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HomeMy WebLinkAboutResolutions - 1970.11.19 - 16581Miscellaneous Resolution 5546 BY Public Works Committee IN tern County Sewg-e fAsposal System To the Oakland County Board of Commissioners Mr, Chairman, Ladies and Gentlemen: WHEREAS, the Board of Supervisors of Oakland. County Miscellaneous Resolution No 1923 adopted on April 2, 1942, as subsequently amended, the last of which amendments was Miscellaneous Resolution No 3399 adopted on July 21., 1958, did authorize and direct that there be established, maintained and operated under the provisions of Act No 342 of the Public Acts of 1939, as amended, (hereinafter referred to as Act 342) and any other applicable acts, a system of sewer and sewage ',disposal improvements and services for the purpose of disposing of sewage from a district to be known as the 'Southeastern Oakland County Sewage Dispos al District" and consisting of the territory d'escrihed in said Miscellaneous Resolution No, 3399, which dis!trict is sometimes hereinafer referred to as the "dst,z .ict": and WHEREAS, said system is known as the "Souheastern. Oakland County Sewage Disposal SystP,m"; and WHEREAS, the County Drain Commissioner was designated as the agency of the county in connection with the establishment, maintenance and operation of the Southeastern Oakland County Sewage Disposal System and as the person who shall have supervision. and control of the management and operation of said system; and WHEREAS, by the terms of Act 342, Oakland County is authorized. through its county agency to acquire sewage disposal systems within the county and to improve, enlarcle, extend, operate November 19, 1970 , ,., and maintain the same, and Oakland County and one or more units of government therein are authorized to enter into a contract or contracts for the acquisition, improvement, enlargement or exten- sion of such sewage disposal systems and for the payment of the cost thereof by said unit or units of government, with interest, over a period not to exceed forty (40) yearsi and Oakland County is then authorized, pursuant to appropriate action of its BOard of Commissioners, to issue its bonds to provide the funds therefor, ' secured primarily by the full faith and credit contractual obliga- tions of said unit or units of government to pay the cost thereof, and secondarily by the full faith and credit of the said county if a majority of the members-elect of its Board of Commissioners so - vote; and WHEREAS, it is now necessary to extend, improve and enlarge the Southeastern Oakland County Sewage Disposal System_ by the acquisition and construction of additional facilities to abate pollution of the Red Run Drain and the Clinton. River and to acquire additional transportation capacity from the City Detroit and the so-called Detroit Metropolitan System for sanitary sewage originating within the district; and WHEREAS, this Board of Commissioners by Miscellaneous - Resolution No 5459 has approved and adopted the plans, specifi- cations and estimate of cost for the additional pollution control facilities; and WHE REAS, the governing bodies of the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, -2- Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills have approved the .Southeaqtern Oakland County . Sewage Disposal System . 1970 Contract dated as of April 1, 1970, and have authorized their respective municipal officials to execute said contract subsequent to the expiration of the thirty-day referendum period provided in Section 5b of said Act 342, Which contract is hereinafter set forth in full; and WHEREAS, it appears both necessary and desirable for the County of Oakland through the Drain Commissioner as county agency to extend, improve and enlarge the Southeastern Oakland County Sewage Disposal System in accordance with the provisions of said contract dated as of April 1, 1970, and for the Drain Commissioner to execute said contract as agency of the county pursuant to Act 342, and for the county to issue its county bonds to pay part of the cost of extending, improving and enlarging the said system, said bonds to be secured primarily by the full faith and credit pledges of the aforesaid municipalities, and secondarily by the full faith and credit pledge of the County of Oakland, all in accordance with the provisions Of said contract to be dated as of April 1, 1970; and WHEREAS, subsequent to the adoption of Miscellaneous Resolution No. 5459 construction bids for the project have been received and a revised cost estimate in the amount of $26,000,000 has been prepared and has been submitted to this Board of • Commissioners, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: - 3- 1. That the Board of Commissioners of Oakland County, Michigan, does hereby approve the extension, improvement and enlargement of the Southeastern Oakland County Sewage Disposal System by the acquisition, by construction, purchase or otherwise, of the project described in the Southeastern Oakland County Sewage Disposal System 1970 contract dated as of April 1, 1970, and hereinafter set forth in full. 2. That the Southeastern Oakland County Sewage Disposal System 1970 Contract dated as of April i, 1970, between the County of Oakland, party of the first part, and the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, parties of the second part, hereby approved and the Oakland County Drain Commissioner, as agency of the county pursuant to the provisions of Act 342, is hereby authorized and directed to execute said contract on behalf of the County of Oakland upon lawful execution of said contract by all of the foregoing munici- palities. Said contract reads as follows: SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM 1970 CONTRACT THIS CONTRACT made this 1st day of April, 1970, by and between the County of Oakland in the State of Michigan, acting by and through its County Drain Commissioner as agency of the county pursuant to the provisions of Act No. 342 of the Michigan Public. Acts of 1939, as amended,. (hereinafter sometimes referred to as the "county"), party of the first part, and the City of Berkley, City of _Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods -, City of Madison Heights, City . of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak,. City of Southfield, City of Troy and Village of Beverly Hills-, . municipal