HomeMy WebLinkAboutResolutions - 1971.09.16 - 16300Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn,
presented the following resolution, a Mr. Lennon
At a regular meeting of the Board of Commissioners of
Oakland County, Michigan, held in the Court House Auditorium in the
County Service Center, in the City of Pontiac, Michigan on Thursday
the 16th day of September , 1971, at 930 o'clock A.M.,
Eastern Standard Time.
PRESENT:
ABSENT:
Gabler, Hamlin,
Hafiason,.. Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson,
Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson,
Szabo, Winox.
NONE. (0)
Miscellaneous Resolution No. 5811
RecOmmended by the Board of Public Works and Public Works Committee
Re: Clinton-Oakland Sewage Disposal System - Pontiac Township Extensions
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
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
- PONTIAC TOWNSHIP EXTENSIONS
WHEREAS, the Oakland County Board of Public Works has
approved a form of agreement to be dated May 1, 1971, between the
County of Oakland and the Townships of Pontiac and Avon Which
agreement provides for the purchase by the Township of Avon of
capacity in the Pontiac Township Extensions Of the Clinton-Oakland
Sewage Disposal System and for the payment by the Township of Avon
for said capacity and has authorized the Chairman and Secretary of
the Board of Public Works to execute said agreement subject to the
approval of this Board of Commissioners.
NOW, THEREFORE, BE IT 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, the SUPPLEMENTAL AGREEMENT FOR PURCHASE OF
CAPACITY BY TOWNSHIP OF AVON, dated May 1, 1971, between the County
Of Oakland and the Townships of Pontiac and Avon which reads as
follows:
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
PONTIAC TOWNSHIP EXTENSIONS
SUPPLEMENTAL AGREEMENT FOR PURCHASE OF CAPACITY
BY TOWNSHIP OF AVON
THIS AGREEMENT, made and entered into this day
of ///A , 1971, by and between the COUNTY OF OAKLAND,
a Michigan county corporation (hereinafter referred to as the
"county"), party of the first part, by its Board of Public Works;
the TOWNSHIP OF AVON, a Michigan township corporation (herein-
after referred to as "Avon"), party of the second part, and the
TOWNSHIP OF PONTIAC, a Michigan township corporation (hereinafter
referred to as "Pontiac"), party of the third part.
WITNESSETH:
WHEREAS, the county and the two townships are parties
to the Amended Clinton-Oakland Sewage Disposal System Contract,
dated January 11, 1967, (herein called the "Base Contract") in
which contract the county has contracted to acquire a county
sewage disposal system (the Clinton-Oakland Sewage Disposal
System) pursuant to Act No 185 of the Michigan Public Acts of
1957, as amended, to serve the townships and other municipalities
which are parties to said Base Contract; and
WHEREAS, the county and Pontiac are parties to a Con-
tract Clinton-Oakland Sewage Disposal System - Pontiac Township
Extensions, dated May 1, 1970, (herein called the "Extensions
Contract") in which contract the county has contracted to acquire
the Pontiac Township Extensions (herein called the "extensions")
to the Clinton-Oakland Sewage Disposal System (herein called the
"System") to serve areas in Pontiac by
ing sanitary sewage to the System; and
collecting and transport-
WHEREAS, Avon is not a party to said Extensions Contract
but part of the facilities to be acquired pursuant thereto will be
located adjacent to Avon and can be used to transport sanitary
sewage originating in certain areas of Avon to the facilities of
the System through some of the facilities or the extensions; and
WHEREAS, the Base Contract provides that the county and
the townships may contract relative to the service of areas in
each through the facilities of the System and the Extensions
Contract provides that the extensions upon completion shall be
turned over to Pontiac for operation and maintenance and Pontiac
is willing to sell to Avon part of the capacity of the extensions
for use in Avon:
NOW, THEREFORE, in consideration of the premises and
the covenants of each other, the parties hereto agree as follows:
1. Avon shall have the right to introduce, for trans-
portation to and treatment through the facilities of the Clinton-
Oakland Sewage Disposal System, c9 cubic feet per second (cfs)
of sanitary sewage through said extensions to be located as shown
on Exhibit A which is attached hereto and by this reference is
made a part hereof.
2. The physical connections to the extensions at the
points where sanitary sewage from Avon will be introduced into
the extensions shall be inspected by and be subject to the ap-
proval of the Oakland County Department of Public Works. Prior
to the actual connection to the extensions the plans therefor
shall be approved by the Michigan State Department of Health.
3. On or before November 10, 1971 Avon agrees to pay to Pontiac
the sum of $42,000. 00 for the right to intorduce and transport 2. 80 co f. s. of sewage
as herein provided.
4. Avon hereby agrees to pay $ 165. 00 on April 1 in
each year to Pontiac for operation and maintenance of the facilities commencing
on the April 1 following any connection to the facilities that provides sewage
disposal services to any areas in Avon.
5. This contract shall become effective upon its execution by the duly
authorized representatives of the parties hereto and shall inure to the benefit of and
be binding upon said parties, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be signed by their duly authorized representatives as of the date first above
written.
WITNESS: TOWNSHIP OF PONTIAC
By
Supervisor
By
Township Clerk
TOWNSHIP OF AVON
By
Supervisor
By
Township Clerk
COUNTY OF OAKLAND
By its Board of Public Works
By
Chairman
By
Secretary
BE IT FURTUER RESOLVED, that the officers of the Board of
Public Works are authorized to execute and deliver such number of
original copies of said agreement as they may deem advisable.
PUBLIC WORKS COMMITTEE
Mr. Lennon moved the adoption of the foregoing
resolution. The motion was supported by Mr. Daly, . On roll
call the resolution was adopted by the following vote:
ADOPTED: Yeas: Aaron, Barakat, Brennan,Burley, Coy, Daly, Dearborn, Gabler,
Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews,
Olson, Patnales, Perinott, Pernick, Powell, Richards, Richardson,
Simson, Szabo, Wilcox, (26)
Nays : NONE: (0)
STATE OF MICHIGAN )
)SS:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified County Clerk of the
County of Oakland, Michigan, do hereby certify that the foregoing is
a true and complete copy of a resolution adopted by the Board of
Commissioners at a }Ze_plar _meeting held on the 16th day of
Septmeber , 1971, the original of which is on file in my office
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 16th day of September , A.D. 1971,
Oakland County