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HomeMy WebLinkAboutResolutions - 1971.12.30 - 16039At a Regular meeting of the Board of Commis- sioners of Oakland County, Michigan, held in the Board of Commissioners Auditorium Building, Oakland County Service Center, 1200 North Telegraph Road, Pontiac, Michigan, on the 30th day of December , 1971, at 10:00 o'clock A.M., Eastern Standard Time. PRESENT: Aaron, Barakat, Burley, Coy, Daly, Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo. (23) ABSENT: Dearborn, Hamlin, Wilcox. (3) Miscellaneous Resolution No. 5890 Recommended by Board of Public Works Re: WATERFORD WATER SUPPLY SYSTEM - EXTENSION NO. 3 Mr. Lenrmn presented the plans, specifications, estimates and Contract mentioned in the following resolution, a copy of which Contract has been sent to each member of the Board of Commissioners. The following resolution was offered by Mr. Lennon WHEREAS, the Oakland County Board of Public Works has approved and adopted, and has submitted to this Board of Commis- sioners for its approval, plans and specifications for the acquisition of Extension No. 3 to the Waterford Water Supply System, together with estimates of the cost and period of usefulness thereof (which estimates are attached as Exhibit B to the hereinafter mentioned Contract), all prepared by Johnson & Anderson, Inc., consulting engineers; b and WHEREAS, the Board of Public Works has also approved and submitted to this Board of Commissioners for its approval, a pro- posed Contract between the County of Oakland and the Charter Township of Waterford relative to the acquisition and financing of said Extension No. 3; and WHEREAS, the Township Board of said Township has approved the said Contract and has authorized and directed that it be executed for and on behalf of the Township by the Township Super- visor and the Township Clerk; THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: l. That said plans and specifications and said estimates be and the same are hereby approved, that the County Clerk shall endorse thereon the fact of such approval, and that the same shall be returned to the Board of Public Works. 2. That said Contract between the County of Oakland and the Charter Township of Waterford be and the same hereby is approved, and that the Chairman and the Secretary of the said Board of Public Works be and they are hereby authorized and directed to execute and deliver said Contract for and on behalf of the County of Oakland, in as many original copies as they may deem advisable, the said Contract being as follows: CONTRACT WATERFORD WATER SUPPLY SYSTEM EXTENSION NO. 3 THIS CONTRACT, made and entered into as of the first day of December, 1971, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter sometimes referred to as the "County"), party of the first part, and the CHARTER TOWNSHIP OF WATERFORD, a Michigan township corporation located in said county (hereinafter sometimes referred to as the "Township"), party of the second part, WITNESSETH: WHEREAS, the Board of Supervisors of the County, having theretofore established a Department of Public Works (hereinafter sometimes referred to as the "DPW") for said County pursuant to Act No. 185, Michigan Public Acts of 1957, as amended, did on February 6, 1962, by adoption of Miscellaneous Resolution No. 3909, approve the establishment of the "Waterford Water Supply System" (hereinafter sometimes referred to as the "system") in and for the Township; and WHEREAS, pursuant to the "Waterford Water Supply System Contract", dated as of November 1, 1963, as modified by a Supple- mental Contract dated as of January 10, 1964 and amended as of March 10, 1964 (the said contract as so modified being hereinafter sometimes referred to as the "Base Agreement"), between said County and said Township, the County acting through the DPW has acquired the said system and has financed the acquisition thereof by the issuance of bonds in anticipation of the receipt of payments to be made by the Township to the County in accordance with the Base Agreement and said Act No. 185, as amended; and WHEREAS, it is now necessary to'extend and enlarge the system in order to provide additional water supply facilities, and the County is authorized under said Act No. 185, as amended, to make such extensions and enlargements and to finance the same by the issuance of bonds by the County to pay the cost of the project described in this Contract; and WHEREAS, the