HomeMy WebLinkAboutResolutions - 1970.09.03 - 16606in the City of Pontiac, Michigan, on ThurF..iday _chny of 3r d the
9:30 September , , 1970, at o'clock A.M. , Eastern
Mr. presented the following resolution, Horton
At a regular meeting of the Board of Commissioners 6f Oakland County,
Michigan, held in the Commissioners' Auditorium in the County Service Center,
Standard Time.
PRESENT: Aaron, Bawdon, Benson, Brennan, Coy, Edwards, Gabler, Grba,
Horton, Houghten, Kasper, Mainland, Mastin, O'Brien, 0' Donoghue, Olson, Patnales,
• Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wi lcox. (26)
ABSENT: Mathews. (1)
Miscellaneous Resolution No 5471
Recommended by the Board of Public Works
Re: Clinton-Oakland Sewage Disposal System - Oakland Township Extensions
a copy of which has been sent to each member of the Board of Commissioners.
6-1-(a)
This Resolution has to do with the OAKLAND TOWNSHIP
EXTENSIONS OF THE CLINTON-OAKLAND SYSTEM, and is to approve the
Plans, Specifications and Agreement.
The Resolution has been approved by both the Board of
Public Works and the Public Works Committee, and since the Resolution
was mailed to all members of the Board --- I respectfully request that
reading of same be waived and move its adoption.
o'clock • Eastern Standard Time, it was: 1
Yeas:
,
stja
•C
lilarrl M. Richards
Thomas
'-Gearge N Gr
Frank Richardson
Mahlon Benson, Jr.
At a meeting of the Public Works Committee of the Board of Commissioners held at
the
.M.
day of /.:-.VS. 1970 at
Moved by . .
= , supported by /
that the attached Resolution, having previously been approved by the
Board of Public Works, is approved by this Committee and transmitted
to the Board of Commissioners with the recommendation that same be
adopted.
Nays: I
Absent:
Motion
to be dat: August 12, 1976,. did app,,,
P the
, Inc., ..,t;teed , all of which
•pproved by thePod of Publl 1
a 3. k
Secre
Ce:unty of ,7.-akLind,,. the C
of
August 1, 1970, between the County b and the TQU.: P. of
Oakland for the extension Of the C,14ntr -C2a0(71- Sewage DisTosaI
Systor - paint Creek - IA: n .:. to be as the Oakland
Township ExteYisions, and did authorithe Chairman Secret:ary
of the Board of Public Works to said Contract subject to
the approval of this Board of aTla
WErRAS e the Township of Oakland is the only party ne
to contract with the County for 100% of the cwt of the project
the 4aid Conct is to be executed by the
Township of Oakland; and
, the Board of Pubiicj, has submitted to this
Board constxu ,Eion planand s-oecifioatus fc)r the Clinton-Oakland
Sqe-Dispgal System - Oakland Township aw.osions, and satin ;
of 6ost And p,s'tiod of usefulness there6f, 19 -1( bv aohnon
CLT
PAINT (T..
OT 1970
the County of Oakland (hereinafter called. the "municip 4 Ve ) party
County of Oakland and •th CI-oarter th e
of Avon, -thO rrownsh of West Eloc,n.).
CLKLAND DISPOSAL
THIS CONVaACT, aa.v. vs of the.. let
and bet.nn the COTY OF OAKLAND, a Mi lphigi7i county-cti,J.1.:poration
Ln.aftet called the countyu), by vcd th -
Public Works (hereinafter referred
first part, and the r2O:5.YNSP Op
BOard of
I p.:,:ccty of the
ion in
of the second part
WITNESSE7 17:1
WHEREAS, the Oakland County Board of Supervisors by
Resolution Misc. No 4332, adopted on June 22, 1964, did approve of
establishment of the Clinton-Oakland Sewage Disposal System to
serve the Clinton-Oakland Sewage Dispc) District, within which
district lies all of the municipality; and
WEREAS, Act No 185 of the Michigan. Public Acts of 1957,
as amended, grants to the board of public works in any county
having a deparr'in -,nt of public works, t h e power to acquire
disposal systems as &dined in said Ac'h, and to improve, enlarge and
extend: any system agv;ird
WHEREAS, the County of Oland, thol:,(1h ita Board of
Public. Works, is aov:ul; in
Dispot.
