HomeMy WebLinkAboutResolutions - 1990.06.28 - 16835June 28, 1990 MISCELLANEOUS RESOLUTION NO. 90156
BY: PLANNING AND BUILDING COMMITTEE,
Larry Crake, Chairperson
IN RE: DRAIN COMMISSIONER -- RESOLUTION TO APPROVE
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL
SYSTEMS POLLUTION CONTROL FACILITIES -
SEGMENT II - STAGE 3 CONTRACT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, by Resolution No. 7674, adopted September 2,
1976, the County established by consolidation and merger under
and pursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage disposal improvements and services to
serve the areas and the districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No. 3269,
3435 and 4115 as the Evergreen District and in Resolutions No.
3270 and 3339 as the Farmington District, which consolidated and
merged system as so established was designated as the "Evergreen
and Farmington Sewage Disposal Systems" (the "Systems") and the
Oakland County Drain Commissioner was designated and appointed as
the "County Agency" for the Systems for the acquisition,
construction and financing of new facilities with all the powers
and duties with respect to the acquisition, construction and
financing of facilities for the Systems as are provided by law
and especially by said Act 342; and
WHEREAS, the County is the lead applicant and has made
and will make applications for Federal and State grants for the
planning, design, contracting and construction of the additional
facilities to enlarge, extend and relieve the Systems as shown on
Exhibits A and B set forth in the Contract hereto attached and
incorporated herein, and will coordinate and supervise the
compliance with and performance of conditions and terms of said
grants; and
WHEREAS, in order to obtain grants, and in order to
enlarge, extend and relieve the Systems and to provide for the
Municipalities named in the Contract hereto attached additional
pollution control facilities and capacities for the transporta-
tion and treatment of sanitary sewage emanating from the service
areas of the Systems in the jurisdiction of said Municipalities
and to abate and control pollution and polluting discharges and
to comply with requirements imposed by the United States Environ-
mental Protection Administration and the Michigan Department of
Natural Resources, it is necessary that the County and said
Municipalities enter into a Contract for construction of and
service by the existing facilities and by additional pollution
control facilities herein described, particularly by reference to
the Exhibits to the Contract hereto attached by this reference
incorporated herein, which additional pollution control facili-
ties as described on Exhibits A and B are called the "Project" in
said Contract; and
WHEREAS, preliminary plans for the Project and also
estimates of the cost of such Project and the period of useful-
ness thereof have been prepared by Hubbell, Roth & Clark, Inc.
(hereinafter sometimes referred to as the "Consulting Engineers")
and are herewith submitted for approval by the Board of Commis-
sioners of the County, said estimates being set forth in Exhibit
B to the form of Contract attached hereto; and
WHEREAS, there has been submitted to this Board of
Commissioners a proposed Contract between the County, by and
through the County Drain Commissioner, County Agency, party of
the first part, and the Municipalities named in said Contract,
parties of the second part, which Contract provides for the
acquisition, construction and financing of the Project pursuant
to Act 342, which Contract is hereinafter set forth in full.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF OAKLAND COUNTY, MICHIGAN, as follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
estimate of $12,825,000 as the cost of the Project described on
Exhibits A and B to the Contract and the estimate of 40 years and
upwards and the period of usefulness thereof, as submitted to
this Board of Commissioners, be and the same are approved and
adopted.
2. APPROVAL OF CONTRACT. The Evergreen and Farmington
Sewage Disposal System Pollution Control Facilities -- Segment II
-- Stage 3 Contract, dated as of September 30, 1989, between the
County, by and through the County Drain Commissioner, party of
the first part, and the Municipalities named in said Contract,
parties of the second part, which Contract has been submitted to
this Board of Commissioners, be and the same is approved and
adopted, and the County Drain Commissioner is authorized and
directed to execute and deliver the same for and on behalf of the
County, in as many counterparts as may be deemed advisable, after
the Contract has been executed by the appropriate officials of
the Municipalities. Said Contract reads as follows:
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
POLLUTION CONTROL FACILITIES --
SEGMENT II -- STAGE 3 CONTRACT
THIS AGREEMENT, made as of this 30th day of September,
1989, by and between the COUNTY OF OAKLAND, a Michigan county
corporation (hereinafter sometimes referred to as the "County"),
by and through its County Drain Commissioner (hereinafter
referred to as the "County Agency"), party of the first part, and
the TOWNSHIP OF WEST BLOOMFIELD, the CITY OF SOUTHFIELD, the CITY
OF FARMINGTON HILLS and the CITY OF ORCHARD LAKE VILLAGE,
municipal corporations in the County of Oakland (hereinafter
sometimes collectively referred to as the "Municipalities" and
individually as a "Municipality"), parties of the second part:
WITNESSET H:
WHEREAS, the Oakland County Board of Supervisors by
Resolution, Misc. No. 3269, adopted on August 12, 1957, as
amended by Resolution, Misc. No. 3435, adopted on October 13,
1958, did approve of establishment of the Evergreen Sewage
Disposal System to serve the Evergreen Sewage Disposal District;
and
WHEREAS, pursuant to the Evergreen Sewage Disposal
System Agreement, dated November 10, 1958, as amended by amenda-
tory agreements dated December 22, 1958 and February 9, 1959, all
between the County of Oakland and the Cities of Birmingham,
Bloomfield Hills, Lathrup Village, Troy and Southfield, the
Village of Westwood (now the Village of Beverly Hills) and the
Townships of Bloomfield and Pontiac (now the City of Auburn
Hills), municipal corporations in the County, the County, acting
through its Department of Public Works, did acquire the original
Evergreen System and did finance such acquisition by the issuance
of bonds in anticipation of payments to be made by said municipal
corporations to the County in accordance with the provisions of
said agreement, as amended (herein referred to as the "Evergreen
Agreement"); and
