HomeMy WebLinkAboutResolutions - 1968.04.15 - 18864Misc. Resolution No, 4862
Recommended By: BOARD OF PUBLIC WORKS & PUBLIC WORKS COMMITTEE
BOARD OF SUPERVISORS
Re: EVERGREEN SEWAGE DISPOSAL SYSTEM - SOUTHFIELD ROUGE ARM
The following resolution was presented by Mr.
RESOLUTION
WHEREAS, this Board did on June 22, 1964 by Misc. Resolution No. 4343
approve a contract dated April 15, 1964 between the County of Oakland, by and
through its Board of Public Works, the City of Southfield, and the Village of Bingham
Farms for the construction of an extension of the Evergreen Sewage Disposal System,
designated Southfield Rouge Arm - North Extension, and
WHEREAS, said Contract was amended, dated January 15, 1965 and approved
by this Board on October 4, 1965 by Misc. Resolution No. 4487.
NOW, THEREFORE, BE IT RESOLVED, that Second Amendment to said Contract
dated April 15, 1964 be approved, which Amendment reads as follows:
Case
SECOND AMENDMENT TO
AGREEMENT
EVERGREEN SEWAGE DISPOSAL SYSTEM
SOUTHFIELD-ROUGE ARM
THIS AGREEMENT made as of this 1st day of June, 1967,
by and between the COUNTY OF OAKLAND, a Michigan county corporation
(hereinaftet called the "county"), by and through its Board of
Public Works, party of the first part,: and the CITY OF SOUTHFIELD
and the VILLAGE OF BINGHAM FARMS, municipal corporations in the
County of Oakland (hereinafter called the "municipalities"),
parties of the second part.
WITNESSET H:
WHEREAS, under date of April 15, 1964, the County of
Oakland and the City of Southfield and Village of Bingham Farms
entered into an Agreement (herein sometimes called the "Agree-
ment") providing for the construction by the county of an
extension to the Evergreen Sewage Disposal System designated
Southfield-Rouge Arm and for the payment of the entire cost
thereof by the said city and village pursuant to said Agreement
and Act No. 185 of the Michigan Public Acts of 1957, as amended,
said Arm being described in said Agreement by reference to
Exhibits "A" and "B" thereto and the method of payment being set
forth in Exhibit "C" thereto; and
WHEREAS, under date of January 15, 1965, the said
parties to said Agreement entered into an Amendment to Agreement
(herein sometimes called the "Amendment to Agreement") by which
it was agreed that said project be changed as to location and
estimate of cost and that the division of cost and method of
payment of cost as between said city and village be changed; and
WHEREAS, the said Southfield-Rouge Arm has been con-
structed and completed and paid for out of the proceeds of bonds
issued by the County of Oakland and there remains on hand a
surplus out of said bond proceeds of more than $200,000; and
WHEREAS, the said City of Southfield and Village of
Bingham Farms have each requested the County to acquire a North
Extension to said Arm at an estimated cost of about $50,000 and
to pay for the same out of said surplus bond proceeds; and
WHEREAS, the Department of Public Works (hereinafter
sometimes referred to as the "DPW") has obtained from Spalding,
DeDecker and Associates, registered professional engineers, a map
showing the location of, and an estimate of cost for, the said
North Extension to said Arm, which estimate of cost is attached
hereto as Exhibit "B" and by this reference made a part hereof,
and which map is attached hereto as Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, in order to acquire and finance said North
Extension it is necessary that this Second Amendment to Agreement
be entered into by the parties hereto.
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO, as follows:
1. The location for the North Extension to the
Southfield-Rouge Arm as prepared for the DPW is hereby approved
-2-
and adopted in the amount set forth on Exhibit "B", hereto attached.
The said North Extension to said Arm shall consist of sewers
located approximately as set forth and generally shown on Exhibit
"A", hereto attached.
2. Each of said municipalities shall pay to the county,
to cover the capital cost of the North Extension to the Southfield-
Rouge Arm, a sum equal to that produced by applying the following
percentages to the capital cost thereof, to-wit:
City of Southfield %
Village of Bingham Farms
Total 100.00000%
The term "capital cost" as above used, shall include all
items of cost set forth in the Exhibit "B" attached hereto and any
changes thereto and any other or 'additional items of cost, of a
similar type or nature, as may be set forth in any revision of
Exhibit "B" agreed to by the parties hereto, incurred by the county
in acquiring and constructing the North Extension to said Arm. .
3. The amount to be paid by each municipality towards
the cost of the Southfield-Rouge Arm has been divided into 30
annual installments, numbered in direct order of their. maturities
based upon percentages and in amounts set forth in the Amendment
to Agreement, dated January 15, 1965. The aggregate amount of
each installment as to each municipality and the division thereof
between the municipalities as to this North Extension to said
Southfield-Rouge Arm are set forth in a schedule designated
Exhibit "C", hereto attached and by this reference made a part
hereof.
-3-
Since the cost of the said North Extension is to be
defrayed out of surplus proceeds of the county bonds which were
issued in anticipation of the payments to be made towards the
cost of the Southfield-Rouge Arm, no additional payments are
required to be paid towards the cost of this North Extension,
but the percentage obligations of the said city and village,
respectively, are different for the North Extension than for the
Arm itself. Therefore, when the last ten installment payments
due from the city and the village for the Arm fall due, said
installments shall be adjusted as set forth in Exhibit "C" by
increasing the amount payable by the Village of Bingham Farms in
each of said ten years by one-tenth of its proportionate share of
the cost of the North Extension less one-tenth of its proportion-
ate share of the surplus funds from the Southfield-Rouge Arm
(1/10 x 2.72847%) as applied to the cost of the North Extension
and by reducing the amount payable by the City of Southfield in
each of said ten years by the increase payable by the said Village.
Said adjustment in amounts paid shall not, and cannot because of
the county bonds already issued, relieve the City of Southfield
or the Village of Bingham Farms of its full faith and credit
obligation to pay its respective shares of the cost of said
Southfield-Rouge Arm or of the North Extension thereto as provided
in the Agreement or in the Amendment to Agreement or in this Second
Amendment to Agreement or in Act No. 185 of the Michigan Public
Acts of 1957, as amended. The terms and provisions of the Agree-
ment, Ease Agreement and Amendment to Agreement as to payment of
the said installments or prepayment thereof and the interest there-
on and collection thereof shall apply to the obligations herein
created relative to the North Extension to the Arm, which obliga-
tions do not require the payment of additional moneys in aggregate
amount but simply adjust the apportioned percentages of the pay-
ments during the last ten years.
-4-
By
By
By
By
President
Village Clerk
Mayor
City Clerk
4. This Second Amendment to Agreement shall become
effective upon being approved by the legislative bodies of the
municipalities and by the board of public works and board of
supervisors of Oakland County and properly executed by the
officers of the municipalities and of the board of public works.
As amended hereby, the said Agreement of April 15, 1964, the
Amendment to Agreement of January 15, 1965 and the Base Agree-
ment to which said Agreement refers shall continue and be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Second Amendment to Agreement to be executed and delivered by
their respective duly authorized officers, all as of the day and
year first above written.
COUNTY OF OAKLAND
BY ITS BOARD OF PUBLIC WORKS
Chairman
By
Secretary
CITY OF SOUTHFIELD VILLAGE OF BINGHAM FARMS
Treasurer
By
L
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TWELVE MILE ROAD 120'
SOUTHFIELD- ROUGE ARM
NORTH EXTENSION
EXHIBIT "A"
OAKLAND COUNTY D.PW.
550 SOUTH TELEGRAPH RD,
PONTIAC',M1CHIGAN
OCTOBER 13,1961
EVERGREEN SEWAGE DISPOSAL SYSTEM
SOUTHFIELD-ROUGE ARM
NORTH EXTENSION
November 17, 1967
ESTIMATE OF COST
113 Lin. Ft. 21" Sanitary Sewer @ $20.00 = $ 2,260.00
2449 Lin. Ft. 18" Sanitary Sewer @ $18.00 ,-- $44,082.00
12 Each Special Manholes @$600.00 = $ 7,200.00
Total Construction Cost $53,542.00
PROJECT COST
Construction $ 53,542.00
Engineering 5,061.70
Administrative 1,338.55
Legal 500.00
Inspection 1,606.26
Contingency 6,251.49
Easement Acquisition 1,400.00
Soil Borings 3CM. 00
Total Cost $ 70,000.00
I hereby estimate the period of usefulness of this facility to be forty (40)
years and upwards.
SPALDING, DEDECKER & ASSOCIATES, INC.
By 8.
Vern B. kSpaldirvi, P. E.
EXHIBIT "B"
Estimated
Adjusted
Principal
Payment
Southfield
$ 78,284.27
83,147,84
88,011.43
92,874.99
97,738.58
97,738.57
97,738.58
97,738.57
97,738.58
. 57
$1,959,828.20
(Adjusted Total)
EVERGREEN SEWAGE DISPOSAL SYSTEM
SOUTHFIELD-ROUGE ARM
BOND MATURITY SCHEDULE
ADJUSTMENTS FOR NORTH EXTENSION
Yte, a r
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
Total
Pri ici pa 1
$ 35,000
35,000
35,000
40,000
40,000
40,000
45,000
45,000
45,000
50,000
50,000
55,000
60,000
60,000
65,000
65,000
70,000
70,000
75,000
80,000
85,000
90,000
95,300
100.. 000
105,000
105,000
105,000
105,000
105,000
105,000
$2,060,000
Principal Payment
Southfield
0
$ 34,045.04
34,045.04
34,045.04
38,908.61
38,908.61
38,908.61
43,772.19
43,772.19
43,772.19
48,635.77
48,635.76
53,499.34
58,362.92
58,362.92
63,226,49
63,226.49
68,090,07
68,090.07
72,953.65
77,817.22
82,680.80
87,544.38
92,407.94
97,271.52
102,135.11
102,135.11
102,135.11
102,135.11
102,135.11
102,135.0
$2, po3, 793.52
Principal Payment
Bingham Farms
0
954 96
954.96
954.96
1,091.39
1,091.39
1,091.39
1,227.81
1,227.81
1,227.81
1,364.23
1,364.24
1,500.66
1,637.08
1,637.08
1,773.51
1,773.51
1,909.93
1,909.93
2,046.35
2,182.78
2,319.20
2,455.62
2,592.06
2,728.48
2,864.89
2,864.89
2,864.89
2,864.89
2,864.89
2 864.89
$ 56,206.48
Estimated
Adjusted
Principal
Payment
Bingham Farms
$ 6,715.73
6,852.16
6,988.57
7,125.01
7,261.42
-7,261.43
7,261.42
7,261.43
7,261.42
7 261.43
$ 100,171.80
(Adjusted Total)
EXHIBIT "C"
November 17, 1967
PUBLIC,WORKS COMMITTEE
e, Chairman
Charles B. Edwards, Jr.
MR. CHAIRMAN, on behalf of the Public Works Committee, I move the adoption
of the foregoing resolution.
The foregoing Resolution was moved by Mr. Case
and supported by Mr. Edwards
ADOPTED
AYES: Bachert, Bailey, Beecher, Bingham, Birnkrant, Brennan, Brewer, Bryant, Case,
Charteris, Clarkson, Cline, Colburn, Dewan, Duncan, Edward, Edwards, Eldridge,
Famulare, E. Fisher, Forbes, Fouts, Frid, Fusilier, Gabler, Gallagher, Geralds,
Grisdale, Hall, Hamlin, Horton, Hursfall, Inwood, E. Kephart, J. Kephart,
Kramer, Lahti, Levinson, Linley, Long, Mainland, Maly, McDonnell, McNamee,
Melchert, Melstrom, Miller, Mitchell, Nelson, 0 9 Donoghue, Oldenburg, Peasley,
Perinoff, Peterson, Potter, Reid, Remer, Rhinevault, Rusher, Schiffer, Schwartz,
Shepherd, Simson, Slavens, Smith, Stine, Tapp, Taucher, Taylor, Tinsman, Treacy,
Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (70
NAYS: None. (0)
ABSENT: Doherty, Ingraham, Johnson, Lessiter, Lyon, Mastin, Powers, Solberg. (8)
April , 19 .
STATE OF MICHIGAN)
SS
COUNTY OF OAKLAND)
I, John D. Murphy, Clerk of the County of Oakland, State of
Michigan, do hereby certify that I have compared the annexed copy
of proceedings of the Oakland County Board of Supervisors taken
at a regular meeting held on April 15, 1968 9 in re:
Evergreen Sewage Disposal System-Soutillield Rouge Arm
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 WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan, this 15th day of
John D. Murphy
County Clerk
BY
Deputy Clerk