Sevia DispoaI
and
ality, and upon alff.ive vote of threethi l.
re elect of the Board of Cc- " ,
the Township- of Ox'ion, and tl&• in Eid
hereinafter. a, ;
C1inton-
Copt.rct,
the
sposaI
dated as of 3-::3Aay:y 1„5,
-
-in the
j. arid T .i.oh of
obli
Township of Ox .1=oi7d, the 'T:ownship of Oripn,i of Avon,the
Township of Qakland, the Village of Oxf6ra,end the Village of
Orion, (said contract hereilt - refoT: as the 'Interceptor
Contract") puruant to which c!Tract the c.nty is acquiring the
Paint Creek Interceptor to serve and (
of said municipalities acquired capaity in the Clinti-Oakiand
Sewage Disposal Systex“ and
WHEREAS, by the terms of said Act No 185 the county and
the municipali ty are authorized to enter into a contract for the
acouisitAon, impront, eraar;=:It or extension of a sewage
posal system and for the payment of the Icost thereof by the municA-
lity with interest, over a period not exceeding forty (40) yeh3,
and the county is then authorised, pnt to appropriate action of
its Board of Cov.ssioners, to issue i.th bonds to provide the j
therefor,s .:.urth by the full faith an
thou of tO:i 00
• (3/5ths) of the
full faith and credit pledge of the county; and
h. it is -Oor the
welfare oft he present and
extend, improve e_no, enla7cge
System and the Paint
or more series E county bonds to
of
Sri the
are shown on Exhibit 'A" which is al l. and by this re .1
System - OakTind Tea:
Extensions uader..the CVI O.s of guid1tct7›,-AR'j 'and to
finan ce said. 0-FAland Township
Extension in anticipation of the coliction. by the a
to b ,':1.cu•from tht*:: muniL pall by a.nda .this !
county and the municipa4tv; and -
WHERJEAS, no other municipality in -the ClintQn-Oakiand.
ewage Disposal District will be affected by the cn!A:s.:uction of said
Oakland Township Exten:
WHEREAS, in order to i bonds, it is necessary
"
that the county ond the municipality 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 municiT5a1ity hereby approve the
extension, improvement and enlargement Of the Clinton-Oakland Se7
Disposal System and the Paint Creek Interceptor by the acquisitiGn
and construction of sewae disposa1. fac i lities to serve the mnn
pality, under and pursuant • to the proviSions of Act No 185 of the
Michigan Public Acts of 1957, as arende d. The sewaae disposal faci-
lities to be acquir e d and constructed are hereby designated the
DisPosaZ. System ..- Oakland Towlship
.2.. The facilities Cne entire C.474:1111
Extensions project and their general f.•withlin - the lity
ence is made a part hereof. The Clintc.,.n-C.Aland. See
to as the "project".
• - 3. The county and the municipality hrlrebv arrrovd
adopt the estimate of the total cost of (the proiect.in
set forth- pn Exhibit 4B' attached herete, and the of 40
years and :,pidards as the.periqd of r,vsefOlneE .of the
as prepared by the consulting engineers
, all
4, After the execution of thi,s contract by the com)- arid
the municipality, the board shall take .the following steps:
(a) Qrder final plans and specif i cations for
the project from the conSulting engineers.
(b) Submit to the Board of COmmissioners of
Oakland County a resolution, duly approved
and recommended by the beard, providing for
the issuance of bonds in'ione or more series
in the aggregate principal amount necessary
to finance the acquisition of the project
as shown on p,xhibit 'B" Or such different
amount reflecting any revision in the esti-
mate of the cost of the project as may be
.greed upon by the parties hereto, or re-
flectin9 the amount of other funds available
to pay the cost of the poject, maturing
Seria,“v as authorized by law, over a period
of not to exceed forty (40) years, which
bonds will be er7,!. prliy by the w=y-
meets hereinafter provii
municipality, to the
full faith
secondarily,
and
board will take afl. nssry r: to
be that of the municipality which shall
maintain,,directly or thr: the
=,cn,d
(c)
(3/5th0 majority of the .),.c!il ,ect of
the Board of Comi5sionrs,
faith and cydit
)akland
County has adopted the bon I•oiution, the
After the Board of Covri
obtain th approvals to
issuance of the bonds. by the Municipal
finance Comy4s6lion of the State of Michigan,
obtain construction .biS for the project and
enter into construction contracts with the
lowest responsible bidders, and sell and
deliver the bonds in the manner authorized
by law.