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. 3270, adopted August 12, 1957, as amended
by resolution, Misc. No. 3339, adopted January 24, 1958, did
approve the establishment of the Farmington Sewage Disposal
System to serve the Farmington Sewage Disposal District; and
WHEREAS, pursuant to the Farmington Sewage Disposal
System Agreement, dated November 1, 1957, as amended by amenda-
tory agreements dated December 22, 1958, and February 9, 1959,
all between the County and the Cities of Southfield and Keego
Harbor and the Townships of West Bloomfield and Farmington (now
City of Farmington Hills), municipal corporations in the County,
the County acting through its Department of Public Works, did
acquire the original Farmington Sewage Disposal System and did
finance such acquisition by the issuance of bonds in anticipation
of payments to be made by said municipal corporations to the
County in accordance with the provisions of said Agreement, as
amended (herein referred to as the "Farmington Agreement"); and
WHEREAS, by annexation of part of the former Township of
Farmington the City of Farmington has become a user of the
Farmington sewage Disposal System and has area included in the
Farmington Sewage Disposal District; and
WHEREAS, by contractual relationships with members of
the Farmington Sewage Disposal System, the City of Sylvan Lake
and the City of Orchard Lake Village have become users of the
Farmington Sewage Disposal System; and
WHEREAS, the State of Michigan Department of Natural
Resources designated the areas and districts served by the
Oakland County Evergreen and Farmington Sewage Disposal Systems
as a single plan of study area for the purposes of Step I Facili-
ties Planning and determined that there is a need to obtain
studies, reports, plans and estimates for the abatement of pollu-
tion, control of pollutants and polluting discharges, and the
relief of both the Evergreen and Farmington Sewage Disposal
Systems; and
WHEREAS, the County established under and pursuant to
Act No. 342, Public Acts of Michigan, 1939, as amended, a system
of sewage disposal improvements and services to serve the areas
and the districts heretofore designated and described in Oakland
County, Michigan, in Resolutions No. 3269, 3435 and 4115 as the
Evergreen Sewage Disposal District and in Resolutions No. 3270
and 3339 as the Farmington Sewage Disposal District, which system
as so established was designated as the "Evergreen and Farmington
Sewage Disposal Systems" (hereinafter referred to as the
"Systems") and the Oakland County Drain Commissioner was desig-
nated and appointed as the "County Agency" for the Systems as
provided by law and especially by said Act 342; and
WHEREAS, under and subject to the terms of Act 342, the
County is authorized, through the County Agency, to acquire and
construct the sewage disposal improvements and pollution control
facilities hereinafter described as part of the Systems, the
County and the Municipalities are authorized to enter into a
contract, as hereinafter provided, for the acquisition and
construction of the improvements and facilities by the County and
for financing all or part of the cost thereof by the issuance of
bonds by the County secured by the pledge of the full faith and
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credit of the Municipalities to pay such cost with interest to
the County in installments extending over a period not exceeding
forty (40) years, and the County is authorized to issue such
bonds and, if authorized by majority vote of the members-elect of
its Board of Commissioners, to pledge its full faith and credit
for the payment of such bonds and the interest thereon; and
WHEREAS, there is an urgent need for such sewage
disposal improvements and pollution control facilities to provide
the means of collecting and disposing of sanitary sewage
originating in the Municipalities, in order to abate pollution of
the waters of the Municipalities and thus to promote the health
and welfare of the residents thereof, which improvements and
facilities would likewise benefit the County and its residents,
and the parties hereto have concluded that such improvements and
facilities can be most economically and efficiently provided and
financed by the County through the exercise of the powers
conferred by Act 342, and especially Sections 5a, 5b and 5c
thereof; and
WHEREAS, the County and the Municipalities desire to
proceed with the acquisition and construction of improvements and
facilities using a combination of federal and state grant moneys
and local funds as needed for the proposed project as shown on
Exhibit A hereto attached (the "Project"), for which Project
contractual arrangements for design, construction and financing
are required only with the Municipalities among all of the
parties named hereinabove as participants in and users of the
Systems; and
WHEREAS, the County Agency has obtained preliminary
plans for the Project and also an estimate of $12,825,000 as the
total cost of the Project and an estimate of forty (40) years and
upwards as the period of usefulness thereof, all of which have
been prepared by Hubbell, Roth & Clark, Inc. (hereinafter
sometimes referred to as the "Consulting Engineers") submitted
herewith for approval by the Board of Commissioners of the County
and the governing bodies of the Municipalities and will be placed
on file in the office of the County Agency, said estimates being
set forth in Exhibit B hereunto attached; and
WHEREAS, in order to provide for the acquisition and
construction of the Project by the County and the financing of
the cost thereof by the issuance of County bonds, and for other
related matters, it is necessary for the parties hereto to enter
into this Contract.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO, as follows:
1. The parties hereto hereby approve and agree to the
establishment, acquisition, construction and financing of the
Project as herein provided, under and pursuant to Act 342. Each
Municipality, by way of compliance with Section 29, Article VII
of the Michigan constitution of 1963, consents and agrees to the
establishment and location of the Project within its corporate
boundaries and to the use by the County of its streets, highways,
alleys, lands, rights-of-way or other public places for the
purpose and facilities of the Project and any improvements,
enlargements and extensions thereof, and each Municipality
further agrees that, in order to evidence and effectuate the
foregoing agreement and consent, it will execute and deliver to
the County such grants of easement, right-of-way, license, permit
or consent as may be requested by the County.
