HomeMy WebLinkAboutResolutions - 1984.07.26 - 16638July 26th, 1984
RESOLUTION NO. 84203
BY: Planning and Building Committee - Anne M. Hobart, Chairperson
Drain Comrjssioner -
IN RE: THE NORTH HUON VALLEY-ROUGE VALLEY WASTEWATER
CONTROL SYSTEM, as successor to HURON-ROUGE
SEWAGE DISPOSAL SYSTEM and HURON VALLEY WASTEWTER
CONTROL SYSTEM - OAKLAND COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, there is an existing need to acquire
additional sewer interceptor capacity in Wayne County Act 185
systems and additional transportation and treatment capacity
in the City of Detroit to serve the City of Novi at this time
and as future capacity to serve the City of Wixom and Charter
Township of Commerce, when enlargements and extensions to the
heretofore established Huron-Rouge Sewage Disposal System
are constructed; and
WHEREAS, there is an existing need to acquire addi-
tional transportation and treatment capacity and to release
existing such capacity in the Detroit System for serving the
Evergreen and Farmington Sewage Disposal Systems of Oakland
County; and
WHEREAS, the County of Oakland can, by acting in
cooperation with the County of Wayne and the local units of
government in the ;,:ayne County Rouge Valley Sewage Disposal
System acquire design and contingency capacity in the Rouge
Valley System e7.:isting facilities and in additions thereto
to be constructed by Wayne County under a proposed NORTH HURON
VALLEY-ROUGE VALLEY WASTEWATER CONTROL SYSTEM, Construction and
July Service Agreement, (herein the "Agreement") to be dated
2 , 1984, and submitted herewith; and
WHEREAS, the City of Novi, City of Wixom and Charter
Township of Commerce (the "OAKLAND LOCAL UNITS") have approved
the Agreement and have authorized the County of Oakland to
execute and deliver the same on their behalf subject to the
giving of notice and expiration of referendum rights as provided
in Section 5b of Act 342, Michigan Public Acts of 1939, as
amended, as related to the PROJECT described in the Agreement
which provides (1) for the acquisition of capacity in Wayne
County and City of Detroit sewage transportation facilities and
in City of Detroit treatment facilities to serve the OAKLAND
AND WAYNE LOCAL UNITS, (ii) for the constructionAWayne County
of additions to the Rouge Valley System, and the construction
by Detroit of interceptors and controls in its Detroit System,
(iii) for construction in Oakland County of additions to and
enlargements of the Huron-Rouge System, and (iv) allocates
capacity in and shares of cost of the additional facilities and
capacity and service rights (herein the "PROJECT"); and
WHEREAS, it appears both necessary and desirable for
Oakland County to enter into said Agreement representing the
City of Novi, City of Wixom and Charter Township of Commerce,
and the Evergreen and Farmington Systems municipalities, and in
said Agreement, with the County of Wayne, agree to acquire the
PROJECT and to construct the additional facilities, uzing to
the extent available, Federal grants and other funds as described
in the Agreement, and, with respect to the existing Huron-Rouge
• r t.
System, to provide for a transfer of capacity from the City of
Novi to the City of Wixom and Charter Township of Co:Amerce; and
WHEREAS, this Board of Comissioners has heretofore on
June 23, 1983, adopted Resolution No. 83166, and on November 17,
1983, adopted Resolution No. 83326, in which the Huron-Rouge
Sewage Disposal System, previously established as an Act 185,
Public Acts of Michigan, 1957, as amended, system, is re-
established, contained, maintained and operated as the Huron
Valley Wastewater Control System - Oakland County pursuant to
Act No. 342, Public Acts of Michigan, 1939, as amended, with the
County Drain Commissioner designated as county agency to act as
provided in said Act 342; and
WHEREAS, in said Resolution 83326 the HURON VALLEY
WASTEWATER CONTROL SYSTEM CONTRACT - OAKLAND COUNTY between the
County of Oakland and City of Novi, dated as of October 18, 1983,
(herein called "CONTRACT") was approved and the County Drain Com-
missioner was authorized to execute the same, attached to which
CONTRACT as Exhibit "A" is an Agreement entitled SERVICING AND
FINANCING AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF THE
NORTH ARM RELIEF INTERCEPTOR ROUGE VALLEY SEWAGE DISPOSAL SYSTEM
- WAYNE COUNTY-OAKLAND COUNTY-TOWNSHIP OF NORTHVILLE (herein
called "North Arm Relief Agreement") which the County Drain Com-
missioner was also authorized to execute on behalf of the County
o Oakland; and
WHEREAS, the PROJECT now proposed and described in the
Agreement constitutp the acquisition and financing in Wayne
County and Oakland County of new facilities as improvements,
enlargements and extensions to the existing facilities of the
previously established Huron-Rouge Sewage Disposal System and of
as of July 2 , 1984; and
its established successor Huron Valley Wastewater Control System,
both in Oakland CounLy, and to the existing facilities of the
previously established Rouge Valley Sewage Disposal System and
its North Arm Relief Interceptor, both in Wayne County, and in-
corpot-ates all of said existing facilities and new facilities
in a system to be designated NORTH HURON VALLEY-ROUGE VALLEY
WASTEWATER CONTROL SYSTEM, the acquisition and financing of which
will involve local funds to be paid by local units of government
in Oakland County and in Wayne County and the proceeds of Federal
and State grants, all as described in the Agreement, to be dated
WHEREAS, the acquisition of capacity in new and existing
facilities and construction of additional sewage disposal facili-
ties will protect the public health and welfare of the citizens
of Oakland County to be served thereby.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF OAKLAND COUNTY, MICHIGAN, as follows:
1. The Board of Commissioners of the County of Oakland,
Michigan, by a majority vote of its members elect, does hereby
rescind its Resolution No. 83166, adopted June 23, 1983, and does
hereby amend its Resolution No. 83326, adopted November 17, 1983,
and does authorize and direct that the Huron-Rouge Sewage Dis-
posal System heretofore established, under Act 185, Public Acts
of Michigan, 1957, as amended, and continued and maintained and
operated as the Huron Valley Wastewater Control System - Oakland
County be hereby established and be eularged, extended, con-
tinued, maintained and operated as a sewage disposal system
designated NORTH HURON VALLEY-ROUGE VALLEY WASTEWATER CONTROL
SYSTEM consisting of capacity in existing and new Wayne County
p.
and Oakland County Sewage disposal facilities necessary to supply
sewae disposal services presently to the City of Novi and in the
future when the PROJECT is completed, to the City of Wixom aiy:
Charter Township of Commerce, as well as to local units of govern-
ment in Wayne County and consisting of capacity in new interceptor
transportation and control capacity in the Detroit System for use
of the Evergreen and Farmington Systems of Oakland County and
the Rouge Valley System of Wayne County.
2. The County agrees to take such actions and to
exercise such powers and duties for financing and construction
in respect to the Agreement, the PROJECT and the several
Oakland County Systems as are conferred upon it by law
acting through the Oakland County Drain Commissioner, hereby
designated the County Agency, provided that there shall be no
authority to create any other or different liability of any kind
upon the County of Oakland beyond that described in the Agree-
ment, unless authorized by this Board of Commissioners, and pro-
vided that the operation, management and maintenance of all
existing and new facilities in Oakland County as described in
the Agreement, shall continue
3. The Board of Commissioners does hereby approve the
transfer of capacity in the Huron-Rouge Sewage Disposal System
and the Huron Valley Wastewater Control System - Oakland County,
and related sewage disposal facilities, to be acquired by the
City of Wixom and Charter Township of Commerce in accordance
with the provisions of a contract hereafter to be entered into
and the provisions of the Agreement between Wayne County and
Oakland County attached thereto.
as at present.
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4. Because the Board of Commissioners Resolution No. 83166,
adopted, June 23, 1983, is hereby rescinded, the contracts described
therein are hereby revoked and cancelled.
5. NORTH HURON VALLEY-ROUGE VALLEY WASTEWATER CONTROL SYSTEM,
Construction and Service Agreement, to be dated as of July 2, 19$4„ is
hereby approved and the Oakland County Drain Commissioner is hereby
authorized and directed to execute said Agreement on behalf of the County'.
of Oakland, when approval by the Oakland local units is completed. Said
Agreement is attached.
6L1-4_1:7)12
Planning and Building Committee
I kiERielY APPRCVL rCr::.01..)!NG RESOLUTION
T, MurpivitournfEx4ilutivi D416
STATE 0-1! ICH.EGAN )
) ss:
COUNTY (:). 0=AND )
1, 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
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by the Board of Commissioners at a Regular meeting held
on the 26thday of July , 1984, the original of
which is on file in my office.
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 2.6th day of July , A.D. 1984.
Oakland/County Clerk
NORTH HURON VALLEY-ROUGE VALLEY WASTEWATER CONTEDL SYSTEM
Construction and Service Agreement
THIS CONTRACT, made and entered into this , 2nd day of July ! 1984, by
and among the COUNTY OF WAYNE, a Michigan charter county corporation (here-
inafter referred to as "WAYNE"), the CITY OF LIVONIA, the CITY OF NORTHVILLE,
the CITY OF PLYMOUTH, the CITY OF DEARBORN HEIGHTS, the CITY OF WESTLAND,
the CITY OF ROMULUS, the CITY OF WAYNE, the CITY OF INKSTER, the CITY OF
GARDEN CITY, the TU4NSHIP OF REDFORD, the TOWNSHIP OF CANTON, the TIOWNSHIP OF
NORTHVILLE, the TIEWNSHIP OF PLYMOUTH, the TOWNSHIP OF VAN BUREN, all Michigan
public corporations located in the County of Wayne, State of Michigan,
(hereinafter sometimes referred to as the "WAYNE LOCAL UNITS"), and the
COUNTY OF OAKLAND, a Michigan county corporation (hereinafter referred to as
"OAKLAND"), representing the CITY OF NOVI, the CITY OF WIXOM, and the TCWNSHIP
OF COMMERCE, all Michigan public corporations located in the County of
Oakland, State of Michigan, (hereinafter sometimes referred as the "OAKL(ND
LOCAL UNITS"), all local units in Wayne and Oakland are sometimes hereinafter
referred to as the "LOCAL UNITS", or individually as a "LOCAL UNIT".
WITNESSETH;
WHEREAS, the County of Wayne has heretofore established the Rouge
Valley Sewage Disposal System (herein the "ROUGE VALLEY SYSTEM") to provide
interceptor sewers to serve the district defined in the resolution cretlin,i3
the system; WAYNE, acting by and through its Board of Public Works, eneiee_l
into a contract dated August 10, 1961, with the WAYNE LCCAL UNITS (hereinafter
the "BASIC CONTRAC2"); The BASIC CONTRACT provides for the acquisition of
certain exLing facilities and the construction of certain new intercoptor
sewer.-; for said ROUGE VALLEY SYSTEM to provide facilities for transpertin
specified portions of the sanitary sewage emanating from the WAYNE ILCAL
UNITS within the district for dLeposal through the treatment facilities of the
City of Detroit; and said contract further provides for the allocation of the
share of cost thereof to be borne by each of the WAYNE LOCAL UNITS anl by
WAYNE, and provids for the issuance of bonds by WAYNE, to provide fureT3 to
cover the cot of the ROUGE VALLEY SYSTEM, said bond,; being secured by the
full faith and credit pledge of each of the WAYNE LOCAL UNITS for the payment
of its allocated share payable as provided in the contract, and, further,
provides limitations as to rate of flow allowed each, for rates to be pod
for operation and maintenance, and ether details and matters in relation
thereto, said contract being fully executed by all parties as of August 10,
1961, and approved as required by law; and
WHEREAS, WAYNE and the CITY OF DETROIT Metropolitan Water and Sewer
System (herein "DETROIT") entered into an Agreement for Use of Certain Detroit
Sewers dated August 14, 1961, providing for the transportation of sewage for
treatment and disposal through the DETROIT facilities and, WAYNE and the
DETROIT entered into a Sewage Disposal Agreement dated August 15, 1961,
amended June 13, 1983 providing for the acceptance of sanitary sewage fran
the ROUGE VALLEY SYSTEM, and providing for WAYNE to pay DETROIT for services
rendered; and
WHEREAS, the County of Oakland has heretofore established the
Huron-Rouge Sewage Disposal System (herein the "HURON-ROUGE SYSTEM") to
provide sewage disposal services to areas in OAKLAND and has subsequently
enlarged said System, as evidenced by the Board of Conzissioner's Resolution
approving this Agreement, to include in the HURON-OUGE SYSTEM service
all of the CANLAND LOCAL UNITS as shown on Exhibit "A" hereto; and
WIFEEAS, WAYNE and OAKLALNID have heretofore eontracted for accepLar
by WAYNE ot sanitary sewage from the HURON-ROUGE SYTEM to be tranepo!-:ted
through the ROUGE VALLEY SYSTEM and the sewer facilities of DETROIT to th
Detroit Treatment Plant pursuant to the contract with WAYNE; and
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WHEREAS, WAYNE is the lead applicant and will make application for
Federal and State grants for the construction of facilities to enlarge and
extend the ROUGE VALLEY SYSTEM and the HURON-ROUGE SYS'ITA and to make enlarged
connection to the DETROIT facilities and to obtain enlarged treatment capacity
and services except that OAKLAND will obtain the Step 3 construction grant for
the improve:Rents to the HURON-ROUGE SYSTEM in OAKUM; and
WHEREAS, in order to obtain grants, and in order to enlarge and
extend the ROUGE VALLEY SYSTEM and the HURON-ROUGE SYSTEM and to provide to
the WAYNE LOCAL UNITS and the OAKLAND LOCAL UNITS additional facilities,
capacities and treatment rights for the transportation and treatment of
sanitary sewage emanating from the service areas of said SYSTEMS in the
jurisdictions of said LOCAL UNITS, it is necessary that WAYNE and the WAYNE
LOCAL UNITS and OAKLAND on behalf of its OAKLAND LOCAL UNITS, enter into this
Agreement for construction of and service by the facilities herein described,
particularly by reference to the Exhibits hereunto attached and by this
reference incorporated in this Agreement, all of which additional facilities,
capacities and treatment rights are herein called the "PROJECT"; and
WHEREAS, it is immediately necessary and imperative for the public
health, safety and welfare of the residents of the Above-mentioned cities and
townships that adequate and proper additional sewage disposal facilities be
acquired and constructed to serve said cities and townships or parts thereof;
and
WHEREAS, WAYNE acting through its Department of Public Works undnr
the provisions of Act 185, Public Acts of Michigan, 1957, as amended, and
OAKLAND acting through its County Drain Commissioner under the provisions of
Act 342, Public Acts of Michigan, 1939, as amended, each have power by contrc-
ting with their respective LOCAL UNITS and with DETP,31T and with each otheL- to
acquire, construct, finance, improve, enlarge, extend, and operate s',1cL a
PROJECT; and
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WHREAS, the above statOte*.p2ovide in the opinion of WAYNE, OAXU,ND
and the LOCAL UNITS the fairest and most equitable means of acquiring the
PROJECT so vitally necessary for the public health, safety and welfare () the
residents of the Counties and of the LOCAL UNITS within the area to be served;
and
WHEREAS, WAYNE, through its Department of Public Works, has uridere
taken to prepare descriptions of the PROJECT, allocations of capacities aed
service rights and cost estimates for the propo:sed additional facilities
necessary adequately to serve the LOCAL UNITS or portions thereof located
within the service area; and
WHEREAS, GARLAND and the LOCAL UNITS are fully advised as to the
descriptions of the PROJECT, allocations of capacities and service rights and
cost estimates; and
WHEREAS, in order to obtain Federal grants and to construct the
PROJECT and to deliver sewage disposal services therefrom it is necessary that
WAYNE, GARLAND and the LOCAL UNITS enter into this Agreement:
NOW, THEREFORE, in consideration of the promises and the covenants of
each other, ther parties hereto agree as follows:
1. The parties hereto approve the construction of the PROJECT
and the providing of services therefrom in the Counties of WAYNE and OAKLAND.
The PROJECT shall serve an area in WAYNE and OAKLAND, as described in Exhibit
"A," hereto, by construction of the facilities described as the PROJECT on
Exhibit "P" hereto. All existing facilities, allocated capacities and treat-
ment rights of the ROUGE VALLEY SYSTEM, as referenced in the BASIC CONTRACT;
the existing facilities, allocated capacities and treatment rights of the
HURON-ROUGE SYSTEM; and the additional facilities, allocated capacities and
treatment rights of the PROjECT, as shown on Exhibits "B", "C" and "F" hereto,
are hereby minbined by approval and/or execution of tni:.; Agreement by T;;AYNE and
OAKLAND an the LOCAL UNITS in to one system which shcAl be known as THE CYH
HURON VPLU:Y-ROUGE VALLEY WASTENATER CONTROL SYSTEM, hereinafter referred to as
the "SYST1:1". The "BASIC CONT:Q=" for the ROUGE VALLEY SYSTEM and the
contracts for the HURON-ROUGE SYSTEM shall remain in full force and effect
among the parties thereto except as amended hereby.
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2. The PROJECT shall be constructed as hereinafter provided in three
segments. Such segments and the facilities to be constructed withih each
segment are described in Exhibit "F" attached.
3. The parties hereto approve the total estimated cost of the entire
PROJECT, the cost of each segment set out above and the allocation of the
costs of the PROJECT by percentages and in the estimated dollar ameunts, all
as set forth in Exhibit "E" hereto. Said estimated costs include or exclude
the items described in said Exhibits.
4a. It is anticipated by the parties hereto that the PROJECT to be
constructed will qualify for a segmented Federal grant in accordance with the
Code of Federal Regulations, Part 40 35.2108 (40 CFR 35.2108). For purposes of
financing the PROJECT, it is anticipated that the PROJECT will be eligible for
Federal grants with respect to Segment 1, Segment 2 and Segment 3, in amounts
indicated by the difference between the "Project" and "total" amounts shown on
Exhibit "E", with the possible exceptions of Elements 6B and 78 of Segment 3, as
shown on Exhibits "F" and "E". All parties hereby agree that the PROJECT shall
be completed as required by the provisions of said 40 CFR 35.2108, as now or
hereafter in effect. The LOCAL UNITS to this Agreement shall be obligated to
participate in the financing of the PROJECT and be liable for payments due for
the construction of all grant eligible segments of the PROJECT until all grant
eligible segments of the PROJECT are financed, constructed and placed in
service, even if Federal funds are not available.
4b. It is the understanding of the parties hereto that in the event
that any components or elements of the PROJECT are declared to be ineligible for
a federal grant then the LOCAL UNIT or UNITS involved must pay to construct the
said components or elements at their own expense, and the other parties to this
Agreement shall participate in a proportionate share of the non-feder,A grant
share of the costs of construction of the facility equivalent to the local
share costs in accordance with this agreement. The LOCAL UNIT or UNIT:;
parti,,:ipatc and pay to complete construction of these elements or cur.poEents
within the time frame for construction of the PROJECT contemplated by this
Agreem:::nt; otherwise, the obligation of the other parties to this paregreeh 4b
is void.
as
5. The parties to this Agreement will cooperate and will timely
take whatever action is necessary so as to meet their obligations und er this '
Agreement.
6. WAYNE shall, forthwith, enter into negotiations to amend the
aforemontioned existing Rouge Valley Sewage Disposal and Sewer Use A"frlients
with the City of Detroit relating to the transportation and treatilent at •age
from the area to be served by the PROJECT. WAYNE shall request tnat the
Federal District Court, it it continues to exercise control of the Dotroit
Sewage Disposal System through its receivership, (See Federal Distric Court
Case No. 771100), review and approve these amended Agreements. WAYNE shall
notify all the appropriate parties to the aforementioned lawsuit, including
but not limited to the Michigan Department of Natural Resources and the
Federal Environmental Protection Agency, of the submittal of the amended
Agreements to the Court.
7. WAYNE and OAKLAND will acquire and construct the portions of the
PROJECT within their respective jurisdictions, and will cause bids to be taken
for such acquisition and construction and will cause contracts to be executed,
resolutions adopted and other actions taken necessary to finance the PROJECT.
WANE and OAKLAND, with the consent of all LOCAL UNITS, may hereafter agree,
by amendment to this Agreement, to substitute another public corporate entity
or agency in place of each County and to delegate thereto all powers, duties,
and functions of each County created pursuant hereto or pursuant to law. In
no event will any construction contract be entered into for the acquisition of
any component or segment of the PROJECT prior to receipt of cash payments or
the sale of bonds necessary for the financing of that component or segment of
the PRO,3,2T.
8. The PROJECT shall be acquired and become additions to the SYSTEM
in accordance with Facilities Plans approved by Michigan Department of Natural
Resources (herein the "TNR"), and United States Environmental Protection
Administration (herein the flUSEPA"), and as described in the applicatis for
grants and in the Exhibits approved by this Agreement. The PROJECT Fhal be
acquired and constructed substantially in accordance with the final plans and
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specifications and cost estimates to be prepared and submitted by the consult-
ing engineers, but variations therefrom during construction which do not
materially change the location, capacity, or overall design of the PROJECT,
and which do not require an increase in the final estimated cost of the
PROJECr, may be permitted on the authority of WAYNE or OAKLAND, aa applicable.
