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HomeMy WebLinkAboutResolutions - 1968.08.27 - 18882H al W. Harton Charles B. Edv\716.ds'7jfr At a regular meeting of the Board of Supervisors' of Oakland County, Michigan, held in the Supervisor's Auditorium in the County Service Center, in the City of Pontiac, Michigan, 27:01_ the day of , 1968, _August at 9.:30 o'clock A.M., Eastern Daylight Time. PRESENT: AnderSen, Bachert, Beecher, Bingham, Birnkrant, Brennan, Brewer, Bryant, Case, Cline, Colburn, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, Forbes, Fouts, Fusilier, Gabler, Hall, Hamlin, Horton, Hursfall, Ingraham, Inwood, Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McDonnell, Melchert, Melstrom, Miller, Mitchell, O'Donoghue, Oldenburg, Peasley, Perinoff, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Shepherd, Simson, Slavens, Smith, Solberg, Tapp, 'Faucher, Taylor, Tinsman, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (70) ABSENT: Charteris, Clarkson, Famularo, Frid, Gallagher, Geralds, Grisdale, Lyon, Mastin, McNamee, Nelson, Paholak, Peterson, Schwartz, Stine, Treacy. (16) Miscellaneous Resolution .No. 4915 Recommended by the Board of Public Works Re: EVERGREEN SEWAGE DISPOSAL SYSTEM •- BLOOMFIELD TOWNSHIP TRUNK ARMS 7 STAGE ONE Mr. Case presented the following resolution, a copy of which has been sent to each memeber of the Board of Supervisors: on RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO EVERGREEN SEWAGE DIS- POSAL SYSTEM - BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE ONE WHEREAS, the Oakland County Board of Supervisors by Miscellaneous Resolution No 4719 adopted on April 25, 1967, did approve an Agreement to be dated March i f 1967, between the County of Oakland and the Township of Bloomfield for the exten- sion of the Evergreen Sewage Disposal System to be known as the Bloomfield Township Trunk Arms - Stage One, and did authorize the Chairman and Secretary of the Board of Public Works to execute said Agreement; and WHEREAS, pursuant to said resolution and a resolution adopted by the Township Board of the Township of Bloomfield the County of Oakland and the Township of Bloomfield entered into said Agreement dated March 1, 1967; and WHEREAS, it is now necessary to amend said Agreement to approve -a revised estimate of cost in the amount of $3,500,000 and a revised schedule of payments which revised estimate of cost and revised schedule of payments are set forth as "Revised . Exhibit B" and Revised Exhibit C" to the Amendment to Agreement hereinafter set forth in full; and WHEREAS, the Oakland County Board of Public Works on Aug. 19 , 1968, did approve an Amendment to Agreement to be dated August 1, 1968, between the County of Oakland and the Town- ship of Bloomfield, which Amendment to Agreement amends the Agreement - Evergreen Sewage Disposal System - Bloomfield Township 1 Trunk Arms - Stage One dated March 1, 1967, and did authorize the Chairman and Secretary of the Board of Public Works to execute said Amendment to Agreement subject to the approval of this Board of Supervisors; and WHEREAS, the Township of Bloomfield is the only party needed to contract with the County for 100 96 of the cost of the project; and . . WHEREAS, the said. Amendment to Agreement is to be executed by the Township of Bloomfield. NOW, THEREFORE, BE IT RESOLVED, that the Chairman and Secretary of the Board of Public Works be and they are hereby authorized and directed to execute and deliver on behalf of said County of Oakland, an Amendment to Agreement to be dated August 1, 1968, between the County of Oakland and the Township of Bloom- field which reads as follows: 1 AMENDMENT TO AGREEMENT EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS - STAGE ONE THIS AGREEMENT made as of this 1st day of August, 1968, by and between the COUNTY OF OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its Board of Public Works, party of the first part, and the TOWNSHIP OF BLOOMFIELD, a Michigan township corporation in the County of Oakland (hereinafter called the "township"), party of the second part. WITNESSET H: WHEREAS, under date of March 1, 1967, the County of Oakland and this township entered into an Agreement providing for the construction by the county of an extension to the Evergreen - Sewage Disposal System designated Bloomfield Township Trunk Arms- Stage One and for the payment of the entire cost thereof by this township pursuant to said Agreement and Act No 185 of the Michigan. Public Acts of 1957, as amended, said Arms being described in said Agreement by reference to Exhibits "A" and "B" thereto and the schedule of payments being set forth in Exhibit "C" thereto; and WHEREAS, subsequent to the execution of said Agreement , county bonds were authorized in the amount of $2,020,000 and . approval of the Municipal Finance Commission was obtained and con- struction bids were received, which bids were in excess of estimated costs so that it has become necessary to change the estimate of cost of the project and the schedule of payments of cost by this township; and WHEREAS, the Department of Public Works (hereinafter some- - times referred to as the "DPW") has prepared revisions of the estimate of cost for the said Arms, and a revised schedule of pay- ments of cost which revised estimate of cost is attached hereto as Revised Exhibit "B" and by this reference made a part hereof, and which revised schedule of payments is attached hereto as Revised Exhibit "C" and by this reference made a part hereof; and WHEREAS, because of the delay in issuing county bonds and the changes in payment schedules as to dates and amounts it is necessary that this 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 revised estimate of cost Of the Bloomfield Town- ship Trunk Arms-Stage One is approved and adopted in the amount of as set forth on Revised Exhibit "B" dated August 8 , 1968, hereto attached. The revised schedule of pay-. ments of cost of the Bloomfield Township Trunk Arms-Stage One is approved and adopted as set forth on Revised. Exhibit "C" hereto attached. . Paragraphs 4 and 5 of said Agreement of March 1, 1967, . are hereby amended to read as follows: 4. The Township of Bloomfield shall pay to the county, the capital cost of the Bloomfield Township Trunk Arms-Stage One. The term "capital cost" as above used, shall include all items of cost set forth in Revised Exhibit "B" attached hereto and any changes thereto and any other or additional items ofcost, of a similar type 000 -2- or nature, as may be set forth in any further revision of Revised Exhibit "B" agreed. to by the parties hereto, incurred by the county in acquiring and constructing the project. 5.- A schedule of payments to be made by the township based upon the estimated cost of the project and the dates of such payments is attached hereto as Revised Exhibit "C" and by this reference made a part hereof. Immediately upon the issuance of any bonds by the county to finance the cost of the project, the board shall notify the township, by written communication addressed to its treasurer, of any further revisions in said Revised Exhibit Cl" and of the schedule of payments of the principal of and interest on the county bonds, and of the paying agent fees and financing charges with respect thereto, and the amount of such payments, fees and charges to be paid by said township. Said township hereby covenants and agrees, not less than thirty (30) days prior to the due date of any principal of or interest on any such bonds, to remit to the board sufficient funds to meet said payments in full and said fees and charges applicable thereto. The obligation herein expressed shall be applicable to all bonds issued by the county to construct and complete the project, as herein-defined, whether issued at one time or at more than one time. It is assumed that the principal of the bonds represents the cost of the project. If the township should pay the project cost, or any portion thereof, or funds shall be received by grant or otherwise to apply against the cost of the pro- ject, prior to the issuance of bonds, then the obligation of the township shall be adjusted accordingly. If the township shall fail to make any of such payments when due, the amount thereof shall be subject to a penalty of one -half of one percent (1/2 of 1%) for each month or fraction thereof that the same remains unpaid after -3- the due date. The township may pay in advance of maturity all or any part of an annual installment due the county, by surrendering to the county, bonds issued in anticipation of payments to be made under this contract, of a like principal amount maturing in the same calendar year with all future due interest coupons attached ,thereto. 