2. The Project shall consist of enlargements, addi-
tions and improvements to the existing pumping station facilities
and sanitary sewers and related facilities as described and shown
on Exhibit A and Exhibit B which are attached hereto and which
are hereby made a part hereof, and as are more particularly set
forth in the preliminary plans which have been prepared and
submitted by the Consulting Engineers which plans are on file
with the County Agency and are hereby approved and adopted. The
Project shall be acquired and constructed substantially in
accordance with the preliminary plans and in accordance with
final plans and specifications to be prepared and submitted by
the Consulting Engineers, but variations therefrom which do not
materially change the location, capacity or overall design of the
Project, and which do not require an increase in the total
estimated cost of the Project, may be permitted on the authority
of the County Agency. Other variations or changes may be made if
approved by the County Agency and by resolution of the governing
body of each Municipality and if provisions required by paragraph
(8) hereof are made for payment or financing of any resulting
increase in the total estimated cost. The estimate of cost of
the Project and the estimate of period of usefulness thereof as
set forth in Exhibit B are likewise hereby approved and adopted.
3. The County Agency shall take or cause to be taken
all actions required or necessary, in accordance with Act 342, to
procure the issuance and sale of bonds by the County, in one or
more series, in whatever aggregate principal amount is necessary
to be so financed to defray that part of the total cost of the
Project which is in excess of funds available from federal and/or
state grants or other sources, including cash contributions from
the City of Orchard Lake Village and any other Municipality.
Such bonds shall be issued in anticipation of, and be payable
primarily from, the payments to be made by the Municipalities to
the County in the percentages as provided in Exhibit C which is
attached hereto and which is hereby made a part hereof, and shall
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be secured secondarily, if so voted by the Board of Commissioners
of the county, by the pledge of the full faith and credit of the
County, and the said bonds shall be payable in annual maturities
the last of which shall be not more than forty years from the
date thereof; provided, however, that the percentages provided in
Exhibit C shall be adjusted to reflect cash contributions to be
made by the City of Orchard Lake Village and any other
Municipality.
4. The County Agency shall obtain and accept an offer
of grant by the EPA/DNR for the Project, proceed to take
construction bids for the Project and, subject to the sale and
delivery of said bonds, enter into construction contracts with
the lowest responsive and responsible bidder or bidders, procure
from the contractors all necessary and proper bonds and
insurance, cause the Project to be constructed within a reason-
able time, and do all other things required by this Contract and
the laws of the State and the United States of America. All
certificates for required payments to contractors shall be
approved by the Consulting Engineers before presentation to the
County Agency and the latter shall be entitled to rely on such
approval in making payment.
The County hereby agrees that it will secure and main-
tain, or cause to be secured and maintained, during the period of
construction adequate property damage and public liability
insurance covering all facilities to be constructed pursuant to
this Contract. All policies and memorandums of insurance shall
provide that the County and the Municipalities shall be insured
parties thereunder and shall contain a provision requiring that
each Municipality be notified at least ten days prior to cancel-
lation thereof. One copy of each policy and memorandum of
insurance shall be filed with each Municipality.
5. It is understood and agreed by the parties hereto
that the Project is to serve the Municipalities and not the
individual property owners and users thereof, unless by special
arrangement between the County Agency and the governing body of
the Municipality wherein such property is located. The responsi-
bility of requiring connection to and use of the Project and/or
providing such additional facilities as may be needed shall be
that of the Municipality wherein such property is located and
such Municipality shall cause to be constructed and maintained,
directly or through the County, any such necessary additional
facilities. The County shall not be obligated to acquire or
construct any facilities other than those designated in paragraph
2 hereof.
6. The City of Orchard Lake Village and any other
Municipality which elects to pay its share of the cost of the
Project through a cash contribution shall pay in full to the
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County their respective shares of the total cost of the Project
(less such funds as may become available from federal and/or
State grants or from other sources) not later than the date of
the issuance of County bonds issued pursuant to this Contract.
All other Municipalities (the "Borrowing Municipalities") shall
pay to the County their respective shares of the total cost of
the Project (less such funds as may become available from federal
and/or State grants or from other sources), which total cost for
this purpose shall include, in addition to the items of the
nature set forth in Exhibit B (represented by the principal
amount of the bonds to be issued by the County plus such funds as
may become available from federal and/or State grants or other
sources), all interest payable by the County on said bonds and
all paying agent fees and other expenses and charges (including
the County Agency's administrative expenses) which are payable on
account of said bonds (such fees, expenses and charges being
herein called "bond service charges"). The cost of the Project
is hereby allocated to the Municipalities in accordance with the
percentages set forth in Exhibit C. The percentage shares of the
Borrowing Municipalities with respect to payments of principal of
and interest and bond service charges on the bonds shall be
adjusted to reflect the cash contributions of any Municipality.
