finance said West Bloomfield
Extensions in anticipation of the collection by the county of
amounts to become due from the municipality under this contract
between the county and the municipality; and
WHEREAS, no other municipality in the Clinton-Oakland
Sewage Disposal District will be affected by the construction of
said West Bloomfield Extensions; and
WHEREAS, in order to issue such bonds, it is necessary
that the county and the municipality enter into this contract;
and
WHEREAS, the Oakland County Department of Public Works
(hereinafter sometimes referred to as the "DPW") has obtained
plans and cost estimates for the acquisition and construction of
said West Bloomfield Extensions, prepared by-Neree D. Alix, a
registered professional engineer (hereinafter sometimes • referred
to as the "consulting engineer") which plans and cost estimates
anticipate the acquisition and construction of said West Bloomfield
Extensions will be accomplished in accordance with the hereinafter
stated provisions of this contract.
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 Clinton-Oakland
Sewage Disposal System by the acquisition and construction of
sewage disposal facilities to serve the Township of West 8loomfield,
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 "Clinton
Oakland Sewage Disposal System - West Bloomfield Extensions" and
are hereinafter sometimes referred to as the "Ex1h5ir,ns".
2. The facilities constituting the entire West Bloom-
field Extensions 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 plans and specifications and the estimate of the total
cost of the project in the amount set forth on Exhibit B atteht,
hereto, and the estimate of 50 years and upwards as the period
of usefulness of the project, all as prepared by the consulting
engineer,
4. After the execution of this contract by the county
and the municipality, the board shall take the following stepsz
(a) Submit to the Board of Commissioners of-
Oakland County a resolution, duly approved
and recommended by the board, providing for
the issuance of bonds in one or more series
in the aggregate principal amount necessary
to finance the acTaisition of the project as
shown on Exhibit B or such different amount
reflecting any revision in the estimate of
the cost of the project as may be agreed
upon by the parties hereto, or reflecting
the amount of other funds available to pay
the cost of the project, maturing serially
as authorized by law, over a period of not
to exceed forty (40) years, which bonds will
be secured primarily by the payments herein-
after provided to be made by the municipality,
to the making of which the full faith and
credit of each is hereby pledged, and
secondarily, if approved by a three-fifths
(3/5ths) majority of the members elect of
the Board of Commissioners, by the full
faith and credit of the County of Oakland,
(b) After theBoard. of Commissioners of Oakland
County has adopted the bond resolution, the
board will take all necessary procedures to
obtain the approvals necessary to the issuance
of the bonds by the Municipal Finance Com-
mission of the State of Michigan, obtain
construction bids for the project and enter
into construction contracts with the lowest
responsible bidders, and sell and deliver the
bonds in the manner authorized by law.
(c) After the issuance of said bonds and the
execution of construction contracts, the
board shall cause the project to be con-
structed within a reasonable time and do all
other things required of it under the pro-
visions 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 West Bloomfield Extensions are to serve the municipality
and not the individual property owners and users thereof, unless.
by special arrangement between the board and the municipalitv,
The responsibility of requiring connection to and use of the
facilities of the project and of providingsuch additional facilities,
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 West Bloomfield
Extensions are an improvement, .enlargement and extension of the
Clinton-Oakland Sewage Disposal System and the Base Contract 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 contracts 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 municipality.
6, The municipality shall pay to the county 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
acquiring and constructing the project. The cost of the project
will be represented by one or more_ series of .bands to be issued
by the_ county as provided in paragraph 4 in the aggregate principal
amount not to exceed the cost of the project, or any portion there=•
of, as determined or estimated at the time or times of such
issuance. The municipality covenants and agrees to remit the
amount of the principal and interest payments. onsaid bonds so
issued and the paying agent fees and other charges to service said
bonds (herein called "bond service charges"), as hereinafter
provided, which amount shall be as shown on Exhibit C attached
hereto, the schedule of annual principal payments to be made by
the municipality, as subsequently modified.
Immediately upon_ the issuance of said bonds by the county
to finance the cost of the project or any part thereof, the board
shall notify the municipality, by written communications. addressed
to its treasurer, of the schedule of payments of the principal of
and interest on the bonds so issued and of the bond service charges
to be paid by the municipality. The municipality hereby covenants
and agrees, not less than thirty (30) days prior to the due date
of any principal of or interest on such bonds to remit to the county
sufficient funds to pay the same•along with any bond service charges
then due. The obligations herein expressed shall be applicableto
all bonds issued by the county to construct and complete the pro-
ject, or any part thereof, whether issued at one time or more_ than
one time. It is assumed that the aggregate principal amount of
all bonds issued will represent the cost of the project. If funds
are available from the municipality or any other source to pay the
cost of the project or any portion thereof, prior to the issuance
of bonds, then the obligations of the municipality shall be adjusted
and limited accordingly. If the municipality shall fail to make
any of such payments when due, the amount thereof shall be subject
to a penalty of one-half of one percent (1/2 of It) for each month
or fraction thereof that the s remains unpaid after t'he due
date The municipality ray pay in advance of maturity all or any
part of an annual installment due the county, (1) by surrendering
to the county, bonds issued here un d er of a like principal amount
maturing in the calendar year, with all futue due interest
coupons attached thereto, or (2) payment in of the principal
amount of bonds to be called p3ua all interest to the first day on
which such amount of bonds can be called and the amount of promium
and charges necessary to call such amount of bonds on such date.