3. All other references in said Agreement to Exhibit "B" or to Exhibit "C" shall be deemed to mean Revised Exhibit "B" or Revised Exhibit "C" as attached hereto and approved and adopted hereby. 4. This Amendment to Agreement shall become effective upon being approved by the Township Board of the township and by the board of public works and board of supervisors of Oakland Codnty and properly executed by the officers of the township and of the board of public works. As amended hereby the said Agree - pent of March 1, 1967, and the Base Agreement to which said Agreement refers shall continue and be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this 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 By Chairman By Secretary TOWNSHIP OF BLOOMFIELD By Supervisor By Township Clerk August 8, 1968 EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOMFIELD TOWNSHIP TRUNK ARMS - • STAGE ONE ReVised Estimate of Cost (Based upon bids received July 16, 1968 on Sections A, B and D and upon bids receivc..•d August 8, 1968 for Section C.) 1. Section A 2, Section B • 3. Section C 4. Section D 5. Construction cost, Su,b-Total 6. Acquisition of existing sewers: I,a) Railroad Street (b) Portion of Section "C" (Nichols Drain) (c) Telegraph Road to Pemberton Street , (d) Town Hail .7, Sub-Total S. Engineering 9. Adminisrative 10. Legal and Financial 11. Inspection 12. 'Contingency 13. Easement Acquisition 14. Soil Borings 15., Sub-Total 16. Capitalized interest @. 51% for 18 months $321,792.00 766,359.06 1,146,.C.33.00 204,060.06 $2,439.'04.06 70,126.03 16,468.80 30,004.00 68,604.00 $2,624,300.80 '50,000.00 65,600.0C 15,400.30 79,000.00 268,074.20 15,000,00 nil 7 000 • u - $3,9 24,375.00 275.625.03 17. Total Cost $3,500_,000.00 . I hereby estimate the period of usefulness .of this facility to be forty (40) years and upward. HUBBELL, ROTH & CLARK, INC. Theodore G. Biehl, P.E. NTT qP Eek9hIBIT—''17B"' August 8, 1968 EVERGREEN SEWAGE DISPOSAL SYSTEM BLOOIVIFIELD TOWNSHIP TRUNK, ARMS STAGE ONE SCHEDULE OF PAYMENTS $33 500 2 000 BOND ISSUE PrincipaI due on April 1st • 1969 $ -o- 1970 -o- 1971 75,000 '1972 85,000 1973 95,000 1974 100,000 1975 105,000 1976 105,000 1977 . 110,000 1978 110,000 1979 120,000 1980 120,000 1981 130,00e 1982 140,000 1983 140,000 1984 150,000 1985 155,000 1986 165,000. 1987 . 175,000 1988 180,000 1989 190,000 1.990 200,000 1991. ' 210,000 1992 210,000 1993 215,000 1994 215 t 000 REVISED EXHIBIT '"C" Initiel : BE IT FURTHER RESOLVED, that the officers of the Board of Public Works are authorized to execute and deliver such number of original copies of said Amendment to Agreement as they may deem advisable. ADOPTED. YEA • : AnderSbh, Bachert, Beecher, Bingham, Birnkrant, Brennan, Brewer, Bryant, Case, 'Cline, Colburn, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, Forbes, Fouts, 'Fusilier, Gabler, Hall, Hamlin, Horton, Hursfall, Ingraham, Inwood, Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McDonnell, Melehert, Melstrom Miller, Mitchell, Monoghuc, Oldenburg, Peasley, Perinoff, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Shepherd, Simson, Slovens, Smith, Solberg, Tapp, Toucher, Taylor, Tinsman, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (70) NAYS: None. (0) Board of Supervisors at a regular meeting held on the 27th STATE OF MICHIGAN ) ) SS. COUNTY OF OAKLAND ) Chief Deputy I, the undersigned, the duly qualified/County Clerk of the County of Oakland, Michigan, do hereby certify that the fore- going is a true and complete copy of a resolution adopted by the day of Aug. , 196 8 , the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 27tbd ay o f Aug. , A.D. 196 Chief DeputyCounty Clerk