corporations in Oakland County, Xichigan (hereinafter sometimes referred to as the. "munici;oalities'), parties of the second part. WHEREAS, the Board of Supervisors of Oakland County by Miscellaneous Resolution No. 1923 adoToted on T,Tril 21, 1942, as subsequently amended, the last of which amendments was by . Miscell a neous Resolution No. 3399 adopted on July 21, 1958, did authorize and direct that there be established, maintained and operated under the provisions of •Act No. 342 of the Public Acts of 1939, as amended, and any other applicable acts, a system of scwer and sewage disposal improvements and services for the purpose of disposing of sewage from a district to he known as the 'Southcastern Oakland County Sewage Disposal District" and consisting of the territory described in said Miscollaneou ,. Resolution No. 3399, which district is sometimes hereinafter referred to as the "district"; and WHEREAS ., said system is )mownas the "Southeastern Oakland County. Sewage Disposal System" and is hereinafter sometimes referred to as the "system" ;• and WHERAS, said system was originally constructed .pursuant • to the provisions of Ordinance No. 1987,- adopted by the county board of supervisors on November 10,.1942, and was subsequently improved, enlarged and extended pursuant to an Agreement dated October 1, 1962, between the county and the municipalities and a Supplemental Agreement • dated December. a, 1962, between the county and the municipalities - (said Agreement and Supplemental Agreement herein called the "Base Agreement"), in accordance with the provisions of said Ordinance . • No. 1987, the Base Agreement and Act No. 342 of the Michigan Public Acts. of 19 3 9, as amended; and WHEREAS, the .County Drain Commissioner was designated as the agency of the county in connection with the establishment, maintenance and operation of the Southeastern Oakland County Sewage Disposal System and as the person who shall have suTDervision and control of the management and operation of said system; and WHEREAS, said Act No. 342 of the Michig-ah Public Acts of 1939, as amended, (herein sometimes referred to as "Act No 342") authorizes the county to improve, enlarge, extend and operate systems accuired pursuant thereto; and WHEREAS, it is now necessary to extend, improve and enlarge the system by the acquisition and constr u ction of additional facili- • ties to abate nollution of the Red Run Brain and the Clinton River and to acquire additional transportation capacity from the City of Detroit -an-c."1 the so-called. Detroit Metropolitan System for sanita::v sewage 'originating in the district; and - WHEREAS, Hubbell, Roth & Clark, Inc., registered pro .- fessional engineers, (hereinafter sometimes referred to as the "con- suiting engineers") have prepared maps, preliminary plans and speci- fications, and an estimate of the cost and period of usefulness of the propesed extensions, improvements and enlargements of the system; • and WHEREAS, the parties to this contract desire to finance irip.rovements, eniargeents and extensions und e r the provisions of said Act No 342 by entering into this contract whereby each of the said municipalities agrees to pay to I-he county its share of the net cost of said j:niprovaents, enlargements and extensions and the county agrees to issue bonds in anticipation of such paym e nts; THEYFORE,-it is agreed by and between the parties hereto as follows: 1.- The. county and the municipalities approve the exten- sion, improvement and enlargement of the system by the acq .uisition, by construction, purchase or otherwise ., of the following (herein- after sometimes refe r red to as the "project"), to (a) An- e .nolon.c(a retention chamber approximately 62 ft. wide by apprax:Lma,telv 17 ft. aver-at doth to be :Locatec in the Roc', Y',:un Drain right-of7way freT:1 the present outlet structure of the 1 2 Towns Drains, east of St e phenson highway, to Decuindre Road. (b) A high weir and skimming Outlet structure at Dequindre Road. (c) Chlorination facilities at the existing 12 Towns Overflow Structure east of Stephenson highway. (d) A dewatering and flushing pumping station at Dequindre Road. (e) Flowacle ricthts in the sewers of the City of Detroit for the conveyance of an additional 142 cubic feet p e r second of sewage originating in the Sou theaste r n Oakland Count-Y Sewage .Disposal District, to the East jeffe-son Avenue interceptor of the Detroit Sewage Dis- posal SysLom. This flow together with tho 118 cubic feet per sccond previously purc2hasd results in total flowage rights of 260 cubic - feet per second in the City of Detroit sewars. The general location of th facilarias no be a aired is shown on Exhibit 'A" which is attached hereto and iv this reference is made a part hereof. 4. The county and the municipalities hereby ano-oye. the estimate of $30,463,307.92 as the cost and the estimate of 50 years - and upwards as the period of usefulness of the orojeet. Said estimates of cost . and period of usefulness are attached hereto as Exhibit "B" and by this reference are made a part hereof. 3. After execu-tion of this contract by all parties, the •drain commissioner -as the acency of the county shall take such of the following actions as have not heretofore been takcm: (a) Purchase from the City of Detroit and the so-called Detroit Metropolitan System additional flowage rights in the City of Detroit sewers in accordance wit b the provisions of an. AGEEMENT FOR USE OF CERTAIN DETROIT SEWERS dated November l 1962, as supplemented by a SUPPLEME-NTAL AGREEMENT dated December 1, 1962. The additional flowage rights to be purchased by the drain commissioner shall be the maximum permitted by said Agreement and Supplemental Agreement which is 142 cfs. The purchase of such additional flowage rights shall be conditjoned upon the sale of bonds pursuant to this contract; (h) Secure the necessary -lass and specifications for the project from the consulting engineers; (c) Submit to the Board of Supervisors of Oakland County such resolutions as may be necessarv to approve the plans and specifications and .estimates of cost and period of usefulncss for the project and providing for the issuance and sale of county bonds in one or more series, in the agregate prinoipal amount nee2ssa.ry to be borrowed, said bonds to mature seriallv as authorized by law , over a period of not more teas • forty (40) years, and to be primarily secured by the obligation of the municipalities to 1 -)N,/ the net cost of the system with interest and secondarily secured by the full faith and credit of the County of Oakland; (d) Take all necessary steps to secure the adoption of • said resolutions by the Oakland County hoard of Supervisors and the approval of the Municipal Finance Cc.: e li sion of the State of Michigan for the issuance and sale of the•bonas; (e) Obtain construction bids for the fa.cilitios to ha acquired and enter into construction contracts with the lowest -5- The p::•:oje bciucj an extension of the Southr ,'.astern 4. responsible bidders, provided th a t no such contact shall ho entered into prior to the sale of bonds unless th,':= same shall be conditioned - • • upon Such sale; (f) Advertise, sell and deliver the said bonds and apply the proceeds as herein provided; (g) Acquire - such' lands • 'ass 'nay' be riecess'ar.y.' and- to constri.16 t the said facilities within a redsonable. time -Hafter execution of construction 'contracts and delivery of the said bonds; and (h) Do all other thincjs r2cuired of the county agc.,ncv under the provisions of Act No-- 342. Oakland County Sewa&e D!_sbsal Syste m , the Base Ag:c.7ec=nt shall apply hereto except as specfic1 moc:ific0, herein, an, in mar- tic1-1.1ar, the provisions of paracira'ph.F: 19 throucjh 17, 19 ancei. shll apply hereto arthouh set forth in full hea':ein, 5. The niu i c i e alitiesshall pay to te, county the riez_ cost of the project as hereinatte=c pro The net cost of, th e project shall be deemed to moan the total cost of the projcet, the estimated amount of which is shows on Exhibit ''J3", 16ss the amount of any st a te or fede r al •grants received, towarC, the cost of the .project. 6. The not cost of the 1Dro -lect is he.x..ehv allocated among the munf..cipalities in accornce with the following per- centages:. City of i!,(1kIcy City of ilifcr,:Hc4ham City of ClLon City of Fernd,ele City O Ldizoi Fo rk City of Huntjncton Woods City of iya_LiF]on Heights City of C_M7: Park City of Plosnt Riac City of ioyal Oak Township of oi Oak City of Southfield City of Toy Villge of 1:;everiv hi LLs TOTT, 1 0 0.000 0 0 0'7, 7.125041 4.423596 6.102703. 10.546320 2.494743 3.039323 7.063226 13.318666 1.349884 31.818081 1.829210 7.736220 2.471560 .680527 The" not coEyt of the -.-..,f ct will 1:,o ...reentedi. by one or `5. T .„ more series of bonds to be iss -fi by the cu,Inty in the pnc:ipeI al'io=t of the net cost of the poject as detinedt estimated Lt the or times of such issuance, Each mun5_coay hereby coven ends eflfa am roes to per its propo -r.-tionato sh o re of the principal of E].ricr =interest on s e bo.ls so S 53000 0515, 551 prop=t.iOnate shore sh.11 be d,eteriiino0 by ply sa to thi.:-1 pLy .::-,ets of bond orin- - cioal and interest heco-.Pirj due as hereirafte2 nr,':-)vid, the '...,or.- Cc. nts set fofth pa -:7'acfh, In each L=icf..pty I ereby coveni-,nts ac..iee, to Yc.s ;-->hare of a--": payi -.c.je;-,t fee.: and other cl -les nese.fsry to nerve CO. bo:_:Th (herein cc-----Le d service chores) shall be incurred f:fo -z, to t.71.T.,e by the county. Immeditely upon the iss',.-.noe of bon d s iv the ount -T do finance the et cost of the project, as any po -r.-icn she &rain ccS.0.5s3 sc ass E;05 d. no„.ifv eE,ch .1 .isCc-2., by written ac.7;d:L-esscd to tress Tespetiv. tf,:lers, of the slchedu1e of nLyn,ent of the orincisvl of a:-z(f. :in .ceres -t ties the p:::o,--2 ,-.)7tion&te theref to he paid bv e:oh of by -V- levy under the provisions of Act 167, I2u1:ir.le Acts of tich a, 1933, z) municipality in accordance with the percentages specified above. Each municipality hereby covenants and agrees, not lass than thirty (30) days prior to the due date of any principal of or interest on such bonds, to remit to the drain commissioner sufficient funds to meet its proportionate share of said payment's in full. If one or more of the above listed municipalities should_ pay its share of the net cost of the project, or any portion thereof, prior to the issuance of the bonds, then all percentacTes shall be adjusted accordingly so that when ar)21fed to the principal of the bonds issued, such percentaces after tal'ling into consideration advance payments, will reflect the division of the cost of the project as herein provided. .T ,„ny muniecality may pay in advance of maturity. all or any. part of an annul installment due the county on the bo n ds, by surrendering to the county bonds issued hereunder of a like urine pa _ amount maturing a the same calendar year, with all .i_uture due Interest coupons attacned thereto. 7. In the event that anv municipality shall fail. for any reason to per to the drain commissioner as agency for the county at the times specified, the amounts herein recuired to be paid for the principal and interest on bonds or bond service charges, the drain commissioner shall immediately noti -fy, in writing, both the County Treasurer of the County Of Oakland and the coverning body of such municipality of such default and the amount thereof, and if such default is nor eorected within ten (10) days after such notification, the County Treasurer or other county official charted with disburse- ment to such municipality of funds danivh from the state sales tar as amende6, and returnable to such municiality oursuant to the _ T- Michicjan Constitution, is by those oz -escnts specifically authorized by such municipality to withhold sufficient funds (but in no event in an amount in excess of 256 of the amount of default) derived from such sales tax 1L'vv and returnable to such municipality as may be in • default, and to pay said sums so withhaad to the drain commissioner to apply on the obligation of such defaulting municipality as herein set forth. Any such mon:eys so withheld and paid shall be considered to have been returned to such municaitv within the meaning of the Niohian Constitution, Lhe paigose of this -arovision being solely to , voluntarily authorize the use of such funds to meet Past du a obliga- tions of the munici -.Dalities to which said moneys are owed. In addition to the foregoing, the drain col=issieer as agency for the county shall have all other fghts and remedies 0 -(--ovic.7.ed by law to enforce the obligations of the muhici7,alites to male payments in " is the manner and a",.. the tines rena this contract. fically recocnized bv each of the r-aunicipalities that the payents necuieecl to be made by it pursuant to the teems of this contract are to he pledged for the Da:yment of the prnoi -!:)al of and interest on bonds to be issued by the county, and each of the =nicipalities covenants and ages that it will y.ake its recuired '.:avments to the drain commissioner as .agency of the county :orom -Dtly and at the times herein s-..