HomeMy WebLinkAboutResolutions - 1971.05.20 - 1620220th day of
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 ........2212Lachz the
1971
at 9:30
Standard Time.
May o'Clock A. M. , Eastern
PRESENT: Aaron, Barakat,•Bawden, Brennan, Burley, Coy, Daly, Edwards, Gable,
Hamlin, Harri s on, Horton, Houghteh, Kasper, Lennon, Mainland, Mathews,
Olson, Patnales, Perinoff, Pernick,: Powell, •Riaards, Richardson, Simson,
Szabo, Wilcox: (27)
ABSENT: ',TONE (0)
• Miscellaneous Resolution No 5709
Recommended by the Board of Public Works
Re: BINGHAM FARMS EXTENSION NO. 1
. Lennon presented the following resolution,
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 RESPECT TO EVERGREEN S .1:,WAGE
DISPOSAL SYSTEM - BINOA• YARMS
EXTENSION NO 1
WHEREAS, the Board of Puh1L, has submitted t
Board construction plans and specifications for the Ever
Sewage Disposal System - Bingham Farms Extension No I. and eTates
of cost and period of usefulness thereof, prepared by Giffels-
Webster Engineers, Inc., registered professional engineers, all of
which have been approved by the Board of Public Works; and
WHEREAS, the Oakland County Board of Public Work
approved a form of agreement to be dated April 1, 1971, between the
County of Oakland, the Village of Bingham Farms and of
Franklin for the extension of the Evergreen Sewage Dispal Sytwn
to be known as the Bingham Farms Extension No 1 and did
the Chairman and Secretary of the Board of Public Works to
said Agreement subject to the approval of this Board of Commis-
sioners; 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 Agreement is being executed by the
said municipalities,
NOW, THEREFORE BE IT RESOLVED, that the said constetion
plans and specifications and estimates of cost and period of ue-
directed to execute and deliver on behalf of said CGI - of Oakla nd.
fulness be approved and the County Clerk. is hereby authorzci to
endorse on said plans and specifications and estimates 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 authcri
an Agreement to be dated April 1, 1971 between the Conty of
Oakland, the Village of Bingham Farms and the Village of Fran
which reads as follows
THIS AGREEMENT, made this 1st day of April, 1971,
(hereinafter called the "county"), by and through Board of
AGREEMENT
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGhAM FARMS EXTENSION
by and between . the COUNTY • OF OAKLAND, a Michigan -co unty corporation
Public Works (hereinafter referred to as the "board"), party
the first part and the VILLii,GE OF 3INGUZ:21 EARNS and the VILLEA. OF
FRANYLIN, municipal corporations in the County of Oakland (
after collectively called the "villages" and individually called
"village"), parties of the second part:
WITNESSETH:
WHEREAS, the Oakland County :Board of Ic
Resolution, Misc, No 3269, adopted on August 12, 1957, is
by Resolution, Misc. No 3435, adopted on October 13, 1959, did
approve of establishment of the evergreen Sewage. Dis -øosal 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
Village of Franklin and all of the Village of DiaT.
the area to be served by the Evergreen Sewage Disposal System; and
WHEREAS, pursuant to the Ev .6.rgEon Sewage SI
Agreement, dated November 171 1958,4 as amended by axnenr.
merits dated December 22, 1958 and February 9, 1959, all be -1_,
the County of Oakland and the Cities Of Birmingham, Blo omfi e ld
4-1, .....,
said County, acting through its t7.!,e -:,-7; of Pub C id
Jmer.j.i,:d (herein
Arm, dated as
di on of and
i
Hills, Thr .ap V11 7.., Troy and Sou the Vic,)f
Westwood (now Beverly Hills) and the Townships of B1
Pontiac, municipal corporations in said County of Gail
acquire the original Evergreen. Syste did finance ,..iuch
acouisition by the issuance of bonds ip anticipation of
be made by said municipal corporations to
dance with the provisions of said agreement,
referred to as the "Base Agreement'); and
WHEREAS, the Villages have entered into agreent .s with
the county, with the approval of the aforesaid mu nici
tions who are parties to the Base Agreement, entitle d
Relative to the Addition of Areas to the Evergreen Se
District and the Assumption of a Portion of the Cos
the Evergreen Sewage Disposal System and Anci
Disposal
A.(7...touiring
Vhart.o, 77
dated as of October 1, 1962 in the case of the V.1L
Farms, and dated as of April 1, 1970, in the cam of 711age
of Franklin, (herein called the Agreemente) by which each
of the said villages agrees to pay its proportionate. (.)11 the
cost of acquisition of the Evergreen Sw .a-r4. TDispciFil System and eu
parts of the Southfield-Rouge Arm and 'North. Exten!on thereto then
in being or under construction and of:thc.
thereof in accordance with the terms And provisions of said.
Agrement; and
WN77.TAS, the county and the City of SouthVeld and the
Village of Bingham Farms have entered .'into an Agreement,
Sewage Disposal. System, Southfield -
19-61 as amended, concerning the con .F
the Southflel-Rouae Arm andt
called the "Southfie1d-7:D
as amended, grants to the boa public works in
agreement between the county and the municipalitie ,-ties hereto,
WHEREAS, Act No, 185 of .1Cl2(JCfl Public.: At ,i Of J.
having a Department of Public Works the power to extfJ: system
acquired pursuant thereto; and
WHEREAS, it is now ecessarz to extend further said
sewage disposal system by construction of the so-calle ,f.
Sewage Disposal System - Bingham Farms Extension No, I (117,reinatter
Sometimes referred to as the 'ExtensiOn No. 1") in said Village of
Bingham Farms to the said Village of Franklin under the provisions
of Act No. 135 of the Michigan Public Acts of 1957, as amended, for
the purpose of collecting and disposing of sewage originating within
that part of the said district located in said villages, and to
issue bonds to finance such Extension No 1 in anticipation (..)f the
collection by the county of amounts to become due under tk
whereby the said villages agree each to pay . a .certain sum towards
the cost of such Extension No, 1, and whereby the sum due from the
Village of Franklin on April 1, 1971, pursuant to the A
Agreements for its share of the cost of the System, Are. and N0rth
Extension, is capitalized and charged to said village as 1 -.-„art of its
share of cost of Extension No. 1; and
WHEREAS., no other municipality in the Ever Sewage
Disposal District, as enlarged, is to participate at thi:.3 time in
the construction of said Extension No 1; and
WHEREAS, in order to issue such bonds, it is us
that the county and the municipalities, parties hereto, -.: into
this agreement; and
rev
WHEREAS, the Oakland County Deprtent of Public Works
(hereinafter sometimes referred to as the "DPW") has obtained
plans, specifications and an estimate Of cost for the construction
of said Extension No 1, prepared by Giffels-Webster Engineers,
Inc., registered professional engineers, and a map showing the
approximate route of said Extension No. 1, which estimate of cost
is attached hereto as Exhibit B and by this reference :zi .je a Dart
hereof, and which map is attached hereto as Exhibit A act by this
reference made a part hereof.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN . THE PAR7IES
HERETO, as follows:
1. The plans and specifications for the Exinsion No.
as prepared by Giffels-Webster Engineers, Inc., registered pro-
fessional engineers, are hereby approved and adopted, and the
estimate of cost, thereof is approved and adopted in the amount as
set forth on Exhibit E hereto attached., The said Extension. No,
shall consist of sanitary sewers located approximately as set forth
and generally shown on Exhibit A hereto attached. The said miens
and specifications and estimate ef cost shall be submitted to the
county board of commissioners, together with an ordinant,e or rlu-
tion approved by the Oakland County Board of Public No r
in
an aggregate principal sum not exceeding the amount of the —z-)tal
cost as hereinafter defined. If such bond ordinance or r,outI(
shall be adopted by said hoard 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 coll,1
contracts and to issue the bonds, and shall cause the proj.nct t: be
constructed within a reasonable time
for the issuance of bonds by the county as hereinafter provj
2. The said Extension No. 1 ,- (herein
to as the "project") is designed fo r , and sall ho u:.:ied for, L.T,
collection and transportation of eitary Said pm
of
construction and the letting of construction contract s .
3. Said Extension No. I being an extenion of the
Evergreen Sewage Disposal System an a part of the ultimate
county system to serve the Evergreen Sewage Disposal District, as
enlarged, the provisions of paragraphs 3 thru 5 and 11 thru 13 of
the Base Agreement shall continue in full force and ettect not-
withstanding this Agreement. The said Extension No i is designed
so that by proper extensions said Extension No I will serve the
areas in the Village of Bingham Farms and Village of Franklin,
now included in said Evergreen Sewage Disposal District, as enlarged.
Properties within said villages to be Served by said 1;xtn.
