Loading...
HomeMy WebLinkAboutResolutions - 1987.10.22 - 18097Miscellaneous Resolution # 87262 October 8 , 1987 • BY: PLANNING 64 BUILDING COMMITTEE, Anne M. Hobart Chairperson IN RE: RESOLUTION TO APPROVE EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM—POLLUTION CONTROL FACILITIES—AMY RELIEF SEWERS CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the City of Auburn Hills, the City of Bloomfield Hills and the Township of Bloomfield (hereinafter collectively referred to as the "Municipalities" and individually a "Municipality") are in urgent need of further sanitary sewage disposal improvements and facilities (the "Project") which are shown on Exhibit A to the Contract (as hereinafter defined) as constituting improvements, enlargements and extensions to the "Evergreen-Fat4aington Sewage Disposal System-- Pollution Control Facilities--Amy Relief Sewers" (the "System"), in order to further abate pollution of the waters of the Municipalities and thus to .promote the health and welfare of the residents thereof, which improvements and facilities would likewise benefit the County of Oakland (the "County") and its residents, and the governing bodies of the Municipalities have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, Public Acts of Michiaan, 1939, as amended ("Act 342"), and especially Sections 5a, 5b and 5c thereof; and WHEREAS, by the terms of Act 342, the County and the Municipalities are authorized to enter into a contract for the acquisition, construction and financing of the Project consisting of enlargements, additions and improvements to the existing System of sewage treatment facilities and sanitary sewers and related facilities to serve the Evergreen-Farmington Sewage Disposal District (the "District") and for the payment of the cost thereof by the Municipalities, 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 Municipalities, parties of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the Project as part of the System pursuant to Act 342, and which Contract is hereinafter set forth in full; and WHEREAS, there has also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS, the said contract provides for the issuance hereafter of bonds by the County to defray part of the cost of the Project, said bonds to be secured by the contractual obligations of the Municipalities to pay to the County amounts sufficient to pay the principal of and interest on the hereinafter authorized bonds and to pay such paying agent fees and other expenses as may be incurred on account of said bonds; and -2- WHEREAS, this Board of Commissioners desires to proceed with the establishment of this Project in the System and the approval and execution of the said Contract to acquire, construct and finance the Project as provided in said Contract. 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 by majority vote of its members-elect does hereby authorize and direct that there be established, and there is hereby established, under and pursuant to Act 342, as part of the System of sewage disposal improvements _and services to be known as the "Evergreen-Farmington Sewage Disposal System--Pollution Control Facilities-Amy Relief Sewers," a Project which shall consist of enlargements, additions and improvements to - the existing sewage treatment facilities and sanitary sewers and related facilities, as specified and to be located as shown in Exhibit A to the Contract; that the Project in the System shall serve the Municipalities; that the Oakland County Drain Commissioner _is hereby designated and appointed as• the "County Acency" for the System; that the County Agency shall have all the powers and duties with respect to the Project and System as are :provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and System, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Municipalities as hereinafter provided. -3- FISCAL NOTE BY: . FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DRAIN COMMISSIONER RESOLUTION TO APPROVE EVERGREEN - FARMINGTON SEWAGE DISPOSAL SYSTEM - POLLUTION CONTROL FACILITIES - ANY RELIEF SEWERS CONTRACT - MISCELLANEOUS RESOLUTION #87262 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #87262 and finds no additional. County funding is required. FINANCE COMM- 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project and the estimates of $6,806,000 as the cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners be and the same are hereby approved and adopted. 