7. After completion of the project and payment of all
costs thereof, any surplus remaining from the sale of the bonds
therefor shall be used to call such bonds as are callable or to
purchase bonds on the open market and in such event the contractual
obligation of the municipality in respect to the project•shall be
reduced by the principal a.:Jnt of bonds so called or purchased,
said reduction to be applied as to year, in accordance with the
year of the maturity of the bonds so called or purchased. Any
bonds so called or ped shall be cfAucilled In the alter-
native, said surplus may be .used at the request of the municinality
and upon approval by the O at County. Board of C.Jsioners,
to improve, enlarge or extend the prolect.
if the proceeds of the sa le e bonds
to be issued by the county to finance the project, or any part
thereof, are for any reason insufficient to complete the project
in accordance with the plans and specifications there. the
board shall, if necessary, su bmit to the Board. of Co7:•ioners
of Oakland County a resolution providing for the issuance of
additional bonds in an amount cu to provide funds to con-
plate the project in which event the duties andobligations of
the hoard and the municipality as expressed and set forth in this
contract shall be applicable to such additional issue of bonds as
well as the original issue, it being at all fully recognized
and agreed that the payments to be made by the municipality, in
the manner specified in paragraph 6 of this contract, shall be
based upon the aggregate amount of the. bonds outstanding. In lieu
of the issuance of such additional bonds, any other method may be
agreed upon by the county and the municipality to provide the
necessary funds to complete the project.
9. The municipality, pursuant to the authorization of
paragraph (2), Section 12 of Act • 185, Public Acts of Michigan,
1957, as amended, does hereby pledge its full faith and credit
for the prompt and timely payment of its obligations expressed in
this contract and shall each year, commencing with the year prior
to the year that it will first be required to make payments to the
county in accordance with the provisions of paragraph 6 of this
contract, levy a tax in an amount which, taking into consideration
estimated delinquencies in tax collections,. will he sufficient to
pay its obligations under this contract becoming due before the
time of the following year's tax collections; PROVIDED, HOWEVER,
that if at the time of making such annual tax levy there shall be
other funds on hand earmarked and set aside for the payment of such
contractual obligations • falling due prior to the next tax collection
period, then the annual tax levy may be reduced by such amount.
Such other funds may be raised in the manner provided in said para-
graph (2), Section 12 of Act 185, Public Acts, of Michigan, 1957, or
any amendments thereto.
This contract is contingent upon the county issuing its
negotiable bonds as set forth in subparagraph (b) of paragraph 4
of this contract, to defray the estimated cost of the project, or
a part of the project, which bonds shall be issued under the autho-
rization provided in paragraph (1), subparagraph (b), Section 11
of said Act 185, Public Acts of Michigan, 1957, as amended,
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 contract constitutes a permit. The muni-
cipality further consents to the establishment and location of
the project within its respective corporate limits and consents
tb the use of its streets, alleys and public places for the repair
replacement, maintenance and use of the sewage disposal facilities —
Upon completion of said Extentions the county does hereby lease the
same to the municipality to operate and maintain the same • upon the
following terms and conditions:
(a) The Extensions shall be used only to
serve the area in the municipality
which is in the District of the Clinton-
Oakland Sewage Disposal System.
(b) The municipality shall maintain said
Extensions in good condition
(o) The municipality and the county shall
not permit the discharge into said
System of any storm. water.
V
(d) The municipality shall appropriate in
each year of the System si:n:h sums as
shall be sufficient at least to pay the
cost of operating and maintaining the
Extensions, and to establish a fund for
replacements, improvements, and major
maintenance of the Extensions. In
addition, the municipality may make and
collect such service charges, connection
charges or special assessment to indivi-
dual users as shall he deemed desirable
to help to pay the operating costs of the
municipality and to provide such other
funds for sewage disposal purposes as
are deemed desirable. The municipality
shall enforce prompt payment of all such
charges and assessments as the same shall
become due.
The municipality hereby accepts the lease of the Extensions upon the
terms and conditions herein set forth.
11. The county and the municipality each recognize that
the holders from time to time of the bonds issued by the county
under the provisions of said Act 185, Public Acts of Michigan, 1957,
as amended, and secured by the full faith and credit pledge of the
municipality to the making of its payments as set f orth in this
contract, will have contractual rights in this contract and it
is therefore covenanted and agreed by each of them that so lon9
as any of said bonds shall remain outstanding and unpaid, the
provisions of this contract shall not he subject to any alteration
or revision which would in any 3nn...r affect either the
By
of the bonds or the prompt payment of principal or interest
thereon. The municipality and the county further covenant and
agree that they will each comply with their respective duties
and obligations under the terms of this contract promptly, at
the times and in the manner herein set forth, and will not suffer
to be done any act which would in any way impair the said bonds,
the security therefor, or the prompt payment of principal and
interest thereon. It is hereby declared that the terms of this
contract in so far as they pertain to the security of any such
bonds, shall be deemed to be for the benefit of the holders of
said bonds.