Such payments of each Borrowing Municipality shall be made to the
County in annual installments which shall be due and payable at
least thirty days prior to the day of the month specified in the
County bonds as the annual principal maturity date thereof. Such
an annual installment of each Borrowing Municipality shall be so
paid in each year if any principal and/or non-capitalized
interest on said bonds falls due during the twelve-month period
beginning on such principal maturity date in said year, and the
amount of each installment of each Borrowing Municipality so due
and payable shall be at least sufficient, when added to the
amount of the installments of the other Borrowing Municipalities
so due and payable, to pay all such principal and/or interest
thus falling due and all bond service charges then due and
payable. The County Agency shall, within thirty days after
delivery of the County bonds to the purchaser, furnish the
Treasurer of each Borrowing Municipality with a complete schedule
of the principal and interest maturities thereon, and the County
Agency shall also, at least thirty days before each payment is
due to be made by each Borrowing Municipality, advise the
Treasurer of each Borrowing Municipality of the amount payable to
the County on such date. If a Borrowing Municipality fails to
make any payment to the County when due, the same shall be
subject to a penalty of 1% thereof for each month or fraction
thereof that such amount remains unpaid after due. Failure of
the County Agency to furnish the schedule or give the notice as
above required shall not excuse a Borrowing Municipality from the
obligation to make payment when due. Such payments shall be made
by each Borrowing Municipality when due whether or not the
Project has then been completed or placed in operation. In the
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event that additional County bonds shall be issued under the
authority of this Contract to defray a part of the cost of the
System, the foregoing obligations shall apply to such part of the
cost and to said additional bonds insofar as appropriate thereto.
7. A Borrowing Municipality may pay in advance any one
or more of its installments or any part thereof payable to the
County pursuant to this Contract (a) by surrendering to the
County any of said County bonds of like principal amount maturing
in the same calendar year, or (b) by paying to the County in cash
the principal amount of any County bonds which are subject to
redemption prior to maturity, plus all interest thereon to the
first date upon which such bonds may be called for redemption,
and plus all applicable call premiums and bond service charges,
and in such event the County Agency shall call said bonds for
redemption at the earliest possible date; provided, however, that
such advance payment and credit therefor shall be limited in
amount at any given time to the amount of bonds available for
purchase or redemption by call within the twelve-month period
succeeding the date of the advance payment. The installments or
parts thereof so prepaid shall be deemed to be the installments
or parts thereof falling due in the same calendar year as the
maturity dates of the bonds surrendered or called for redemption
and bonds so surrendered or redeemed shall be cancelled.
8. In the event that it shall become necessary to
increase the estimated cost of the Project as hereinbefore
stated, or if the actual cost of the Project shall exceed the
estimated cost, whether as the result of variations or changes
permitted to be made in the approved plans or otherwise, then
(without execution of any further contract or amendment of this
Contract) the governing bodies of the Municipalities may, by
resolution adopted within fifteen days after the receipt of
construction bids, direct that a portion of the Project be
deleted sufficient to reduce the total cost to an amount which
shall not exceed the total estimated cost as hereinbefore stated
by more than 5%, provided that such deletion shall not materially
change or terminate the eligibility of the Project for federal
and/or state grants, or materially change the general scope,
overall design and purpose of the Project. In the absence of the
adoption of such resolution the Municipalities shall pay or
procure the payment of the increase or excess in cash, or County
bonds in an increased or additional amount shall (upon adoption
of an authorizing resolution therefor by the Board of Commis-
sioners of the County) be issued to defray such increased or
excess cost, to the extent that funds therefor are not available
from other sources; provided, however, that no such increase or
excess shall be approved and no such increased or additional
County bonds shall be authorized to be issued, nor shall the
County enter into any contract for acquisition or construction of
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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 the total cost of the Project to exceed by more than 5%
its total estimated cost as hereinbefore stated, unless the
governing body of each Municipality shall have previously 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 paid or its payment procured by the Municipal-
ities in cash or be defrayed by the issuance of increased or
additional County bonds in anticipation of increased or
additional payments agreed to be made by the Municipalities to
the County in the manner hereinbefore provided; provided,
further, that the adoption of such resolution by the governing
body of each Municipality shall not be required prior to or as a
condition precedent to the issuance of additional bonds by the
County if the County has previously issued or contracted to sell
bonds to pay all or part of the cost of the Project and the
issuance of the additional bonds is necessary (as determined by
the County) to pay such increased, additional or excess costs as
are essential to completion of the Project according to the plans
as last approved prior to the time when the previous bonds were
issued or contracted to be sold.
9. In the event that the actual cost of the Project is
less than the total estimated cost, then any surplus available to
the county from the sale of County bonds, at the option of the
governing bodies of the Municipalities shall be used to improve,
enlarge or extend the Systems, to apply upon future payments due
to the County, to redeem bonds or to purchase bonds on the open
market, provided that such surplus shall be used to improve,
enlarge or extend the Systems only if authorized by the Board of
Commissioners of the County. Any such surplus may, for the
purpose of improving, enlarging or extending the Systems, be
supplemented by cash payments to be made by the Municipalities,
or such improvements, enlargements or extensions may be financed
entirely from such cash payments, where authorized by the
governing bodies of the Municipalities. Where any such surplus
is used to redeem or purchase bonds, the same shall be cancelled,
and the payments thereafter required to be made by the Municipal-
ities to the County shall be reduced so as to reflect the
resulting saving of interest and the payment required to be made
in the calendar year of the stated maturity of said bonds shall
be reduced by the principal amount thereof.
10. Should a Municipality fail for any reason to pay
the County at the times specified, the amounts herein required to
be paid, such Municipality does hereby authorize the State
Treasurer or other official charged with the disbursement of
unrestricted state funds returnable to such Municipality pursuant
to the Michigan Constitution to withhold sufficient funds to make
up any default or deficiency in funds. If the full faith and
credit of the County is pledged for the prompt payment of the
principal of and interest on the bonds to be issued by the county
and if the County is required to advance any money by reason of
such pledge on account of the delinquency of such Municipality,
the County Treasurer is hereby authorized to notify the State
Treasurer to deduct the amount of money so advanced by the County
from any unrestricted moneys in the State Treasurer's possession
belonging to such Municipality and to pay such amount to the
County.
The foregoing shall not operate to limit the
County's right to pursue any other legal remedies for the
reimbursement of moneys advanced on account of the default of
such Municipality.
11. Each Municipality, pursuant to the authorization of
Section 5a of Act No. 342, hereby pledges its full faith and
credit for the prompt and timely payment of its obligations
expressed in this Contract and each year shall levy a tax in an
amount which, taking into consideration estimated delinquencies
in tax collections, will be sufficient to pay its obligations
under this Contract becoming due before the time of the following
year's tax collections; provided, however, that if at the time of
making its annual tax levy, a Municipality shall have on hand in
cash other funds (including but not limited to funds from special
assessments, user charges or connection fees) which have been set
aside and pledged or are otherwise available for the payment of
such contractual obligations falling due prior to the time of the
next tax collection, then the annual tax levy may be reduced by
such amount. The ability of each Municipality to levy taxes is
subject to constitutional, statutory and charter limitations.
The governing body of each Municipality shall each year, at least
90 days prior to the final date provided by law for the making of
the annual tax levy of the Municipality, submit to the County
Agency a written statement setting forth the amount of its obli-
gations to the County which become due and payable under this
Contract prior to the time of the next following year's tax
collections, the amount of the funds which the Municipality has
or will have on hand or to its credit in the hands of the County
which have been set aside and pledged for payment of said
obligations to the County, and the amount of the taxes of the
Municipality next proposed to be levied for the purpose of
raising money to meet such obligations. The County Agency shall
review such statement promptly and, if he finds that the proposed
tax levy is insufficient, he shall so notify the governing body
of the Municipality, and each Municipality hereby covenants and
agrees that it will thereupon increase its levy to such extent as
may be required by the County Agency.
12. No change in the jurisdiction over any territory in
any of the Municipalities shall in any manner impair the obli-
gations of this Contract or affect the obligations of the
Municipalities hereunder. In the event that all or any part of
the territory of any Municipality is incorporated as a new city
or village or is annexed to or becomes a part of the territory of
another municipality, the municipality into which such territory
is incorporated or to which such territory is annexed shall
assume the proper proportionate share of the contractual obliga-
tions (including the pledge of full faith and credit) of such
Municipality, which proper proportionate share shall be fixed and
determined by the County Agency and shall be binding upon all
parties concerned unless, within sixty (60) days after such
incorporation or annexation becomes effective, the governing body
of the municipality into which such territory is incorporated or
to which such territory is annexed and the governing body of such
Municipality shall by mutual agreement and with the written
approval of the County Agency fix and determine such proper
proportionate share. The County Agency shall, prior to making
such determination, receive a written recommendation as to the
proper proportionate share from a committee composed of one
representative designated by the governing body of such
Municipality, one designated by the governing body of the new
municipality or the municipality annexing such territory, and one
independent registered engineer appointed by the County Agency.
Each governmental unit shall appoint its representative within
fifteen (15) days after being notified to do so by the County
Agency and within a like time the County Agency shall appoint the
engineer third member. If any such representative (other than
the appointee of the County Agency) is not appointed within the
time above provided, then the County Agency may proceed without
said recommendation. If the committee shall not make the
recommendation within forty-five (45) days after its appointment
or within any extension thereof by the County Agency, then the
County Agency may proceed without such recommendation.
13. This Contract is contingent upon the County issuing
its negotiable bonds, as herein provided, to defray such part of
the total estimated cost of the Project as is necessary to be
financed, which bonds shall be issued under the authorization
provided in Section 5a, 5b and Sc of Act 342. Interest on the
bonds may be capitalized and paid from the bond proceeds for a
period not exceeding the estimated construction period and one
year thereafter. In the event that the bonds are not issued
within three years from the date of this Contract, then unless
extended by mutual agreement it shall become null and void,
except that the Municipalities shall pay all engineering, legal
and other costs and expenses theretofore incurred in the percent-
ages set forth in Exhibit C and shall be entitled to all plans,
specifications and other engineering data and materials.
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14. Upon completion of the Project the County and the
Municipalities hereby agree that the operation and maintenance of
all of the facilities of the Systems shall be carried on and
continued in the same fashion and manner as integral parts of the
Systems as are now in existence and in effect pursuant to the
Evergreen Agreement and the Farmington Agreement, with costs
thereof billed, collected and paid as at present.
If a grant, advance or payment becomes available
from the state or federal governments or any other source, each
Municipality hereby agrees to adopt such resolutions or ordi-
nances as may be required by state or federal laws, regulations
or orders to make the County and the Project and the Systems
eligible to accept and receive •the grant, advance or payment, and
if the terms of the grant, advance or payment require a local
contribution, each Municipality hereby agrees to raise and make
such local contribution.
It is anticipated between the parties hereto that
the Project to be built shall qualify for a federal grant in
accordance with 40 Code of federal Regulations, Part 35.2108.
For purposes of financing the Project, it is anticipated that the
Project shall be eligible for federal grants as noted on Exhibit
B. The applicant, Oakland County, in accordance with the
requirements of said 35.2108, agrees to complete the Project
regardless of whether or not grant funding is available for the
Project, in accordance with the requirements of said 35.2108.
15. The County shall have no obligation or responsibil-
ity for providing sewers or sewage disposal facilities except as
herein expressly provided with respect to the acquisition of the
Project or as otherwise provided by contract. The Municipalities
shall have the authority and the responsibility to provide such
other facilities and shall have the right to expand the facili-
ties of the Systems by constructing or extending sewers or
related facilities, connecting the same to the Systems, and
otherwise improving the Systems. It is expressly agreed,
nevertheless, that no such connection (other than individual unit
tap-ins) shall be made to the Systems and no improvements,
enlargements or extensions thereof shall be made without first
securing a permit therefor from the County Agency. Any such
permit may be made conditional upon inspection and approval of
new construction by the County Agency. It is further agreed that
the Systems shall be used for collection and conveyance of
sanitary sewage only and that the Municipalities shall take all
necessary action to prevent entry into the Systems of storm
waters and also to prevent entry of sewage or wastes of such a
character as to be injurious to the Systems or to the public
health and safety.
16. All powers, duties and functions vested by this
Contract in the County shall be exercised and performed by the
County Agency, for and on behalf of the County, unless otherwise
provided by law or in this Contract.
17. The parties hereto recognize that the holders from
time to time of the bonds to be issued by the County under the
provisions of Act 342, and secured by the full faith and credit
pledge of the each of the Municipalities to the making of its
payments as set forth in this Contract, will have contractual
rights in this Contract, and it is therefore covenanted and
agreed that so long as any of said bonds shall remain outstanding
and unpaid, the provisions of this Contract shall not be subject
to any alteration or revision which would in any manner adversely
affect either the security of the bonds or the prompt payment of
principal or interest thereon. The right to make changes in this
Contract, by amendment, supplemental contracts or otherwise, is
nevertheless reserved insofar as the same do not have such
adverse effect. The parties hereto further covenant and agree
that they each will comply with their respective duties and
obligations under the terms of this Contract promptly, at the
times and in the manner herein set forth, and will not suffer to
be done any act which would in any way impair the contract of
said bonds, the security therefor, or the prompt payment of
principal and interest thereon. It is hereby declared that the
terms of this Contract and of any amendatory or supplemental
contract and any contract entered into pursuant hereto, insofar
as they pertain to said bonds or to the payment or the security
thereof, shall be deemed to be for the benefit of the holders of
said bonds.
18. The County Agency shall prepare, with the aid of
its consultants, such covenants, representations and warranties
and have adopted by officials of the County and the Municipali-
ties such procedures for construction, accounting, payment and
operating as are necessary to comply with the requirements of
State and federal law in order to create and maintain the obliga-
tions of the Municipalities and the County under this Contract
and with respect to the bonds as valid and binding obligations
and in order to create and maintain the bonds as tax-exempt
obligations under State and federal income tax law. Such
covenants, representations and warranties and such procedures
shall be evidenced by and set forth in certificates or resolu-
tions prepared for the County Agency which the Municipalities and
the County all hereby agree to approve, execute and adopt at or
prior to issuance and delivery of any bonds.
19. In the event that any one or more of the provisions
of this Contract shall for any reason be held to be invalid,
illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other
-12-
provisions hereof, but this Contract shall be construed as if
such invalid, illegal or unenforceable provision has never been
contained herein.
20. This Contract shall become effective upon its
execution by each party hereto and the expiration of 45 days
after the date of publication of the notices required by Section
5b of Act 342; provided, however, that if, within the 45-day
period, a proper petition is filed with the Clerk of any
Municipality in accordance with the provisions of said Section 5b
of Act 342 then this Contract shall not become effective until
approved by the vote of a majority of the electors of such
Municipality qualified to vote and voting thereon at a general or
special election. If a notice is not required by Section 5b of
Act 342 for any Municipality this Contract shall be effective
upon its execution by such Municipality. This Contract shall
terminate forty (40) years from the date hereof or on such
earlier date as shall be mutually agreed; provided, however, that
it shall not be terminated at any time prior to the payment in
full of the principal of and interest on the County bonds
together with all bond service charges pertaining to said bonds.
This Contract may be executed in several counterparts The
provisions of this Contract shall inure to the benefit if and be
binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Contract to be executed and delivered by the undersigned, being
Bv: 47, 11. - upervz.sor
And:
-Townsh.i.t, Clerk
2
COUNTY OE--.OAKLAND
/N /
County Drain Commissioner
(County Agency)
CITY 01.
/
,pacH„ARD LA2 2- VILLAGE
Bv: 1
Mayor
iVY Clerk
CITY OF SOUTHFIELD
Mayor
By:
And:
duly authorized by the respective governinc bodies of such
parties, all as of the day and year first above written.
TOWNSHIP OF WEST BLOOMFIELD
CITY OF FARMINGTON HILLS
CRM/09007/0215/AC5/3
-14-
t41.1 'I 0 ( 516
Z "10
PONTIAC
PON TSAO PON TSAO
OTINSNIP• OTINSNIP• OlINSNIR•
TR OY
L
etoourtru)
InwN311IF
..ntE gnAo
n RENDALLWOOD
'LOCAL R ELI EF
rAnkfit7r n4
1-1 1044
rARI41./0
STLGE 2
oipty f ft.il." 3cr
4 -4 r
" r ib DETROIT -1 CAOSIRES
SEMIS
IL
0 2
SCALE IN MILES
COMBINED SEWER AREA
0 PROJECT IDENTIFICATMN
)EXHIBIT "A"I
PROPOSED POLLUTION CONTROL FACILITIES
9 s kl A Y rrT 11$1.{.,nTr: rrttErISREI, riY
LEGEND
EXISTING INTERCEPTORS
SEGMENT STAGES Ds. EXISTING MAJOR PUMP STATION AND rORCE MA/N
I ... i a 2 PI PROPOSED PUMP STATION IMPROVEMENTS
OR IA PROPOSED PUMP STATION AND FORCE MAIN
11 — 3 a 5 MIEBORNI PRIM Pi PROPOSED TUNNEL SEWER --, , 14c tiot
PwRo•PRIPmm`PAR RECOMMENDED INTERCEPTOR IMPROVEmENT! j SIZES
48"
COMPREHENSIVE FACILITIES PLAN
OAKLAND COUNTY, MICH I GAN
EVERGREEN- FAIIMINGTON
rouu -non CONTROL rAcILITIEs
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
SEGMENT II - STAGE 3
ESTIMATE OF COST
CONTRACTED SERVICES - CONSTRUCTION
CONTRACT NO. 4
42-inch Tunnel Sewer
36-inch Sewer
36-inch River Crossing Sewer
30-inch Sewer
30-inch River Crossing Sewer
27-inch Sewer
27-inch Tunnel Sewer
15-inch Tunnel Sewer
Tunnel Manholes
Tunnel M.H. w/Drop Conn.
Manholes, Standard
M.H. No. 11 & Connection
Junction Chamber - "A"
Junction Chamber - "B"
M.N. No. 90 & Connections
5,023 L.F. @ $ 503.00 = $ 2,526,569
693 L.F. @ $ 209.00 = 144,837
160 L.F. @ $ 280.00 = 44,800
4,303 L.F. @ $ 200.00 = 860,600
315 L.F. @ $ 280.00 = 88,200
33 L.F. @ $ 187.00 = 6,171
90 L.F. @ $ 300.00 = 27,000
140 L.F. @ $ 250.00 = 35,000
6 Ea. @ $25,000.00 = 150,000
5 Ea. @ $30,000.00 = 150,000
16 Ea. @ $ 3,000.00 = 48,000
L.S. 45,000
L.S. = 50,000
L.S = 30,000
L.S. 1,000
Sub-Total Construction Cost - Contract No, 4 = $ 4,207,177
CONTRACT NO.
30-inch Sewer
30-inch Tunnel Sewer
27-inch Sewer
27-inch Tunnel Sewer
27-inch River Crossing Sewer
24-inch Sewer
24-inch Tunnel Sewer
21-inch Sewer
2I-inch Tunnel Sewer
18-inch Sewer
6-inch H.L. Riser
6-inch H.L. Type A
, 6-inch H.L. Type B
Manholes, Standard
Manholes, Drop
Junction Chamber "C"
Edgemont Road Culv. Ext. & H.W.
12-inch Conc. Culv. at new M.H.
12-inch CMP Culv. at new M.H.
2,443 L.F. @ $ 200.00 = $ 488,600
50 L.F. @ $ 345.00 = 17,250
4,225 L.F. @ $ 152.00 = 642,200
140 L.F. @ $ 300.00 = 42,000
70 L.F. @ $ 240.00 = 16,800
5,310 L.F. @ $ 100.00 = 531,000
50 L.F. @ $ 2 80 .0 0 = 14,000
5,851 L.F. @ $ 95.00 = 555,845
290 L.F. @ $ 270.00 = 78,300
1,674 L.F. @ $ 79.00 = 132,246
340 L.F. @ $ 40.00 = 13,600
1,333 L.F. @ $ 40.00 - 53,320
1,600 L.F. @ $ 45.00 = 72,000
58 Ea. @ $ 3,000.00 = 174,000
4 Ea. @ $ 4,000.00 = 16,000
L.S. = 50,000
L.S. 75,000
880
42 L.F. $ 40.00 = 1,680
236 L.F. @ $ 35.00 = 8,260
40.00 =
35.00 =
15-inch CM? Culv. at new M.H. 22 L.F. @ $ 40.00 =
Sub-Total Construction Cost - Contract No. 5
TOTAL CONSTRUCTION COST - CONTRACT NO. 4 & NO.
= $ 2,982,981
= $ 7,190,158
Page 1 of 3 3-15-90 EXHIBIT 3
107,800
36,000
566,600
349,200
6,500
716,_442
.1•1110. Wan
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
SEGMENT II - STAGE 3
ESTIMATE OF COST
CONTRACTED SERVICES - PROJECT DESIGN it MANAGEMENT
Engineering = $ 903,300
Consulting Engineer-Design (Step II) $452,000
Consulting Engineer-Construction (Step III) $451,300
Legal & Financial 276,000
COUNTY SERVICES - PROJECT MANAGEMENT
Engineering
Administration
Right-of-Way (Including Legal)
Construction Inspection
Soil Erosion Permit (Act 347)
CONTINGENCY
Sub-Total, Estimated Project Cost:
Contract No. 4 fi No. 5
CONTRACTED SERVICES - CONSTRUCTION
CONTRACT NO. 6
18-inch Sewer
15-inch Sewer
15-inch Tunnel Sewer
12-inch Sewer
12-inch Force Main
12-inch Force Main Tunnel
12-inch River Crossing Sewer
10-inch Sewer
10-inch Tunnel Sewer
8-inch Force Main
8-inch Force Main Tunnel
8 inch H.L. Riser
6-inch H.L. Type A
6-inch H.L. Type B
Manholes, Standard
Manholes, Drop
Access Manhole
P.S. #I, 11-Mile & Pebblecreek
Abandon Exist. P.S. #1
P.S. #4, Beech Rd & Rouge River
Abandon Exist. P.S. #2
Abandon Exist. P.S. Greenbrooke
Abandon Exist. F.M. P.S. #2 &
Greenbrooke L.S.
10-Mile Rd Culv. Ext. & H.W. L.S.
I2-inch Conc. Culv. at new M.H. 54 L.F. @ $
12-inch CMP Culv. at new M.H. 75 L.F. 0 $
TOTAL CONSTRUCTION COST - CONTRACT NO. 6
= $10,152,000
108.00 = $
100.00 =
250.00 =
100.00 =
60.00 =
200.00 =
180.00 =
73.00 =
180.00 =
47.00 -
160.00 =
40.00 =
40.00 =
35.00 =
60,372
223,600
32,000
188,900
53,100
14,000
13,500
291,562
42,300
39,950
1,600
6,720
25,160
17,685
96,000
12,000
2,500
312,000
20,000
291,000
15,000
20,000
15,000
40,000
2,160
2,590
= $ 1,838,699
559 L.F. @ $
2,236 L.F. @ $
128 L.F. @ $
1,889 L.F. P $
885 L.F. 0 $
70 L.F. @ $
75 L.F. P $
3,994 L.F. @ $
235 L.F. @ $
850 L.F. 0 $
10 L.F. @ $
168 L.F. 0 $
629 L.F. @ $ 40.00 =
393 L.F. 0 $ 45.00 =
32 Ea. @ $ 3,000.00 =
3 Ea. El $ 4,000.00 =
1 Ea. 0 $ 2,500.00 =
L.S.
L.S.
L.S.
L.S.
L.S.
Page 2 of 3 3-15-90 EXHIBIT - B
= $ 220,600
70,000
= $ 27,600
9,100
235,150
88,700
1,600
= 181,551
= $ 2,673,000
= $12,825,000
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
SEGNENT II - STAGE 3
ESTIMATE OF COST
CONTRACTED SERVICES - PROJECT DESIGN i MANAGEMENT
Engineering
Consulting Engineer-Design (Step II) $105,300
Consulting Engineer-Construction (Step III) $115,300
Legal & Financial
COUNTY SERVICES - PROJECT MANAGEMENT
Engineering
Administration
Right-of-Way (Including Legal)
Construction Inspection
Soil Erosion Permit (Act 347)
CONTINGENCY
Sub-Total, Estimated Project Cost:
Contract No. 6
TOTAL ESTIMATED PROJECT COST
NOTE: An application for Federal Grant Assistance for project costs
included in project Contracts No. 4 and No. 5 has been filed.
The amount of grant assistance has not been determined. The
estimated project costs will be adjusted by the amount of any
grant assistance received.
I hereby estimate the period of usefulness of these facilities
to be forty (40) years and upwards.
HUBBELL, ROTH & CLARK, INC.
By:
EXHIBIT - B Page 3 of 3 3-15-90
EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
SEGMENT II - STAGE 3
ESTIMATE OF COST
PROJECT COST ALLOCATION ESTIMATED
COMMUNITY CONSTRUCTION BY PERCENTAGE COST SHARE
Southfield 6 100.000 $ 2,673,000
Southfield 4 & 5 62.343 $ 6,329,100
Farmington Hills 4 & 5 15.080 $ 1,530,900
West Bloomfield Township 4 & 5 20.250 $ 2,055,800
Orchard Lake 4 & 5 2.327 8 236,200
TOTAL $12,825,000
NOTE: An application for Federal Grant Assistance for project costs
included in project Contracts No. 4 and No. 5 has been filed.
The amount of grant assistance has not been determined. The
community cost shares will be adjusted by the amount of grant
assistance received.
3-15-90 EXHIBIT C
3. CONFLICTING RESOLUTIONS. All resolutions and parts
of resolutions insofar as they may be in conflict herewith are
hereby rescinded.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move adoption of theforeg91,Ag resolution.
NING/AND BUILDING COMMITTEE
CRM/09007/0215/AE0/2
-3-
Resolution # 90156 June 28, 1990
Moved by Crake supported by Chester the resolution be adopted.
AYES: Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Price, Rewold, Skarritt, Aaron, Bishop. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on June 28, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 28th day pfl' June 19 90
Lynn 4). Allen, County Clerx