(d) After the issuance of said bonds and the exe-
cution of construction contracts, the board
shall cause the project to be constructed
within a reasonable time and do all other
things require of it under the provisions of
Act No, IBS of the Public Acts of Michigan,
.1957, as .mended.
5. It is underfeed and agreed by the parties hereto
that the project is to serve the municipality and act the indii-
dual property ownero and useTs thereof, unless by ar ujn
between the board and the municpa1itO Th. r eenonethility of
requiring connection to use of thelfci-ti, tea projcc:t
and of. providing snh. aditional fac41ttieZ, he end. i, shall
!i
additional facilities. The county shMT hot he .ot0Ated to
or coast Oct any facilities
2 hereof, The projeQt is an. jy0T_Jo., enlarçe,r.J• and
of thp cjjnton-oakl .and sewage Pispc,7JL1.7/steD1 R,n61. the Paint Cr
interceptor and the Base Contract and the lr ...u::o tor Contract
:17.f.ply thereto except as the save.,: may be call dified herein
for specific application to the projet rrA'i, in 171rttalar the pop-
visions of paragraphs 9, 10, 11 and It 24 of the
tract and paragraphs 10 and 11 of the Interceptor Contract shall
apply hereto. as though •set forth in full herein,
The county hereby agrees that it will secure, or cause
to be secured, and maintained during the period of construction
adequate prope rty damage and public liability insurance covering
all...facilities to be constructed pursuant to this contract. All
policies of insurance shall provide that the county and the muni-
cipality shall loe insured parties thero .,Int: and shall contain a
provision requiring that the municipality be notified at least ten
days prior to cancellation thereof. One copy of ch policy of
tnsurance shall be filed with the muricpliq'.
6. The municipality shall pa:i. to the county the entire
cot of the proieot. The too Cost' as used herein shall
strued to include E$11 items of of ithe tyr,set forth on
Exhi14t "B" attad hereto and oth4r of cost of 4 similar
nature as may bp. Set fórth is revision of aid Egthit agr
to by the parties hpreto, incuu. by the cnn7tv in ,-,;Y4o1YAna and
constructing the projt. The cot of ih
by one or more series of bonds to be isso
in paragraph 4 in the aggr:guts Dy'incipal
-6-
t of the project, or any po esti-
med at the tinuor of
the
beds S0 Issued and the paythg
said bonds (herein
A, whic
and on
Garge;i:; to
as here-
r rate
1 81 the sthedul.e of aenns1 cinIp to be made by t3.--,e•
men ii: pal ity • :• •
1.7ffiatelv upon the issuance1. of said bonds by the ccninti
to finance the cost of the project or any part thereof, the hoar d.
:3hal1 notify the municipality, by writ t en r7.chication
it treasurer, of the schedule of payments of he
interest on the 80 issued and of the bond service chac to
be by the m1).nlcipality. The munidiplity hereby covenants an
agrees, not less than thixty (30) days prior to the due date ot zn•
of or bonds resh i to t he 3 , _
cient funds to pay the
due. The obligatl
bonds issued by the
any part theref, whe
It is
with rep--;
the .ffianicipa
with .any bond
..:*1.ha)d ithical -Je to 51)
r A-v)re•.))1e time,
Tf
1)3. d
dl cc'
ng in the same
or gni:
one.!-half. of. one percent (1/2 of 1%) for.!•4..eob month or fraction.'