3, APPROVAL OF CONTRACT. The Evergreen-Farmington Sewage Disposal System—Pollution Control Facilities—Amy Relief Sewers Contract dated as of September 1, 1987, between the County, by and through the County Drain Commissioner, party of the first part, and the Municipalities, parties of the second part, which Contract has been submitted to this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has been executed by the appropriate officials of the Municipalities. The Contract reads as follows: EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM-- POLLUTION CONTROL FACILITIES--AMY RELIEF SEWERS CONTRACT • THIS CONTRACT, made and entered into as of the first day of September, 1987 (this "Contract"), 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 AUBURN HILLS, the CITY OF BLOOMFIELD HILLS and the TOWNSHIP OF BLOOMFIELD, municipal and township corporations located in the County (hereinafter sometimes collectively referred to as the "Municipalities" and individually a "Municipality"), parties of the second part. WITNESSET H: 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 has heretofore, by majority vote of its members-elect, auth- orized and directed that there be established a County system_ of sewagedisposal-Improvements and services to serve • the Municipalities, said system to be known as the "Evergreen-Farmington Sewage Disposal System--Pollution Control Facilities--Amy Relief Sewers" (hereinafter some- times referred to as the "System") to serve the Evergreen- Farmington Sewage Disposal District (the "District"), 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 terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the improvements to the System herein- after described (the "Project"), the County and the Municipalities are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project by the County and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full_ faith_ and credit of the Municipalities to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners, to pledge its full faith and _credit for the payment of such bonds and the interest thereon; and WHEREAS, there is an urgent need for such sewage .disposal—system improvements to _.provide._the means of treat- ing of sanitary --eewage : -originating in the Municipalities in order to abate pollution of the waters of the Municipalities, the County and the State of Michigan (the "State"), and thus to promote the health and welfare of the residents thereof, which improvements would likewise benefit the County and its residents, and the parties hereto have concluded that such improvements can be most economi- cally and efficiently provided and financed by the County -2- through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and Sc thereof; and WHEREAS, preliminary plans for the Project as part of the System and also estimates of the cost of the 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 being submitted hereby for approval by the Board -of Commissioners of the County after having been approved by the governing bodies of the Municipalities and placed on file in the office of the County Agency, said estimates being set forth in Exhibit B attached hereto; and WHEREAS, in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters it is necessary for the parties hereto to enter into this Contract. THEREFORE, 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 of the System and the acquisition, con- struction and financing of the Project as herein provided, under and pursuant to Act 342. Each Municipality, by way of compliance with Section 29, Article VII of the Michigan Constitution of 1963, consents and agrees to the establish- ment of the System and the location of the Project within -3- 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 System and Project and any further improvements, enlargements and extensions thereof, and each Municipality further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easement, right-of-way, license, per- mit or consent as may be requested by the County. (2) The Project shall consist of enlargements, additions and improvements to the existing sewage treatment facilities and sanitary sewers and related facilities of the System as shown on Exhibit A which is attached hereto and which is hereby made a .part hereof, and as are more par- ticularly set forth in the preliminary plans which • have been prepared and submitted by the Consulting Engineers which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance with the preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the Consulting Engineers, but variations therefrom which do not materially change the location, capacity or overall • design . of the Project or of the System; and which do not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. other variations or changes may be made if approved by the County Agency and by resolu- tion of the governing body of each Municipality and if pro- Visions required by paragraph (8) hereof are made for payment or financing of any resulting increase in the total -4- estimated cost. The estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B are likewise hereby approved and adopted. (3) The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series, in whatever aggregate prin- cipal amount is necessary to be so financed to defray that part of the total cost of the Project which is in excess of funds available from other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the Municipalities to the County in the percentages as provided in Exhibit C which is attached hereto and which is hereby made a part hereof, and shall be secured secondarily, if so voted by the Board of Commissioners of the County, by the pledge of the full faith and credit