-)ecified, without regard as to whether the project herein cont ,=lated is actually comnleted or placed in operation; only that nothing herein contained shall limit the obligation of the county to perform in accordance with the provsion of this con- ta:act, -anv f'a -11 to any of its ID:dr,cipal and intorest or bond service charg e payments as rc~cui rat hr the provisions of this contract, when due, the .e,l-aount thereof shall be subject to a penalty of threo-cuarters of one per cent (3/4 of for each month or fraction thereof that the same remains unpaid after the due date 9. The oroceeds of sale of the bonds shall be used solely and only to pay the net cost of the ,oroject, and after completion thereof and payments of costs in connection therewith, anv surplus remaning from the sale of the bonds shall be (1) u s ed to purchase the bonds on the area market or (2) retained by the county as a - reserve -.,Tor payment of the bond principal and interest maturities next iallinq due', _ in sucn eves the e,Jnsf,Aes cipalitv in respect to such bonds or such maturities shall be reduced by its percentage (as specified in pararaph 6 of this contract), of the t)rincils)al amount of bonds so prchased or of said reserve, said redUction in case of the purchase of bonds, to be applied as to year, in accordance with the year of the matritv of the bonds so purchased. Any :ponds so purchased shall be canceled. If the proceeds of the sale of the original bonds are for any reason insufficient to complete the project in accordance with the plans and specifications therefor, the drain coTmissfOner shall, if necessry, submit to the }3oard of .-.npervisors of Oakland county a resolution prcviding for the issuance of additional bonds in. an amount necessary to complete the project in which-event the duties and obligations of the county agency and the mtnicioalities as expressed and set forth in ',paragraphs 3'and 6 of this contract shall be a-.:):_:)1 ..icable to such addition a l issue of bonds as well as the isslie, it .bcing at all tf:.=s flillv recognized and agreed that the payx.ents to be r:::ade by the -:-...thicipa .jit -ies in the ',Dron,ortions and in tke in ps. 6 of this confect, heII be based upon the net cost of the project and the total am -aunt of all series of bonds issued to finance the project. In lieu - of the issuance of such additional bonds, any other method may be agreed . upon by the county and the municipalities to provide the necessary funds to complete the project. , 10. Each municipality which is a party to this contract, pursuant to the autho -rization of Act .32, Public Acts of 1935, 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 the year prior to the first year oblige-' tions shall become duo hereunder, levy a tax in an amount which, takny into consideration estimated delinc:uencies in tax collections, will be sufficient to pay its obligjations under this contract becoming . due before the time of the following viear's tax collections: PROVIDD,_ 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 mar be reduced by such amount, Such other funds may be raisef, in any manner permitted by law. 11. This contract is ccntinuent up.on the county issuing its negotiable bonds, as set forth n paragrph 3 anc: paragraPh 9 05 5015 contract, to defray the estimatd net cost of the project, which bonds shall be issued under the 'au=chorination providtd under said Act 342, Public Acts of Y:ichigan,. 1939, as amened. 12. The counts and th munialitio:E: each recociniv,e that the hcidors --z:e:.,-k time to ti:-.-... ,:.-:. -:::a ho -1,..as iE;sud bv the county . under. the provisions of said Act 342, Pubic Acts of Michigan, 1939, as amended, and secured by the full faith and credit pledges of the municipailHties to the making of their proportionate payments as set , forth in this contract, will have contractual rights in this contract and it is therefore covenanted and agreed. by each of them that so long as any of said bonds shall .remain . outstanding and unpaid, the . provisions of this contract shall not be subject to any alteration or revision which would in any manner affect either the security of the bonds or the .=cmpt .p-ayment of princial or interest thereon. , The municipalities and the drain commissioner further covenant and agree that they will each comply with their re,spective . duties and obliga- tions under the terms of this contract pom -'.-Jtly, at the times and in the manner herein set forth, and will not suffer to be done any - act which would in any way imair the said bonds, the security therefor, or tha :.)r=pt payment of prine.ial and interest thereon. It is hereby decla r ed that the terms . of this contract insofar as they pertain to the security of any suen. bonds , shall be deemed to be for the benef i t of the holders of said bonds. This contract shall become effective upon its exe- cution by all the parties hereto, Theeafter this contract shall be in full force and effect until January I, in the year 2002. It shall be binding upon and enure to the benefit of the ties hereto and their resective successors and assigns. Nothing herein contained, however, shall recruire the county to construct and operate the project if it is unable to sell bonds to finance the same. This contract may be executed in any nu mber of counterparts. IN WITNESS the oarties hereto have caused this contract to be executed and delivered, in -their resoectiw , duly CITY C.,1 31TR.:= e CITY GT: Br Mayo r Mayor By By _L y ..,... z].yor By Ylavor authorized officers, all as of tho el -ay year first above written hy executinc- the same on the date set bc1 -,sice th signaturcI line of each signature. COUNTY 02 OAKLAND By • Coentv brain _ Commissio]ae:c CITY 02 CLI,,WL;ON vi CilT-Y 02 FEY,-NDALE r - .._),.., ,...., Mayor B_ By y Citv CITY UZ IAZ IL FARM CITY OF BUNT IF OTON N000S 0 By By Cf,ty City Cicr , CITY 02 MADISON HEIGHTS ; r'ITY OF OAK PARK By By Mayor .mayor -ity Clerk City Clerk //CITY OF PLEASANT R_„,Tnc 7 — , / ti CITY OF ROYAL OAK. BV By By °Y or City Clerk l!lavor City Clerk By By City Cleak Clay CIa TOWNSHIP OF ROYAL OAK VILLAGE OF BIWERLY HILLS By S u pe aviaoa Presient By By . 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( 1 — 75 ) „ -, \ \ i N ----_ N ------_ .„ I EXISTING la TOWNS VNS --'\--<\, -., \ 1 1 OVERFLOW STRLICTL.— V --\ ' ' '-. \ 11 \ \ ST E P HIGHWAY I tENSON EXPRESSWAY . 2,900,000.00 April, 1970 POLLUTION CONTROL FACILITIES PROJECT • SOUTHEASTERN OAKLAND COUNTY •SEWAGE DISPOSAL SYSTEM ESTIMATE OF COST Retention Cimmbor road bypasses, bridge removal and utility relocation S19,880,000.00 Chlorination, maintenance, storage, and ventilation . „ „ . , ......... 500,000.00 Dewalering flushing station, flushing piping, flush in5 equipment, and maintenance equil;nri'eht. . Outlrq. Structure . . .... . . . „ 1 -,000,000.00 CONSTRUCTION COST . . . . . . ...... S24,280,000.00 Enginceriug„ technical services, legal, fiscal, administrative and contingencies 3,620,000,00 Right-ef4Vay acquisition 1,200,000.00 • Acquire 142 els capacity in Detroit Sewers 1,363,307.92 TOTAL PROJECT COST . . ..... .... . .$30,463,307.92 We estimate the period of usefulness to be fifty (50) ycns and upwards. HUIVI3I7 Li„ ROTC & CLARK, INC. T. G. field I 1:ff 3. That this Board of Commissioners does hereby approve the Revised Estimate of Cost as submitted in the amount of $26,000,000, and does hereby determine that it is now necessary to issue county bonds in the principal amount of $13,275,000 to defray part of the cost of extending improving and enlarging the Southeastern Oakland County Sewage Disposal System in accordance with the provisions of the aforesaid contract. 4. That subsequent to the execution of said contract by the Drain Commissioner pursuant to section 2 of this resolution, the bonds of said County of Oakland aggregating the principal sum of Thirteen Million Two Hundred Seventy-Five Thousand Dollars ($13,275,000) shall be issued and sold pursuant to the provisions of Act No 342 of the Michigan Public Acts of 1939, as amended, and other applicable statutory provisions, for the purpose of defraying part of the cost of extending, improving and enlarging the Southeastern Oakland County Sewage Disposal System. That the said bonds shall be known as "Southeastern Oakland County Sewage Disposal System Bonds, Series 1970; shall be dated as of December 1, 1970, shall be numbered consecutively in the direct order of their maturities from 1 upwards; shall be coupon bonds in the denomination of $5,000 each; shall be registrable as to prin- cipal only in the manner hereinafter : set forth in the bond form; shall bear interest at a rate or rates to be hereafter determined not exceeding 7-1/2% per annum, payable on November 1, 1970 and thereafter semi-annually on the first days of May and November in each year; and shall mature on the first day of May in each year as follows: Cr. 1972 - 1973 - 250,000 1974 - 275,000 1975 - 275,000 1976 - 300,000 1977 300,000 1978 - 325,000 1-979 - 325,000 1980 - 330,000 1981 - 330,000 1982 - $375,000 1983 - 375000 1984 - 400,000 1985 - 400 ,000 • 1986 - 450,000 1987 - 450,000 198-8 - 500,000 1989 - 500000 1990 - 550,000 1991 - 550,000 1992 - $550,000 -199 - 600,000 1994 - 600,000 1995 - 600,000 1996 - 600,000 1997 - 700,000 1998 - 700,000 1999 - 700,000 2000 - 700,000 All bonds shall have proper coupons attached :thereto evidencing interest to their respective dates of maturity. Bonds maturing prior to May 1, 1983 shall not be subject to redemption prior to maturity. Bonds maturing on or after May 1, 1983 shall be subject to redemption prior to maturity at the option of the county in inverse numerical order on any one or more interest payment dates on and after May 1, 1982 at par and accrued interest plus a pre- mium on each bond called to be redeemed computed as a percentage of the face amount thereof in accordance with the following. schedule: 3% if called to be redeemed on or after m;w 1, 1982, . but prior to May 1, 1993 2% if called to be redeemed on or after May 1, 1993, but prior to May 1, 1996 1% if called to be redeemed on or after May 1, 1996, but prior to maturity. Notice of redemption shall be given to the holders of the bonds called to be redeemed,- by publication of such notice not less than thirty (30) days prior to the.date fixed for redemption in a newspaper or publication circulated in the City of Detroit, Michigan, which carries as a part of its regular service, notices of the sale of municipal bonds: Provided, that where any bonds shall be reais- tared, then notice of the redemption 'thereof shall be given by registered OT certified United States mail addressed to the regis- -6- tered holder thereof at the address shown on the principal paying agent's registration books, which notice shall be mailed not less than thirty (30) days prior to the date fixed for redemption. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the principal paying agent to redeem the ::same. 5. That the said bonds shajl be issued in anticipation of payments t(77) be made by the City of: Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills pursuant to the Contract between the County of Oakland and the said muni- cipalities dated as of April I, 1970 and set forth herein. 6. That the said bonds shall be primarily secured by the fulI faith and credit pida-es made by the City of Berkley, City of Birmingham, City of Clasen,-City of Ferndale, City of Hazel Park, City of Huntinaton Woods, City of Madison Heiahts, City of Oak Park, City of Pleasant Ridge, City or Royal Township of Royal Oak, City of Southfield, City of Troy and Village of Beverly Hills, in said Contract with the county pursuant to authorization contained in Act No 342 of the Michigan Public Acts of 1939, as amended. As additional and secondary security for the payment of the principal of and interest on said bonds the full faith and credit of the county is hereby pledged for the Prompt payment of said principal and interest, when due. 7. That the principal of said bonds and the interest thereon shall be payable in lawful money of the United States of -7- America at a bank and/or trust company which qualifies as a paying agent under Federal or Michigan law and which shall be designated by the original purchaser of the bonds, upon presentation and surrender of said bonds and. attached Coupons as they severally mature. Such purchaser shall have the right to name a similarly qualified co-paying agent. 