thereof that the ire. remains the due date, The mini
cipaUty may 'pay in advance of rurity al] or anv -part of an an .5
installment, due the county, CO to,te cou
issued hereunder 'of a like principal
calendar year, with all future due inte rest
or M by payment in cash of the principal of bonds to be
called plus all interest to the ft:Tet :4v on which: such amount of
bonds 'Call be called and the amount of and charges necessary
to call such amount of bonds on such date
7. After completion of the project and payment of all
costs thereof, any surplus remaining from the sale of the bonds
thPrefor shall be used to call such bonds as are callable or to lyur-
chase bonds on the open market and in such event the contractual
obligation of the municipality in respect to the project shall be
reduced by the principal amount of bonds so called or purchased.,
said reduction to be applied as to year in accordance with the 7r--
of the maturity of the bonds so called Or purchased. Any bonds so
called or purchased shall be cancelled. 1 In the alternative, said
surplus may be used at the request of the municipality and upon
approval by the. Oakland County Board of Commissioners, to improve,
enlarge or extend the project.
8. If the proceeds of the sae of the original bonds to
be issued by the cpty to the
And for any ron insufficient to
with the .planu rid ePeciton5.
necessary, sqbmit to the
ther8of,
the project in 4..c
.1C1., if the boa:
resolution providing for ths ius ,u ..; of ,4dditi0.0.
-P-
ns under this contract becoming due before the time of the
time of making .,Euh annual tax levy there shall e other fu
amount necessary to provide funds to com'pletc the projeL in which
event the duties and.obliciaton$ of 0;5 )1:3 he rLrility
as expressed and set forth in this contract shall b ar.s to
such additional•issue of bonds as well as the original issu%:;, it
being at all times fully recognized and agre5.-tat the paits to
be made by the municipality', in the man*T in paragraph 6
of this contract, shall be -based upon the agg9;at amount of the
bonds outstanding. In lieu of the issuance of such additional
any other method may be agreed upon by the county and the municipa-
lity to provide the necessary funds to Complete the project,
9. The municipa1ity, pursuant to the authorization of
paragraph (2), Section 12 of Act 185, Public Acts of Michigan, 1957,
as amended, does hereby pledge its full faith and Credit for the
prompt and timely payment of its obligations expressed in this
tract and shall each year, commencing with the year prior to the
year that it will first be required to Make payments to the county
in accordance with the provisions of paragraph 6 of this contract,
levy a tax in an amount which, taking iiito consideration estimated
delinquencies in tax collections, will be sufficient to pay its
fallowing year's tax collections PROVIDED N-INER, that if at the
..hand earmarked an set aside for the paYment of such centracal
bligations falling due prior to the net collection period, •
then the annual tax. levy may be re ,,,1 hy sut7h .amon. Suh
funds may be raised in is marmex' px:-GT. in said (2),
Section 12 of Act 185, Public Acts of Michi, 1957, or
ments thereto ,
-9-
10. This contract is contingent Qv
its negotiable - bonds as set forth, in
the county iss
(b) of paraq
4 of this contract, to defray the es%i'lnad cost of the project, or
d under the autho-
rization provided in paragraph (1), suby,a3c_r (b), Section 11 of
aid Act 185, Public Acts of Michigan, 1957, 1:mended.
11. The municipality consents to the estab1i2nt aria
location of the project within its cfrp limits and consents to
the use of the streets, alleys and public places of the municipality
for the location, construction, repair /1 replacement, maintenance
Use of •the sewage disposal facilities of the project. After con.-
pletioh, the project shall be used for the collection of sanitary
sewage within the municipality and the transportation of said sani-
tary sewage through the Paint Creek Interceptor to the Clinton
Oakland System for ultimate disposal. Upon completion of the pro-
ject the county hereby leases the facilities constituting the pr*-
ject.to the municipality during the term of this contract, upon
the following terms and conditions:
'W The facilities shall be used and operated
by the municipal4ty in Compliance with all
contractual and legal ol'ligatio= wplicable
to the mlinicipality nrAnicipality shall
employ qualified and ,!.?ent persnr,1 to
-
(b),•The municipality, at it6 . own .e,xornFc.:,
maintain said in
and rF.:pr, to the s:L6fa
of Publi rH,1T Publjo7
a part of the project, which beri shall
opeTatJa
-Jo-
cost of
he paid by
suitable. rrs for
u to
shall have the right to the .said
facilities at t:ime an.:1 Lt sajd Htie
or any part tii.E.7.aof are not in a state of
good condition and repair, then the •oard . of
Public Works shall notifyy, the munity in
writing as to any def2•. If the muni-
cipality shall fail to restore the facilities
to a good condition within a reason-
able time thereafter, then the Board of Public
Works shall have the right to perform the
.necessary work and furnish the necessary
materials, and reimburseMent for any expense
incurred by the county shall be made by the
municipality to the county within thirty (30)
days after the expense has been incurred.