I shall be connected to the Extension No 1 only upon s o ot term.'3
and conditions as are prescribed by the villages, as may be
appropriate, in addition to the terms and conditions prescribed
in the Base Agreement. No areas not in said villages shall be
served by or connected to said Extension N. I except by agreement
of the parties hereto in writing. The county or the villages
shall not permit the discharge int.o said. Extension NO, 1 of any
sewage in violation of the Base Agreement.
4. Each of said village. -3 hall pay to the county, to
cover the capital cost of the Extension No I, a sum equal to
ject may be divided into sections by the DPW fo..
that produced by applying the following percer,a45
cost thereof, to-wit7
Village of Franklin
Village of Bingham Farms
Total
65.1470 %
34.8530 %
100.0000%
The term "capital cost" as above used, shall include all
items of cost set forth in 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 Agreements
to pay in cash on April 1, 1971, the sum of $115,444.82, including
interest 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 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 April in each year, beginning with the
year 1972, 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, 1972, and on the first day of April in each year the -L-e-
after. In addition, thee 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 installmen
date. Each village may pay in advance of matu 1 or any part y a
centageapp tie.-nt as set forth in ,aragraph 4 herc,f . The
interest when the same becomes due, then the amount thereof sall be
subject to a penalty, in addition to interest, of 1/2 of 1% fcn' each
month or fraction thereof that the same remains unpaid after the due
of an annual installment by surrendering to the county bonds issued
in antioilDation 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.
6. The percentages mentioned in paragraph 4 above shall
be computed upon the estimated cost until the actual cost has been
determined, If the actual cost shall be less than the estimated
cost, then any surplus from the sale of bonds therefor sha
used to purchase such bonds on the open market, and in such event
the aggregate installment from the villages in the year or in each
of the years in which the bonds so purchased mature, shall be
reduced by the principal amount of such bonds and each village
shall be credited in accordance with its percentage as set in
paragraph 4 hereof. Any bonds so purchased shall be canceled- As
an alternative, by agreement of the parties hereto, such surplus may
be used for further extensions in the villages in the same pex-
„
estimated cost above referred to shall be that set forz in
B hereto or as revised prior to the issuance of bonds If the
cost shall be greater than the estimated cost:, then thE. additional
amount shall be allocated between the Villages in accordance with
the percentages set forth in paragraph 4 hereof, and thevr:2ral
then remaining installments for each village shall be su e.
accordingly.
7. Each of the villages does hereby pledge its full faith
and credit for the prompt payment ot the aforesaid obligations and
shall each year levy a tax in an amount which taking into considera-
tion estimated delinquencies in tax collections, will be sufficient
for the prompt payment of any amount failing 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 Ae-.:s 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 provided in paraeree:e (2),
Section 12 of said Act 185, Public Acts of 1957, as now ,L*ting
or hereafter amended.
8. The county shall issue its negotiable bonds to
defray the capital cost of said Extension No. 1, which bonds shall
be secured by the full faith and credit pledges of the two villages
under this agreement. Said bonds shall he issued y.e4:eeent to the
provisions of said act and the applicable general statutes of the
state where not in conflict with said act.
9. The provisions of this agreement shall not he
modified or terminated so as to impair the security of a,Y.ly bonds
issued by the county upon the full faith and credit ,D.f. the
villages. It is hereby declared that the terms of thi
insofar as they pertain, to the security of any such 1:7,
hoid:cs ofsaid bonds, be deemed to be for the benefit- cf
10. The Village of Bingham Farms consents to the use by
the county of the public streets, alleys, lands and rights-of-way
in the village for the purpose of constructing, operating and
maintaining the Extension No and of any improvements, enlarge-
ments and extensions thereto. The villes reaffirm their covenant
and warrant that all sanitary sewage originating in their respective
units shall he delivered only to the Evergreen Sewage Disposal
System, including extensions thereto, for transportation therein
and ultimate disposal. Lands (other than highways) owned by or
under the jurisdiction of the villages or the county, located within
the Evergreen Sewage Disposal District, shall be liable, if sanitary
sewage emanates therefrom, to the same extent as privately owned
lands, to pay the charges for sewage disposal services with respect
thereto.
11. This 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
County and properly executed by the officers of the municipalities
and of the board of public works. Thds agreement shall termie
when the Base Agreement terminates. This is the agreement mentioned
in the Addition Agreement by reference to "any Extension No. 1
Agreement hereafter executed" and any such reference shall mean this
agreement.