Other variations or changes may be made as approved by WAYNE or 0A7,<L7 ND, as
applicable, aad by resolutions of the governing bodies of the DOCAL UNITS
affected, a )rovided in Paragraph 30 hereof. But in no event shall any
change reduce the capacities of each party to the Agreement as set forth in
Exhibit "C". All matters relating to engineering plans and specifications,
together with the making and letting of final contracts for acquisition and
construction of the PROJECT, the approval of the work and materials therefor,
and construction supervision, shall be under the exclusive control, of WAYNE
as to those facilities in Wayne, and under the exclusive control of OAKLAND as
to those facilities in Oakland.
9. The LOCAL UNITS, by way of compliance with Section 29, Article
VII, Michigan Constitution of 1963, consent and agree to the establishment and
location of the PROJECT and any extension, improvement, or enlargement thereof,
within their corporate boundaries and to the use by WAYNE and OAKLAND, as
applicable, of their streets, highways, alleys, lands, rights-of-way, or other
public places for the purpose and facilities of the PROJECT and any improvement,
enlargement or extension thereof, and the LOCAL UNITS further agree that in
order to evidence and effectuate the foregoing agreement and consent, they
will execute and deliver to WAYNE or OAKLAND, as applicable, such grants of
easement, right-of-way, license, permit or consent as may be requested by
WAYNE or OAKLAND. The parties hereto acknowledge that the exact location of
the facilities to be constructed has not been determined, therefore, WAYNE
or °ARLAND, as applicable, agree that prior to the advertisement of bids
for construction of all or part of the PROJECT, that plans and srecifications
showing the location of the PROJECT to be constructed shall be su'amitted to
the LOCAL UNIT where the facilities are to be constructed for their review and
conment.
All rights of way, permits or licenses necessary for the Project are
project costs. Local °amenities will not be required to make dire c t purchase
of rights of way for the Project.
^ 7
10. For the term of this Agreement, all WAYNE and OAKLAND LOCAL UNITS
hereby agree to transmit to the SYSTal all wastewater collected within their
boundaries in the Service Area, Exhibit A, except as provided in paragraph
12, at reception points in the SYSTEM designated by WAYNE or OAT.<LAND, and
WAYNE agrees that the SYSTEM shall accept, treat and dispose of such wastewater.
WAYNE and OAKLAND agree that all LOCAL UNITS shall retain the right to deliver
wastewater in amounts, as set forth on Exhibit "C", to the SYSTEM for the term
of this Agreement, including any extension thereof, so long as OAKLAND and
said LOCAL UNITS shall continue to pay amounts specified herein for such
service. Neither OAKLAND nor any LOCAL UNIT shall have the right unilaterally
to terminate or reduce such payments, but if such parties hereto shall breach
such obligation, WAYNE shall be authorized to terminate or reduce such delivery
rights or to transfer such delivery rights to other public corporations,
whether a party hereto or not, subject to the provisions of paragraphs 13 and
34.
11. The parties hereto agree that WAYNE will be responsible to
operate, maintain and administer the facilities located within Wayne, and
OAKLAND will be responsible to operate, maintain and administer the facilities
located within Oakland, and DETROIT will be responsible to operate, maintain
and administer the facilities within the City of Detroit. OAKLAND and the
WAYNE LOCAL UNITS will pay WAYNE the costs of the operation, maintenance and
administration of facilities within WAYNE and the costs charged to WAYNE by
DETROIT for the operation, maintenance and aiministration of facilities located
within the City of Detroit. WAYNE and OAKLAND will cause the SYSTEM, to be
operated, maintained and administered on the basis of sound public utility
operational procedure and in compliance with contractual and legal obligations
applicable thereto. WAYNE AND OAKLAND will each use its best efforts to keep
all facilities of the SYSTEM in proper repair and working order. However,
*
14A7N1. shall not be liable to any LOCAL UNIT or to OAKLAND, or any inCtividual
user therein, for any interruption in service over which WAYNE hen no control.
WAYNE and OAKLAND will oDmply with all applicable federal, state and local
regulations relative to the SYSTEM'S construction, operation and maintenance.
8
12. The parties hereto agree that the PROJECT is itmrezldiately
necessary to preserve and protect the public health. The parties further
agree, however, that the PROJECT, is intnded to serve the LOCAL UNITS in the
Service Area and not individual users therein, unless by special aT.eement
between WAYNE or OAKLAND and a LOCAL UNIT wher2ein a user is located. WAYNE
and OAKLAND shall place upon the LOCAL UNITS the obligation to require
connection to available sewer facilities, and, to the extent permitted by law,
to prohjJ)it the acquisition or maintenance within the Service Area of any
public sanitary sewer or public or private sewage disposal facilitieF which do
not connect to the facilities of the SYSTEM, except by specific written
approval of WAYNE and OAKLAND. The responsibility for collection of wastewater
and delivering the same to the SYSTEM shall be that of OAKLAND and each WAYNE
LOCAL UNIT. The WAYNE LOCAL UNITS shall cause to be constructed and maintained,
in accordance with regulations of WAYNE, their local collector facilities, and
OAKLAND shall place a similar responsibility upon the OAKLAND LOCAL uNrrs based
upon regulations of OAKLAND which shall conform to and be at least as stringent
as regulations of WAYNE. WAYNE and OAKLAND shall not be obligated to serve
areas outside of the Service Area or to construct facilities other than those
described above, but WAYNE or OAKLAND may, with the approval of the other,
agree to serve areas outside of the Service Area, so long as the rights of the
parties hereto are not infringed upon, any revenues from such service outside
of the Service Area to inure to the benefit of the system and appropriate
buy-in payment to the SYSTEM shall be arranged, providing further, that service
to any LOCAL UNITS or area outside the Service Area does not result in either
OAKLAND, the WAYNE LOCAL UNITS or the OAKLAND LOCAL UNITS exceeding their
contracted right to delivery allocation, as set forth in Exhibit "C". If the
projected capacities set forth in Exhibit "C" cannot be accomrodated by the
SYSMM, when it is completed and put in operation,the affected LOCAL UNIT shall
have thc option to utilize any other sewerage sytem available to it.
133. In the event that OAKLAND, OAKLAND LOCAL UNITS or Tif,YNI.: LOCAL
UNITS desire to sell rights to deliver wastewater acquired under this Agreement,
WAYNY, shall apply the following:
1. The LOCAL UNIT desiring to sell rights to deliver wactewater
must retuin sufficient rights to serve their community for
the next twenty (20) years.
2. Rights to deliver wastewater acquired under this Agt .oment
cannot be conveyed until the LOCAL UNIT has utilized or com-
mitted to use the rights obtained under the BASIC CONTRACT.
3. The LOCAL UNIT desiring to convey any rights to deliver
wastewater acquired under this Agreement must first offer to
the other LOCAL UNITS, except the Cities of Romulus, Plymouth
and Northville, WAYNE and Institutions (which have not acquired
any rights to deliver wastewater under this Agreement) the right
of first refusal to acquire the rights proposed to be conveyed.
4. After the exhaustion of the right of first refusal outlined
herein, communities who were signatories to the BASIC CONTRACr
i.e., Cities of Romulus, Plymouth, Northville, WAYNE, and
institutions may acquire rights to deliver wastewater from
other LOCAL UNITS.
5. Communities who have rights to deliver wastewater under the
BASIC CONTRACT and who have not acquired rights to deliver
wastewater under this Agreement may convey and acquire
rights to deliver wastewater in accordance with the provisions
of the BASIC CONTRACT subject to meeting the criteria of 1 above.
6. Notice of such proposed conveyance, together with all relevant
details thereof, shall be sent to WAYNE, OAKLAND and all
LOCAL UNITS by certified mail and unless within forty-five
(45) days after such mailing WAYNE, and OAKLAND if involved,
Shall have sent to the conveying LOCAL UNIT written refusal
of consent, or any LOCAL UNIT shall have sent to the conveying
LOCAL UNIT written offer to take such conveyance on terms
agreed upon as hereinafter provided, the conveying LOCAL
unit may make such conveyance.
7. If any LOCAL UNIT desires to secure the rights proposed to be
conveyed, then in that event, the terms of such conveyance
shall be mutally agreed upon by the conveying party, the
requesting party and WAYNE, and OAKLAND if involved.
8. If more than one LOCAL UNIT elects to take up such proposed
conveyance, the conveying LOCAL UNIT may negotiate with each
LOCAL UNIT so electing.
9. Any conveyance as provided for in this Agreement shall not occur
until approved by WAYNE (and OAKLAND when involved) as to the
community receiving the rights, payment arrangements and amounts.
WAYNE and OAKLAND shall not unreasonably withhold their approval.
13b. It is further agreed that WAYNE shall approve the appropriate
payment tor the rights to be conveyed and shall take into account the fair share
of each LOCAL UNIT's financial contribution to planning, engineering, capital
and financing costs of the ROUGE VALLEY SYSTEM, the ELTROti-PECGE SYSTEM and the
PROJECT, and the methods by which these costs were originally determined as
shown on Exhibit "G", before approving any assignment of rights hereunder.
Refunds or credits to Da:Au UNITS not directly involved in an assignmnt may be
included in the approved payment arrangements if deuced appropriate y WAYNE.
- 1 1 -
14. All parties hereto recognize that WAYNE will be respohiJible to
supervise the operation of the facilities of the SYSTEM located in Wayne County
and OfkKIAND will be responsibile for those facilities located in OaUand (7ounty
on a non-profit basis to: the benefit of the users and WAYNE and OAKLAND each
is without funds to finance, operate or maintain the SYSTEM, except as to those
funds obtained from grants or from the beneficial users of the SYSTEM, namely -
the LOCAL UNITS. Therefore, in no event shall WAYNE or OAKLAND or the Gneral
Fund of either be charged with or liable for the cost of operating, maintaining
and administering these facilities of the SYSTEM. The WAYNE LOCAL UNITS and
OAKLAND, on behalf of the OAKLAND LOCAL UNITS, shall pay to WAYNE such charges
for use of these facilities of the SYSTEM in Wayne County ("Rates") as shall be
sufficient to provide for the payment of all costs of operating, maintaining and
administering the same. Rates shall reflect not only current cost experience,
but shall also recognize reasonably estimated cost levels during any period for
which such Rates are applied, and may include charges paid to other systems for
services provided by such other systems. Rates may be adjusted by WAYNE from
time to time to meet the foregoing costs. Operation and maintenance expenses
shall include such amounts as in the judgment of WAYNE are necessary to pay for
any losses or legal expenses arising from the operation and maintenance of the
facilities of the SYSTEM, including repair and replacement of SYSTEM equipment,
accessories, or appurtenances necessary to maintain the capacity and performance
for which the facilities were originally designed and constructed. In addition
thereto, the Rates shall include such amounts as are necessary to pay similar
expenses incurred with respect to construction of improvements made to _these
facilities of the SYSTEM. The funds obtained by WAYNE from Rates shall only be
used for purposes necessary to the operation, maintenance, administration and
repair ot replacement of the facilities as originally . designed and constructed.