(c) The municipality Shall adept and continue in
existence and shall enforce an ordinance or
ordinances concerning the connections of
premises in the municipality to the facilities
and concerning the use of and the payment of
charges for the use of the facilities.
(d)Tte•i--.7.ipality shall m..,ke and collet from
the indi,vidual users of facilities such
charges for sewage di1 service as shall
be sufficient to ow of the
tion and maintenae of .1he
that•th
county
Such charges may also include an amount deter-
mined by the municipality to be used to
the obligations of the rereleipality to the
county under this contract, th6 rFi3:3 C.eltract
and the Tnterceptor Contract. The eeeicipality
shall enferce prompt paynt of all such ChdYg
as the same shall bc...ol
(e) The municipality shall secure and maintain ade-
quate property damage and public liability
insurance covering all facilities hereby leased
to it by the county. All policies of insurance
shall provide that the municipality and the
county shall be insured parties thereunder and
shall contain a provision requiring that the
Director ef the Oakland County Department of
Public Works be notified at least ten days prior
to cancellation thereof. One copy of each
policy of insurance shall be filed with the
Oakland County l'apartment of Public Works.
Tlle municipality agrees to lease the project from the
county-- upon the forgoing terms and conditi and for tha period
of ..111.4- contract and z'.gr4,:s to pay the sum of SLOG. per year on
January 1st of each year commencing JanUary l. 1972, -and in adcli-
tion'to perform its colm -nants. and agrev.,ats set forth in this
contract as a rental for said project.
12. The county and the RnAnj,
holders from time to time of the bonds iu
the provisions of said Act 185 -Public
•
1, r: any
-' the
cipality to the
contract, wir, have cont-fq rich
this
this contract and it is
of said be.43 shall remain outstandina and
of this contract shall no be w
Public Works of Oakland Cc and by he -f,-.4rd of commissi
V..
vh,/1 be . full
amended, and secured by the fu11 f aith
therefor and agd by each party that so
which would in anymanner affet either t
or the prompt paynt of principal or
the r„.y:::visions
tion or revision
itv of the bends
:P,t thereon. The munici-
pality and the county further covenant and agree that they will
comply with their respective duties and lobligations under the te
of this contract promptly, at the tiTes L7,,nd in the manner herein
set forth, and will not suffer to be dope any act which would in
any way impair the said bonds, the security therefor, or the pre
payment of principal and interest thereon. It is hereby declared
that the terms of this contract in as far as they pertain to the
security of any such bonds, shall be deemed to be for the benefit
of the holders of said bonds.
13. This contract shall become effective '?xpon
by the legislative body of the icip4ity, by the Board of
of Oakland County, and duly ued by •inthorized officers of
the municipaliLy and of the Board of Public Works. it shall tc-
minate fifty (•0) years f.-rom the data to:t this contract, This c6n-
tract nlay be executed in se
The provisions.
