HomeMy WebLinkAboutResolutions - 1989.09.28 - 17203September 28, 1989
MISCELLANEOUS RESOLUTION # 89249
BY: PLANNING AND BUILDING COMMITTEE,
Anne M. Hobart, Chairperson
IN RE: DRAIN COMMISSIONER -- RESOLUTION TO APPROVE
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
INTERMUNICIPAL CONTRACT CONCERNING WASTEWATER
TREATMENT AND POLLUTION CONTROL PROJECTS
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 7
the Oakland County Drain Commissioner was designated and
appointed as the "County Agency" for the Systems for the
accuisition, 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 Exhibit C-1 and C-2 set forth in the
Contract hereto attached and incorporated herein, and will
coordinail6 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 facilities and capacities for the transportation
and treatment of sanitary sewage emanating from the services
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 Environmental 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 facilities herein described,
particularly by reference to the Exhibits to the Contract
hereto attached by this reference incorporated herein, some
of which additional facilities as described on Exhibit C-1
are called the "Project" and the balance of which additional
facilities are described on Exhibit C-2 all of which are
called the "additional facilities" in said Contract; and
WHEREAS, preliminary plans for the Project
described in Exhibit Cl attached to the form of Contract
and also estimates of the cost of such Project and the
period of usefulness 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 Commissioners of the County, said
-2-
estimates being set forth in Exhibit D 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 and other additional facilities described in the
said Contract pursuant to Act 342, which Contract is
hereinafter set forth in full.
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS-
SIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST.
The estimate of $2,425,000 as the cost of the Project
described on Exhibit C-1 to the Contract and the estimate of
-, 40 years and upwards as 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 Systems Intermunicipal Contract
Concerning Wastewater Treatment and Pollution Control
Projects, 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
-3-
H:
WHEREAS rursuant Eve -e- Sewage Disocsal the
EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
INTERMUNICIPAL CONTRACT CONCERNING
WASTEWATER TREATMENT AND POLLUTION CONTROL PROJECTS
THIS CONTRACT, made and entered into as of 30th day of
Seotemer, 1969, by and among the COUNTY OF OAKLAND, a county
corporation (the "County"), and the CITY OF AUBURN HILLS, the
VILLAGE OF BEVERLY HILLS, the VIT,Trz1GE OF BINGHAM FARMS, the CITY
CF BIRMINGHAM, the TOWNSHIP OF BLOOMFIELD, the CITY OF BLOOMFIELD
HILLS, the CITY OF FARMINGTON, the CITY OF FARMINGTON HILLS, the
VILLAGE OF FRANKLIN, the CITY OF KEEGO HARBOR, the CITY OF
LATHRUP VILLAGE, the CITY OF ORCHARD LAKE VILLAGE, the CITY OF
SOUTHFIELD, the CITY OF TROY and the CHARTER TOWNSHIP Or- WE
;17 -0CY777777.-D, all Michigan municipal corporations located in the
County of Oakland, State of Michigan, (collectively, the "Munici-
tal 4 ties" or individually, a "Municipality").
WITNESS
WHEREAS, the Oakland County Board of SuPervisors by
resolution, Misc. No. 3269, adopted August 12, 1957, as amended
by resolution, Misc. No. 3435, adopted Cotober 13, 1952, did
approve the establishment of the Evergreen Sewage Disincsal System
(the "Evergreen System') to serve the Evergreen Sewage Disposal -
District (the "Evergreen District"), within which Evergreen
District are included area= in each of the mun 4 c 4 pal corgeons
hereinafter named; and
System Agreement, dated November 10, 1958, as amended by amenda-
tory agreements dated December 22, 1958 and February 9, 1959, all
between the County and the Cities of Southfield, Birmingham,
Bloomfield Hills, Lathrup Village and Troy, the Village of
Westwood (now Village of Beverly Hills), and the Townships of
Bloomfield and Pontiac (now the City of Auburn Hills), the
County, acting through its Department of Public Works, did
accuire the original Evergreen System and did finance such accui-
sition 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 (the "Evergreen
Agreement"); and
WHEREAS, the Oakland County Board of Supervisors by
resolution, Misc. No. 4115, adopted March 6, 1953, did enlarge
the Evergreen District to include all of the Village of Franklin
and all of the Village of Bingham Fe-ms within the area to be
served by the Evergreen System; and
WHEREAS, the Oakland County Board of Subervisors by
resolution, Misc. No. 3270, adopted August 12, 1957, as amended
by resolution, Misc. Nc. 3339, adopted Januarv 24, 1958, did
actrove the establishment of the Farmington Sewage Disposal
System (the "Farmington System") to serve the-Farmington Sewage
Disposal District (the "Farmington District") within which
Fa-mington District are included areas in each of the municip
corporations hereinafter named; and
pursuant suen. the Farmington Sewage Disposal
System Agreement, dated November 1, 1957, as amended by amenda
toi acreements date ,-! December 22, 1 958 and Febuary 9, 1959, all
between the County and the Cities of Southfield and Keegc Harbor
and the Townships of West Bloomfield and Farmington (now City of
Farminaton Hills), the County acting through its Department of
Public Works, did acquire the original Farmington System and did
-2-
finance such accuisition 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 (the "Farmington Aareement'); and
WHEREAS, by annexation of part of the former Township of
Farmington the City of Farmington has become a user of the
Farminaten System and has area included in the Farmington
District; and
WHEREAS, under informal arrangements with the County and
the Township of West Bloomfield, subsequently incorporated and
formalized in an Amendatory Agreement to the Farmington Agreement
dated as of May 19, 10 87, with members of the Farmington System,
the City of Orchard Lake Village has become a user of the
Farmington System for a part of its area and its entire area is
now herein incorporaticned in the service area; and
WHEREAS, the State of Michigan Department of Natural
Resources (herein "MDNR") with the concurrences of the United ,
States Environmental Protection Administration (herein 'USEPA')
designated the areas and districts served by the Evergreen System
and the Farmington System as a single plan of study area for the
purposes of qt=,-, T F=c 4 7i1"=c P 1,=nn 4 neT and dg=i-rm4 ne,4 thA -t- thete
is a ng,Acle" to cbtain q --d 4 =c and e=t 4 Mat'=q fn'" the _
necessarv improvement= and re lief facilities to accempin the
abatement of pollution, control of pollutants and ncllut 4 =
discharges, and the relief of both the Evergreen System and the
zarmingtt_ ), and
the services areas of the Systems the jurisdiction of the in
WHEREAS, by Resolution No. 7674, adonted September 2,
1976, the County established by consolidation and merger under
and tursuant to Act No. 342, Public Acts of Michigan, 1939, as
amended, a system of sewage dismosal imnrovements and services to
serve the areas and the districts heretofore designated and
described in Oakland County, Michigan, in Resolutions No. 3259,
3475 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 aptointed as
the "County Agency" for the Systems for the acguisiticn,
construction and financing of new facilities with all the powers
and duties with ras rect to the adcuisit'cn, 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 applic ant and has made
and will make applicririns 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
Exhibit .C-1 and C-2 hereto attached and incorporated herein, and
will coordinate and supervise the compliance with and performance .
of conditions and tents of said grants; and
WHEREAS, in order to obtain and in order to
ertl=rm extend and relieve the Systems „, and to provide .1
Municipalities additional facilities and caPecities for the
transoortation and treatment or sanitary sewed= emanating from
Municipalities and to abate and control pollution and polluting
discharges and to comply with requirements imposed by the USEPA
-4-
. reha , 7 = ° r.,*!
est-imates for the trotosed additional far-,47;t-°=c and
and MDNR, it is necessary that the County and th e -Municitalities
enter into this Contract for construction of and service by the
existing faciilties and by addtional facilities herein described,
tarticularly by reference to the Exhibits hereunto attached and
by this rei'g,---ence inco crated in this Contract, some of which
additional facilities as described on Exhibit C-1 are herein
called the "Project and the balance of which additional
facilities are described on Exhibit C-2; and
WHEREAS, preliminary plans for the Project described in
Exhibit C-I attached hereto and also estimates of the cost of
such Project and the period of usefulness thereof have been
preca,-ed by Hubbell, Roth & Clark, Inc. (hereinafter sometimes
as have been submitted
to and aroroved by the ;, zca--A Commissioners 0J. the County and
the aoYerninc bodies of the Municitalities and placed on file in
the office of the County Acency, said estimates being set forth
in Exhibit D attached and
WHEREAS, the County, through its County Drain Commis-
sicner, has undertaken to p -r-=-1 -= descriptions of the additional
abatement of pollution, allocations of c=c=e-;t4=c and cost
rehabilitation or f acilities adecuateiv
‘.1", -7 4 70, = C r pe rz icns Lnereo -=-4---
area and has had attroved by USE7:,A. and M7 NR a R.,,-vi==A Y=xim-71,
year Community Cutlet Rate for the 2025 as set fr.,,-th on r"h;1-;t
"E hereunto attached herein "Town andd; j,
described and C-2 shall serve an area and the P
WHEREAS, the allocation of the costs of the Project
described in Exhibit C-1 attached hereto, which costs are set
forth in Exhibit D attached hereto, and the estimated cost shares
of the Municicalities thereof are sat forth in Exhibit E attached
hereto; and
WHEREAS, the MDNR has entered Final Orders of Abatement
with resoect to the County and each Municipality listed in
Exhibit F attached hereto, which orders, among other things, set
forth timing reauirements for the acquisition, construction and
financing of the additional facilities of the Systems as
described on Exhibits C-1 and C-2; and
WHEREAS, in eeesenr to ostaen .e(4.eael eea reee and to 4=aea
county bonds, if necessary, finance and construct the C-I
Project and the additional facilities shown on Exhibit C-2 and to
deliver sewaae disposal services therefrom, it is necessary thee
the County and the Municicalities enter into this Contract.
NOW, THEREFORE, in consideration of the premises and the
covenants of each other, the parties hereto agree as follows:
1. The parties hereto amorove the immediate
construction of the C-1 Project and the providing of services
the-ef-em in the Ceuntv. The entire areeiaierel facilit ies -—
munioitalities or portions thereof in Ceeetv the ea- --- , as dee e -4 .reeel i n
Exhibit A, by construction of the additional facilities described
as the Project in Exhibit C-I and the additional facilities in
Exhibit C-2. The Systems shall consist of all of the existing and
additional facilities as shown in Exhibit A and allocated
capacities of the Systems as shown on Exhibit B, as well as the
-6-
forth Exhibit B with the understanding that other cost
acquisition, construction and financing of additional
in one or more of the
c.
, as well as to carry
Project and the other additional facilities to be hereafter
acquired as shown on Exhibits C-1 and C-2.
2. The Project is proposed to be constructed as
hereinafter provided in two segments. Such segments and the
facilities to be constructed within each segment are shown in
Exhibit A and Exhibits C-1 and C-2.
3. The Municipalities approve the total Town Capacities
of the entire Systems. The allocation of the costs of the various
additional facilities shown on Exhibit C-1 shall be based upon the
percentages set forth in Exhibit E. The Municipalities approve
the cost allocation and the estimated cost share of the costs of
the additiene 7 fr-i 14 +'441 tortien deecri"-ec in 17 xh 41-it C-7 , as set
allocations will be prepared for such additional facilities which
serve or benefit less than all of the Municimalities as indicated
on Exhibit C-2. The Municipalities agree to fulfill the terms of
their respective Final Orders cf Abatement as listed in Exhibit F
and to enter hereafter into contracts, amendments or sumplements
necessary to carry out such terms and to provide for the
facilities described on Exhibit C-2, including rehabilitation and
4. It is anticipated by the parties hereto that the
Project A ",4-1,=1.- additional f ac ili ties 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 and other additional facilities
it is anticipated that each or all will be eligible for Federal
-7-
all powers, duties functio ns of the Counter created pursuant ant
Pr c t
grants with restect to segment 1 and segment 2 and all parties
hereby agree that the Project and other additional facilities
shall be completed as recuired by the provisions of said 40 CFR
35.2108 and by the aforesaid Final Orders of Abatement, as now or
hereafter in effect. The parties shall be obligated to
particioate in the financing of the Project and the other
additional facilities and shall be primarily liable for payments
due to retire bonds for the construction of all segments of the
Project or other additional facilities or cash payments for such
construction until all such segments are financed, constructed and
placed in service, even if Federal grant funds are not available.
The Counter will acquire and construct the Project
and other -F=,:74 ---____-__ -7.z== as shown on Exhibits C-I anei
cause bids to he taken for such acquisition and construction and
cause contracts to be executed, resolutions adopted and other
actions taken necessary to finance the Project and other
additional f a,-.7144-4=s . The e Municinalleies agree adent
-.. 1 4.4 r=4.104.11,....ons, publish notices of referendum or for eleete7--1
annroval, execute contracts and -take other actions necessary to e
finance the Project and other additional facilities. The County,
with the consent of all Municipalities, may hereafter agree, by
amendment to this Contract, to substitute another public cernorate
entity or agency in place of the County and to delegate thereto
hereto or pursuant to law. In no event will any construction
contract be entered into for the acquisition of any seament of the
7-te3=et Cr or other =r4 t4 4+.4r,T1 =1 facilities prior to the sale of
bonds, receipt of advances and/or execution of a grant contract in
acgredate amount necessary for the financing of that segment of
6. The Project and other additional facilities shown on
Exhibits C-I and C-2 shall be acauired, constructed and become
additions to the Systems in acctrtance with Plans finally attroe -pr;
- by the MENR and the USEPA, and as described in the atulications
for grants, all substantially in accordance with the final bid
plans and stecifications and contract costs and estimates as
pretared and submitted by the consulting engineers, but variations
therefrom during construction which do not materially change the
location, capacity or overall design of the Project and other
additional facilities and which do not require an increase in the
final estimated cost thereof, may be permitted on the authority of
the County with the attroval, where necessary, of the USEPA and
MENR. Other variations or chances may be made as abtroyed by the
County, the USEPA, the vrArp, and by resolutions o= the ae-e-nin- e
bodies of the Municine 7 it-ies affected. All matters relating to
engineering plans and stecifications, together with the making and
letting of final contracts for acauisition and construction of the
Project and other additional facilities, the attroval of the work
and materials therefor, and construction supervision, shall be
under the exclusive control of the County which shall process all
necessary USEPA and MENR aptleovale.
7. Notwithstanding any provisions herein to th
contrary, the Ynneeliies are,== to pay to County their
respective shares of the ,-,,,,- C-i Project costs ___e_e by
Exhibits D and E on a date to be riel-ermined by the County Agency
after not lees than days' notice to the
me n ie4 a 14t4mc. The Municipalities may pay such shares by cash
bonds advance or by the -__ee-e_ ieee -nee Cr: County ifl the event that
payment of the share of any Municitality shall be anticinated
County bonds, such Municipality shall give notice of referendum on
this contract with the County and pledge its full faith and credit
-9--
within its resmective boundary um its maximum amount of
shall have the right to contract any additional needed
in suncort of its obligations under this contract as to the
Project pursuant to the provisions of Sections 5(a), 5(b) and 5(c)
of Act 342, or the Municipality shall obtain electoral approval of
this contract.
8. The Municipalities, by way of compliance with
Section 29, Article VII, Michigan Constitution of 1963, consent
and agree to the establishment and location of the Project as
described on Exhibit C-1 and of other additional facilities as
described on Exhibit C-2 and any extension, improvement or
enlargement thereof, within their corporate boundaries and to the
use by the County of their streets, highways, alleys, lands,
or other pvce 14,- 111,=n.7.= for the purpose and
far-4 '4--'=.= of the Project and any i.rovamenz, en..argemenz or
extension thereof, and the Municipalities further agree th
order to evidence and effectuate the forecoina agreement and
consent, they will execute and deliver to the County such grants
of easement, riaht-of-way, permit Cr consent as may he requested
by the County.
9. For the term of this Contract, each Municipality
hereby agrees to transmit to the Systems all wastewater collected
in
° -V1^—° i .l " ae f orth n Exhibit excemt as provided in
.ds.-,at4.4.**A4 at recer,ri-e points in the System s ce=4 -=-Peed by the
LAIQL, County, and the County agrees the Systems shall ar—emt and
dispose of such wastewater, for treatment at the City of Detroit.
• After a Mun;cimality reaches -1:-" its Town C=racitv, said Munif"ma__L
camacity outside the service district, but said Municie 141-17 sha ll
retain its obligation to deliver its Town Capacity, as set forth
in Exhibit B, to the Systems. The County agrees that all
-10 -
Munic 4 oalities shall retain the right to deliver wastewater in
amounts, as set forth in Exhibit B, to the Systems for the te-m of
this Contract, includina any extension thereof, so long as sa 4,-;
; Municipalities shall continue to pay amounts specified herein for
such service and/cr for a share of the cost of the additional
facilities of the Systems. No Municipality shall have the right
unilaterally to terminate or reduce such payments, but if any such
Municioality shall breach such obligation, the Count', 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
paragraph 13.
The sz... s.sschasce of wastewater into the Project or 1 11
into the other additional s.474t4e of the Systems from any
Municipality using the Project or the other additional facilities
of the Systems, whether a party hereto or not, shall not exceed
the purchased Town Capacity of such public corporation in the
Project or in the other additional facilities of the Systems.
Responsibility and authority will be vested with the County to -
oversee and regulate the discharge of wastewater from each
Municimality and take appropriate actions to protect the rights
of all public corporations in the Project and other additional
f-.14 t;SS
of the Systems to d 4 scharge um to but not in excess of
purchased caacities. it is ars:- that
reepcneibilis7
regulation, if
will entail flow monitoring and perhaps flow
n e=ea.a to trot-sot these richts. The parties
hereto agree that in the event it b ones 11.=,..c=e --",t o 4T,=-r=11
meters to monitor the flow of wastewater into the Project or the
other additional facilities of the Systems, the costs for
installation and operation of such meters shall be borne by all
parties using the Systems involved as a general system cost.
-1 1-
Should it also become necessary to construct or install
restrictive devices to limit such wastewater flow, the County
shall, to the extent permitted by law, recuire that the cost of
such construction or installation be borne by the Municipality or
Municinalities whose excess flow recuires such construction or
installation.
11. The parties hereto agree that the County will hold
legal title to and be responsible to operate, maintain and
administer the existing and additional facilities located within
the Systems. The County will cause the Systems to he onerated,
maintained and administered on the basis of sound public utility
ocerational procedure and in comoliance with contractual and
legal obligations aplicable 1-he.„1-0 and herein for the 1,-,=e;*
of the Municioalities and the residents and use-,--e therein. The
County will use its best efforts to keen all existing and
additional facilities of the Systems in proper renair and working
order. However, the Count", shall not be liable to any
Yenic 4 nalil-v, or any individual user therein, for any
interruption in service. The County will comply with all _
annlicable feei-=,-=1 or state laws, rules and regulations relative
to the construction, eneration and maintenance of the Systems.
le The carries hereto agree that the additional
facilities of the Systems are immediately necessary to preserve
and -----,- eieeee,- the public health. Th-e na-ee== further agree,
wever, that the additional facilities of the Systems are
intended to se-virA the Mun;cimalites in te e-e7-viee area and not
individual users therein, unl ess by snee;--.1 agreement between the
County and a Municipality wherein a user is located. The County
shall place upon the Municipalities the obligation to require
connection to available sewer facilities and, to the extent
-12-
(4E) days after m-A41inc County shall have sent to the
written offer to take such assinmment on terms acreed
assignment. any party Municipality desires to secure the T
permitted by law, to prohibit the acquisition or maintenance
within the service area of any public sanitary sewer or public or
private sewage disposal facilities which do not connect to the
facilities of the Systems, except by stecific written amorovai of
the County. The restonsibility of collecting wastewater and
delivering the same to the Systems shall be that each
Municitality. The Municimalities shall cause to be constructed
and maintained, in accordance with regulations of the County, the
collector facilities. The County may agree to serve areas
outside of the service area, so long as the rights of the parties
hereto are not infringed. Any revenues from such service outside
of the se -P.-vice area shall inure to the benefit of the Systems and
the attlieable buy-in to the Systems shall be arranged.
13. Regardless of any provisions of this Contract, or
any other agreement to the contrary, no Municipality a party
hereto shall directly or indirectly assign any tart Cl its rights
hereunder to any other municiPality, person or entity not a party
hereto without (1) affording to all other party Municipalities a
right of first refusal to take the rights proposed to be assigned
and (2) receiving the County's consent to such assignment.
Notice of such proposed assignment, together with all relevant
details thereof, shall be sent to the County and all
Municimalities by certi f ied mail, and, unless within fc -r.ty-l'iv
assigninr, Municipality written refusal of consent, or any
Municipality shal3 have sent to the assigning, Municipality a
hereinafter provided, the 6 4,a 14+6-46, y
Munic ipality make such
rights proposed to be assigned, then in that event, the terms of
such assignment shall be mutually agreed upon by the assigning
-13--
only current cost experience, not shall also
ether systems for services mrovided by such other syst=--ms
party, the requesting party and the County. If more than one
party Municipality elects to take um such proposed assianment,
_ the assigning Municimality may negotiate with each Municipalty
so electing. Any assignment between or among Municipalities
which are parties hereto shall not occur until apmroved by the
County as to assignee and payment arrangements and amounts.
14. All parties hereto recognize that the County will
be reszonsible to owerate the Systems on a non-profit basis for
the benefit of users and is without funds to finance, operate and
maintain the Systems excemt as those funds are obtained from
grants or from the beneficial users of the Systems -- namely, the
Municimalities. Therefore, in no event shall the County or its
general fund be charged with or liable for the cost of emeratina,
maintainin and administering the Systems. nThem Municipalities
shall mat, to the County such charges for use of the Systems
("Razes") as shall be sufficient to provide for payment of all
costs of operating, maintaining and administering the Systems in
addition to any and all payments made or contracted to be made
for the costs of the facilities of the Systems. Rates shall
recognize reasonably estimated cost levels during any period for
which such Rates are ammlied, and may include charges
ma-, be adjusted b y the ca,”nty from time to time to ceet the
ce'na c-)et.s. Cmeratien and maintenance expenses shall include
such amounts as in the jucament of the County are necessary to a a
pay for any los=e= or lecal expenses arising from the or ,e ,-et'en
and maintenance of the_ Systems, including rerair an reolacement
of t:e Systems' equipment, accessories, or acourtenancs
necessary to maintain the capacity and performance for which the
facilities were originally designed and constructed. The funds
-14-
obtained by the County from Rates shall only be used for purposes
necessary to the operation, maintenance, administration and
retair or replacement of the facilities of the Systems as
oriainally or hereafter designed and constructed.
1. The County shall establish general rules and
regulations for the Systems consistent with 33 USC 1251, etc.,
(the Federal Clean Water Act) and the USEPA rules and reaulations
controlling the quantity and quality of the discharge of the
users to the Systems. Nothing herein shall prohibit the County
from establishing rules and regulations more stringent than those
required by the aforesaid Act, if, in the judgment of the County,
stricter rules and reculations are necessary to protect the
integrity C, the Systems. each Munici al ity a grees to
enforce such rules anc amaaaia as the &a! shall
to time ar'ot'?-
areas le Exc.=ot with re=tect to those within the
ee—v 4 r.e area being ce -,-Yeri at the time of the execution of this
Contract by combined sewers, the County shall prohibit the
connection either directly or indirectly of storm water sewers to
the Systems and shall fu ,.-he -,- prohibit and prevent as nearly as
is practicable the introduction of storm water into the Systems.
It c"=aa a- a.= a es-arcic711a-7 - monitor thgl Systems t
--- the prohibition and prevention of the entry of storm
waters into the Systems. The Final Orders of ?batemenz described
in Exhibit F at -'-=cher". hereto and the Facilities Plan and rules
and ,tt 1,7 'I 4°. 41. Oa. La, aan:aa=aaaa ra°' and MDNR imtose conditions and
duties on the Munio'cal 4 tis which have combined sewers connected
to the Syst ems all of which are herein 4 ncortora,.--. Each
Municipality, by the adoption of the required ordinances, shall
comply with the County's regulations and the applicable Final
-15-
take all steps necessary to
Orders of Abatement in regard to control of storm waters and
combined sewage.
17. The County shall have the right to deny to any
Municimalitv the use of the Systems, should such Municipality be
delinguent for a period of 90 days in payment of any of the
charges due from it to the County hereunder, such denial to
continue until such delinguency ceases. The foregoing shell be
accomplished by the County by any lawful means.
18. Each Municipality shall be responsible for the
character of the wastewater originating within its boundaries,
and shall cemply with szandads rules and reculaziens
c o '11 1 41,e, discharge of wastewater 4 44 1 to the Systems, ster.e ,eese ,y
and/c ,- commercial wa=tee z and combined sewage, as
adopted and im-ccsed by the County pursuant to law and the rules
and regulations of the USEPA, the MDNR and the County. Each
Municipality, by contract or by the adoption of appropriate
ordinances, shall enforce such rules and regulations and shall
provide for and collect appropriate surcharges. If the character
of wastewater transmi tted from any Yen:c 4 =al;*y shall be such
that it impcses an unreasonable additional burden upon the
Systems, a surcharge over and a'ecye the regular Rates shall be .
established by the County for the r=es=et of such discharge or if
such discharce cannot be received by thia Systems, the County ma
,===7 on such se-ehareee or reguire t hat such discharge be
pretreated before 1--enemiee;on to the Syeteme. If neccessa-r-y, the .......„,
County shell 1-ive- the -eie:',e for 4"e eeseeeee 4 or of the Svet and _ ....-- ee_ e.... protection _ & -
the public health or safety, to deny discharge of wastewater to
the Systems, and the County may
accomplish such denial.
-16-
The County Will take al l C1',1=7,C ree".== 1.%)
accordance with plans and in
19. The County agrees to finance the Project and the
other additional facilities as shown on Exhibits C-I and C-2 in -
acoordance with any lawful means . available to it. The County
will take the following general steps:
(a) The County will submit to its Board of Commis-
sicners at actrooriate times contracts, supplements or amendments
and resolutions or ordinances providing for the issuance of
County bands necessary to finance the various additional
facilities including the Project, which bands are to be issued in
anticipation of contract obligations of one or more
Municimalities to the pavment of which obligation each
Municipality has uon A"- notice or on elector aprov al pledged
°F.°117 anr; Will reruest that the limited ax
full faith and credit of the County be pledged as secondary
security for all such financings by the County. After due
execution or adoption cf the appropriate contracts, resolutions
or ordinances, the County will take all necessary or legal
procedures and steps to e 4 l'erruate sale and delivery of the bonds
at the lowest possible cost. The County will attly for and make ,-
atcrotriate use of all available federal or state grants to pay
for a part of the cost of the Project and of the other additional
f ,..-"lities as shown on Exhibits C-I and C-2.
take bids for and enter into one or more fin a l construction
contracts for the a n and construction of the additional
facilities including the Project for the Systems stecified and
approved in this Agreement,
specifications therefor as approved herein. Said contracts sh
specify completion dates presently estimated to be as follows:
1
The County temporarily invest any Pond (e)
Segment 1: August 1, 1991
Sewer Syst em
Rehabilitation
Program in Segment 2: August 1, 1991
In.tors Local
Relief in Segment 2: September 1, 1992
(c) The County will require and procure from
contractors undertaking the actual construction and acquisition
elr the other additional fe..i14-4ac and th e p ,dj=r-t, nec e ssary and
}tends to guarantee the performance of such contract or
contracts and such lab= and material bonds as may be required by
law, in amounts and in such forms as may be approved by the
County.
(d) The County will, upon receipt of the proceeds
of sale of the bonds, federal grant funds and cash payments,
cemnly with all provisions and reauirements provided for in this
Contract, any grants and any contract and bond resolution and in
ether applicable regulations relative to disposition and use of
the i:cseds of q"^"" funds
pds or other funds held by it for the benefit of the
Municipal 4 ties as perm:tt--:-.d by law, and investment income shall
accrue to And follow the 'un(-4 pl-oducina such income. Neither the
County or the Municipalities shall invest, reinvest, or accumu-
late any moneys deemed to be proceeds of bands pursuant to the
Internal Revenue Code of 1986, as amended, and the applicable
-18-
amount of such other costs and exbenses, and the . f===
at its action, inc,uce •1 • bond handling costs, 711=1 ,7 credit
regulations thereunder, in such a manner as to cause the bonds to
be "arbitrage bonds" within the meaning of said Code and the
areolicable regulations thereunder, and all parties further agree
to use their best efforts to take all actions necessary, as
permitted by law, to maintain the exclusion of interest on the
bonds from the gross income of the holders thereof for Federal
income tax purposes.
(f) The Municibalities hereby agree that they will
ccmbly with all state and federal requirements in connection with
grants to be secured to pay a part of the cost of the additional
facilities including the Project as parts of the Systems ,
including steci 4 ically the establishment of an ri ee -s ambreere 'see-____
charge and the adczicn of an aorrorriate sewer use ordinance,
accordance with prescribed t'merable -e.
20. It is understood and reed that .6. e ea= Huniciza,eties
will timely use any available legal means to finance the
additional facilities including the Project. As other costs and
extenses accrue to the County from handling of the payments made
by the Yunicibalities, or from ether actions taken in connection
with financing, the County shall notify the Municipalities of the
f shal 7 within„ (30) days from -
notification, remit to the county .,--g-tic4=ni- funds to meet such
1..-nancing fees and other c -,qt=z and excenses in which the County
enhancement charges and other expenses. The percentage share
each Municibalitv of such costs and other extensecin connection
with financing shall be in proportion to its debt service
payments.
-19-
21. Each Municipality, pursuant to authorization of
Michigan law and subject to having fulfilled its obligation
pursuant to Act 342 or any other aoolicabie Michigan Act to give
due and proper notice of a right of referendum on, or to obtain
elector approval of, this Contract or of any subsequent contract,
supplement or amendment, hereby irrevocably pledges its full
faith and credit for the prompt and timely payment of all of its
obligations as expressed in this Contract, supolement or
amendment. Pursuant to such pledae, if other funds are not
available, the Municipality shall be recuired to pay such amounts
from any of its general funds as a first budget obligation and
shall each year levy an ad valorem tax on all the taxable
7""1:74 7 in the Municipality in an amount which, taking into
estimated delinguencies in tax collections, will he
sufficient to pay any such obligations coming 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 Municipality is expressly recognized
as being for the purpose of providing funds to meet contractual
obligations as set cut herein or in any supplement or amendment
he-7e -
or in any new Contract in anticipation of which the
financing hereinbefcre to is arranged. -Nothing herein
contained shall be construed to prevent any Municipality from
using any, or any comb;nation o', means and methods for
pzrcse of providing funds to meet its ohli--At"--1'q under this
agreement, and if at the time of making the annual tax levy there
shall be oth.=--,- f,Ind=, on hand earmarked and set aside for the
parent of the contractual obligations due prior to the next tax
collection period, then such annual tax levy may be reduced by
such amount.
sums so withheld 4-, the County, p i v an th e ohli c ,.-i rnr
Paid shall be considered have been ra;" to the Municipality to
orrpose of this provision being voluntarily to and pledge
22. Any MuniciPality may pay in advance of due date any
of the payments required to be made to the County, in which event
the County shall credit the aooropriate Municipality with such
= advance payment an future-due obligations to the extent of such
advanced payment.
2 1 . In the event any Municimality shall fail for any
reason to pay to the County at the times specified herein the
amounts required to be paid by the provisions of this Contract,
supplement or amendment for Rates or for its share of the costs
of the additional facilities including the Project, the County
shall immediately give notice of such default and the amount
thereof, in writing, to the Municioality treasurer, the Treasurer
of the State of Michican and such c her 0"4.c 4 le charted with
disbursements to such men 4 c'mality of funds returned by the State
and now or hereafter under Michigan law available for pledge as
provided in this paragraoh, and if such default is not corrected
within ten (10) days after such notification, the State
Treasurer, or other aporopriate official charged with
disbursements to the Municipality of the aforesaid funds, is, by
these presents, specifically authorized by the Municipality, to
the extent permitted by law, to withhold from the aforesaid funds
the maximum amount necessary to cure said deficit and to pay said
the Municipality as =ee- Any sech rlenevs so withheld an'
within the meaning of the Michiezn Constitution and statutes, the
r _44 eeee_ - 14,7 * authorize the use or -are eeeee owin g ee the reererearre_ to meet
any past-due obligations of the Municipality due under the
provision of this Acreement. In eaddition to the foregoing, the
County shall have all other rights and remedies provided by law
-21-
f ' = 1.1
to enforce the obligations of the Municimality to make its
oavments in the manner at the times recuired by this contract,
including the right of the County to d 4,--e--t the Municimality to
make a tax levy or rate increase to reimburse the County for any
funds advanced. No Municimalitv shall take any action to reduce
the richt to the County to receive the aforesaid state-return
moneys in the event of default.
24. It is specifically recognized by all Municimalitiee
that any payments required to he made by them pursuant to the
terms of this Contract, summiement or amendment may be pledced
for and used to pay the p7-'noima7 and interest on bonds or othee-
financinc by the County as
or amendmen t •
,aavaaaa by aa
aa Contract , summlemen
covenant and (77-ee thee- all they will make ae„
the County prommtly and at the times sete•-""ee' herein without
regard to whether the additional f=e 41 i 4-'ee 4 nciudina the Project
are actually commleted or placed in cmeration.
25. The obligations and undertakincs of each of the
parties to this Contract shall be conditioned on the successful
commletion of financing of Secment 1 of the Project within three
(3) years from the date of this Contract, otherwise this Contract
shall be considered void and of no force and effect, excemz that
the Y"n;,-i-alt'ree shall be reston=°b'e ft- all costs incurred to
that data 7-elate ," to the ceveeteme
The parties hereto each recognize that the
fro m • talke to time of financinc instruments ieeele,-i by the County
costs to finance 07= the additional facilities including the
Proect will have contractual richts in this Contract, or any
summlement or amendment and it is, therefore, covenanted and
-22-
agreed by each of them that so long as any of said finanoino
instruments shall remain outstanding and unmaid, the provisions
of this Contract, supplement or amendment shall not he subject to
any alteration or revision which would in any manner materially
affect either the security thereof or the prompt payment of
princital or interest. The riaht to make changes in this
Contract, by amendment, supplemental contract, or otherwise, is
nevertheless reserved insofar as the same do not have such
adverse effect and as provided herein. The parties hereto
further covenant and aaree that they will each comply with their
respective duties and obligations under the terms of this
Contract, supplement or amendment promptly at the times and in
the manner herein set- forth, and will nn.r suffer to be done any
act which would in any way lair the ZA duties 0 7. obligations
1 my financing based thereon. an 74- . is hereby deciar.d that the
terms of this Contract, supolement or amendment, insofar as .th
tertain to the security of any financing, shall be deemed to be
for the benefit of the holders of any financing instruments.
27. No chance in the jurisdiction over territory in any
Municipality shall in any manner impair the obligations of this
Contract, supplement or amendment. In the event all or any part
of the territory of a Municipality is incorporated as a new city
or is annexed to Cr becomes a parr of the t-=,---4 tn-rnv of =nothe-
Y":1 4,-4---.°74 °-.7 or another public ccrcraticn, the Mum or
public corcration into which such te----itorv is incorporated or
to which such te ,-r 4 tcr7 is annexed, shall assume the proper
p7-coccrate share of the contractual obligations and rights in
the Systems of the Municipality from which territory is taken and
such a public corporation shall become a Municipality in this
Contract, based upon a division determined by the County which
shall make such determination after taking into consideration all
-23-
time as Al' the financing full, together T.47 41 any ic pa
The County will reauire or procure from the 29 .
factors necessary to make the division eauitable, and in addition
shall, prior to such determination, receive a written
recommendation as to proper division from a committee cern -cased of
one representative desianated by the governing body of the
Hun'cioalitv from which the territory is taken, one designated by
the governing body of the new public corPoration or the
Yenic"balitv or public corporation annexing such territory, and
cne appointed by the County. Each Municipality or public
ccrperation shall appoint its representative within fifteen (15)
days after being notified to do so by the County and within a
like time the County shall appoint the third member. If either
Munioiality c-e.-1-cf-e4en shall fail to appoint its
„-=== nle=ee've within the ee time above provided, th en the Ceetn -e-
may proceed without such reccrendaticn If the cemmi--e= sha ll"
not -ek= its recommendation within days ai=te- its
aeine-nen= or within any extension thereof by the County, then
the County may proceed without such recommendation.
28. This Contract shall remain in full force and effect
fora period of forty (40) years from the date hereof, and may he
extended by further agreement of all c -e some of the parties
hereto. In any event, the obligations of the Municimalities to
make payments any financing pursuant to this .
Contract, supplement or amendment, shall be -ee -em 4 nated at such
• 47• deficiency on penalty thereon, but obligat i ons to pay for serviop
p ursuant to this Cont -e=ei- shall continue for the full term hereof
or as extended.
contractors undertaking the actual construction of any additional
facilities including the Project insurance protecting all parties
-24.-
hereec from liability in connection with such construction. The
cost of such insurance shall be considered to be a part of the
censtruction cost thereof.
30. This Contract shall inure to the benefit of and he
binding upon the respective parties hereto, their successors and
a eei ane.
31. Nothing herein shall affect the existing rights or
obligations of any other party or of any Municipality party
hereto already acguired or established by reason of any pre-
existing contract except as spee'l:;call-v amended herein or by
order, rule Cr regulation accepted by any of the Municitalitiese
-- iz. This Contract shell become effective upon accroyal
by the legislative body of the County and each Municipality and
when duly executed by the abtrobriate oi""ee- or officers of each
Municieality and the County. This Contract may be executed in
several counterparts. It is the understanding of all parties
hereto that all exhibits hereto may be changed to the extent
necessary, and as changed shall be attached hereto to carry out
the -provisions hereof.
By:!, 7 )
GEORGE WZ KUHN -
Its: Dtain Commissioner as
County Agency
/
- Li/
.6 6.... o
Its:
BY:
-
Its:
And.
Its: (///7A9..(5
BY:
And:
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date and year first above
written.
COUNTY OF OAKLAND
CITY OF AUBURN HILLS
4
6,1,144L, 1, 1 /
VILLAGE CF BEVERLY HILLS
VILLAGE OF BINGHAM FARMS
-26-
And:
.4%
67
,
rs,
J%_,
,---, i 1 i .
BY:
CITY OF BIRMINGHAM
It s :
TOWNSHIP OF BLOOMFIELD
By:
Its:
CITY OF BT ,O0 7-7,D HILL
)
CITY OF FARMINGTON
—
,
Ancl: „ / 4-`<r- I
N.
-
r 4 S
VILLAGE OF FRANKLIN
By:
And:
As, V
And:
CITY OF FARMINGTON HILLS
1
/ / /
/
Its:/ C7 I /2/,'"7t t----
And :
It
Its:
CITY OF KEEGO HARBOR .
BY:
Its: 14/71.14 - 4 --
0...1
And: 'Kat A d oyt
Its:
CITY OF TATHRUP VILLAGE
/1
t./ Its:
(/
,
007 (7.`,/P )
By: exni!mnissoi
Its : -s\
And:
t
7.t T1-I ;7!
Ev:
Its:
/77
It s :
CITY OF ORCHAED LAKE VILLAGE
1
And ..4t _.,.i._LC./ ,47.------- r
c/ \_77'
Its:
CITY OF SOUTHFIELD
CITY OF TROY
By:
E. 1:-vie
And: /7",;,
Kenneth L.. Cciu--.-thev----
Its: Citv C1er
CHARTER TOWNSHIP OF WEST BLOOMFIELD
PMW/09192/0044/AG5/6
-29-
CCM FREHENS n VE FAO:1_171ES FLAN
OAKLAND COUNTY, MICHIGAN
EVERGREEN- FARMINGTON
-
N
4 3 ;
;
111
0 2
zcALE IN 1.4ILE3
PROJECT IDENTIFICATION
EXHIBIT "A"
PROPOSED POLLUTION CONTROL FACILME-S
MAY 193e
I
°°•c
II
-- ....::,,..---t-f-°\ \ ,...
n,',-TiArr, 1 1,- 7._ V1.1...,..../re._ ° ,„,..,-(;.... -7-7-V , ,.. A r •-•„ji ‘...:
l'---. ---- —
Wt$1*
K `
L
I -
s
i
‘..;
ti 27
27-
r
"\\•,•\•\ • - ) -\\ \
; \•:\\ .nn vi
\\47 '1.(L•4,4 •
I I8 '41" N _-----rskr-rrzi-rnrn
7,„
L.11.1 `\,-;11 '" \\ f3 VERLT ,71
,
, I \\e' •
rt,\ A
I
13
4.• _
-}01-J;61---YLVAM
PIXE., r- .A
4(1 ! 7 Cz4
I I&4 4 -„ ,
i 1--
718
: 4
I
-
1 _pi aLcr.:tir;rt,c
TOwN.Irrip
16°7171)1
— —
PCNTIAC
—
•
PONTIAC
rrOWNSHIP .
N\ksi 4 \ \ .
4 Ti ft 0 Y
al(
a. -1! .„,
•••nn,
. .-;-„-!- —1 -;-!•-•;',•--1,....- . .•-•,:.;7-1.,,,-
—STAGE 6 .........
I I t :.1
...."... 111 ',...... . I 4 .,
H----.............._
• /7 —;-<-
1
I
91
.16
9'1
I /
I ' G 5 • LATrIrlir
71LLAGE.
▪ 1,
r.:."71.1tr
4 \
S' 7 -
Ii
1
:I.LJ 4
I
I f
,..,.
': /4414 ' \ \,,,,,. i . _ ,,.. , 1 i ; • - I , : . ‘,. STA G c. 2 ,--- s 1
L79.....„,„,##o*°°;Qq • 1 ! ±1 - 1
#-
-; . ,..„, . , ... . . 7. ...;.„'„..,, „... 7 .,,,,, „ 1, =,,,...• -. . - „ , „ , „ _ _ _ . -," .: - — 1 _ .14, . , 11' tCeif2Int°,1 ,
SE111511
.5.7"MFNI" c-7-'7;rz
LI 3 A 5
INTB.-74CZ=701?-1
E:11 S T c,1 ?.14..101 PUMP STAT ..v4 .1.?10
PqCPOSE: PUMP STITICN !MPROVEMENTS
• PRePOsE: Puma STAT;or; ANO CPC r4,5,1,^4
ON= Norm =wax PROPOSEC, TUNNEL SEWER - NO PIPE
REcommENDED I4TEaCZ:P7CF/ rrAPR ovEMENTS SIZSS
COMSINED SEWER. AREA
a a
I
111 10
PO' •VED a
r 11
C' fg in 1-4
n
r-0 vi In 5--I
i 13
0 14 IC
4n :IA 0
I3 Cl
1 ,4 :At, 5-3
1o1 1 1
6-6
111 ii1 'd 13 • sr-s
0 0 pri 711 A. 4 III 1-3
1.-1 id ij Pi
0 • tfl 0
113
• 1-4
Ill
(f) N
14 11
11) 1-1
1 1 <1.
1 ,1 Pi
64 it
n 4. )
--. 40 1--3 .4 A)
1 I. 0
14 It I 14 5.+1
1 1 1-I
1 1-
Ill 1 4
(11
111
1-1 1)1
---- 0 0 1,0
nep 6-1 oli
1,10 N
t-o 6-3
0
hi
0 E.-I ,1:: LI 4.1-4 1-1 1/I :4 4.4 ii Li54 1/34 rl ri Cl 1
:1 il *0 411 i 1;4 0 ,11 L-1 Le ..4 a al
?4
01 [ I 1,(1 111 13 1/1 ;4 kt In i--i'0 i
.0 i I I 1 1-11 III f‘a • I +al 71
:i N L'i t.
.. Li ..i.1 t o 14 :t
1-1 ca ti tAi
Li u, III (Al :4 ti III Cl l'--11 °
. .
1-1 I-3 oil 1) 411 0 6,
* * * * I :4 C1
1') 1
u
lel
*94
* 54 ‘
U 1 X
b ,: 4 rn al
it, I-- ti
C
(DC) ri
1'1 1-' IL
1; x
At IL ID
11 (1) "--
11) IA
i 11 111
3,4 • (Li
n11
1-1 Al
Iii la
1- I 11 ha al dtu WI
6-3 iii --I Oa Gi Fa 1,11 1--1 I-6 0, I-• o-A 1...) 01 1--. CO I-4
a a a e
(11 0 ,466. in i...) cii ii ....1 •1•• (1) 1,11 (I 10 (130 CD (11, --- I
rib In hi tO --I IA hdi --/ 01 111 10 (X) --,1 It) IL, 1—•
L111
(1 111
1- -
CI
C.)
1 <
(.1) * .---. 11 i-3 In 0 I-4 :al "I "I 'al Ili ill III Ill DI 01 I 411 n 3 1 1 01 tt(1 C) ',1/ 4.1.4 1.1 'AI 'to '05 1 A 1-1 / i 1 -4 111 c: t. 1, 1 / 0 A) :1 to, 0 cl 0 I 4 1 ,4 :0 le, le i () () 4,A1 t4 •Ll 40 4,1 1 , 'A 1 t 1 (1 & 1 14 1 3 f11 111 9 :4 .4 .11: 0 n :4 CI 01 (1 4,A1 I I: Id 1 • 11,1 .ti ;tI l_.) :11 1 1 1 1 44 44 1 1 311 4A1 tI, Cl
ko it/ 11. 1 1 1 -I Li 41 '43 I I Cs Cl i i i 3 4-1 a 1-4
to fi!..; f4 It il 164 J I, t4 (1 .ro
() 5 1
tA) 1 ' I- I. 141 1,j 1-14 t 1
Ut 0 ID Q Pi iii.e '.4 13 1 1 lil 01 311 M '14 01 1 •- I/ 111 0 1 1 r4 <4 AO Ii 1* 30 41 rii 1 I . Z i •- 0 111 0 11 r4 <1 I,A I (3 Al — -... . . .... .....
1-1
-tn 11 14 t.1
0 0. 1.- Ci
1.-4 0
() "
fit 0 11
41-1 tti
1-•-Lu iii
:_11 (I) 311
ID 1 4. 4<3
i t 1 -•
UI
1-. 1,0
nn•P• ,d.. CD 1-. Lb (:). 1,3 Li X..
• o • • • • • • • • e 9
C.. L.) ----1 CII ---0 Cu --3 643 in ......t Ca (111 ( /I AA. Co
5-, 4:,.. --I tio F. (C) in o-• 01 0) (,1 (11 111 IL) -4
C.) (f) CI kdI CD Lb C) 1J) AP dAd 4-4. ....( Os iIi (.....)
E777RGRE'N-FT.R.MINGTON SEWAGE Di=csAL svTvvi
POLLUTION CONTROL
TNc7,1'.rLA"ONS & IN=C'.7 PTOR P177.alii -.Z'ATTON
PROJECT DESCRIPTIONS
P=PmkNENT M 7= INSTALLATION
Install permanent sanitary sewerage meters at forty-seven (47)
select locations within the Evergreen-Farmington Sewage
Disposal System to provide perpetual and continuous flow
monitoring for total community capacity verification and
project performance certification. In addition to the meter
installations, the project will provide a central computer and
associated equipment, software, software licenses and operator
training.
rn„=„-„- PAILITATION - OARMIND COTTNT-'°
INTCiCRS ,*=-==-wide)
Removal of inflow in the County Interceptors is detailed in
the Sewer System Evaluation Survey Report of May 1989, as
amended, prepared for Oakland County by Hubbell, Roth 6, Clark,
Inc., Consultinc. Engineers.. RehabilitatIon, repair and
associated work will be performed at 3l5 manhol.. 1 ,-e.=t 4 ons
within the county interceptor system.
8-17-3 9
Sub,
m 46 4.
and Strathdale Street
1 0.
1 3 . Southfield Harvard Street
EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
PROJECTS FOR INTERCEPTOR RELIEF, LOCAL COMMUNITY
RELIEF AND RETENTION, SEWER SYSTEM REHABILITATION AND REPAIR
AND COMBINED SEWER OVERFLOW REGULATOR RE-ADJUSTMENT
PROJECT
INTERCEPTOR RELIEF
1. Stage 3
CnMmuN7,,,v TD1RTTC -17-TTS
Farmington Hills
West Bloomfield Township
Orchard Lake
Southfield
2. Stage 5 Beve rly Hills
3. Arm B
Beverly Hills
Southfield
4. R 4 Arm C Bloomfield Township
5. Relief Arm D Farmington Hills
6. .R 4 41 4--Arc j West Bloomfi eld Townst 4 -1
7. Arm K West Bloomfield Townsh:im
8. anenz ms—s- All
Communities
LOCAL COMMUNITY RELIEF .Vin P-7"'N717-ON
9. Franklin Forest Sub. - Farmington Hills
Stonewood Ct. &
West Blocm"64 ',3 Township
11 -.T.cent and Oakdale Streets
12. Retention Tank and Relief
Sewer
Troy
La7-nrup Village
I
8-21-89 Pace 1 of 2 EXHI BIT C-2
0) ...,'; 44 1, 4 16) 1,3 () 1.1 4') 16) 4'1 Iv/ 4') 1\1 1-4 H 1 s 1-' 1-, H (n
I (TI () to (0 • ) I) ()I (II 46 4-) I I 1 ) II..) 1,0 M - I O. 111 A , DI 0 1 1 • • 14 • . • 0 6 0 • 0 . ..( :
III , Ill VIII I • 11 1 1 1 i 0, 1 4.1 ;el 1,11 1.4 W 0 01 En In •,AI 1,11 er) In ;t1 N (A (1) (i) (r) ie) (r) 441 411 441 1;41 lb (l) (D ID N ID to ,-,', '-e, '<.; (I) ID 1 .; 1‘; lb ID lb '(,; 1,e, '-k: '-‘4 l'-n l< (r) 1 1
:I 1) (1) di III .1-1 III LI D' ,,,,,* m m in tt••ti in in 0. ,11 :1 U1 In 111 in UI in .-.: .1.A 1.1
G 6
11,11 H. I. I. 1. 1. DI I ' 0 0 0 ill I- 1-1 (I to N •1 0, (1 il it il fl (I Ill " kJ
11 in I-, 1 -, 1 -• 1 -• En kr In ID ID ID tE 1» in In tr I ,- N ID (L1 In 11) 11) Iv 4 1 0
in 1., I i 10 10 11, pi 141 i - :1 11 LI 11 H. (I 11 (1 1— It I- LI li ii 0 IA 0 1'1 'd
ID ;1 II) 11 0 II it 1-.4 0. HD) I 1 14 :4' :t1 n -4 ° Li 0 0 " LI • 1 0 1) 0 0 1 Pi I'• ;x1 W :el H. 11 'AI t4.1 14- ID e. -.1 W ..13 W W W .1
lb it Il Ii el hi ti ' ;,(I (1 0 (1) ID in ft ID IP 11) it 0 0 (D ID ID 11) ID (I) E 1
Ii 1.1 11) I DI 1) : /' :I° 1T id 0 '0 IT fa P, a '0' :). :1' :1" 11' 0' DI I •1 i DI ..,I • ..,i tx1 :ki ,,,,J 0 0 r. lb DI III 1 1 II IV 11/ 41 lb 111 ID 1)) ID III N ;II 0 ' H ,I; en - fl) 11) ID (1) .1 1 ,-11 IT b' 114 1 ,- I ,- 0' H. in IT IT ti- ti tr IT D A 43 '-'''"' .(11
1 : n I I I I 01 0 ii H. 1 ,- I ,- 0 ID 11 H- 0 1-‘..; VI I-- H- H- H. H- H. 1)1 ' 1 ,1 IA ... "1 111 j 0 1,4 :I 1-: I A H 1 i :1 :1 0 , ;..I 111 fl. 1.-1 1-4 1-1 1-, H 1-1 11 U 17-] 0 td Pi
it In 11 IL l C 1 - 14- 1 ,- IL ID 1,- it 0 14. H. 14- 14- 14- H. 1-4 lb iti '-I-I. A. I. Li. A.A. II H it t rt it !"1 I t DI 0. it it it it it it H En r, ,
1.11 00 ti 0 C. C. 1-_*. (I) :.1 In D) II, (1) IL 10 IA 1 ,- lo lo 111 to lo to II N
t i to m tn m (n -1, ii it 14 it 4,1 II .4 it it it rl it it ,%.•
N (t) Si it it it it ID 1" I ,- 1 ,- III H. H- 1 ,- 1 1- 1 •- 1 ,- 1 ,- 1 ,- 13 rii- '-4 r I'll Hi
.: :1 ID II 11 11 11 1 It 0 0 0 (1 0 In 0 0 0 o 0 0 1-i ',4-1 In 1.1 1 -1
ID 1), :1 (b (0 (I) ID II II :1 0 :1 10 :I H-0 0 0 0 :10 0 1 -1 ,..., 01 'II
i--, ID In :1 :1 0 0 CI 10 ii 0 '2', l , - I h ro ••-n
t.' 0, I.- 0 0 it if Cl 111 ,`.1
;;11, Fill is 1. 11 -.(:)' (II in - .1 DI la Ill (a ri it In ?-':. rt ID ..i 0
ro 1.....,-„l V] 11 El '" 1 1 1) , tri , „ (A "" ;i (I 1 ,- ill C) 1. f."41 r -1 .4
: i • I Pi '-1
rill
() " (f) In 1d H DI (I k' . 1 11
01 En 1 • 1 4-
VII
•(I • FA pci 0 _,..
Id 111 (1 -' ri 0 i--' :,'" W 1 i
F] II OH- 1 - En ril LEI 0 1 0 .-4 1-1 i-3 En t-I N kli to al ad tn FA n IA , Et ,1 (I )
,,,i it 0 o H I-- w ",... o H (I) ki 0 0) ro w w I--, H H- 0) G. .,,,i p (.1 w 1.1 • HI
0 in 0. I-" (-: 0 1 1 ',,s-' ri p H DI 0 r II ID 1-1 11 0 0 :1 •,:,' n r , 1 k_i [I] °.I n I i<4. fp m 0 0 El H ti fl n-.4 fl 1r 40 1.1 Ii 0 0 al ID G ' I 'II - I to II In IJ' 11 I. to II 1: ri ,.P II o t-'• 1--- Ei 0 0' Il 11 1, a •,'--; r-,-,1 1 111 I). 1 il :1 :I (n :LI •-: Ell 114 I. : i :A VI) Fl. DI 1 - a) id I ,. IA. kri IL 1-j H - (1) 1 -• I'- 4'1 III 40 •0 I 4. I" b 4-C 4-i 0 111 1-1 (T) t 1
'us o I $ in m :r :34 it 11 0 ID ID it (I ID (I) III 1 1 ;xi 0 1 1 0 1 I (n
E) I I. IV 1 ° I' ° ID n III i •-.I 0 I-, < 11 0 11 1-' 1-' 'A WI 1-" i 61 1 1 '44 •
1 t). Al. IA 0 :4 ID II U 0. H• I r 0 0 II II. lb I-- H •ti . :11.•
(1 'Jo 1.:: I-3 In in I I, I 4 0 11 " " rel Iii !I 0 I." is
,,. .. ._ . .
ill iv 1.1 ;11 0 ID 1 4-
• (44 s", f t :1 11) 10 1-. 0 1-- LI in !AI :i-, , „ cil
p, H 0
( k ID I-a 6,4 I I', IA) H N '-' i 1 , . r , .1 1---;
111 II) 11 I-, 131 pi, 10 H I-, I i EA :-',. 1 In
III II ilk 111 0 lb in DI In (I cl "" 't 1-]
trl ID r ( 1r1 1 i H :I' H DI ., 4 !•1
(D :1 111 I I 0 It'• Ii1 4 i E7,.. 1-1 414
t.) 1°,, 1;1 CI 1 I ''` :) : I '4"I ''-' ;-' tr61
0 it ::3' (r) H l'il
i te 0 I-- 1L1
0 •E1 :IA I' 3 1 1
Id
11 31 11 11 11 (1 id
4/11 11/
3‘)
ocd.p. 3-4 11,1 -1
CD 10 (0 tit (0 CD 01
D C) CD C1 Ct Cl CI
C..4 Cd CI 'CD CD CD CD
0 .„„
(11
]
r..,1
j
ill
(Li
11.1
ij
0
f
I
111
CD
CD
CD
(")
(1)
1-1 III 2
40 i3 It1
t") IA- ,r•
1-, 1.1 n ▪ o Ill I]
Al IA (I) ID 14
C.: 14 ti
IT1 1 -, 1-, I "
11.
3F 41-
I ,- 1 ,411 111
41 U U I ;41
at) •C:
111 t-i
I.-NNO n
U • N
all 0 In
1-, 1
ID 41
(D :11
ID dr
-1 P 4 J
1 :3' PI
▪ U.1
• ID (TI]
• in
Jo- 1-I Cr
(-I al)
b j ti. (14
G-)1
1111 (n
ft (T
(1) 10 :1
'LI 113 L
31 1-4
1 I I -I
1-1
111 44
It1
11.4
4-3
-414 -411 i
i-4
Ca ch (CI
CD CI 4/
DC) :11
41
4 -4
0
0 )
In :Iv lit
0 11, :1
I- 31 40 a.
:I IJ
14 I,• ID
14 In ID
0 it 11
in 1 1 1 1.
1 1* id :3
gi
1 ,-
0
Io1 Ti
III
s
41
IC
111
1-i
(1
1.1
(r)
1(/
0
C-4
GI
1)
]
I .4
111
1/1
1.4
I
Ill
I
1
111
(1
I
EU
III
II
1-1.
LI
1 1
11
11
(I)
I
]
0 4-1
r)
En
4ti
III
3
Ill
In ]
1-1
t
1 3
-i
In
rU
Ill 111 Iii
IA 11 I/1
0 1 "
• ki IA
II/ 11
co (14
ID ;1
O II•
lii 10
0
I
r
fD
in
vt,
III
LI
1 ••
1-
4--
Er
III
-•°
1//
LI
tr) Ill
LI
3
II
(11
13
-01
01
01
Ci
ID
11
r
ID
13 11 11 11 11 11 II Ii
-CA
I-I Ca
ON t,1 1,-) CR h3
it-• .---1 CD a) (41 C./ 1,../
% . . .... .
.t, CD C) ,l-• /I-) cD cD,
CI C3 CD C) (D CD CD
CD CD CD C3 C3 C.D c)
-01 it*
h
Ci C3
I)
;(I i 343
•- :3 14
•. ill 33 ii) 1-1 1-3 ;3' i4• jI. 14
(1 0 0
111 I r •- tD
II 4) In ID
0 Iii 11 ;41
In I 1 4
1 .- Id :1 I -1
() 34.4 (I 41 0
;1 a a a. 1 ,1
() In
iD id
;11
0
CI
ol
LI n
it
1-••
:-1
1-1
134
as)
P.'
1-,
11
It
L 4
1
:1* Li
0
1- I
3
LII
04 Ir
Ill (1) ;
(I) 444 (3 In ID
IA •-1. 11 DI
ii a13 ni
— •i 0 •1 10
41. :3 DI ft sa I1 •
C) III i I 3-a
II 11 II 111
dli I) (14 II,
tn (14
II)44- In ii :I 1 .-
tu ; 0
11 co A: II. 1.: ;1
I/1 Ill I •• 11) 1
it 1 -4 It ill
ID 111 111 0'
:1 11 11 :tit
tla a. 4)
1) IV ID -•
:1 pi ID
41 ID 134:-1
() ID (-)
(11 II, I) • 1 • t
ii 40 i J id
i.IIll 0
In DI 41 1-3
• ill (11 to) TO (;)
0, 1 1
t; • 311
I , IT Fr 411 II
:1 144 t) 44 it
Ill (1 10
III rr :1
II 1-4 to
ID
1' 11/ 1:4
a t ;7) ;(/
r :1'
EU
1 -, ID 14
1 -, 11
14. tD (I)
:1 :3' 111
(4 10 :II
IT •1
tla •- I-4
(1) 1-, Cl
:3 I-• 14
cr
140 Id I
1-' 4')
I .- 0
• 0 2
• U 41 4-1
1..41
6 n il
o
L.1
'(Ti I
1-1
141 12.4
11 1
(1) 1-1
1-1
Ill
1..14
LI 111 • til
(n 4]
• (1
111
its
13
I
0
11
4.4)
1-1 CD
li')
C.)
CI
I
3
I
LI
GI
(-)
In
Ii,,
0
(1
1-
Ill
r-I UI
I ii
1'11
1..
!Ai
I
1 41 133
41 0,
0 Iti
1,11 0
L-1.
141
113
Iii
41
4- 1
US
I
171 1 ,11 2
(i4 :1 1 1
40 411 1 41
10 CI n "
--a LI :A CI
:=1 ID LI
al In in 134 1 ,1
11: f: al c4
11.1 1 - I'-
I - it II U ft/
1./ 1"k14 113
:11 U U I 4I
:3 in III
f) ID I
11 11 14 (1
to 0 0 to 1 ,1
I-. in it) 1
Fa. I A. I
ID :r
ID ID In 0
0 0 (1 C1
1 1
CI LI I - tTI
(D I-, 13 tn
t• 1-1 (7)
1-1 4) 3a. N
• In
0 I-I
In GI
-(ar)
3-1 I" 10 10 h1
III (I)
[11
CA Xi. •Il
cr III
c-a D
3
-I
0
4
)
;41
(41
ID ()
0.0 0 ol
:1' ID 14
in 31
t-3 IT
LL, 114
0 in ii 111
UI IJ
DO •=-1
II UI 10 1-1
11 1-4 11
1-4
1-, 1-t lu
I-4 • 1
0 0
ID O 0 0
•--1
In () In (11
t) -
a U 1,4-1
LI
1:: t) (1
11 31 43
ru Ii I -1
I-I 3a 0
(1)
11 1
ti)
1 11 ]
tif
14
14
t-4
1.4
4-3 111
•-‹ 1.1
1 11
]
1 ,1 :it
!At III
4r1 Iii
I-4 0 2
4L'
In 1 1 141
I 3 LI ;to
44 41 Ili
1--* I 1,‘
C)
A
I (I a 1 C) ) (7)
LI ''
(IS ;'71
;41 (A
1)
1-1 :I)
1,-)
I] :IA
1) 6,41 I u
11 L
1 ,1 i (I)
41 I ]
1 1 (.4
11:
ptl tid :t
1-I
[III In
111 1-4
In I I-4
1-1
I
I -1
11
gu
In
(1
141
in
,4
1:4
GI 1!J 14
a-3 En in `.24 cr n-
10 iv
143 all •<
v,
I I )A
I -I 1)
Cost Allocation
9.01,77..1
Est 4 matc:
Cost Share ^mmuni'-7
AUBURN HILLS
B,77ERLY HILLS
B 7°NGEAM FARMS
RMINGEAM
5 7 COMFTEID a:1:s
=7 OCYT-T -,7T•T TOWNSHTT-
.873 $ 21,170
4.435 107,550
.556 13,480
3.557 86,250
2.03' 49,250
'1.76 1 2 4-,CCO
14.010 339,740
.5 2.9
2 1 .9'5
.750
.393
1.710
.599
30.770
A 9 A
1 g '711
579,960
18,190
2 7 ,650
41,470
15,950
746,150
1 0;,440
2,425,000
ET:ERGREEN-FARMINGTON 5ZWAG 7 DISPOSAL SYSTEM
POLLUTION CONTROL FACILITIES
=7:714,1,7.7NT MITT= INSTALLATIONS & INTRCZTCR P-THABIIITATION
PROJECT COST SHARES BY COMMUNITY
T;RHINGION
FAFiiiNGTON HILLS
FRANELIN
KE.TGO HARBOR
LATHRUS VILLAGE
ORCHARD LARE VILLAGE
SOUTHFIELD
TROY
W712 T BT.00M7T1PLD TOWNSETm
(Tno'-Aa Port'on cf SvIvan Lake)
8 -77 -E9
3. CONFLICTING RESOL 7JTIONS. 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 the foregoing
resolution.
f
PLANNIT'TG AND BUILDING COMMITTEE
:RescAuticn # 89249 ' September 28, 1989
Moved by Hobart supported by Wolf the resolution be adopted.
AYES: McPherson, Moffitt, Oaks, Olsen, Pernick, Rewold, Skarritt, Wolf,
Aaron, Bishop, Caddell, Calandro, Crake, Ferrens, Gosling, Hobart, Johnson,
R. Kuhn, Law, Luxon, McConnell. (21)
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 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 September 28, 1989
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testir7ony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
September 1989 -
LYNN/tit ' ALLEN, County Clerk/Reister of [ /
this