Rates charged by OAKLAND, including the Rates to be paid to WAYNE shall be set
pursuant to contracts among OAKLAND and the OAKLAND LOCAL UNITS.
15. OAKLAND and WAYNE LOCAL UNITS shall pay WAYNE monthly in accor-
dance with the Schedule of Rates established by WAYNE. The monthly plymnis
shall be accompanied by a rcport on forms provided by WAYNE. The payment and
the report are due within forty-five (45) days after the month of service.
The WAYNE LOCAL UNITS and OAKLAND agree to pay Rates promptly, without reduc-
tion, without regard to whether or not charges for the use of the SYSTEM have
been collected from individual users within their respective units, and without
regard to any failures of the SYSTEM. Any such Rates unpaid within forLy-five
days from the month of service shall be subject to a late charge of 1 and 1/2
percent of each month or fraction thereof, for which such Rates remain unpaid.
the payment of such Rates by the WAYNE LOCAL UNITS, and OAKLAND shall be a
general obligation of such parties, and WAYNE shall have the right to utilize
any method permitted by law for collection of such Rates.
16. Each LOCAL UNIT shall adopt a User Charge system with respect to
individual users which complies with the rules and regulations promulgated by
WAYNE and the USEPA. The User Charge system of each LOCAL UNIT will be based
upon the quantity of wastewater delivered to the SYSTEM for treatment, together
with surcharges to be applied to individual users whose discharges of specified
pollutants exceed a specified strength as provided in paragraph 21 hereof.
WAYNE shall prepare schedules specifying pollutants and discharges to be
subject to surcharge and defining normal loadings with respect to specified
pollutants. The LOCAL UNITS recognize that their individual User Charge
systems shall be subject to applicable USEPA User Charge rules and regulations
and shall establish charges to be collected from individual users in amounts
sufficient to pay its Rates to WAYNE when due. There is reserved to all LOCAL
UNITS the right to fix charges to their individual users in such amounts as
will produce additional moneys which may be used by the LOCAL UNITS for any
lawful purpose relating to sewage disposal services rendered by then on behalf
of their own individual sewage disposal systems. OAKLAND shall contr act with
the OAKLAND LOCAL UNITS to insure that such OAKUAND LOCAL UNITS abice by the
provisions of this Agreement.
17. The parties hereto agree that there shall be established a
permanent Rate Review Curnittee ("Counittee") for the purpose of assisting
WAYNE in efficiently operating, maintaining and administering the Sytom for
the benefit of the partieei n?reto. The Committee shall consist of an appointee
from each LOCAL UNIT, WAYNE and OAKLAND and shall be provided with such
clerical and secretarial personnel and such other funds as may reasonably be
required to carry out its functions. The Rate Review Committee will serve
without oompensation, except that reimbursement of expenses may be provjded.
These costs shall be included in the Rates and considered a cost of the
administration of the csial]m as a whole. The Committee shall have access to
the books, records and financial reports of the YSTEM. WAYNE shall annually
submit for approval to the Committee the projected budget for the SYS 11E:4,
set ing forth in such detail as the Committee shall request projected costs
of operating, maintaining, administering and paying all expenses of the
SYSTEM. Should a dispute arise between WAYNE and the Committee relative to
such budget, either as a whole or in any part, such dispute shall be sdomitted
for final resolution to whatever agency in WAYNE shall be authorized by law to
make final determinations as to the Rates of the SYSTEM. WAYNE shall, as part
of the operation and administration of the SYSTEM, select an outside auditor
to conduct an annual audit. The results of the annual SYSTEM audit shall be
transmitted to each LOCAL UNIT, OAKLAND and the Committee. The outside
auditor selected will be chosen for a period of not less than three (3)
consecutive years, nor more than eight (8) consecutive years. Prior to
initiating an audit selection process, the Committee will be notified by WAYNE
and requested to submit within thirty (30) days the names of a minimum of
three (3) firms of outside auditors acceptable to OAKLAND and the LOCAL UNITS.
The names of auditors recommended by the Committee will be included by WAYNE
with other outside auditors in the selection process leading to the naming of
the outside auditor. WAYNE shall develop a scope of work with respect to the
annual audit and shall include within said scope of work the reasonable
requests submitted by the Committee. WAYNE will then request the quelaied
outside auditors named by KAYNE and the Committee to submit proposals to
perform the annual audit WAYNE will select a minrit of three (3) prepesals
from outside auditors who names will be submitted to the Committee, ,71,1 the
Committee will have thirty (30) days to register any objection to WAY with
respect to those auditors selected prior to final selection by WAYNE.
l8. WAYNE shall establish general SYSTEM use rules an6 regulations
consistent with 33 USC 1251, etc., (the Federal Clean Water Act) and the USEPA
rules and regulations controlling the quantity and quality o!: the discharge of
the users to the SYSTE:. Nothing herein shall prohibit WAYNE frool establishing
rules and regulations more stringent than those required by th3 .Lloresaid Act,
if, in the judgment of WAYNE, stricter rules and regulations arc necessary to
protect the integrity of the SYSTEM. Further, OAKLAND and each LOCAL UNIT
agree to enforce such rules and regulations as WAYNE shall from time to time
adopt.
19. Except with respect to those areas within the Service Area being
served at the time of the execution of this Agreement by combined sewers,
which areas may continue to be served by existing combined sewage facilities,
WAYNE shall prohibit the connection either directly or indirectly of storm
water sewers to the SYSTEM and shall further prohibit and prevent as nearly as
is practicable the introduction of storm water into the SYSTEM. It shall be
WAYNE'S and OAKLAND'S responsibility to monitor the SYSTEM to carry out the
prohibition and prevention of the entry of storm waters into the SYSTEM. Each
LOCAL UNIT by the adoption of the required ordinances, shall comply with
WAYNE'S regulations in this regard. OAKLAND will impose similar requirements
with respect to the OAKLAND LOCAL UNITS.
20. WAYNE shall have the right to deny to any LOCAL UNIT or OAKLAND
the use of the SYSTEM, should such LOCAL UNIT or OAKLAND be delinquent for a
period of 90 days in payment of any of the charges due from it to WAYNE
hereunder, such denial to continue until such delinquency ceases. The foregoing
shall be accomplished by WAYNE by any lawful means.
21. Each LOCAL UNIT, and OAKLAND, shall be responsible for the
character of the wastewater originating within its boundaries, and shall comply
with the standardF,, rules and regulations controlling discharge of wastewater to
the SYSTEM, specifically industrial and/or commercial wastes as adopted and
- 15 -
imposed by DETROIT and WAYNE. Each LOCAL UNIT and OAKLAND, by contract or by
the adoption of appt.:spriate ordinances, shall enforce such rules and regulations
and shall provide for and collect appropriate surcharges. the character of
wastewater trannitted from any LOCAL UNIT or OAKLAND shall be such that it
imposes an unrcasbnale additional burden upon the SYSTEM, and a surcharge over .
and above the regular Rates shid be eslished by DEMOIT fur the receipt of
such discharge, or if such di.scharg cannot be received by the SYSTEM, WAYNE may
pass on such surcharge or require that such discharge be pretreated before
transmission to the SYSTEM. If necessary, WAYNE and DETROIT shall have the
right for the protection of the SYSTEM and the public health or safety, to deny
discharge of wastewater to the SYSTEM, and WAYNE and DETROIT may take all steps
necessary to accomplish such denial.
22. WAYNE and OAKLAND each agree to finance the PROJECT in accor-
dnce with any lawful means available to it. WAYNE and OAKLAND each will take
the following general steps:
(a) WAYNE will submit to its Commission and Oakland will submit
to its Board of Commissioners, at appropriate times, resolutions or
ordinances providing for the issuance of bonds necessary to finance
the various phases of the PROJECT, and will request that the limited
tax full faith and credit of each county be pledged as secondary
security for all such financings by each county. After due adoption
of the appropriate resolutions or ordinances, WAYNE and OAKLAND each
will take all necessary or legal procedures and steps to effectuate
sale and delivery of the bonds at the lowest possible cost. ihJAYNE
will apply for and make appropriate use of all available federal
grants to pay for a part of the cost of the PROJECT, and OAKLAND will
pay WY NE for its pert of the cost of the PROJECT to be constructed
by WAYNE.
(b) WAYNE will take all steps necessary to take bids for
and enter into final construction contracts for the acquisition
and construction of the facilities of the PROJan in Wayne County
- 16 -
as specified and approved in this Agreement, in accordance witn
the plans and specitications therefor as approved herein.
Said contracts shall specify completion dates presntly
estimoted to be as follows:
Segment 1: June, 1987.
Segment 2; June, 1988.
Segment 3: June, 1989.
(e) WAYNE will require and procure from contractors under-
takinc.5 the actual construction and acquisition of the said facili-
ties in WAYNE, necessary and proper bonds to guarantee the perfor-
mance of such contract or contracts and six, labor and material
bonds as may be required by law, in amounts and in such forms
as may be approved by WAYNE.
(d) OAKLAND will take the same steps as WAYNE, as set forth
in subsections (b) and (c) above, in constructing the facilities
in the Project to be located in OAKLAND to be a part of the
SYSTEM.
(e) WAYNE will upon receipt of the proceeds of sale of the
bonds, federal grant funds and cash payments comply with all
provisions and requirements provided for in this agreement,
any grants and any bond resolution and in other applicable
regulations relative to disposition and use of the proceeds of
such funds.
(f) WAYNE may temporarily invest any bond proceeds or
other funds held by it for the benefit of OAKLAND and the
LOCAL UNITS as permitted by law, and investment income shall
accrue to and follow the fund producing such income. Neither
WAYNE, OAKLAND or the LOCAL UNITS shall invest, reinvest, or
accumulate any moneys deemod to be proceeds of bonds pursuant
to Section 103(c) of the Internal Revenue code of 1954, as amended,
and the applicable regulations thereunder, in such a manner as to
cause the bonds to be "arbitrage bonds" within the meaning of said
Section 103(c) and the applicable regulations thereunder.
(9) OAKLAND and the LOCAL UNITS hereby agree that they
will ewoly with all state and federal requirerc.ents in connection
with grants to be secured to pay a part of the cost of the SYSTEM,
inclug specifically the e:Aablishment of app:o:;riate User Cha:ge
and indu.strial cost recovery syst.as and the adoption of an appro-
priate sewer use ordinance, in accordance with prescribed timetables.
23. OiT<LAI`,IrD agrees that it will timely use any available legal means
to finance that portion of the PROJECT located in OAKLAND and its share of the
obligations to WAYNE and or DETROIT. OAKLAND further agrees to take such
actions as are necessary to have cash available for payment to WAYNE in a timely
manner. The required payments by OAKLAND to WAYNE shall be either in a lump sum
or as called for by WAYNE in accordance with construction schedules. However,
any amounts paid by OAKLAND to WAYNE shall be invested by WAYNE to the extent
possible, and the interest thereon shall accrue to the account of OAKLAND.
WAYNE will not enter into any construction contracts for the SYSTEM until
financing is arranged by OAKLAND and the proceeds are available to assure
payment of its obligations to WAYNE.
24. It is understood and agreed that WAYNE and the WAYNE LOCAL
UNITS will timely use any available legal means to finance their share of that
portion of the PROJECT located in WAYNE and their share of the obligations to
DETROIT. As other costs and expenses accrue to WAYNE from handling of the
payments made by the WAYNE LOCAL UNITS, or from other actions taken in connec-
tion with financing, WAYNE shall notify said WAYNE LOCAL UNITS of the amount of
such fees and other costs and expenses, and said WAYNE LOCAL UNITS shall,
within thirty 313) days from such notification, remit to WAYNE sufficient funds
to meet such fin.7,ncing fees and other costs and expenses in Which WAYNE may, at
its option, include bond handling costs, bank letters of credit expenses and
other Charges. The percentage share of each LOCAL UNIT of such costs and other
expenses in conriection with financing shall be in proportion to its debt service
payments.
- 18 -
25. Eech WAYNE LOCAL UNIT, pursuant to authorization of Michigan law,
hereby irrevocably pledges its full faith and credit for the prompt and timely
payment of all of its obligations as expressed in this Agretv:Ient. Pursuant
to such pledge, if other funds are not available, the WAYNE LOCAL UNIT shall
be required to pay such amounts from any of its general funde as a first budget
obligation and shall each year levy an ad valorem tax on all the taxable pro-
perty in the LOCAL UNIT in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay such obligations
becoming due before the time of the following year's tax collections, such
annual levy, however, to be subject to applicable charter, statutory and
constitutional tax limitations. The debt service portion of the foregoing
commitment of each WAYNE LOCAL UNIT is expressly recognized as being for the
purpose of providing funds to meet contractual obligations as set out herein
in anticipation of which the financing hereinbefore referred to is arranged.
Nothing herein contained shall be construed to prevent any WAYNE LOCAL UNIT
from using any, or any combination of, means and methods for the purpose of
providing funds to meet its obligations under this agreement, and if at the
time of making the annual tax levy there shall be other funds on hand ear-
marked and set aside for the payment of the contractual obligations due prior
to the next tax collection period, then such annual tax levy may be reduced by
such amount.
26. Any WAYNE LOCAL UNIT may pay in advance any of the payments
required to be made by this Agreement, in which event WAYNE shall credit the
appropriate WAYNE LOCAL UNIT with such advance payment of future-due obliga-
tions to the extent of such advanced payment.
27. In the event any WAYNE LOCAL UNIT party hereto shall fail for
any reason to pay to WAYNE at the times specified herein the amounts required
to be paid by the provisions of this agreement, for rates or for its share of
the costs of the PROJECT, WAYNE shall immediately give notice of such default
and the amount: thereof, in writing, to the LOCAL UNIT Treasurer, the Wayne
- 19 -
County Treasueee, the Treasurer of the State of Michigan and such other
officials charged with disbursement to such party of funde returned by the
State and now or hereafter under Michigan law available for pledge as provided
in this paragreph, and if such default is not corrected within ten (10) days
after such notificetion, the State raeaeurer, or other eL -priate official
charged with disieersEuent to the party of the aforesaid fundi, is, by these
presents, specificelly authorized by the party, to the cxt_unt permitted by
law, to withhold from the aforesaid funds the maximum aReellit neeessary to cure
said deficit and to pay said sums so withheld to WAYNF-:, to apply on the
obligations of the pacty as herein set forth. Any such moneys so withheld and
paid shall be considered to have been paid to the party within the meaning of
the Michigan Constitution and statutes, the purpose of this provision being
voluntarily to pledge and authorize the use of said funds owing to the party
to meet any past-due obligations of the party due under the provision of this
Agreement. In addition to the foregoing, WAYNE shall have all other rights
and remedies provided by law to enforce the obligations of the party to make
its payments in the manner and at the times required by this contract, includ-
ing the right of WAYNE to direct the party to make a tax levy or rate increase
to reimburse WAYNE for any funds advanced. No party shall take any action to
reduce the right of WAYNE to receive the aforesaid state-returned moneys in
the event of default. OAKLAND shall include this same paragraph in its
contracts for financing and/or service with the OAKLAND LOCAL UNITS, and
OAKLAND hereby guarantees timely payment by the OAKLAND LOCAL UNITS of rates
payable by any of them to WAYNE through OAKLAND.
28. It is specifically recognized by all WAYNE LOCAL UNITS that any
payments required to be made by them pursuant to the terms of paragraph 24 and
paragraph 25 of this Agreement may be pledged for and used to pay the principal
of and interest on bonds or other financing by WAYNE as provided by this Agree-
ment and authozed by law, and said WAYNE LOCAL UNITS covenant and agree
that they will make all required payments to WAYNE promptly and at the times
- 20 -
specified herein without regard to whether the PROJECT is actually completed
or placed in operation. In the event a LOCAL UNIT fails to make its required
payments of the cost of con struction of the PROJECT, WAYNE may incorporate
the LOCAL UNIT'S allocated costs and any costs incurred because of such non-
payment into the Rates charged said D)7AL UNIT as a debt service charge. Each
LOCAL UNIT hereby agrees to pay such charges without reduction. OAKLAND agrees
to enforce this condition as a part of its contract with its LOCAL UNITS.
29. The Allocation of PROJECT Costs Based on Estimated Dollars
attached hereto as Exhibit R E" is based upon an estimate of construction, legal,
administration, engineering and contingency costs using 1985 projection of
construction costs as the inflation factor (herein BASE COSTS) and said estimate
does not include other elements of costs involved in issuing bonds (herein
FINANCE COSTS). The addition of the FINANCE COSTS, as applicable and when
determined, will be affected by cash payments, capitalized interest and other
elections and options available to each LOCAL UNIT, as finally chosen by it.
FINAL ESTIMATED COSTS of the PRCUECT, as actually determined by construction
contract bids, are the amounts each LOCAL UNIT has obligated itself by this
Agreement to pay in accordance with the allocated percentage set forth on
Exhibit "D". The actual method of financing by both WAYNE and OAKLAND, and the
LOCAL UNITS, will be hereafter determined as permitted by law and as set forth
in contracts or agreements supplementary hereto, which contracts or agreement
each LOCAL UNIT and WAYNE and OAKLAND hereby irrevocably agree hereafter to
execute, deliver and carry out, when necessary, to evidence the obligation of
each LOCAL UNIT and OAKLAND to pay its share of FINAL ESTIMAT1 ,D COSTS, and when
applicable, of FINANCE COSTS.
30. If the actual cost of any portion of the PROJECT shall exceed
the FINAL ESTI%ATED COSTS based on construction contract changes, whether as
- 21 -
the result of variations or changes made in the approved plans or otherwise,
then (without execution of any further agreement or amendev,!nt of this Agree-
menz) additional V,AYNE financing of the sane security (uEon the adoption of an
authorizing resolution therefor by the Wayne County Com-mission) shall be
created and OAKLAM) cash payments shall be made to defray such increaLad or
excess cost, to the eatent that funds therefor are not available from other
sources: Provided, however, that no such increase or excesn shall be approved
and no such increase or additional WAYNE financing shall he authorized to be
created, nor shall WAYNE enter into any further construction contract changes
for acquisition or construction of the PROJECT or any part thereof or incur any
obligation for or pay any item of cost therefor, where the effect thereof
would be to cause any LOCAL UNIT'S cost of any portion of the PROJECT to exceed
by more than 10% the total FINAL ESTIMATED COSTS to such LOCAL UNIT as previ-
ously approved, unless the governing body of OAKLAND and of the affected LOCAL
UNIT shall have first adopted a resolution approving such increase or excess
and agreeing that the same (or such part thereof as is not available from
other sources) shall be defrayed by OAKLAND cash payments and or by increased
or additional WAYNE financing, both in anticipation of increased or additional
payments agreed to be made by the affected LOCAL UNIT to WAYNE or OAKLAND in the
manner herein provided: Provided, further, that the adoption of such OAKLAND
and LOCAL UNIT approving resolution shall not be required prior to or as a
condition precedent to the additional financing by WAYNE, if WAYNE has previ-
ously created or contracted to create financing to pay all or part of the cost
of the PROJECT or has let construction bids in accordance with plans for the
PROJECT as last approved, and the additional financing is necessary (as deter-
mined by WAYNE) to pay such increased, additional or excess costs as are
essential to completion of the PROJECT or any part thereof according to the
plans therefor E'47; lost approved, the parties obligated to participate in such
additional financing agree to an increase in the amount of the total payments
required in this Agreement such as will be sufficient to pay the additional
financing.
31. Any surplus funds remaining in a PROJECT construction fund during
the course of cGnstruction of the PROJECT shall be used to pay costs of other
portions of the PaOJECT, in the sole discretion of WAYNE but with :4ppropriate
credit to the parties hereto producing such surplus. After compl ,Aion of the
PROJECT and payment of all costs thereof, any such surplus funds remaining,
after cash refund to OilKLAND, or any LOCAL UNITS which paid cash, shall be used
by WAYNE in its sole discretion for any of the following purpose!o, to wit: (a)
for additional improvuctents in the SYSTEM as requested by a LOCAT, UNIT and
approved by WAYNE, or (b) credited toward the next debt service l'avmmts due
under any financing arrangeinent, or (c) purchase of financing instrumErnts on
the open market and appropriate credit made on the obligation of each LOCAL
UNIT.