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 wsAtten,
COUNTY OF OAKL:D
BY ITS BOARD OF PUB1C WORKS
By
Kai
By
VILLAGE OF FRANKLIN
By
President
,t..iecretary
VILLAGE OF BINGHAM.
By
esiden
By By
Village Clerk Village
91
BINC3HAM GE DISPOSAL_ SYSTEM
EX1711BIT
Iv'm
= $ 223,875.00
$ 223,875.00
20,663.66
6,716.25
5,596.88
800.00
5,000.00
3,110.34
2,518.62
22,011009
118,908.16
O 0
a 0
• 0
O a
O PI
O IP
ft 0
• 0
O 0
30 800.00
$ 440,000.00
Franklin D. Webster, P. E.
7 /i
ESTIMATE OF PROJECT COST
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION NO. 1
(Sanitary Sewer)
March 1971
ition
18-inch Sewer
15-inch Sewer
12-inch Sewer
10-inch Sewer
8-inch Sewer
6-inch House Lead
12-inch Tunnel Sewer
Manholes
1367
1256
1605
1101
1937
45
85
29
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
L. F.
L. F.
L. F.
L. F.
L. F.
L. F.
L. P.
Ea.
Construction Sub-Total
Construction —
Engineering. —
Inspect ion — —
Administration. .
Soil Borings. .
Easement Acquisition . . 1.
Legal
Financial
Contingency ,
Purchase of Capacity - Village of Franklin
Apportioned cost of Capitalized Interest
on $725,000.00 Bond issue 12 Months @7.0%
Total Project Cost
I hereby estimate the period of usefulness
to be Fifty (50) years and upwards.
GLFFELS-WEBSTER ENGINEERS, INC.
EXHIBIT "B"
6,
6,
8 ,
8 ,
April 1971
EVERGREEN SEWAGE DISPOSAL SYSTEM
BINGHAM FARMS EXTENSION NO. 1
(Sanitary Sewer)
Schedule of Annual Principal Maturities
and Schedule of Annual Principal Payments
Year
Principal Maturities
T\Aav 1
Principal Payments
Village of Bingham Farms
34.8530%
Principal Payments
Village of Franklin
65.1470%
1971 -0-
1972 $ 5,000
1973 5,000
1974 5,000
1975 10,000
1976 10,000
1977 10,000
1978 10,000
1979 10,000
1980 10,000
1981 15,000
1982 15,000
1983 15,000
1984 15,000
1985 15,000
1986 20,000
1987 20,000
1988 20,000
1989 25,000
1990 25,000
1991 25,000
1992 25,000
1993 30,000
1994 30,000
1995 35,000
1996 . 000
Total $440,000
-0-
$ 1,742.65
1,742.65
1,742.65
3,485.30
3,485.30
-3,485.30
3,485.30
3,485.30
3,465.30
5,227.95
5,227.95
5,227.95
5,227.95
5,227.95
6,970.60
970.60
970.60
713.25
713.25
8,713.25
8,713.25
10,455.40
10055.90
12,..198.55
12198.55
$153,,,353.20
-0-
$ 3,257.35
3,257.35
3,257.35
6,514.70
6,514.70
6,514.70
6,514.70
6,514.70
6,514.70
9,772.05
9,772.05
9,772.05
9,772.05
9,772.05
13,029.40
13,029.40
13,029.40
16,286.75
16,286.75
16,286.75
16,286.75
19,544.10
19,544.10
22,801.45
22,801.45
$286,646.80
EXHIBIT C
BE IT FURTHER RESOLVED, that the officers of the Board
of Public Works are authorized to eecute and deliver such number
of original copies of said Agreement as they may deem advisable.
PUBLIC WORKS COM,MITTEE
,
Chairman
Mr. Lennon moved the adoption of the foregoing
resolution, which motion was supported
04 roll call, the resolution
ing vote:
by MT. Aaron
was adopted by the follow-
YEAS: Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, :17Isaughten, Kasper,
Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell,
Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden,
Brennan, Burley, (27)
NAYS: NONE. (0)
ABSENT: NONE (0)
of proceedings taken at a
Board of Commissioners
Oakland
regular
the
held on the 20th day of may of
meeting of the
ounty
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting
SS:
County Clerk of the County of Oakland
do hereby certify that the foregoing is a true and complete copy
, 1971, the original of which is on file in my office.
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 20th day of May . 0 A.D. 1971.
Lynn D. Allen, County Clerk