DPW, acting through its Board of Public Works (hereinafter sometimes referred to as the "Board") has obtained from Johnson & Anderson, Inc., Consulting Engineers, plans and specifications for an extension of said system (herein called "Extension No. 3") and estimates of the cost and of the period of usefulness thereof; and WHEREAS, in order to effectuate the acquisition and financing of Extension No. 3, it is necessary for the County and the Township to enter into 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 Township hereby reaffirm their approval of the establishment of the Waterford Water Supply System by the County in said Township, under the provisions of Act No. 185, Michigan Public Acts of 1957, as amended', and hereby agree that Extension NO. 3 thereof shall be acquired and financed as herein- after provided, and the Township reaffirms its consent and agreement to the establishment of said system (including said Extension No. 3) within its corporate boundaries and its consent to the use by the County of the public streets, highways, alleys, lands and rights- of-way of the Township for the purposes of the system and any improvements, enlargements and extensions thereof. 2. The Extension No. 3 (hereinafter sometimes referred to as the "project") to be acquired by the County shall consist generally of a water main and appurtenances to be located approxi- mately as shown on Exhibit A hereto, and shall be constructed substantially in accordance with the plans and specifications therefor as prepared and filed with the Township Board and the Board of Public Works of the County by the Consulting Engineers. The estimates of the cost and the period of usefulness of said project, as prepared and filed by the Consulting Engineers, are set forth in Exhibit B hereto. The said estimates, and likewise the said plans and specifications and the descriptions and locations of the said extensions and enlargements as set forth in Exhibits A and B, are hereby approved and adopted. The said Exhibits A and B, so designated, are hereunto attached and are hereby made parts hereof to the same extent and effect as if herein set forth. 3. The Board shall upon execution of this Contract, proceed to (a) secure any further plans and specifications for the project necessary to be secured from the Consulting Engineers; (b) submit to the Board of Commissioners of the County any resolutions which may be necessary, duly approved and recommended by the Board, further approving the plans and specifications and the estimates of cost and period of usefulness and authorizing the issuance of County bonds in the amount needed to pay for the cost of the project as shown on Exhibit B, or of such additional amount as may be needed to complete said project; (c) take all necessary steps to secure the adoption Of said resolutions by the Oakland County Board of Com- missioners; (d) obtain the approval of the Municipal Finance Commission for issuance of the County bonds; (e) obtain construc- tion bids for the project and enter into construction contracts with the lowest responsible bidders; (f) construct the said pro- ject within a reasonable time after execution of construction contracts and delivery of the said County bonds; and (g) do all other, things required of said Board under the provisions of said Act No. 185, as amended. 4. The Township shall pay to the County the cost of the project, which shall be deemed to be the estimated cost as set forth in Exhibit B, but subject to revision or adjustment as herein provided, but in no event to be- lessthan the amount of County bonds issued to finance the project. The Township shall pay such cost to the County in annual installments in the amount and at the time set forth on Exhibit "C" attached hereto and by this reference made a part hereof. Said annual installments shall he due in consecutive numerical order on the date shown on Exhibit C, and all amounts thereof from time to time unpaid, shall bear interest from the date of the bonds to be issued by the county until paid, at the rate per annum payable on the County bonds which interest shall be paid semi-annually and in addition the annual fees and expenses of the County connected with the payment of said bonds, shall be paid by the Township along with the several amounts of interest paid by it in each year If the Township 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. The Township may pay in advance of maturity all or any part of an annual installment by surrendering to the county, bonds issued in anticipation of pay- ments to be made under this contract, 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. 5. In the event that the actual cost of the project shall be less than the estimated cost, then the surplus in the Construction Fund Account for Extension No. 3 shall be used as provided in the Base Agreement. If the actual cost of the project shall exceed the estimated cost, then a further issuance shall be made of County bonds, of an amount necessary to complete and pay all costs with respect to Extension No. 3, or the County and the Township may agree to some other means of financing such excess cost. 6. The extensions and enlargements to be acquired pur- suant to this Contract being integral parts of the system as heretofore leased to the Township, the County does hereby let and lease to the Township, and the Township does hereby hire from the County, for a term commencing upon the completion of the project and ending upon the expiration of this Contract, the said Extension No. 3 as part of said system under the Base Agreement. The operation, maintenance, use and management of the system shall be controlled by the provisions of the Base Agreement as though Extension No. 3 was a part of the facilities and project therein described. All other aspects of the use of Extension No. 3 and of the relationships of the County and the Township with respect there- to shall be controlled by and be pursuant to the Base Agreement. 7. This Contract shall become effective upon approval by the Township Board of the Township, by the Board of Public Works of Oakland County, and by the Board of Commissioners of Oakland County, and when duly executed by the authorized officers of the Township and of the Board of Public Works. This Contract shall terminate as does the Base Agreement, thirty-five (35) years from the date (November 1, 1963) of the Base Agreement or on such earlier date as shall be mutually agreed: PROVIDED, HOWEVER, that neither this Contract nor the Base Agreement shall be terminated' by mutual agreement any time when the Township is in default here- under or at any time prior to the payment in full of the principal of and interest on the County bonds together with all paying agent fees and other charges pertaining to said bonds. This Contract may be executed in several counterparts. The provisions of this Con- tract 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 Chairman By Secretary CHARTER TOWNSHIP OF WATERFORD OAKLAND COUNTY, MICHIGAN By By Supervisor Townsh p Clerk rfltni! p .:(1 by B An d s EXHIBIT "A" - WATERFORD WATER SUPPLY SYSTEM WATER MAIN EXTENSION NO .3 DEC. 197I Contract 1 Contract 2 Contract 3 - $ 772,735.00 - 582,485.00 - 393,940,00 Contract 22 Contract 23 Contract 24 Contract 26 - 141,859.00 - 57,235.00 - 415,254.00 - 71,018.00 ember 3, 1971 ESTIMATE OF COST WATERFORD WATERMAIN EXTENSION 7:TO. 3 WATERFORD TOWNSHIP WATERMAINS IN PHASE II SEWER CONTRACTS Contract 11 - 107,087.50 Contract 12 • - 32,787.50 Contract 13 - 39,860.00 Contract 14 - 191,325.00 Contract 15 - 91,995.00 Contract 18 - 20,580.00 Contract 20 - 52,560.00 SUB-TOTAL $2,235,355.00 WATERFORD TOWNSHIP WATERMAINS IN PHASE III SEWER CONTRACTS TOTAL CONSTRUCTION COST $2,920,721.00 ENGINEERING 194,100.00 BOND COUNSEL 13,500,00 FINANCIAL 6,800.00 ADMINISTRATION 73,100.00 INSPECTION 93,500.00 EASEMENT AND LAND ACQUISITION 40,000.00 SOIL TEST BORINGS 1,000,00 CONTINGENCY 269,279.00 SUB-TOTAL $3,612,000.00 CAPITALIZED INTEREST @7% FOR 24 MONTHS 588,000.00 TOTAL ESTIMATED COST (BOND ISSUE) $4,200,000.00 I hereby estimate the period of usefulness of the above project to be Forty (40) years and upward. JOHNSON & ANDERSON, INC. BY -1.Kzi/ c: Fe1ix4\.. Anderson, P.E. 45534 EXHIBIT "B" Year 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1964 1985 -1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 .1996 4997 1998 1999 2000 2001 2002 -.2003 2004 2005 December 6, 1971 WATERFORD WATER SUPPLY SYSTEM EXTENSION NO. 3 Schedule of Principal Payments Principal Due May 1 0 0 0 0 50,000 50,000 50,000 75,000 100,000 100,000 100,000 100,000 100,000 100,000 125,000 125,000 125,000 125,000 150,000 150,000 150,000 150,000 175,000 175,000 175,000 175,000 175,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 $4,200,000 EXHIBIT "C" Moved by Lennon seconded by Daly the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted.