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HomeMy WebLinkAboutResolutions - 1988.09.22 - 17679September 22 1988 Miscellaneous Resolution # 88242 BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson DRAIN COMMISSIONER -- IN RE: RESOLUTION TO APPROVE OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS - 1988 EXTENSIONS 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 Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended ("Act 185"), and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated as of November 1, 1968; and WHEREAS, the Township of Avon has been incorporated as the City of Rochester Hills (the "City") and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System"); and WHEREAS, it is necessary to improve, enlarge and extend the System by the acquisition and construction of the hereinafter described water supply and sewage disposal facilities; and WHEREAS, by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County and the City are authorized to enter into a contract for the acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions (the "1988 Extensions") consisting of water supply and sewage disposal facilities to serve the City and for the payment of the cost thereof by the City, 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 between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the 1988 Extensions and which Contract is hereinafter 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 1988 Extensions; and WHEREAS, the Contract provides for the issuance of bonds by the county to defray part of the cost of the 1988 Extensions, said bonds to be secured by the contractual obligations of the City to pay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred on account of the bonds; and WHEREAS, the City Council of the City Rochester Hills has requested the County to use certain surplus bond proceeds to defray part of the cost of the 1988 Extensions; and -2- WHEREAS, this Board of Commissioners desires to proceed with the establishment of 1988 Extensions, the approval and execution of the Contract to acquire, construct and finance the 1988 Extensions as provided in the Contract and the approval of the use of surplus bond proceeds to defray part of the cost of the 1988 Extensions. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners hereby authorizes and directs that there be established, and there hereby is established, under and pursuant to Act 342, a system of water supply and sewage disposal facilities to be known as the "Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions" (the "1988 Extensions"), which shall consist of water supply and sewage disposal facilities, as specified and to be located as shown in Exhibit A to the Contract; that the 1988 Extensions shall serve the City; that the Oakland County Drain Commissioner is designated and appointed as the "County Agency" for the 1988 Extensions; that the County Agency shall have all the powers and duties with respect to the 1988 Extensions as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the 1988 Extensions, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the City as hereinafter provided. -3-- 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the 1988 Extensions and the estimates of $12,100,000 as the cost thereof and of 40 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 Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills 1988 Extensions Contract, dated as of September 1, 1988, between the County, by and through the County Drain Commissioner, party of the first part, and the City, party of the second part, which 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 appropriate officials of the city. The Contract reads as follows: OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS 1988 EXTENSIONS CONTRACT THIS CONTRACT, made and entered into as of the first day of September, 1988 by and between 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 ROCHESTER HILLS, a city located in the County (hereinafter sometimes referred to as the "City"), party of the second part. WITNESSETH: WHEREAS, the County heretofore has established, constructed and acquired the Oakland County Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968; and WHEREAS, the Township of Avon has been incorporated as the City of Rochester Hills and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is neces- sary to improve, enlarge and extend the System by the acqui- sition and construction of the hereinafter described water supply and sewage disposal facilities; 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 and directed that there be established a County system of water supply and sewage disposal improvements and services to serve the City, said system to be known as the "Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions" (hereinafter sometimes referred to as the "1988 Extensions"), and has designated the Oakland County Drain Commissioner as the County Agency for the system 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 teims of Act 342, the County is authorized, through the County Agency, to acquire and construct the water supply and sewage disposal facilities hereinafter described as constituting the 1988 Extensions, the County and the City are authorized to enter into a contract for the acquisition and construction of the 1988 Extensions 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 City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years and the County is authorized to issue such bonds -2- 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 such water supply and sewage disposal facilities to provide water supply and sewage disposal services to areas of the City not presently served and thus to promote the health and welfare of the residents thereof, which facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such facilities can be provided and financed most economically 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 1988 Extensions and estimates of the cost and the period of usefulness of the 1988 Extensions have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the con- sulting engineers) and have been submitted to and approved by the Board of Commissioners of the County and the Council of the City and placed on file in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and WHEREAS, in order to provide for the acquisition and construction of the 1988 Extensions by the County and the financing of the cost thereof by the issuance of county bonds, and for other related matters, it is necessary for the parties hereto to enter into this contract. -3- THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto hereby approve and agree to the establishment, acquisition, construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions, as herein provided, under and pursuant to Act 342. The City, by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establish- ment and location of the 1988 Extensions within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of•way or other public places for the purpose and facilities of the 1988 Extensions and any improvements, enlargements and extensions thereof, and the City further agrees that, in order to evi- dence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of ease- ment, right-of-way, license, permit or consent as may be requested by the County. 2. The 1988 Extensions shall consist of the water supply and sewage disposal facilities shown and described on Exhibit A which is hereunto attached and which is hereby made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers which plans are on file with the County Agency and are hereby approved and adopted. The 1988 Extensions shall be acquired and constructed substantially in accordance with the said -4- preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consult- ing engineers, but variations therefrom which do not materially change the location, capacity or overall design of the 1988 Extensions, and which do not require an increase in the total estimated cost of the 1988 Extensions, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the City Council 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 estimate of cost of the 1988 Extensions and the estimate of period of usefulness thereof as set forth in Exhibit B are hereby approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series, in whatever aggregate princi- pal amount is necessary to defray that part of the total cost of the 1988 Extensions which is in excess of funds available from other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the City 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. -5- 4. The County Agency shall proceed to take construction bids for the 1988 Extensions and, subject to the sale and delivery of said bonds, enter into construction contracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, cause the 1988 Extensions 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. It is understood that the 1988 Extensions will be constructed in phases and, therefore, the entire project will not be completed at one time. The County Agency after consultation with the City shall deter- mine the order of construction of the facilities constitut- ing the 1988 Extensions. The County agrees that it will secure, 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 City shall be insured parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to cancel- lation thereof. One copy of each policy and memorandum of insurance shall be filed with the City. mew 5. It is understood and agreed by the parties hereto that the 1988 Extensions is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. The responsibility of requiring connection to and use of the 1988 Extensions and/or providing such additional facilities as may be needed shall be that of the City 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 other than those designated in paragraph 2 here- of. 6. The City shall pay to the County the total cost of the 1988 Extensions (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 administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). Such 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. Such an annual installment shall be so paid in each year if any principal and/or non- capitalized interest on said bonds falls due during the -7- twelve-month period beginning on such principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay 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 City Treasurer 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 the City, also shall advise the City Treasurer of the amount payable to the County on such date. If the City fails to make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City from the obligation to make pay- ment when due. Such payments shall be made by the City when due whether or not the 1988 Extensions have then been completed or placed in operation. In the event that addi- tional County bonds shall be issued under the authority of this contract to defray a part of the cost of the 1988 Extensions, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7. The City may pay in advance any amount payable to the County pursuant to this contract and in that event shall be credited therefor on future-due amounts as may be agreed by the parties hereto. The City also may pay in advance any one or more installments or any part thereof (a) 8- by surrendering to the County any of said 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. 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 1.988 Extensions as here- inbefore stated, or if the actual cost of the 1988 Exten- sions shall exceed the estimated cost, whether as the result of variations or changes permitted to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) the City Council, by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of the 1988 Extensions be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost as hereinbefore stated by more than 5%, provided that such deletion shall not materially change the general scope, overall design and purpose of the 1988 Extensions, or in the absence of the adoption of such a resolution the City shall pay or procure the payment of the increase or excess in cash, or County bonds in an increased -9- or additional amount (upon adoption of an authorizing reso- lution 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 1988 Extensions 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 1988 Exten- sions to exceed by more than 5% its total estimated cost as hereinbefore stated, unless the City Council previously shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the City in cash or be defrayed by the issuance of increased or additional County bonds in antici- pation of increased or additional payments agreed to be made by the City to the County in the manner hereinbefore provided: Provided, further, that the adoption of such resolution by the City Council shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the 1988 Extensions 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 1988 Extensions according to the plans as -1 0- 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 1988 Extensions is less than the total estimated cost, then any surplus available to the County from the sale of County bonds, at the option of the City Council, shall be used to improve, enlarge or extend the System, to apply upon future payments due to the County, to redeem bonds or to purchase bonds on the open market, provided that such surplus shall be used to improve, enlarge or extend the System only if authorized by the Board of Commissioners. Any such surplus, for the purpose of improving, enlarging or extending the System, may be supplemented by cash payments to be made by the City, or such improvements, enlargements or extensions may be financed entirely from such cash payments if author- ized by the City Council. If such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the City to the County shall be reduced so as to reflect the resulting sav- ing 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 the 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 -11- 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 the 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 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 the City. 11. The 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 are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such amount. The City Council each year, at least 90 days prior -12- 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 City Council, 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 terri- tory in the City shall impair in any manner the obligations of this contract or affect the obligations of the City here- under. In the event that all or any part of the territory of the City is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual 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, -13- the governing body of the municipality into which such ter- ritory is incorporated or to which such territory is annexed and the City Council of the City, by mutual agreement 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 proportionate share from a committee composed of one representative designated by the City Council 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 fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If the committee shall not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. 13. This contract is contingent upon the County issuing its bonds to defray such part of the total estimated cost of the 1988 Extensions as is necessary to be financed by the sale of bonds, 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 -14- construction period and one year thereafter. In the event that the bonds are not issued within five years from the date of this contract, the County Agency may determine, with respect to those facilities to be financed by the issuance of bonds, that the contract is terminated and in that event the City shall pay 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 1988 Extensions the County hereby leases the same to the City to operate and maintain the same as part of the System in accordance with the requirements of the Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township between the County of Oakland and the Township of Avon, dated as of November 1, 1968. 15. The County shall have no obligation or respon- sibility for providing water supply or sewage disposal facilities except as herein expressly provided with respect to the acquisition of the 1988 Extensions or as otherwise provided by contract. The City shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending water or sewer lines or related facilities, connecting the same to the System and otherwise improving the System. It is expressly agreed, nevertheless, that no such connection (other than individual unit connec- tions) shall be made to the System and no improvements, enlargements or extensions thereof shall be made without -15- first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. 16. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency for and on behalf of the County unless otherwise provided by law or in this contract. 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the City to the making of its payments as set forth in this contract, will have contrac- tual rights in this contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this contract, by amendment, supplemental contracts or otherwise, is neverthe- less 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 obli- gations under the terms of this contract promptly, at the times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the contract of said bonds, the security therefor or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amenda- -16- tory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to be for the benefit of the holders of said bonds. 18. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19. This contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notice required by Section 5h of Act 342: Provided, however, that if, within the 45-day period, a proper petition is filed with the City Clerk of the City in accordance with the provisions of said Section 5b of Act 342 then this contract shall not become effective until approved by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall termi- nate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed: Provided, how- ever, 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 pertain- ing to said bonds. This contract may be executed in several counterparts. The provisions of this contract shall inure -17- 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. CITY OF ROCHESTER HILLS COUNTY OF OAKLAND By: Mayor By: By: Clerk County Drain Commissioner (County Agency) JAE/09007/0205/A0/3 -18- OAKLAND COUNTY, MICHIGAN Ro. MEAD w+E NO SCALE otesrose 6 1 7 er 1,1 18 t Ogoawm 1 1. Drersrarty r- 19 ROCHESTER ADAMS 719 X 31 33 32 0 SOUTM . • 1 stye!. . HAD Hubbell, Roth &Clark,inc. 2n3 FAANKLIN ROAD P.O. BOX S.24 BLOOMFIELD HILLS, id 4401 3 Data 6/24/88 Job No. 880309. Exhibit A OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS— 1988 EXTENSIONS. SANITARY SEWER OAKLAND COUNTY, MICHIGAN z. E NO SCALE DUTTON RD. 6 MAO 24 Date 6/24/88 Job No. 880309 Exhibit A t140.44orarross e H R C Hubbell,Roth&Clark,Inc. 2373 FRANKLIN ROAD P. b. dOx 124 BLOCP.4FiELD HILLS. Mt 45013- OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS- 1988 EXTENSIONS. WATER MAINS OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS 1988 EXTENSIONS ESTIMATE OF COST CONTRACTED SERVICES - CONSTRUCTION 18-inch Sanitary Sewer 15-inch Sanitary Sewer 12-inch Sanitary Sewer 8-inch Sanitary Sewer 6-inch House Leads Sanitary Manholes 800 L.F. @ 69.00 8600 L.F. @ 64.00 2600 L.F. @ 52.00 14600 L.F. @ 42.00 5550 L.F. @ 23.00 98 Ea. @ 1690.00 SUB-TOTAL SANITARY SEWER = $ 55,200 = 550,400 = 135,200 = 613,200 = 127,650 = 165,620 = $1,647,270 36-inch Water Main 16-inch Water Main 12-inch Water Main 8-inch Water Main 30-inch G.V. & W. 16-inch G.V. & W. 12-inch G.V. & W. 8-inch G.V. & W. Blow Off Hydrants Pressure Reducing Valve Meter Facility 19060 L.F. 15240 L.F. 37350 L.F. 27160 L.F. 9 Ea. 21 Ea. 51 Ea. 43 Ea. 9 Ea. 161 Ea. 3 Ea. 1 Ea. @ $ 122.00 @ 62.00 @ 48.00 @ 30.00 @46,000.00 @ 4025.00 @ 3050.00 @ 2180.00 @ 5750.00 @ 1790.00 @ 70000.00 @144000.00 = $2,325,320 = 944,880 = 1,792,800 = 814,800 = 414,000 84,525 = 155,550 93,740 51,750 = 288,190 = 210,000 = 144,000 SUB-TOTAL WATER MAINS TOTAL CONSTRUCTION COST CONTRACTED SERVICES - PROJECT DEVELOPMENT Engineering Consulting Engineer $906,900 Soil Borings 58,800 Bond Counsel Financial Counsel C.P.A. Report Bond Prospectus Bond Printing Bond Rating Publishing Bond Discount COUNTY SERVICES - PROJECT MANAGEMENT Engineering Administration Right-of-Way (Including Legal) Construction Inspection Soil Erosion Permit (Act 342) CONTINGENCY TOTAL ESTIMATED PROJECT COST = $7,319,555 = $8,966,825 = $ 965,700 $ 38,000 24,000 5,000 6,000 10,000 7,000 3,000 163,300 $ 227,200 44,700 394,900 387,000 9,885 847,490 = $12,100,000 I hereby estimate the period of usefulness of these facilities to be Forty (40) years & upwards. HUBBELL, ROTH & CLARK, INC. By EXHIBIT Dated: July 12, 1988 EB,)! ArrROVE TI--)t FOREGOING RESOLUTION rWiri:IKP,k1(24:t .;\ Executive 4. APPROVAL OF USE OF SURPLUS BOND PROCEEDS. This Board of Commissioners hereby approves the use of all of the surplus (including interest to the date of transfer) remaining in the construction fund from the sale of the bonds issued to finance the Oakland County Water Supply and Sewage Disposal Systems for Avon Township and $3,100,000 of the surplus remaining in the construction fund from the sale of bonds issued to finance the Oakland County Water Supply and Sewage Disposal Systems for Avon Township Sewer Extensions No. 2 to defray part of the cost of the 1988 Extensions. Mr Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing Resolution. Planning & Building Committee tember lD88 day of EN, County Clerk/Register of Di :Resolution # 88242 SepteMber '22-;-1988 Moved by Hobart supported by Skarritt the resolution be adopted. AYES: Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold, Rowland, Skarritt, Aaron, Bishop, Calandra, Crake, Doyon, Gosling, Hobart. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 eptember-22, 1988 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 Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this