8. That the Chairman of the Oakland County Board Commissioners, the -County Drain Commissioner, and the Oakland County Clerk are hereby authorized and directed to execute said bonds for and on. behalf of the . County of Oakland and to affix the seal of the county thereto, and to execute . the interest coupons to be attached to said bonds by causing to be affixed thereto their facsimile .signatures That upoi the execution of said bonds and attached coupons, the same shall be delivered to the Treasurer of said county who is hereby authorized and directed to deliver said bonds and attached coupons to the purchaser thereof upon receipt of the purchase price therefor. 9. That the said bonds and coupons shall be in substan- tially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAK LAND Number $5,000 SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM BOND, SERIES 1.970 KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland in the State of Michigan, hereby acknowledges that it is indebted and for value received promises to pay to the bearer hereof (or if this bond be registered,: to the registered holder hereof) the sum of FIVE THOUSAND DOLLARS on the 1st day of May, .AD, 19 , and to pay interest thereon at the rate of per centum ) per annum from the date hereof until paid, said ihteiiest being payable on November 1, 1971, and thereafter semiannually on the first days of May and November in each year. Both principal and interest are payable in lawful money of the United States of America at principal paying agent in the City of upon presentation and surrender of this bond and the coupons hereto attached as they severally mature. _a r numbered consecutively in the direct Order of their maturities from to 2655, both inclusive, aggregating the principal sum of Thirteen Million Two Hundred Seventy-Five Thousand Dollars ($13,275,000), issued by said County of Oakland unP,ci- and pursuant to and in full conformity with the Constitution and Statutes of Michipian (especially Act No. 342 of the- Michigan Public 'Acts of 1939, as amended) for the purpose of defraying part of the cost of extending, improving and enlarging a county sewage disOosal syStem known as the Southeastern. Oakland County Sewage Disposal System, The bonds of this series are issued in anticipation of payments to be made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park, City of Huntington Woods, City of Madison Heights, City of Oak Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, City of Southfield, (2ity of Troy and Village of Beverly Hills in the aggregate amount of Thirteen Million Two Hundred Seventy-Five Thousand Dollars • ($13,275,000) pursuant to the Southeastern Oakland County Sewage DiSposaj System 1970 Contract dated as of April 1, 1970 between the County of Oakland and the foregoing municipalities, The full faith and credit of the said municipalities have been pledged to the prompt payment of their respective shares of the foregoing amOunt and the interest thereon as the same befn'• due. As addition:al security for the payment of the principal (at.l.n:lt interest on the bonds of this series, the full faith ahd.c.r.dit of the county are hereby pledged for the prompt This bond is one of a series of bonds of like date and tenor except as to date of rodturitv -9- ' • Bonds maturing prior to May 1; 1983 shall not be subject to redemption prior to maturity. _Bonds maturing on and after May 1, 1983 shall be subject to redemption prior to maturity at the option of the county in inverse numerical order on any one or more interest payment dates on and after May 1, 1922 at par and accrued interest plus a premium on each bond. called to be redeemed computed as a percentage of the face amount thereof in accordance with the following schedule: 3% if called to be redeemed on or after May 1, 1982, but prior to May 1, 1993 2% if called to be redeemed on or after May 1, 1993, but prior to May 1, -1996 1% if called to be redeemed on or after May 1, 1996, bui- prior to maturity. Notice of redemption shall be given to the holders of bonds called to be redeemed, by publication of such notice not less than thirty (30) days prior to the .date fixed for redemPtion, at least once in a newspaper or publication -circulated in the City of Detroit, f-lichigan, which carries as a part of its regular service, notices of the sale of municipal bonds: Provided thaL _where any bond shall be registered, then notice of the redemption thereof shall be given by registered or certified United States mail addressed to the registered holder thereof at the address shown on the bond registration books of the -principal paying agent, which notice shall be mailed not less than thirty (30) days prior to the date fixed for redemption o called for redemption•shaU not bear interest afterthe date fJxig,,a for redemption, provided funds are on hand .with the principal! riaying agent to redeem the same. This bond may be registered as to principal only in. the name of the holder. en the books of the principal paving agent, and such registration noted on the back hePeof by an official of said paying agent, and thereafter no trans for shall be valid unless made upon the said books and likewise noted on. the back hereof, Trans- ferabiljtv by delivery mav he restored by reg*srai.-Jon to the bearer. Negotiability of the interest coupons shall not be affected by registration. It is hereby certified, recited and declared that all acts, conditions and things. reouired to exist, happen and be performed precedent to and in the is s uance of the bonds of this series, existed, have happened and have been performed in due time, •form and manner as reuuired by law, and that the total indebtedness of said county, including this series of bonds, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOP,•the -COunty of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be signed in its name by the Chairman of its Eoard of Connissioners, the County Drain Comtissioner and the Count y Clerk, and its corporate seal to be affixed hereto, and has caused the attached interest coupons to be executed with the facsimile signatures of said officers, all as of the first day of December, A.D. 1970. COUNTY OF OAKLAND DV Bo ard -;;Airman zacira ot Commission e rs (FACSIMILE) (FACSIMILE) (SEAL) By County Drain Commissioner By Countv Clerk (COUPON). Number r- - -- - C,I f f, same being tfte Interest due on that day on .1us Southeastern Oakland County Sewage Disposal System Bond, Series 1970, No. if dated .December 1, 1970. This coupon is subject to redemption provi - sions in said bond. _ . On the first day of , A.D. 19 , the County. of Oakland, Michigan, will paY --'17—EFe bearer Hi&-i.