of the County, and the said bonds shall be payable in annual maturities the last of which shall be not more than forty years from the date thereof. (4) The County Agency shall proceed to take construction bids for the Project and, subject to the sale and delivery of said bonds, enter into construction con- tracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, cause the Project to be con- structed as part of the System within a reasonable time, and do all other things required by this Contract and the laws of the State and the United States of America. All certifi- cates for required payments to contractors shall be approved -5- by the Consulting Engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be con- structed pursuant-to this Contract. All policies and memor- andums of insurance shall provide that the County and the Municipalities shall be insured parties thereunder and shall contain a provision requiring that each Municipality be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with each Municipality. (5) It is understood and agreed by the parties hereto that the System is to serve the Municipalities and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the governing body of the Municipality wherein such property is located. The responsibility of requiring connection to and use of the System •and/or providing such additional facili- ties as may be needed shall be that—of the Municipality wherein such property is located and such Municipality shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 here- of. (6) The Municipalities shall pay to the County their respective shares of the total cost of the Project (less such funds as may become available from other sources), which total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit 13 (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"). The cost of the Project is hereby allocated to the Municipalities in accordance with the percentages set forth in Exhibit C on which are also shown the additional capacities And population equivalents assigned to each of the Municipalities for use of the System. Such payments of each Municipality shall be made to the County in annual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. such an annual installment of each Municipality shall be so paid in each year if any principal and/or non-capitalized inter- est on said bonds falls due during the twelve-month period beginning on such principal maturity date in said veer, and the amount of each installment of each Municipality so due and payable shall be at least sufficient, when added to the amount of the installments of the other Municipalities so due and payable, to pay all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency shall, within thirty days after -7- delivery of the County bonds to the purchaser, furnish the Treasurer of each Municipality with a complete schedule of the principal and interest maturities thereon, and the County Agency shall also, at least thirty days before each payment is due to be made by each Municipality, advise the Treasurer of each Municipality of the amount payable to the County on such date. If a Municipality fails to make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse a Municipality from the obligation to make payment when due. Such payments shall be made by each Municipality when due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this Contract to defray a part of the cost of the Project as part of the System, the foregoing obliga- tions shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. (7) A Municipality may pay in advance any one or more of its installments or any part thereof payable to the County pursuant to this Contract (a) by surrendering to the County any of said County bonds of like principal amount maturing in the same calendar year, or (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity, plus all interest thereon to the first date upon which such bonds may be called for redemption, and plus all applicable call premiums and bond service charges, and in such event the -8- County Agency shall call said bonds for redemption at the earliest possible date; provided, however, that such advance payment and credit therefor shall be limited in amount at any given time to the amount of bonds available for purchase or redemption by call within the twelve-month period succeeding the date of the advance payment. The installments or parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. (8) In the event that it shall become necessary to increase the estimated cost of the Project as hereinbef ore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted to be made in the approved plans or other- wise, then (without execution of any further contract or amendment of this Contract) the governing bodies of the - Municipalities may, by resolution adopted within fifteen days after the receipt of construction bids, direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost as hereinbefore stated by more than 5%, pro- vided that such deletion shall not materially chance the general scope, overall design and purpose of the Project or of the System, or in the absence of the adoption of such resolution the municipalities shall pay or procure the pay- ment of the increase or excess in cash, or County bonds in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board. of -9- Commissioners of the County) be issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources; provided, however, that no such increase or excess shall be approved and no such increased or additional County bonds shall be author- ized to be issued, nor shall the County enter into any con- tract for acquisition or construction of the Project or any part thereof or incur any obligation for or pay any item of cost therefor, where the effect thereof would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, unless the governing body of each Municipality shall have previously adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the Municipalities 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 Municipalities to the County in the manner herein- , before provided; provided, further, that the adoption of such resolution by the governing body of each Municipality shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. (9) In the event that the actual cost of the Project is less than the total estimated cost, then any surplus available to the County from the sale of County bonds, at the option of the -governing bodies of the Municipalities shall be used further 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 of the County, and provided further that the amount of any surplus used to purchase or redeem bonds shall be limited at any given time to the amount of bonds available for purchase or redemption by call within the twelve-month period succeeding the date the surplus funds became available. Any such surplus may, for the purpose of improving, enlarging or extending the System, be supple- mented by cash payments to be made by the Municipalities, or such improvements, enlargements or extensions may be .financed entirely from such cash payments, where authorized by the governing bodies of the Municipalities. Where any such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the Municipalities to the County shall be reduced so as to reflect the resulting saving ofinterest and the payment required to be made in the calendar year of the stated maturity of said bonds shall be reduced by the prin- cipal amount thereof. (10) Should a Municipality fail for any reason to pay the County at the times specified, the amounts herein required to be paid, such Municipality does hereby authorize -11- the State Treasurer or other official charged with the dis- bursement of unrestricted state funds returnable to such Municipality pursuant to the Michigan Constitution to with- hold sufficient funds to make up any default or deficiency in funds. If the full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of such Municipality, the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to such Municipality and to pay such amount to the County. The foregoing shall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of such Municipality. (11) Each Municipality, pursuant to the authoriza- tion of Section 5a of Act No 342, hereby pledges its full faith and credit for, the prompt. and timely payment of its obligations expressed in this Contract and each year shall levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be suffici- ent to pay its obligations under this Contract becoming due before the time of the following year's tax collections; provided, however, that if at the time of making its annual tax levy, a Municipality shall have on hand in cash other funds (including but not limited to funds from special -12- assessments, user charges or connection fees) which have been set aside and pledged or are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such amount. The ability of each Municipality to levy taxes is subject to constitutional, statutory and charter limitations. The governing body of each Municipality shall each year, at least 90 days prior to the final date provided by law for the making of the annual tax levy of the Municipality, sub- mit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this Contract prior to the time of the next following year's tax collections, the amount of the funds which the Municipality has or will have on hand or to its credit in the hands of the County which have been set aside and pledged for payment of said obligations to the County, and the amount of the taxes of the Municipality next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall review such statement promptly and, if it finds that the proposed tax levy is insufficient, it shall so notify the governing body of the Municipality, and each Municipality hereby covenants and aarees that it will• thereupon increase its levy to such extent as may be required by the County Aaency. (12) No change in the jurisdiction over any terri- tory in any of the Municipalities shall in any manner impair the obligations of this Contract or affect the obligations of the Municipalities hereunder. In the event that all or any part of the territory of any Municipality is incor- -13- porated 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 (includ- ing the pledge of full faith and credit) of such Municipality, which proper proportionate share shall be fixed and determined by the County Agency and shall be bind- ing upon all • parties concerned - unless, within sixty (60) days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the governing body of such Municipality shall by mutual agreement and with the written approval of the County Agency fix and determine such proper proportionate share. The County Agency shall, prior to making such determination, . .receive a written recommendation as to the proper propor- tionate share from a committee composed of one representa- tive .designated by the governing body of such Municipality, one designated by the governing body of the new municipality or the municipality annexing such territory, and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its represen- tative 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 recommenda- tion. If the committee shall not make the recommendation within forty -five (45) days after its appointment or within -14- any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. (13) This Contract is contingent upon the County issuing its negotiable bonds, as herein provided, to defray such part of the total estimated cost of the Project as is necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the bonds are not issued within three years from the date of this Contract, then unless extended by mutual agreement it shall become null and void, except that the Municipalities shall pay, all engineering, legal and other costs and expenses theretofore incurred in the percentages set forth in Exhibit C and shall be entitled to all plans, specifications and other engineering data and materials. (14) Upon completion of the Project as part of the System the County does hereby agree to operate and maintain the same upon the following terms and conditions: (a) The System shall be used only to serve the District here- tofore established by the Oakland County Board of Commissioners unless the area to be served thereby is enlarged by agreement between the Municipalities and the County. (b) The County shall maintain the System in good condition. (c) Neither the County nor the Municipalities shall permit the discharge into the System of any sewage in violation of the standards -15- and regulations controlling the discharge of industrial and/or com- mercial type waste into the System as said standards and regulations may be promulgated from time to time by the Municipalities. (d) The Municipalities shall charge the individual users of the System for sewage disposal services such amounts as shall be sufficient at least to pay the cost of operating and maintaining the System and to establish a fund for replacements, improvements and major maintenance of the System. The County, as agent for the Municipalities, shall col- lect such charges. In addition, the Municipalities may make, and the County as their agent may collect, such charges to individual users as shall be necessary to pay the operating and collection costs of the County and to provide such other funds for sewage disposal purposes as are deemed desirable. The County, as agent for the Municipalities, shall enforce prompt payment of.all such charges as the same shall become due, and the receipts from such charges shall be deposited in a separate account or enterprise fund to be established and maintained by the County. The Municipalities shall establish such charges as specified in para- graph (d) to be paid to the County quarterly or more often commencing with the first day of the calendar quarter in which the System is put into operation. The Municipalities may also establish charges for sewage disposal services other than as specified in paragraph (d). (f) The County shall at all times oper- maintain and_use the System and the facilities thereof in such man- ner as to comply fully and complete- ly with the requirements of applicable law. It is further agreed with respect to the Project and the System that at all times during the operation there- of by the County that it will obtain and maintain in effect (e) -16-- adequate property damage, public liability and workmen's compensation insurance covering all facilities maintained by the County under any contract with the Municipalities now or hereafter in effect. All policies and memorandums of insur- ance shall provide that the County and the Municipalities shall be insured parties thereunder and shall contain a provision requiring that the Municipalities be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of -insurance shall be filed with each of the Municipalities. (15) The County shall have no obligation or responsibility for providing sewers or sewage disposal facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The Municipalities shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the Project and the System by constructing or extending sewers or -related facilities, connecting the same to the System, and otherwise improving the System. It is expressly agreed, nevertheless, that no connection shall be made to facilities of the County system or of this Project and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the .County Agency. It is further agreed that the System shall be used for collection and conveyance of sanitary sewage only and that the Municipalities shall take all necessary action to prevent entry into the System of storm waters and also to prevent -17- interest thereon. The right to make changes in this or entry of sewage or wastes of such a character as to be injurious to the System or to the public health and safety. The Municipalities shall be responsible for removing any infiltrations or inflow entering the System that is determined to be effective for the Municipalities to remove on the basis of facilities planning and sewer system evaluation surveys conducted by the Consulting Engineers. (16) All powers, duties and functions vested by this Contract in the County, other than those relating to the operation and maintenance of the System specified in paragraph (14) hereof, shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this Contract. (17) The parties hereto recognize that the holders from time to time of .. the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the each of the Municipalities to the making of its payments as set forth in this Contract, will have contractual rights in this contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this Contract shall not . be subject any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal Contract, by amendment, supplemental contracts or otherwise, is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective -18- create and maintain the b ,-sp.-;0 tax-exempt obligations duties and obligations under the terms of this Contract promptly, at the times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the contract of said bonds, the security there- for, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this Contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to be for the benefit of the holders of said bonds. (IS) The County Agency shall prepare, with the aid of its consultants, such convenants, representations and warranties and have adopted by officials of the County and the Municipalities such procedures for construction, accounting, payment and operating as are necessary to comply with the requirements of State and federal law in order to create and maintain the obligations of the Municipalities and the County under this Contract and with respect to the bonds as valid and binding obligations and in order to under State and federal income tax law. Such covenants, -representations and warranties and such procedures shall be evidenced by and set forth in ceri -cates or resolutions prepared for the County Agency which the Municipalities and the County all hereby agree to approve, execute and adopt at or prior to issuance and delivery of any bonds. (19) In the event that any one or more of the pro- visions of this Contract shall for any reason be held to be -19- invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this Contract shall be construed as if such invalid, illegal or unenforceable pro- vision has never been contained herein. (20) This Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notices required by Section 5b of Act 342; provided, however, that if, within the 45-day period, a proper petition is filed with the Clerk of any Municipality in accordance with the provisions of said Section 5b of Act 342, then this Contract shall not become effective until approved by the vote of a majority of the electors of such Municipality qualified to vote and voting thereon at a general or special election. This Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining_to said bonds. This Contract may be executed in several counterparts The provisions of this Contract shall -inure -to the benefit_ if and be binding upon the successors and assigns of the parties hereto, IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by the 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 AUBURN HILLS By: Mayor COUNTY OF OAKLAND By: County Drain Commissioner (County Agency) And: City Clerk CITY OF BLOOMFIELD HILLS, TOWNSHIP OF BLOOMFIELD By: By: Mayor Supervisor And: And: City Clerk Township Clerk PMW/09192/0039/A34/2 -21- '‘1 • •FS---A \ -L. = NArt0 LNE L.A.Kc 71:0A TROY // - gLoOmPIELD TOwNsmillo (Sec tion ] tan.0 .040 I FRA<LIN F7INGION HILLS LATNRUP YILLA4E gOuTHFIEL Eicarr ti..1 acAa DILTPIGer ; COM181,1012•+. L EGEND OffieseiamenbiliftaMen 2=a STUDY AREA SOUNOART mloPP,PPP"Poo ExESTINS INTERCEPTORS gICEEM=1 oPosED Res.)CP" sEwERS • NOTE 'EAST WAYS SEWER IN SECTCN I TO BE IN CENTER OF .RCAZ AND IN ABANDONED RAILROAD R/W WtiTNO LNG LAKE ROAD SCALE 3N MILES 7-7,777:n 1. A rAtill 1 r I OAKLAND COUNTY, MICHIGAN EVERGREEN-FARMINGTON POLLUTION CONTROL FACILMES AMY RELIEF SEWERS !, A4MIL.I3T pliff pREFILRED g NUS LL.ROTN aCLARN,rile. = 4. Total Estimated Cost - Section 2 750,000.00 Estimate of Cost EYERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES AMY RELIEF SEWERS Project Section I 54" Tunnel Sanitary Sewer @ $660,00 per L.F $ 36" Sanitary Sewer @ 125.00 per L.F. = 30" Sanitary Sewer @ 115.00 per L.F. = 24" Sanitary Sewer @ 98.00 per L.F. = 21" Sanitary Sewer @ 90.00 per L.F. 13" Sanitary Sewer @ 81.00 per L.F. 15" Sanitary Sewer @ 75.00 per L.F. 10" Sanitary Sewer @ 62.00 per L.F. = 24" Force Main @ 67.00 per L.F. = 6" House Lead @ 20.00 per L.F. = L.S. Pump Station (4200 gpm) 6 Each Bulkheads . @ 1,200.00 each 554,400.00 623,750.00 570,400.00 326,340.00 166,500.00 24,300.00 389,250,00 106,020.00 298,150.00 18,800.00 500,000.00 7,200.00 840 L.F. 5,030 L.F. 4,960 L.F. 3,330 L.F. 1,850 L.F. 300 L.F. 5,190 L.F. 1,710 L.F. 4,450 L.F. 940 L.F. Estimated Construction Contract Cost Engineering Plans & Specifications Construction Inspection Construction Layout Easement & Land Cost Administration, Legal & Financial Soil Borings Contingencies Total Estimated Cost - Section 1 = $ 3,590,110.00 = 230,000.00 - 140,000.00 = 100,000.00 = 220,000.00 = 120,000.00 15,000.00 = 214,890.00 = $ 4,630,000.00 2,740 L.F. 1,140 L.F. 3,110 L.F. 290 L.F. 15" Sanitary Sewer 12' Sanitary Sewer 10" Sanitary Sewer House Lead Connections Project Section 2 @ $82.00 per L.F. = $ @ 75.00 per L.F. = @ 69.00 per L.F. = @ 22.00 per L.F. = 224,680.00 85,500.00 214,590.00 6,380.00 Estimated Construction Contract Cost Engineering Plans & Specifications Construction Inspection Construction Layout Easement & Land Cost Adminstration, Legal & Financial Soil Borings Contingencies $ 531,150.00 45,000.00 25,000.00 20,000.00 41,000.00 25,000.00 10,000.00 52,850.00 EXHIBIT "B" Page 1 8/87 Project Section 3 1,740 L.F. 15' Sanitary Sewer 1,320 L.F. 12' Sanitary Sewer 3,410 L.F. 10" Sanitary Sewer @ $75.00 per L.F. = @ 70.00 per L.F. = @ 62.00 per L.F. = $ 130,500.00 92,400.00 211,420.00 Estimated Construction Contract Cost Engineering Plans & Specifications Construction Inspection Construction Layout Easement & Land Cost Administration, Legal & Financial Soil Borings Contingencies Total Estimated Cost - Section 3 = $ 434,320.00 35,000.00 20,000.00 18,000.00 = 175,000.00 20;000.00 5,000.00 32,680.00 = $ 740,000.00 Project Section 4 Section 4 is interceptor relief facilities to be constructed by others under a Federal Wastewater Construction grants project. The project consists of a relief interceptor north of Eight Mile Road (Section 4a) having a total non-grant cost of $3,804,000 and a relief interceptor along Evergreen Road (Section 4b) having a total non-grant cost of $3,206,000 (based on receipt of 55% Federal funding of eligible costs). The cost shares for tributary communities is based in proportion to the additional flow requirements of each community. I hereby estimate the period of usefulness of this project to be forty years and upwards. Cost estimates are based on ENR Cost Index of 4219 and do not include interest and financing costs. M. D. Waring, P.E. No. 9775 EXHIBIT "B" Page 2 8/87 „ „ 0.22 cfs 0 $ 750,000 4.10 cfs 4.32 cfs - 94 "91% 4.32 cfs - ;09% $ 711,800 = $ 38,200 - 64.62 cfs 634% -$ - 241i200 4.10 cfs - - 43.84 cts ' = $ 299,800 0.88 cfs -64-37-7s 1 *36% - $.1 51,700: 0.88 cfs - 43.8a CTS 2.01% = $ 64,400 4.10 cfs $5,636,600 $906,500 0.22 cfs 64.62 cf - 0.34% $ 12,900 0.22 cfs 0 50% 43.84 cts = $ 16,000 $262,900 3.86Z EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES Amy Relief Sewers Additional Capacities 4 Population Equivalents Additional Eouivalent Population 1,989 Community Bloomfield Township Bloomfield Hills Auburn Hills Additional Flow - cfs 4.10 0.88 0.22 *Capacity provided for extraneous flow. Estimated Cost Shares Based on Additional Flow in Each Project Section Project Section 1 Total Cost $4,630,000 Bloomfield Twp. Share c s - 78.85% 5.20 cfs Bloomfield Hills Auburn Hills Share Share 0.88 cfs - 1692% 0.22 cfs '5.20 cfs 5.20 cfs - 4 °23% . $195,800 = $3,650,800 plus $123,800** = $3,774,600. = 81.52% = $783,400 less $123,800** = $659,600 = 14.25% 0.88 cfs 3 $ 740,000 4.10 cfs - 82.33% 4.98 cfs $ 609,200. 4 .98 cfs - 17.67% $130,800 4a $3,804,000 4b $3,206,000 NET ESTIMATED COST SHARE ALLOCATED PROJECT 82.82% COST SHARE IN % 'OF TOTAL COST OF $6,806,000 **Redistribution agreed upon by Bloomfield Township and Bloomfield Hills. 13.32% EXHIBIT "C" 8/g7 ,.;RLNK;RESOLUTK)Ni Mr. Chairperson, on behalf of the Planning and Building Committee/ 1 move adoption of the foregoing resolution. a t 2 2 /I g . -4 PLANNING AND BUILDING COMMITTEE 22nd day o lierAL.r IMAM Allir".'1" Lk t.'dALEN Coun/y Clerk/Register of Deeds 1987 #87262 October 22, 1987 Moved by Hobart supported by Moffitt the resolution be adopted. AYES: Hobart, Richard Kuhn, Luxon, McConnell, McDonald, Angus McPherson, Moffitt, Page, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling. (19) 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 this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on October 22, 1987 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, i have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this