12. This contract shall become 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 contract. This
contract may be executed in several counterparts.
The provisions of this contract 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
contract 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
-Secretary
TOWNST„UP OF WEST BLOOMFIELD
By
Supervisor
By
Township Clerk-
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— CLINTON-- OAKLAND
INTERCEPTOR SEWER
_
DISTRICT
LIMIT
:7- PROPOSED WEST BLOOMFIELD
TOWNSHIP E X TENET:1,V: ,
„
SCALE 400C;
VCTE
r
EXHIBIT "A"
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
WEST BLOOMFIELD TOWNSHIP EXTENSIONS -
Ftb. INTO
e s Unit Price Item Cost ription Quantity
ESTIMATE OF PROTECT COST
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
WEST BLOOMFIELD EXTENSIONS
April 1971
36-inch Sewer 437 L. F. @ 48.00 = $ 20,976. 00
24-inch Sewer 11,949 L. F. @ 4 1. 00 = 489,917. 00
21-inch Sewer 2,801 L. F. @ 46.00 = 128,84 S. 00
13-inch Sewer 6,935 L. F. @ 37.00 = 256,595.00
15 -inch Sewer 51,569 L. F. @ 36.40 = 1,877,111.60
12 -inch Sewer 4,212 L. F. @ 32.00 = 134,714. 09
6 -inch Houselead 22,116 L. F. @ 14.00 = 309, 524 1...)Ci
Standard Manhole 320 Ea. @ 885.00 = 283,201.09
Special Manhole No. 1 3 Ea. @ 960.00 = 2,880.00
Drop Standard Man.hole 7 Ea. @ 2,000.00 = 14,000. 00
15-inch Railroad Crossing 80 L. F. @ 200.00 - 16, (JDO
15 -inch Pile Supported Sewer 260 L. F. @ 150.00 = 39,000, C
Standard Manhole-Pile Supported 2 Ea. @ 3,000.00 = 5,000.00
16 -inch Force Main 3,482 L. F. @ 28.00 = 97,496,00
14 -inch Force Main 215 L. F. @ 22.00 = 4 , 7 3 0, D 0
12 -inch Force Main 4,086 L. F. @ 18.00 = 73,548.00
6 -inch Force Main 2,108 L. F. @ 10.80 = 22,765.40
Clean -Out Manholes 6 Ea. @ 500.00 = 3, 000:, 00
Lift Stations L. S. = 824 , F)1',0 00
Construction Sub-Total $4,604,456.00
Construction . , , . . .$4,604,466.00
Engineering . 66666 6 6.6 6 341,190.93
Inspection 0 0 0 0 0 0 0 0 0 0 0 138,133.98
Administration . . 6,66 6 115,111. 65
Soil Borings — — — „ 8,000.00
Easement Acquisition — — — 110,000.00
17,400.00
Financial . m 6 66 6 611,60 66.6 7,560.00
Contingency — , . — — 424,137.44
Capitalized Interest on $ 6„ 200,000.00 Bond
Issue, 12 Months @ 7.0% 434,000,00
Total Project Cost $6,200,000.00
I hereby estimate the period of usefulness to be fifty (50) years and upwards.
NEREE D. ALIX,
By
Neree D. P.
EXHIBIT "E."
M ay 1971
CLINTON-OAKLAND SEWAGE DISPO SAL SYSTEM
WEST BLOON,:710ELD EXTENSIONS
Schedule of Annual Principal Maturities
Princ ipal Maturities
Year May
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1937
1938
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
Total
-0-
-0-
$ 100,000
Inn nnn
125,790
125,000
150,070
150,000
175,070
175,000
200,000
9ne-,
225 .700
225,000
250,000
250,000
275,00.0
275,000
'znn
395 ,
r•
350,COn
375, C ;0
400.."‘..3 ,010)
400, CnO
$6,200, ,.000
EXH 'BIT. C
2y Chairman
PUBLIC WORKS COMMITTEE
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 Contract as they may deem advisable.
Lennon Mr . moved the adoption of the fore-
going resolution. The motion was. supported by Mr. Daly
On roll call the resolution was adopted by the following vote:
AYES: Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison,
Horton, Houghten, Lennon, Mainland, Mathews, Olson,
Perinoff, Pernick, Richards, Richardson, Simson, Szabo,
Wilcox, Aaron, Barakat, Brennan, Burley, (24)
NAYS: None. (0)
STATE OF MICHIGAN )
) ss:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting C0nty
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
regular . meeting of the Oakland County Board of Commissioners,
held on the 19th day of August , 1971, the original
of which is on file in my office,
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 19th day of August , A.D. 1971.
Lynn D. Allen, —County Clerk