--eof the Sum shown hereon, in lawful money of t,.-ne United States of America, at the in the County Clerk. rThairman of Board of Commis s ioners. - (FACSIMILE) County Drain Commissioner REGISTRY Signature of Official In Whose Name Registered Date of Registration of Paying Age,nt -11- 10. That there shall be established for the system a Principal and Interest Fund which shall be kept in a'separate bank account. From the sale of said bonds there shall be set aside in said Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of the delivery of the same. The remainder of the prbceeds of said bonds shall be used forthwith to defray the cost of extending, improving and enlarging the system. All payments to be made by the municipalities on account of their contract obligations shall be placed in said Principal and Interest Fund. 11. That the issuance and Sale of said bonds shall be subject to permission being granted therefor by the Municipal Finance Commission of the State of Michigan and the County Drain Commissioner, as county agency, is he reby authorized and directed to make application to said commis sic for permssion to issue and sell said bonds as provided.by the terms of this resolution. 12. That the County Drain Commissioner is hereby authorized to sell said bonds at not ;Less than par and accrued interest in accordance with the laws Of this state and to do all things necessary to effectuate the sale, issuance and delivery of said bonds, subject to the provisions of this resolution. 13. That sealed proposals for the purchase of $13,275,000 Southeastern Oakland County Sewage Disposal System Bonds, Series 1970 to be issued by the County of Oakland, Michigan to be dated December 1, 1970, be received up to such time as shall be hereafter determined by the county agency and that notice thereof be published in accordance with law in the Daily Tribune, a newspaper of general circulation in said county and in The Pond Buyer, a publication -12-- 'T3 inted in the English language and Circulated in the State of michigan, which carries as a part of its regular service notices of the sale of municipal bonds, which. notice shall be substantially in the following form: OFFICIAL NOTICE OF SALE $13,275,0,00 COUNTY OF OAKLAND STATE OF MICHIGAN SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM BONDS, SERIES 1970 Sealed bids for the purchase of Southeastern Oakland County Sewage Disposal System Bends, Series 1970, to be issued by the County of Oakland, Michigan, of the oar value of $13,275,000 will be received by the undersigned at the office of the Oakland County Drain Commissioner, 550 South :Telegraph Road, in the City of Pontiac, Michigan, until o'!ciock .M„ Eastern Standard Time, on the day or , 19 at which time and place the said bids* will be publicly opened and read and the bonds will be awarder]. ' Said bonds will be dated December I, 1970, will be coupon bonds (registrable as to principal only), all in the denomination of $5,000 each, will be numbered consecutively in thc direct order of their maturities from 1 upwards, and will bear interest from their date at a rate or rates not exdoedin(4 7-1/2% 'cer annum, payable on November 1, 1971, and thseaf'rer semi-annually on May 1 and November 1 of each year. Each bid shall state the annual interest rate or rates upon which it is submitted. expressed in multiples of either I78th or I/20th of 16 or both. The interest on any one bond shall be at one rate 'only and shall be 1.--=_=p by one coupon for each coupon eriod. All bonds maturing in the same Year shall bear the same rate of interest and no bond of this issue shall boar interest at a rate per annum which is less than 501 of the interest rate cn any nther bond of this iss.ue. ;w,.crued interest to date of delivery of such:bonds must be paid by the purchaser at the time of delivery, , Said bonds will mature serially on the first • . In each year as fellows: 1972 - $225,000 1971 - 250,000 1974 - 275,000 1975 - 275,000 1976 - 300,000 1977 - 300,000 1978 - 325,000 , 1979 - 325;000 1980 - 350,000 1981 - 350,000 1982 - $375,000 1 983 - 375,000 1984 - 4006000 1995 - 400000 1986 -7 45000 0 1 987 - 450000 1988 - 500000 1909 - 500;000 1990 - 550;000 1991 - 550;000 1992 - $550,000 1993 - 600,000 1994 - 600,000 1995 - 600,000 1996 - 600,000 1997 - 700,000 1998 - 700,000 1999 - - 700,000 2000 - 700,000 Bonds maturing prior to May 1, 1983 shall not be subject to redemption prior to maturity, Bonds maturing on or after May 1, 1933 shall be subject to redemption kior to maturity at the option of the county in inverse numerical oder on any one or more intercot -14- payment dates on and after May 1, 1982, at par and accrued interest plus a premiun on each bond called tobe redeemed computed as a - percentage of the face amount thereof in accordance with the following schedule: on or after May 1, 1982, on or after May 1, 1993, on or after May 1, 1996, 3% if called to be redeemed but prior to May 1, 1993 2% if called to be redeemed but prior to May 1, 1996 1% if called to be redeemed but prior to maturity, Notice of redemption shall be published not less than thirty (30) days prior to the date fixed for redemption, at least once in a newspaper or publication circulated in the City of Detroit, Michigan, which carries as al part of its regular service, notices of the sale of municipal bonds or if the bonds be registered, then notice shall be sent by registered or certified United States mail to the registered holders, at le!ast, thirty (30) days prior to the date fired for redemption. Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the paying ag0rt to redeem. the same. Both principal and interest will be payable at such bank and/or trust company which qualifies as a paying agent under Michigan or Federal law and which. shall be designated by the or pur- chaser of the bonds. A similarly qualified co-paying .agent may also be named. The bonds are to be issued 'nursuant to the provisions of Act No, 342 of the Michigan Public Acts of 1939, as amended, and 01-hr=r .74 -oplcabl', statutes in antoiation of the payments to be made by the City of Berkley, City of Birmingham, City of Clawson, City of Ferndale, City of Hazel Park City of Huntington Woods, Cjtv of Madison Heights, City of Oak ::Park, City of Pleasant Ridge, City of Royal Oak, Township of Royal Oak, Clty of Southfield, City of Troy and Village of Be7/erly in. the aggregate amount of Thirt ,='eh Million Tw(s Hundred SeYenty-Five Thousand Dollars ($13,275,000) pursuant to a contract between the county . and said municipalities dated as of April 1, 1.970. The proceeds of said bonds will be used to defray part of the cost of extending, improving and enlarging a county sewage disposal system known as the Southeastern Oakland County Sewa g e Disposal System. . The full faith and credit of the said municipalities have been pledged to the prompt payment of their respective shares of the foregoing amount and the interest thereon as the same shall become due. As additional security for the payment of the princip3,1 0 -(-' and interest on the bonds, the full faith and credit of the county is pledged for the prompt payment thereof. For the purpose of awarding the bonds, the interest cost of each bid w i ll be conceited by determining, at the rate or rates specified therein, the total dollar value of all interest on the bonds from (here insert the first day of the month nTelx -E-7-5-11OwiFq. the date of receiving bids or the date of the bonds, whichever is later) to their respective maturities and deducting therefrom any premium. The bonds will be awarded to the -13- is reserved to ct any or all bids,. 4 - bidder whose bid on the above computation produces the lowest interest cost to the county. No proposal for the purchase of less than all of the bonds or at a price ides than their par value, will be considered. A certified or cashier's check in the amount of $265,500 drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the County of Oakland must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered inaith Payment for said bonds shall be made in Federal Reserve funds. Bids shall be conditioned upon the unqualified opinion of Dickinson, Wright, McKean & Cudlip, attorneys, Detroit, Michigan, approving the legality of the bonds - The cost of said legal opinion and of the printing of the bonds will he paid by the county. There will also be furnished at the time of the delivery of the bonds the usual closinc papers including a non-Mtir4afion certlficate, dated as of the d. ate of such delivery, Bonds will be deliver e d ...,..t New York, New york, chioacio, IllihcAs,'cr Detroit, Mchicyan The successful bidder ahall have the right, at his option, to cancel the contract of Durchase if the bohd.s are not tendered for delivery within 45 days from the date of the siale thereof, and in such event the successful bidder shall be entitled to the return of the deposit acccmanying the Fnvelones con t aining the bids should be plainly marked Prrroosal for Bonds" Oakland County Drain Commissiner, county agency Dated: APP ROVED; STATE OF Mit MUNICIPAL FINANCE COMMISSION 19 -16- 14, That a copy of the foregoing notice of sale shall be forwarded to the Municipal Finance Commission of the State of Michigan for its approval, 15. That all resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. CONSTRUCTION COST $19,440,000 00 Engineering, Technical Services, Legal Fiscal, Administrative and Contingencies Acquire 142 efs Capacity in Detroit Sewers . Right-of-Way Acquisition 3,696,692,08 1,500,000 00 , 1,363,307.92 $26000,00000 12,725,000 00 By November 1970 POLLUTION CONTROL FACILITIES PROJECT SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM TOTAL PROJECT COST Less Federal and State Grants AMOUNT OF BOND ISSUE We estimate the period of usefulness to be fifty (50) years and upwards HUBBELL, ROTH & CLARK, INC, $13,275,000 00 T. G. Biehl [ 77-Th _ ) j - Novmlier 12, 1970 Mr. Robort P. Pathals Chainnn of C 1200 North'12 ,:!lc:T,..,:Th Road Pontiac Michi a on a us Re: Southeastern Oshlaud County Sewage Disposal System - Pollution Control Facilities Project Gentlemen: Transmittod herewith a rosolution c..7 -)rovd by the Public Works Cem.',iittee on Novr 9, 1970, Lnd estimate of the cost of the pollution control pro Oct n'FLflred by Hubbell, Roth C/Clark Tnc,, registered profos5ionLI e:2 -.5necrs. The resolution: (A) Approves the Southeastern Oakland County Sow Disposal System 170 Cont -::act dated as of I, 1970, and autizes a I. a County Drain Commissioner to c.ecuto the co:,t -,:act (-). behalf of the County of Oaland upon la.,,711J1 .0xcution by the municipalities (B) Approves the estimate of $26,009,000 as the cost of the project and the cstit ,::: of $13,278,000 as the amouht of bonda necessary to be sold, and• (C) Authorizes the Is s uance an4. sale of $13,275,000 of county bonds to (:hy part of the cost of the project, said h;a.la to he secured primarily by the full faith and crJit plodz..e of the miamicip2,1ities set forth in the .:1;oresaid co-itract and seco ,:dorily by the full faith ::,fld credit of the county, tc2 nature serially in the ye a rs 1972 through 2000, and t2 be subject to redotion on and after May 1, 1982'. -)1 H Mr. Robert F, Pcios -2- Novc ,,.Lc:r 12, 1970 Upon 5dopt0n of the r(asolution applicoY he mado to sell the 1-,,n*; in ufficiut t. the outstnndiuL liately 1 -7_S -107 to cc with is2J_05. - Daniel U. County as County Agc -iicy - DWB:es Enclosures Moved by Horton supported by Szabo the resolution be adopted. Discussion followed. AYES: Gabler, Grba, Horton, Houghten, Kasper, Mainland, Mastin, O'Donoghue, Olson, Patnales, Perinoff, Powell, Richards, Szabo, Walker, Wilcox, Bawden, Benson, Coy, Edwards. (20) NAYS: Brennan. (1) A sufficient majority having voted therefor, the resolution was adopted. 1 9 Clerk STATE OF MICHIGAN) (ss. COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that.I have compared the annexed copy of Resolution #9546 adopted by the Oakland County Board of Commissioners at their November 19 , 1970 meeting with the original record thereof now remaining in my office, and that it iS a true and correct transcript therefrom, and of the' whole thereof. In Testimony Whereof, affixed the seal of s 1 this 9th I have hereunto set my hand and id County at...NOttqcx.Mich.... .day of November Lynn D. Allen By Deputy Clerk