32. The obligations and undertakings of each of the parties to this
Agreement shall be conditioned on the successful completion of financing of
Segment 1 of the PROJECT within three (3) years from the effective date of
this Agreement, otherwise this Agreement shall be considered void and of no
force and effect. The parties hereto agree that financing to finance Segment 1
of the PROJECT shall not be created until a firm commitment has been received
for a federal grant anticipated to pay the eligible costs of Segment 1 of the
PROJECT.
33. The parties hereto each recognize that the holders from time to
time of financing instruments issued by WAYNE and OAKLAND to finance costs of
the PROJECT will have contractual rights in this Agreement, and it is, therefore,
convenanted and agreed by each of them that so long as any of said financing
instruments shall remain outstanding and unpaid, the provisions of this Agree-
ment shall not be subject to any alteration or revision which would in any manner
materially affect either the security thereof or the prompt payment thereof,
principal or interest. The right to make changes in this Agreement, by amend-
ment, supplemental contract, or otherwise, is nevertheless reserved insofar as
the sane do not have such adverse effect and as provided in paragraphs 13 and
29 hereof. The partief_:. h,,:reto further covenant and agree that they will each
coiaply with their respective duties and obligations under the terms of this
Agreement promptly at the times and in the manner herein set forth, and will
- 23 -
not suffer to be done any act which would in any way impair the said duties or
obligations or any financing based thereon. It is hereby declared that tho terms
of this Agreement, insofar as they pertain to the security of any financing,
shall be deemed to be for the benefit of the holders of and financing instruments.
34. No change in the jurisdiction over territory in any WAYNE LOCAL
UNIT shall in any manner impair the obligations of this Agreemeio. In the
event all or any part of the territory of a WAYNE LOCAL UNIT is incorporated as
a new city or is annexed to or becomes a part of the territory of another WAYNE
LOCAL UNIT or another public corporation, the WAYNE LOCAL UNIT or public
corporation into which such territory is incorporated or to which such territory
is annexed, shall assume the proper proportionate share of the contractual
obligstions and rights in the system of the WAYNE LOCAL UNIT from which such
territory is taken and such a public corporation shall become a WAYNE LOCAL
UNIT in this Agreement, based upon a division determined by WAYNE which shall
make such determination after taking into consideration all factors necessary
to make the division equitable, and in addition shall, prior to such determina-
tion, receive a written recommendation as to proper division from a committee
composed of one representative designated by the governing body of the WAYNE
LOCAL UNIT from which the territory is taken, one designated by the governing
body of the new public corporation or the WAYNE LOCAL UNIT or public corpora-
tion annexing such territory, and one independent registered engineer appointed
by WAYNE. Each WAYNE LOCAL UNIT or public corporation shall appoint its
representative within fifteen (15) days after being notified to do so by WAYNE
and within a like time WAYNE shall appoint the engineer third member. If
either WAYNE LOCAL UNIT or corporation shall fail to appoint its representa-
tive within the time alyyre provided, then WAYNE may proceed without such
recommendation. If the committee shall not make its recommendation within
forty-five (45) days after its appointment or within any extensions whereof by
WAYNE, then WAYNE may proceed without such recommendation. OAKLAND shall make
similar provisions with respect to OAKLAND LOCAL UNITS.
- 24 -
35. This Agreement shall remain in full
of forty (40) years fr.:1p the date hereof, and may
agreement of all or so-Le of the parties hereto.
of the WAYNE LOCA1_, N1iS to make payments required
this Agrtq=1:nt trminated at such time as
in full, -_oo.At with hy deficiency or penalty
pay for servict, pur3uanr_ to this Agreement shall
hereof or as extended.
force and effect for a period
extended by further
. any event, the obligations
by any financing pursuant to
all of the fiu:.:tx.!ing is paid
thereon, buL oblvtions to
continue for the full term
36. WAYNE and OAKLAND , will require or procure from the contractors
undertaking the actual construction of the PROJECT insurance protecting all
parties hereto from liability in connection with such construction. The cost
of such insurance shall be considered to be a part of the cost of the PROJECT.
37. The LOCAL units acknowledge that this PROJECT shall be financed,
in part, by Federal grants. All conditions of the Federal grants awards shall
be incorporated as requirements of this Agreement, including completion of appli-
cable Sewer System Evaluation Surveys. If any related sewer rehabilitation work
is required of any affected LOCAL UNIT as a condition of a Federal grant, it
shall be completed in accordance with a Michigan Department of Natural Resources'
approved schedule.
38. This Agreement shall inure to the benefit of and be binding upon
the respective parties hereto, their successors and assigns.
39. This Agreement shall become effective upon approval by the legis-
lative body of WAYNE, OAKLAND and each WAYNE LOCAL UNIT and when duly executed
by the appropriate officer or officers of each WAYNE LOCAL UNIT, WAYNE and
OAKLAND which approval anC execution by OAKLAND will be authorized also by the
legislative body of each OAKLAND LOCAL UNIT in compliance with the provisions of
Act 342, Public Acts of Michigan, 1939, as amended, including the giving of
notice and expiration of the 45 day referendum period as required by Section 5b
thereof. The Agreement may be executed in several counterparts. It is the
- 25 -
understanding of all parties hereto that all exhibits hereto may be changed to
the eKtent necessary, and as changed attached hereto to carry out the provi-
sions heveot.
IN W1TN7S9 WHEC,E0F, the parties hereto have caused this in:trument
to bc excuted as of the dat.e and year first above written.
WITi\ESS:
Its
And
Its
6/29/84
- 26 -
EXHIBIT
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Wolverine Lake
Wailed Lake
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0
-t
0411,1,• 91
a a* *at I
NO::TH HURON VALLEY - ROUCE VALLEY
T..;ASTEWATER CONTROL EYST
VRVICZ AREA
SALIM Canton Twp
van Buren Twp
ca. Livonia
Wolverine Lake WOYne
Westland
Wald Redford Tw
/Treatment Plant
le Lake p
Inkster
Fir41111Eg*ilr . Service Area GarCen City
:I I R-1 E Decrtorn Heights
SERVICE ARE:
BOUNDARY
E] Not in Service Are:
6/22/84
EXHIBIT B
EXISTING 1983 PEAK WET WEATHER FLOWS
GENERATED BY INDIVIDUAL COMMUNITIES
NORTH HURON VALLEY - ROUGE VALLEY WASTEWATER CONTROL SYSTEM
JOINT COMMUNITY
NHV-RV FLOW
COMMUNITY (CFS)
Commerce Township 0
Wixom 1.33
Novi 14.61
Northville 1.45
Northville Township 5.20
Plymouth 4.77
Plymouth Township 14.08
Canton Township 49.90
Van Buren Township 1.60
Livonia 142.98
Redford Township 60.48
Westland 73.68
Inkster 25.47
Garden City 29.30
Dearborn Heights 87.22
Wayne 33.88
Romulus 2.31
Notes:
1. Data taken from appropriate facilities plans and/or
inflow/infiltration studies.
2. Flows comprised of (1) Domestic, Commercial and
Industrial; (2) Infiltration; and (3) Inflow
components.
3. Inflow and infiltration components reflect pre-
rehabilitation condition of sewer system as reported
in Note 1 above and incorporating known rehabilitation
work completed since the cited studies and reports.
EXHIBIT C
MAXIMUM ALLOWABLE RATES OF DELIVERY OF YEAR 2025 PEAK WASTEWATER FLOWS
NORTH HURON VALLEY - ROUGE VALLEY WASTEWATER CONTROL SYSTEM
JOINT
NEV-RV
COMMUNITY
Commerce Township
Wixom
Novi
Northwille
Northville Township
Plymouth
Plymouth Township
Canton Township
Van Buren Township
Livonia
Redford Township
Westland
Inkster
Garden City
Dearborn Heights
Wayne
Romulus
Institutions
Wayne County
TOTALS
EXISTING ADDITIONAL ADDITIONAL TOTAL TOTAL
SUSTAINED SUSTAINED WET WEATHER ADDITIONAL COMMUNITY
CAPACITY CAPACITY CAPACITY CAPACITY CAPACITY
(CFS) (CFS) (CFS) (CFS) (CFS) ,
0 10.30 0 10.30 10.30
0 8.69 0 8.69 8.69
4.00 14.25 1.61 15.26 19.86
3.60 0 0 0 3.60
2.60 9.72 4.49 14.21 16.81
4.80 0 0 0 4.20
9.60 13.23 2.72 15.95 25.55
14.37 28.10 17.53 45.63 60.00
3.20 1.80 0 1.80 5.-00
77.94 7.89 42.24 50.13 12078.
39.00 6.91 12.49 19.40 58.40,
62.90 5.02 26.92 31.94 94.84
19.47 1.48 7.90 9.38 28.85
24.40 0.22 1.15 1.37 25.77
24.23 9.53 51.01 60.54 84.77
16.20 .2.86 15.31 12.17 34.37
3.60 0 0 0 3.60
11.41 0 0 0 11.41
3.18 0 0 0 3.18
324.50 120.00 183.37 303.37 627.87
C-2 6/22/84
EXHIBIF2 C
(Continued)
NOLL'S:
1. Sustained capacity is the community's peak right-
to-deliver dicharge rate on a long-term continuous
basis at any time.
2. Wet weather capacity is the community's short-term
discharge rate caused by the stormwater inflow
component as determined by the community approved
facility plan and whose entry into the interceptor
may be controlled.
3. The community capacity is comprised of (1) Domestic,
Commercial and Industrial; (2) Infiltration and
(3) Inflow components. Any one component does not
exclusively determine any capacity evaluation.
4. The community capacity reflects the actuality of
the community's delivery of flows.
5. Institution flows are comprised of the following
sources:
Michigan State Hospital
Michigan State Park
Plymouth State Home and
Training School
Detroit House of Corrections
Wayne County Training
School
Wayne County General
Hospital
Institution Total
2.20 cfs
0.58 cfs
0.68 cfs
1.60 cfs
0.35 cfs
6.00 cfs
11.41 cfs
EXHIBIT D
COMMUNITY ALLOCATION OF LOCAL SHARE BY PERCENTAGE (%)
NORTH HURON VALLEY - ROUGE VALLEY WASTEWATER CONTROL SYSTTA
Noith Huron Valley:
Commerce Township 8.87%
Wixom 7.49
Novi 13.69
Northville Township 6.63
Northville 0
Plymouth Township 5.93
Plymouth
Canton Township 27.48
Van Buren Township 1.11
NORTH HURON VALLEY TOTAL 71.20%
Rouge Valley:
Livonia 7.55%
Wayne 2.73
Westland 4.82
Redford Township 2.92
Inkster 1.41 .
Garden City 0.22
Dearborn Heights 9.15
Romulus 0
ROUSE VALLEY TOTAL 28.80%
Notes:
1. Percentage allocation derived on an Estillated
Project Cost = $115.8914
(Detroit ENR = 4542 February, 1985).
2. Percentage allocation assumes all elements of
the ten components of the project are fully
grant eligible.
D-1 6/22/84
EXHIBIT B
SUMMARY OF ESTIMATED PROJECT AND LOCAL mem
NORTH HUR0N VALLEY - ROUGE VALLEY WASTRAATER calmar, SYSTEM
PERCENTAGE
ALLOCATION
MOTT D 00W.ONITY
NORTH H0RON vALLEy
SEGMENT 1
cctompams 1, 2, 3, & 4
FISCAL YEAR 1984
PROJECT LOCAL
SEGMENT 2
COMPONENTS 9 & I0
FISCAL YEAR 1935
PRDIECT ar,AL
SEGMENT 3
COMPONENTS 5, 6, 7, & 8
FISCAL YEAR 1986
PROJECT LOCAL
N1V0RV PROTECT
samErrs 1, 2, & 3
cm,crarrs 1 TlIcugi 10
PROJECT LOCA,L
Commerce Township
Wixom
Novi.
Northville Township
Northville
Plymouth Township
Plymouth
Canton Township
van Buren Township
1.111V SLTS-TOTAI,
8.87% $ 2,858,000 $ 805,000 $ 2,780,000 $ 781,000 $ 4,641,000 $ 1,304,000 $ 10,279,000 7.49 2,414,000 608,000 2,347,000 660,000 3,915,000 1,100,000 8 ,680 ,00 13.69 4,412,000 1,244,000 4,291,000 1,205,000 7,163,000 2,011,000 15,866,033
6.63 2,137,000 603,000 2,078,000 583,000 3,469,000 974,000 7,684,000
0 0 0 0 0 0 0 0 5.53 1,912,000 537,000 1,859,000 522,000 3,102,000 871,000 6,872,000
0 0 0 0 0 0 0 0 27.48 8,857,000 2,495,000 8,612,000 2,418,000 14,376,000 4,037,000 31,847,000 1.11 358,000 101,000 343,000 97,000 582,000 162,000 1,286,000
71.20% $22,948,000 $6,465,000 $22,314,000 $6,266,000 $37,252,000 $10,459,000 $ 82,514,000
$ 2,290,000
2,440,000
4,4603,000
2,160,000
1,930,000
0
0,950,000
360,000
$23,150,000
DO:2,01: WiLLEY
Livcnia
Wayne
Wostland
Redford Township
Lnkster
Garden city
nonrborn Heights.
Ramlus
7.55% 2,433,000 685,000 2,366,000 665,000 3,950,000 1,110,000 3,749,000 2,4000,000
2.73 880,003 249,000 856,000 240,000 1,428,000 4001,000 3,1G1,003 830,07;0
4.32 1,554,000 433,000 1,510,000 424,000 2,522,000 708,000 5 e 66,0n0 1,500,000
2.92 941,000 265,000 915,000 257,000 1,528,000 428,000 3,384,000 950,000
1.41 454,000 128,000 442,000 125,000 738,000 207,000 1,634,300 460,000
0.22 71,000 20,000 69,000 18,000 115,000 32,000 255,000 00,000
9.15 2,949,000 820,000 2,868,030 805,000 4,787,030 1,345,000 10,604,000 2,983,000 0 0 0 0 0 0 0 0 0
FV St13-0.0.0AL 28.80% $ 9,282,000 $2,615,000 $ 9,026,000 $2,534,000 $15,068,000 $ 4,231,000 $ 33,376,000 $ 9,330,000
"DCVOS 100.00% $32,230,000 $9,080,000 $31,340,000 $8,800,000 $52,320,000 $14,690,000 8115,090,000 $32,570,000
Notes: 1. Construction costs are based on Detroit ENR = 4542 February, 1985.
2. Estimated project costs include construction, legal, administration, engineering, and conti]qmcies.
3. Estimated project costs do not include financing costs such as Interest or capitalized interest:.
4. Estimated local oasts assumes all elements of the ten components of the project being fully grant eligible.
COMMUNITY
NORTH HURON VALLEY
Commerce Township
Wixom
Novi
Northville • Township
Northville
Plymouth Township
Plymouth
Canton. Township
Van Buren Township
NHV SUB-TOTAL
ROUGE VALLEY
Livonia.
Wayne
Westland
Redford Township
Inkster
Garden City
Dearborn Heights
Romulus
_
-
RV SUB-TOTAL 28.80%
100.00%
$ 573,100 $ 80,600
$1,990,000 $280,000 TOTALS
EXHIBIT E
(Continued)
ESTIMATED LOCAL SHARE PORTION OF COMMERCE ARM AND HAGGERTY ARM
SEGMENT 3
NORTH HURON VALLEY - ROUGE VALLEY WASTEWATER CONTROL SYSTEM
FOR INFORMATIONAL PURPOSES
PERCENTAGE
ALLOCATION COMPONENT 6B COMPONENT 7B
EXHIBIT D COMMERCE ARM HAGGERTY ARM
8.87% $ 176,500 $ 24,800
7.49 149,100 21,000
13.69 272,400 38,200
6.63 131,900 18,600
0 0 0
5.93 118,000 16,600
0 0 0
27.48 546,900 77,000
1.11 22,100 3,100
71.20% $1,416,900 $199,400
7.55% $ 150,200 $ 21,100
2.73 54,300 7,600
4.82 95,900 13,500
2.92 58,100 8,200
1.41 28,100 4,000
0.22 4,400 600
9.15 182,100 25,600
0 0 0
Notes: 1. Local Share Portion Costs of Commerce Arm and Haggerty Arm i_ncluAcj in cos ,-s given
c-
on Page E-1.
t.: 2. lotal project costs for Component 613 - Commerce Arm = $7,080,000. If Commerce Arm w -., is ineligible, Commerce Township would be allocated the 75% Federal Share of
OD.
___ $5,090,000. .p. . ,
3. Total project cost for Component 713 - Haggerty Arm = $1,000,000. If Haggerty Arm 1_
ible, Northville Township would be allocated the 75% Federal Share of $720,000.
• n
EXHIBIT F
PROJECT DESCRIPTION
NORTH HURON VALLEY - ROUGE VALLMP.
WASTEWATER CONTROL SYSTEM
The 1,;orth Huron Valley - Rouge Valley Wastewater Control
SysteJ! Project consists of the construction of interce1'to7:
transport facilities arranged in ten compo:lents. Based upon
available grant funding for construction, the components arc
arranged into three segments for construction. The segment
are shown on Figure 1 and described below, with the routinri
being preliminary and subject to adjustment during final
design tasks.
SEGMENT 1 (FY 1984 FUNDS)
1. Component 1 - Master Control Interceptor
The interceptor commences at a connection to the existing
Detroit Northwest Interceptor in the neighborhood of
Ford Road and Southfield, thence parallel to Ford Road
and the existing Rouge Valley Interceptor System (RVIS)
and terminates approximately 500 feet west of the
existing Master Control structure, located west of
Evergreen and Ford Roads on the RVIS.
2. Component 2 - Middle Rouge Interceptor from Master Control
to Telegraph.
The interceptor commences at the terminus of Component 1,
parallels the existing RVIS and terminates at the
existing Redford Arm Interceptor connection to the RVIS
at Telegraph Road.
3. Component 3 - Middle Rouge Interceptor from Telegraph
to Inkster
The interceptor commences at the terminus of Component 2
parallels the existing RI/IS and terminates at the
existing Inkster Arm Interceptor connection to the
existing RVIS at Inkster Road.
4. Component 4 - Middle Rouge Interceptor from Inkster to
7armington
Tbe interceptor commences at the terminus of Compone n t 3,
parallels the existing RVIS and terminates at Farmington
Road.
F-1 6/22/84
SEGMENT 2 (Fl 1985 FUNDS)
I. Component 10 - inl:.,ster n Arm Storage
The 5.5-million gallon underground storage facility is
located southwest of the intersection of Five Mile and
Inkster Roads.
2. Component 9 - Detroit Improvements
9A Evergreen - Farmington Permanent Connection
The interceptor commences with a connection to the
existing First Hamilton Interceptor at Seven Mile and
San Juan thence north in San Juan, thence west in Outer
Drive, thence west in Vassar Drive, thence northwest in
James Couzens, thence west in St. Martins, thence north
in Oakfield and terminating at a connection to the
existing interceptor in Eight Mile Road.
9B Diversion Structure
The diversion structure, located at Fourth and Myrtle,
will interconnect the existing First Hamilton Interceptor
to the existing North Interceptor - East Arm.
9C Control Gate Modification
A control gate on the Detroit River Interceptor will be
modified to complete the Evergreen-Farmington flow
shifting.
SEGMENT 3 (FY 1985 FUNDS)
1. Component 5 Middle Rouge Interceptor from Farmington
to Haggerty
The interceptor commences at the terminus of Component 4,
parallels the existing RVIS along the Middle Rouge
River and terminates at Haggerty Road.
2. Component 8 Warren Arm Interceptor
The interceptor commences at the terminus of Component 4,
thence southwesterly to Warren and Cowan Roads, thence
westerly in Warren Road to the easterly boundary of
Canton Township where it will divide into two branches.
The westerly branch will proceed westerly in Warren
Road to a terminus point at the intersection of Morton -
Taylor and Warren Road. The southerly branch proceeds
south along the easterly boundary of Canton Township to
Cherry Hill Road, thence west to Haggerty Road thence
south to a terminus point at the intersection of Haggerty
and Palmer Roads.
F-2 6/22/84
F-3 fi/22/84
• '•
.". 3. Component 7 - North Arm - Wayne County
7A North Arm Connection
The interceptor carmences at the terminus of Component 5
thence north and west along E. N. Hines Drive aand
terminates 200 feet east of the intersection of Wilcox
Road and E. E. N. Hines Drive in Plymouth Township.
713 Haggerty Arm
The interceptor commences at the terminus of the North
Arm Connection, thence east along Wilcox and Schoolcraft
Roads, thence north in Haggerty Road and terminates at
the intersection of Haggerty and Five Mile Roads.
4. Component 6 - North Arm-Oakland County
6A Wixom Arm
The interceptor commences at the existing Wixom Wastewater
Treatment Plant, thence east along Charms Road to Wixom
Road, thence south to Pottor Road, thence east to
Benstein Road, interconnecting to the terminus of the
Commerce Arm, thence due south along Benstein Road
extended to the Chesapeake and Ohio Railroad, thence
southeasterly along the Chesapeake and Ohio Railroad
and terminating at a connection to the existing Novi
Interceptor at the 1-96 Expressway.
6B Commerce Arm
The interceptor main branch commences at the intersection
of Commerce Road at Creedmore Road extended, thence
south in Creedmore Road to Bluebird Drive, thence southerly
along Bluebird Drive and the easterly shore of Commerce
Lake to Watuga Road, thence southerly to Oakley Park Road,
thence westerly adjacent to Oakley Park Road to Benstein
Road, thence south in Benstein Road and terminating at a
connection to the Wixom Arm at the intersection of Benstein
Road and Potter Road extended, including a branch from
the Walled Lake Central High School along Oakley Park
Road westerly to a connection to the main branch described
herein.
SEGMENT 3
SEGMENT 2
0 I I _4 5
SC 41. MR(
PROJECT SEGMENTS
.11\10RM HURON VAVILLEY' - ROUGE VALLEY
WASTEWATER CONTROL SYSTEM
FINAL COST ALICATION DETERMINATIONS
NORTH HURON VALLEY - ROUGE VALLEY
WASTEWATER CONTROL SYSTEM
WAYNE COUNTY DEPARTMENT
OF PUBLIC WORKS
JUNE 22, 1984
PREPARED BY
Wade, Trim & Associates, Inc.
25185 Goddard Road
Taylor, Michigan 48180
G-1
ALLOCATION GUIDELINES
- COMMUNITY INPUT AND GUIDANCE NECESSARY
- ACCEPTANCE REQUIRES DISCERNABLE BENEFITS AND COSTS
- MEASURES OF BENEFIT INCLUDE:
- ADDITIONAL FLOW CAPACITY REQUIRED
- JOINT VS INDEPENDENT PROJECTS
- GRANT FUNDING vs NO FUNDING
- LOCAL SHARE COSTS AT 25% WITH 75% EPA GRANT
G-2 G/22/84
SELECTED PROJECT LOCAL SHARE
RECOMMENDED COST ALLOCATION PROCEDURE
STEP I - ALLOCATE BETWEEN ROUGE VALLEY AND
NORTH HURON VALLEY SERVICE AREAS
STEP 2 - ALLOCATE WITHIN ROUGE VALLEY AND
NORTH HURON VALLEY SERVICE AREAS
STEP 3 - DETERMINE PERCENTAGE OF LOCAL SHARE
COSTS FOR EACH COMMUNITY
G-3 C/22/84
1
2
3
4
5
6
7
9
10
COMPONENT COSTS FOR SELECTED PROJECT
Component Project Grant Local
Number , Description Costs Share ShGre
Master Control $ 8.74M $ 6,28M $ 2.46M
Interceptor
MR - Telegraph to 6.97M 5101M 1.95M
Master Control
MR - Inkster to 7.35M 5.28M 2.07M
Telegraph
MR - Farmington to 9.1711 6.58M 2159M
Inkster
MR - Haggerty to I8.12M 13.03M 5.09M
Farmington
North Arm - Oakland I8.45M 13.27M 5.18M
County
North Arm - Wayne 3.00M 2.16M 0184M
County
Warren Arm I2.75M 9,171 3158M
Interceptor
Detroit 19.80M 14.24M 5,56M
Improvements
Inkster Arm 11.54M 8.30M 3.24M
Storage
TOTALS $115.89M $8332M $32.57M
Detroit ENR = 4542 February) 1985
I .•
SELECTED PROJECT COST SUMMARY
TOTAL PROJECT COST $125.79M
(Detroit ENR = 4542 February, 1985)
Deduct for Allocation of
Detroit Improvements to -
Evergreen-Farmington Service Area - 9.90M
Balance Allocated to North Huron
Valley - Rouge Valley System $115.8911
Breakdown in Selected Project Financing:
- 75% Grant Funding $ 83.32M
(71.9Z of Project Cost)
- Local Share $ 32.5711
(28.1% of Project Cost)
TOTAL $115.89M
G-5 6/22/84
- ROUGE VALLEY Project - $ 30,00M
LOCAL EARE COSTS
INDEPENDENT PROJECTS:
- NORTH HURON VALLEY Revised Alt N-3 = $122,05M
Local Share - 28,1% X $122.05M = $34.30M
With 75% Grant Local Share - $ 8,43M
With 55% Grant Local Shore = $13,90M
With 0% Grant Local Share = $30100M
JOINT PROJECT: Selected Project = $115,8911
Local Share = $23,1% X $115,89M = $32.57M
G-6 6/22/84
ALLOCATION BETWEEN ROUGE VALLEY AND
NORTH HURON VALLEY ON PROBABLE LOCAL SHARE BASIS
INDEPENDENT PROJECT:
- ROUGE VALLEY $13,9011 (28,8%)
- NORTH HURON VALLEY 34.30M (71,2%)
TOTAL $48120M
JOINT PROJECT:
- ROUGE VALLEY a 28.8% SHARE $ 9.3811
- NORTH HURON VALLEY @ 71.2% SHARE $23.19M
TOTAL $32.57M
6-7 6/22/84
ALLOCATION OF ROUGE VALLEY LOCAL SHARE PORTION OF SELECTED PROJECT '
Probable
Additional Joint Project Indepen6ert
Community Capacity (of s) Allocation PAT.igrt .
Livonia 50,13 $2.46M $ 3,65M
Wayne 18.17 0189M 1,32M
Westland 31.94 1.57M 2,33M
Redford Township 19.40 0.95M I.41M
Inkster 9,38 0146M 0,68M
Gorden City 1,37 0,07M 0.10M
Dearborn Heights 60154 2,98M 4.41M
Romulus 0 0 0
TOTALS 190.93 cfs $9.38M $13.90M
• Il
ALLOCATION OF NORIH HURON VALLEY
LCCAL SHARE PORTION OF SELECTED PROJECT
Local
Component Shore Allocation Comiunities
6 $ 5.1811 Commerce, Wixom, Novi
7 0,56M Commerce, Wixom, Novi, Northville
Township
0.28M Northville Township
0 3158M Canton Township, Von Buren
Township
Balance $13.59M All NHV Communities
Joint Project
TOTAL $23.19M
HVWWCS
North Arm
Relief $ 0.86M Commerce, Wixom, Novi,
Northville Township
NHV TOTAL $24.05M
G-9 6/22/84
ALLOCATION OF NORTH HURON VALLEY LOCAL SHARE COSTS
HNV-RV SELECTED PROJECT + HVWWCS NORTH ARM RELIEF
Additional Selected North Total HVWWCS
Capacity Components Project Arm Local Local
Communal/ (cfs) 6 7 8 Balance Allocation Relief Share Share
Commerce 10,30 $1.53M $0,12M $ 1.24M $ 2189M $0.18M $ 3.07M $ 4181M
Wixom 8.69 1.29M 0.10M I.05M 2.44M 0.15M 2,59M 4.06M
Novi 15,86 2,36M 0,18M 1,92M 4.46M 0:34M 4.80M 8.08M
T Northville Twp 14.21 0,44M 1.72M 2,16M 011SM 2,35M 4,92M
1E;
Northville 0 0 0 0 0
Plymouth TWP 15,95 0 1,93M 1.93M 1,93M 4.79M
Plymouth 0 0 0 0 0
IN) n Canton TWD 45.63 3.44M 5.51M 8,95M 8.95M 12.35M_
00
Van Buren Twp 1,00 0,14M 0,22M 0,36M 0.36M 0,41M
TOTALS 112144 $5,18M $0,84M $3.5811 $13.59M $2:)119M $0.86M $24,05M $39,42m
TOTALS
RV Sub-total 190.93 cfs
305,37 cfs
$ 9.3811
$32.57M
28.80%
100,00%
SUMMARY OF RECOMMENDED LOCAL SHARE COST ALLOCATIONS
FOR COMMUNITY PERCENTAGE DETERMINATION
Additional Allocated Percent of
Flow Local Share Local Share
Community Capacity (cfs) Project Costs Project Costs
Commerce 10.30 cfs $ 2.89M 8.87%
Wixom 8,69 2.44M 7.49
Novi 15.86 4,46M 13.69
Northville TWP 14.21 2,16M 6.63
Northville 0 0 0
Plymouth Twp 15,95 1.9311 5193
Plymouth 0 0 0
Canton Twp. 45.63 8.9511 27.48
Von Buren TWP 1.80 0.36M 1,11
NHV Sub-total 112,44 cfs $23,19M 71.20%
Livonia 50,13 cfs $ 2.4611 7.55%
Wayne 18.17 0.8911 2,73
Westland 31.94 1.5711 4.82
Redford Twp 19,40 0.9511 2.92
Inkster 9,38 0.4611 1.41
Garden City 1,37 0.07M 0.22
Dearborn Heights 60.54 2,9811 9,15
Romulus 0 0 0
.c
SPECIAL COST ESTIMATE AND
ALLOCATION NOTATIONS
1. DOES INCLUDE INTERCEPTOR TRANSPORT IMPROVEMENT COST
ELEMENTS OF CONSTRUCTION, LEGAL, ENGINEERING,
ADMINISTRATION AND CONTINGENCY AT DETROIT ENR - 4542,
FEBRUARY, 1935.
DOES NOT INCLUDE TREATMENT COST.
3. DOES NOT REFLECT INFLATION COSTS FOR SEGMENTS AT
ACTUAL TIME OF CONSTRUCTION BEYOND 1985.
4, DOES NOT INCLUDE BONDING COSTS.
5, DOES NOT INCLUDE CAPITALIZED INTEREST COSTS.
ASSUMES FULL GRANT ELIGIBILITY OF ALL COMPONENTS.
!I )}
26th day of 19 84
ALLEN
#84203 July 26, 1984
Moved by Hobart supported by Jackson the resolution be adopted.
Moved by Hobart supported by Moore the resolution be amended as
follows: 1) on page 2, in the first WHEREAS paragraph, delete "approved the
Agreement and have authorized" and insert "officially expressed their intention
to approve the Agreement and to authorize"; and 2) on page 6, in paragraph 5,
correct the spelling of the word "behalf" and insert after "the County of
Oakland", "when approval by the Oakland local units is completed."
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon,
Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McPherson, Moffitt,
Moore, Nelson, Olsen, Page. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as
amended, was adopted.
STATE OF MICHIGAN)
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
Miscellaneous Resolution #84203 adopted by the Oakland County Board of Commissioners
at their meeting held on July 26. 1984
with the orginial 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, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
Counky Clerk/Register of Deeds
this