HomeMy WebLinkAboutResolutions - 1989.03.09 - 17019Miscellaneous Resolution # 89060 March 9 , 1989
BY PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson
IN RE: DRAIN COMMISSIONER -- RESOLUTION TO APPROVE
HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-
NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT
CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County") has
established, constructed and acquired the Huron-Rouge Sewage
Disposal System Walled Lake Arm pursuant to the provisions of Act
No. 185, Public Acts of Michigan, 1957, as amended; and
WHEREAS, the Huron-Rouge Sewage Disposal System Walled
Lake Arm consists in part of ,a wastewater treatment plant to
serve the Cities of Walled Lake and Novi (the "Walled Lake - Novi -
Wastewater Treatment Plant"); and
'WHEREAS, it is necessary to improve and enlarge the said
Walled Lake - Novi Wastewater Treatment Plant; and
WHEREAS, by the terms of Act No. 342, Public Acts of
Michigan, 1939, as amended ("Act 342"), the County and the Cities
of Walled Lake and Novi (the "Cities) are authorized to enter
into a contract for the acquisition, construction and financing
of the Huron-Rouge Sewage Disposal System Walled Lake - Novi
Wastewater Treatment Plant 1989 Enlargement (the "Project") con-
sisting of improvements and enlargements to the Walled Lake -
Novi Wastewater Treatment Plant and for the payment of the cost
thereof by the Cities, with interest, and the County is then
authorized to issue its bonds to provide the funds necessary
therefor; and
WHEREAS, there has been submitted to this Board of
Commissioners a proposed contract (the "Contract"), dated as of
March 1, 1989, among the County, by and through the County Drain
Commissioner, County Agency, party of the first part, and the
Cities, parties of the second part, which Contract provides for
the acquisition, construction and financing of the Project and
hereinafter is set forth in full; and
WHEREAS, there also have been submitted for approval and
adoption by this Board of Commissioners, preliminary plans and
specifications and estimates of the cost and period of usefulness
of the Project; and
WHEREAS, the Contract provides for the issuance of bonds
by the County to defray the cost of the Project, said bonds to be
secured by the contractual_.obligations of the Cities to pay to
the County amounts sufficient to pay the principal of and inter-
est on the bonds and to pay such paying agent fees and other
expenses as may be incurred on account of the bonds; and
WHEREAS, this Board of Commissioners desires to proceed
with the establishment of Walled Lake - Novi Wastewater Treatment
Plant 1989 Enlargement Project and the approval and execution of
the Contract to acquire, construct and finance the Project as
provided in the Contract.
THEREFORE, RE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF OAKLAND COUNTf, MICHIGAN, as follows:
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1. ESTABLISHMENT OF PROJECT AND DESIGNATION OF COUNTY
AGENCY. This Board of Commissioners hereby authorizes and
directs that there be established, and there hereby is estab-
lished, under and pursuant to Act 342, a system of sewage dis-
posal improvements to be known as the Huron-Rouge Sewage Disposal
System Walled Lake - Novi Wastewater Treatment Plant 1989
Enlargement Project (the "Project"), which shall consist of the
improvements and enlargements to the Walled Lake - Novi
Wastewater Treatment Plant specified and to be located as shown
in Exhibit A to the Contract; that the Project shall serve the
Cities; that the Oakland County Drain Commissioner is designated
and appointed as the "County Agency" for the Project; that the
County Agency shall have all the powers and duties with respect
to the Project as are provided by law and especially by Act 342;
and that all obligations incurred by the County Agency with
respect to the Project, unless otherwise authorized by this Board
of Commissioners, shall be payable solely from funds derived from
the Cities as hereinafter provided.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF
USEFULNESS AND COST. The preliminary plans and specifications
for the Project and the estimates of $5,550,000 as the cost
thereof and of 25 years and upwards as the period of usefulness
thereof, as submitted to this Board of Commissioners, are
approved and adopted.
3. APPROVAL OF CONTRACT. The Huron-Rouge Sewage
Disposal System Walled Lake - Novi Wastewater Treatment Plant
1989 Enlargement Contract, dated as of March 1, 1989, among the
County, by and through the County Drain Commissioner, party of
the first part, and the Cities, parties of the second part, which
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Contract has been submitted to this Board of Commissioners, 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 appro-
priate officials of the Cities. The Contract reads as follows:
HURON-ROUGE SEWAGE DISPOSAL SYSTEM
WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT
1989 ENLARGEMENT CONTRACT
THIS CONTRACT, made and entered into as of the
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first day of March, 1989 by and among the COUNTY OF OAKLAND,
a county corporation in the State of Michigan (hereinafter
sometimes referred to as the "County"), by and through its
Drain Commissioner, County Agency, party of the first part,
and the CITY OF WALLED LAKE and the CITY OF NOVI, home rule
cities located in the County (hereinafter sometimes referred
to as the "Cities"), parties of the second part.
WITNESSET H:
WHEREAS, the County heretofore has established the
Huron-Rouge Sewage Disposal System pursuant to the provi-
sions of Act No. 185, Public Acts of Michigan, 1957, as
amended; and
WHEREAS, the County, through its Board of Public
Works, heretofore has acquired and constructed the Huron-
Rouge Sewage Disposal System Walled Lake Arm pursuant to the
Huron-Rouge Sewage Disposal System Walled Lake Arm Agreement
dated as of September 1, 1966, among the County, the City of
Walled Lake and the Village of Novi (now the City of Novi)
and amendments to said agreement dated February 1, 1969 and
April 1, 1969 (said agreement as amended herein referred to
as the "Base Agreement"); and
WHEREAS, the said Walled Lake Arm consists in part
of a wastewater treatment plant to serve the Cities (said
wastewater treatment plant herein designated as the "Walled
Lake-Novi Wastewater Treatment Plant"); and
WHEREAS, it is necessary to improve and enlarge the
Walled Lake-Novi Wastewater Treatment Plant; and
WHEREAS, pursuant to Act No. 342, Public Acts of
Michigan, 1939, as amended (hereinafter sometimes referred
to as "Act 342"), the Board of Commissioners of the County,
by majority vote of its members-elect, has authorized the
acquisition and construction of a project consisting of the
hereinafter described improvements and enlargements to the
Walled Lake-Novi Wastewater Treatment Plant to serve the
Cities, said project to be known as the "Walled Lake - Novi
Wastewater Treatment Plant 1989 Enlargement (hereinafter
sometimes referred to as the "Project"), and has designated
the Oakland County Drain Commissioner as the County Agency
for the Project with all powers and duties with respect
thereto as are provided by Act 342 (said Drain Commissioner
being hereinafter sometimes referred to as the "County
Agency"); and
WHEREAS, under and subject to the terms of Act 342,
the County is authorized, through the County Agency, to
acquire and construct the Project, the County and the Cities
are authorized to enter into a contract for the acquisition
and construction of the Project 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 credit of the Cities to pay their respective shares of
such cost with interest to the County in installments
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extending over a period not exceeding forty (40) years and
the County is authorized to issue such bonds and 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 the Project to
promote the health and welfare of the residents of the
Cities, which facilities would likewise benefit the County
and its residents, and the parties hereto have concluded
that the Project can be provided and financed most economi-
cally and efficiently by the County through the exercise of
the powers conferred by Act 342, and especially Sections 5a,
5b and 5c thereof; and
WHEREAS, preliminary plans for the Project and
estimates of the cost ;and the period of usefulness of the
Project have been prepared by McNamee, Porter & Seeley
(hereinafter sometimes referred to as the "consulting engi-
neers") and have been submitted to and approved by the Board
of Commissioners of the County and the governing bodies of
the Cities and placed on file in the office of the County
Agency, said estimates being set forth on 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 all-or part of the cost thereof by the issuance
of County bonds, and for other related matters, it is neces-
sary for the parties hereto to enter into this contract.
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THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOL-
LOWS:
1. The parties hereto hereby approve and agree to
the establishment, acquisition, construction and financing
of the Project under and pursuant to Act 342. The Cities,
by way of compliance with Section 29, Article VII, Michigan
Constitution of 1963, consent and agree to the establishment
of the Project and its location within their corporate
boundaries and to the use by the County of their 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 the
Cities agree further that, in order to evidence and effectu-
ate the foregoing agreement and consent, they 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 the improvements
and enlargements to the Walled Lake-Novi Wastewater Treat-
ment Plant shown and described on Exhibit A which is
attached hereto and is 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
approved and adopted. The Project shall be acquired and
constructed substantially in accordance with the said pre-
liminary plans and in accordance with final plans and spe-
cifications to be prepared and submitted by the consulting
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engineers, but variations therefrom which do not change
materially 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 resolu-
tions of the governing bodies of the Cities and if provi-
sions required by paragraph 8 hereof are made for payment or
financing of any resulting increase in the total estimated
cost. The estimates of the cost and the period of useful-
ness of the Project, as set forth in Exhibit B, are 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 defray that part of the
total cost of the Project which is in excess of funds avail-
, able from other sources. such bonds shall be issued in
anticipation of, and be payable primarily from, the payments
to be made by the Cities to the County as provided in this
contract and shall 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.
4. The County Agency shall proceed to take con-
struction bids for the Project and, subject to the sale and
delivery of bonds, enter into construction contracts with
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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
reasonable time and do all other things required by this
contract and the laws of the State of Michigan 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 agrees that it will secure and maintain,
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 Cities shall be
insured parties thereunder and shall contain a provision
requiring that the Cities be notified at least ten days
- prior to cancellation thereof. One copy of each policy or
memorandum of insurance shall be filed with each City.
S. It is understood and agreed by the parties
hereto that the Project is to serve the Cities and not the
individual property owners and users thereof. The responsi-
bility of requiring connection to and use of the Walled Lake
Arm and/or providing such additional facilities as may be
needed shall be that of the Cities which 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
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other than those designated in paragraph 2 hereof. The
Project is an improvement, enlargement and extension of the
Walled Lake Arm and the Base Agreement shall apply to the
Project except as modified herein for specific application
to the Project.
6. The Cities shall pay to the County the total
cost of the Project (less such funds as may become available
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 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 admini-
strative 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 and the
obligations of the Cities are allocated between the Cities
as follows:
City of Walled Lake 50%
City of Novi 50%
Payments 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. An annual install-
ment shall be paid in each year if any principal and/or non-
capitalized interest on the bonds falls due during the
twelve-month period beginning on such principal maturity
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date in said year, and the amount of each installment so due
and payable shall be at least sufficient to pay each City's
share of all such principal and/or interest thus falling due
and all bond service charges then due and payable. The
County Agency, within thirty days after delivery of the
County bonds to the purchaser, shall furnish the Treasurer
of each City with a complete schedule of the principal and
interest maturities thereon, and the County Agency, at least
thirty days before each payment is due to be made by each
City, also shall advise each City Treasurer of the amount
payable to the County on such date. If a City fails to make
any payment to the County when due, the same shall be sub-
ject 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 City from the
obligation to make payment when due. Such payments shall be
made by each City when due whether or not the Project has
then been completed or placed in operation. In the event
that additional County bonds shall be issued under the
authority of this contract to defray a part of the cost of
the Project, the foregoing obligations shall apply to such
part of the cost and to said additional bonds insofar as
appropriate thereto.
If a grant, advance or payment becomes available
from the state or federal government or any other source,
each City hereby agrees to adopt such resolutions or
ordinances as may be required by state or federal laws,
regulations or orders to make the County and the Project
eligible to accept and receive the grant, advance or
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payment, and if the terms of the grant, advance or payment
require a local contribution, each City hereby agrees to
raise and make such-local contribution.
7. Either City may pay all or a portion of its
share of the cost of the Project in cash prior to the
issuance of bonds in such event the obligations of the
Cities shall be adjusted accordingly. A City also may pay
in advance any one or more installments or any part thereof
(a) by surrendering to the County any of the County bonds of
like principal amount 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 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 cash payment and credit
therefor shall be limited in amount at any given time to the
amount of bonds available for redemption by call within the
twelve-month period succeeding the date of the advance cash
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
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changes permitted to be made in the approved plans or other-
wise, then (without execution of any further contract or
amendment of this contract) the governing bodies of the
Cities, by resolutions adopted within fifteen days after the
receipt of construction bids, may 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 change materially the general scope,
overall design and purpose of the Project, or in the absence
of the adoption of such resolutions each City shall pay or
procure the payment of its share of the increase or excess
in cash, or County bonds in an increased or additional
amount (upon adoption of an authorizing resolution therefor
by the Board of Commissioners) shall 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 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 City previously shall have adopted a
resolution approving such increase or excess and agreeing
that its share of the same (or such part thereof as is not
available from other sources) shall be paid or its payment
procured by the City in cash or be defrayed by the issuance
of increased or additional County bonds in anticipation of
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increased or additional payments agreed to be made by the
City to the County in the manner hereinbef ore provided;
provided, further, that the adoption of such resolutions by
the governing bodies shall not be required prior to or as a
condition precedent to the issuance of additional bonds by
the County if the County previously has 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 Pro-
ject 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 Pro-
ject is less than the total estimated cost, then any surplus
available to the County from the sale of County bonds or
cash payments made by a City, at the option of the governing
bodies, shall be used to improve, enlarge or extend the
Project or the Walled Lake Arm, to apply upon future pay-
ments 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 Project or the
Walled Lake Arm only if authorized by the Board of Commis-
sioners. Surplus attributable to a cash payment made by a
City may be refunded to the City. Any such surplus, for the
purpose of improving, enlarging or extending the Project or
the Walled Lake Arm, may be supplemented by cash payments to
be made by the Cities, or such improvements, enlargements or
extensions may be financed entirely from such cash payments
if authorized by the governing bodies of the Cities. If
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such surplus is used to redeem or purchase bonds, the same
Shall be cancelled, and the payments thereafter required to
be made by the Cities 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 City fail for any reason to pay the
County at the times specified the amounts herein required to
be paid, the City hereby authorizes the State Treasurer or
other official charged with the disbursement of unrestricted
state funds returnable to the City 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 a City, 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 the City which is
delinquent 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 a City.
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11. Each City, 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 delin-
quencies 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 the City
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
otherwise are 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 City to levy taxes is subject
to constitutional, statutory and charter limitations. The
governing body of each City each year, at least 90 days
prior to the final date provided by law for the making of
the annual City tax levy, shall submit to the County Agency
a written statement setting forth the amount of its obliga-
tions 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 City 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 City
taxes 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 City tax levy is insufficient, he shall so notify
the governing body, and the City hereby covenants and agrees
that it thereupon will increase its levy to such extent as
may be required by the County Agency;
12. No change in the jurisdiction over any
territory in either City shall impair in any manner the
obligations of this contract or affect the obligations of
the City hereunder. In the event that all or any part of
the territory of a city is incorporated as a new munici-
pality 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 obligations (including the pledge of full faith
and credit) of the City, 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 the City, by mutual agree-
ment and with the written approval of the County Agency,
shall fix and determine such proper proportionate share.
The County Agency, prior to making such determination, shall
receive a written recommendation as to the proper propor-
tionate share from a committee composed of one representa-
tive designated by the governing body of the City, 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
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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 representa-
tive (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 bonds 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
Sections 5a, 5b and 5c .. 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 this contract is extended by mutual agreement it
shall become null and void, except that each City shall pay
its share of all engineering, legal and other costs and
expenses theretofore incurred and shall be entitled to all
plans, specifications and other engineering data and
materials.
14. Upon completion ,of the Project it shall be
operated as part of the Walled Lake Arm in accordance with
the Base Agreement. The Base Agreement is amended to
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provide that the maximum number of units which the County
shall be required to serve within each City shall be as
follows:
City of Walled Lake 5,000
City of Novi 5,000
15. 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.
16. 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 each City to the making of its
share of the payments as set forth in this contract, will
have contractual rights in this contract, and it is there-
fore 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 affect adversely either the security of the
bonds or the prompt payment of the principal of or the
interest on the bonds. 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 impair in
any way the contract of said bonds, the security therefor or
the prompt payment of the principal of and the interest on
the bonds. It is 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 the bonds or to the payment or the security
thereof, shall be deemed to be for the benefit of the
holders of said bonds.
17. The County Agency shall prepare, with the aid
of its consultants, such convenants, representations and
warranties and have adopted by officials of the County and
the Cities such procedures for construction, accounting,
payment and operating as are necessary to assure that
interest on the bonds will be and will remain exempt from
gross income for federal income tax purposes. Such cove-
nants, representations and warranties and such procedures
shall be evidenced by and set forth in certificates or
resolutions prepared for the County Agency which the Cities
and the County agree to approve, execute and adopt at or
prior to issuance and delivery of any bonds.
18. In the event that any one or more of the pro-
visions of this contract for any reason shall be held to be
invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect
any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable pro-
vision had never been contained herein.
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19. This contract shall become effective upon its
execution by each party hereto and the expiration of 45 days
after the date or dates 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 City Clerk of a City in accordance with the provi-
sions of said Section 5b of Act 342 then this contract shall
not become effective until approved by the vote of a major-
ity of the electors of the City qualified to vote and voting
thereon at a general or special election. 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 of 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 under-
signed, being duly authorized by the respective governing
bodies of such parties, all as of the day and year first
above written.
COUNTY OF OAKLAND
BY:
County Drain Commissioner
(County Agency)
CITY OF WALLED LAKE CITY OF Nov/
By: By:
Mayor Mayor
By: By:
Clerk Clerk
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HURON—ROUGE SEWAGE DISPOSAL SYSTEM
WALLED LAKE NOVI WASTEWATER TREATMENT PLANT
1989 ENLARGEMENT •
P-ciect Description
The proposed Walled Lake-Novi Wastewater Treatment Plant Project
consists of the construction of a new activated sludge treatment
unit, a new administration building housing laboratory
facilities, a new blower building housing the process blowers,
sludge pumps and rotary sludge thickener. The proposed
improvements also include necessary site revisions to accommodate
the above structures plus a sludge storage tank far stabilization
of the sludge.
The modifications include addition of an auxiliary screen channel
with mechanically clean bar screen, replacement of the existing
raw sewage pumps, additional raw sewage forcemain to the grit
chamber, revisions to the grit chamber to provide for Vortex grit
removal, modifications of the existing three treatment tanks to
provide for fine bubble diffusion and metering of waste flows,
addition of sulfur dioxide to the effluent to meet the total
residual chlorine limit in the permit, and addition of reaeraticn
capabilities to the clearwell to meet the dissolved oxygen'limit.
In order to meet the phosphorus limitation of 0.24 mg/liter, the
existing alum feed will be revised to provide for 2-stage
addition, one location in the aeration tank and one location
after the clarifier prior to the filters.
Waste activated sludge solids will be thickened with the use of a
rotary drum thickener before stabilization. Low pressure blowers
will be provided for stabilization of the activated sludge in
these sludge storage tanks. Sludge pumps will be provided to
transfer the sludge to tanker trucks or to the sludge drying
beds.
EXHIP,IT "A"
TOTAL ESTIMATED PROJECT COST
373,000
$5,550,000
CONTINGENCY
HURON-ROUGE SEWAGE DISPOSAL SYSTEM
WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT
1989 ENLARGEMENT
ESTIMATE OF COST
CONTRACTED SERVICES CONSTRUCTION
Raw Sewage Screening
Raw Sewage Pumps and Equalization Revisions
Fourth Treatment Unit
Grit Removal
Aeration and Process Tank Revisions
Dechlorination
Sludge Thickening and Storace Facilities
Administration and Laboratory Building
Flow Recorders on Tank Influent
Alarm and Flow Panel in Service Building
Repainting Treatment Tanks
Water Softener and Iron Removal
• New Potable Water Well
Roadway Paving
Sidewalks, Stems, Handrail
Laboratory Equipment
Equipment Repair and Storage Building $25/sf
Chlorine Room Renovation
Phosphorus Removal License Fee
Landscaping
• Standby Generator
$ 250,000
195,000
540,000
153,000
1,101,000
57,000
560,000
540,000
24,000
150,000
50,000
3,000
10,000
90,000'-
10,000
95,000
20,000
7,000
105,000
5,000
100,000
Total Construction Cost
CONTRACTED SERVICES - PROJECT DEVELOPMENT & MANAGEMENT
Engineering - Consultants
Report
Pilot Plant Studies & Chemical Tests
Design
General Engineering
Resident Engineering
Start-up Training, 0 & M Manual
Performance Monitoring,
Soil Borings
Compaction Testing
Bond Counsel
.Financial Advisor
Official Statement
Rating Fees
Bond Printing
Bond Advertisement
CPA Report
Bond Discount
COUNTY SERVICES - PROJECT MANAGEMENT
Engineering
Administration
Right-of-Way (Including Legal)
Land Acquisition (18 Acres)
Soil Erosion Permit (Act 347)
$4,065,000
603,000
26,000
17,000
5,000
8,000
3,000
4,000
5,000
111,000
40,000
5,000
10,000
270,000
5,000
10,000
- 25,000
243,000
87,000
160,000
40,000
20,000
8,000
10,000
I hereby estimate the period of usefulness of this facility to be
twenty-five (25) years and upwards.
(;"
McNamee :: rter and Seeley
,
By:
February 1, 1989
EXHIBIT - "B"
_,„,rdsj,
Planning & Building Committee
Mr Chairperson, on behalf of the Planning and Building
Committee, I move adoption of the foregoing Resolution.
FOREC,ONG RESOI LIMN
RESOLUTION # 89060' March 9, 1989
D. ALLEN, County Clerk
ister of Deeds
Moved by Hobart supported by Calandra the resolution be adopted.
AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop,
Caddell, Calandra, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn,
S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
1
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 the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on March 9 , 1989 with the original record thereof now remaining
on file 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 this 9th day of March , 19813