and effect and binding
parties her ,Gt,3
iii
a:2121p
TA.79ancl
Ag
CENVUNVO aO.dIHSNMOI
Gvom oTTqna pJvt, Ag
ao
zAocle reGApU o s 'Tr gs;tonIg4o pazpoq;nv
ATnp 6-0,4Jsu,:z ap:4g4 Aq puLA“ap pv!..1z pG.q.n_Dpx oq o4 -.4,x4uoo
oloczoti s6T4J .ed Gq4 ssamIim NI .p"OSIIV.D
July 27, 1970
CLINTON-OAKLAN.D SEWAGE DISPOSAL SYSTEM
OAKLAND TOWNSHIP EXTENSIONS
ESTIMATE OF COST
213 L. F. 15" Tunnel Sanitary Sewer(L,1 $ 163.00 = $ 34,719.00
117 L. F. 15" Sanitary Sewer @ 42.00 .. 4,914.00
120 L. F. 10" Tunnel Sanitary Sewer @ 141.00 = 16,920.00
180 L. F. 10" Sanitary Sewer @ 30.00 = 5,400.00
254 1,..17, 8" Tunnel Sanitary Sewer @ 134.00 = 34,036.00
286 L. F. 8" Sanitary Sewer @ 20.00 = 5,720.00
2 Each Manholes @ 1,350.00 = 2,700.00
Total Construction Cost . = $ 104,409.00
Project Cost
Construction - . . • . • — 104,409.00
Engineering — — • • • . • — — 10,994.27
Administrative . . — . . . . 2,610.23
Legal and Financial • — • • 4 3,330.00
Inspection. • • — — . . . • • 3,132.27
Easement Acquisition • . • • • • . . . — = 2,500.00
Soil Borings — • • • 4•• R e V 0- 800. 00
Contingency • — — — • • • ° = 21,824.23
• Sub-Total • • • =$ 149,600.00
Capitalized Interest, 8% for 18 months
on $170,000.00 Bond Issue • — ° ° 20,_400.00
Total Project Cost- = $ 170,000.00
I hereby estimate the period of usefulness of
this facility to be Forty (40) years and upwards.
JOHNSON AND ANDERSON, INC.
Felix A. Anderson, P.E.
EXHIBIT "B"
August 4, 1970
CLINTON -OAKLAND SEWAGE DISPOSAL SYSTEM,
OAKLAND TOWNSHIP EXTENSIONS,
TO PAINT CREEK INTERCEPTOR_
SCHEDULE OF PAYMENTS
$ 17Q, 000 BOND ISSUE
Years Principal due on April 1st
1971 -0-
1972 - -0-
1973 - -0-
1974 5,000.00
1975 5,0.00.00
1976 5,000.00
1977 5,000.00
1978 5,000.00
1979 5,000.00
1980 5,000.00
1981 5,00000
1982. 5,000.00
1983 10,000.00
1984 10,000.00
1985 10,000.00
1986 10,000.00
1987 10,000.00
1988 10,000.00
1989 10,000,00
1990 10,000,00
1991 15,000.00
.1992 15,000.00
1993 15,000.00
$170,000.00
EXHIBIT "C"
7 ( ";A:11--t
Ham, W. Hor_ton, ChairMan
)
=
William M. Richards
Thomas H. O'Donogrhue
ç-Je -l\T -:/rbd
7.777-1
E/Frank PRichardson
r, t`y\-
(
Mahlon Benson, Jr.
Jaines M. Brennan (
///7
.;
BE IT PIJ 7kTIR RESOLVEn, th at the offiees or the. Board
of Public Wo -;:ks are authorized to cecUte and deliver cuch number
of Original copis of said Conteet as thc may daei advisa b le.
BE IT PURTMPR RrscAvEr), th a t the OO±d censtructin plAns
and specifications and estimates of cot and period of usefulness
be approved an the County Clerk is hoehy 'authorized to enclose
on said plans and specifications and eStiates the fact of such
approval and return same to the Board of Public Works,
Moved by Horton supported by Richardson the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF '(4ICOIGAN )
COUNTY OF OAKLAND )
I, the u.gnd the dIllyqualified and acting County
Clerk of the County of Oakland, do hereby certify that the foregoing
is a true and complote copy of a resolution adopted by the Board
of Commi s sioners at .a regular mcAing Of said Board, held on the
3rd. day of September 1970 ,'the original of which Is on _ .
file in my office.-
IN WITNViS WHEREOF, I have h6rento affixa(1 my official
signature this 3rd day of Septemb e r A.D. 1970.
SS: