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HomeMy WebLinkAboutResolutions - 1968.01.18 - 18906PUBLIC-WORKS COMMITTEE Romer Case, Chairman r7-- — Charles B. Edwards, jr. Harry/VV. Horton Miscellaneous Resolution No. 4824 Recommended by Board of Public Works Re: Amendment to Water Service Agreement Case Submitted by Mr. At a regular meeting of the Oakland County Board of Supervisors, Oakland County, Michigan, held in the Supervisors Auditorium in the City of Pontiac, Michi- gan, on January 18, 1968, at 10:00 o'clock A. M. , Eastern Standard Time PRESENT: Bachert, Bailey, Beecher, Bingham, Birnkrant, Brennan, Brewer, Case, Charteris, Clarkson, Cline, Colburn, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, E. Fisher, Forbes,_Fouts„_Frid, Gusilier, Gabler, Geralds, Hagstrom, Hall, Hamlin, Horton, Hudson, Hursfall, Ingraham, Inwood, Johnson, Kephart, Kramer, Lessiter, Levinson, Linley, Long, Mainland, Maly, Mastin, McAvoy, McDonnell, Melchert, Melstrom, Miller, Mitchell, OyMonoghue„ Oldenburg, PeaSley„ Perineff, Peterson, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Schwartz, Shepherd, Simson, Slavens„ Smith, Solberg, Tapp, Taylor, Tinsman, Treacy, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (78) ABSENT: Bryant, W. Fisher, Gallagher, Grisdale, Jones, Lahti, Lyon, Nelson. (8) Miseelliineous.=-,Re-SOTution-N04-4824 RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO THE AMENDMENT OF WATER SERVICE AGREEMENT, CITY OF DETROIT -COUNTY OF OAKLAND FOR FARMINGTON TOWNSHIP AND PART OF THE CITY OF FARMINGTON WHEREAS, the County of Oakland and the City of Detroit did enter into an agree- ment dated May 6, 1963 wherein the City of Detroit, by and through its Board of Water Commissioners, undertook to provide, sell, and supply water to a designated area of the Township of Farmington; and WHEREAS, section four (4) of said agreement provides that the service area can be expanded by mutual agreement; and WHEREAS, it is now necessary to expand the original service area in order to provide proper service to the Township and to certain areas recently annexed to the City of Farmington; and WHEREAS, the Oakland County Board of Public Works on January 15, 1968, did approve a form of Amendment to Water Service Agreement between the County of Oakland and the City of Detroit for the aforesaid purpose and did authorize the Chairman and Secretary of the Board of Public Works to execute said Amendment to Water Service Agreement subject to the approval of this Board of Supervisors, 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 Water Service Agreement between the County of Oakland and the City of Detroit for water supply to the Township of Farmington and part of the City of Farmington, which reads as follows: AMENDMENT TO WATER SERVICE AGREEMENT CITY OF DETROIT - OAKLAND COUNTY FOR FARMINGTON TOWNS AND PART OF THE CITY OF FARMINGTON THIS AMENDATORY AGREEMENT made this day of , 1968 by and between the City of Detroit, a municipal corporation organized under the laws of the .State of Michigan, by its Board of Water Commissioners (hereinafter referred to RS the "BOARD"), party of the first part; and the COUNTY OF OAKLAND, MICHIGAN, a public body corporate, by and through its Board of Public Works (hereinafter referred to as the "COUNTY"), party of the second part as agent of the Township of Farmington, Oakland County, Michigan (hereinafter referred to as the "'TOWNSHIP"). WITNESSETH: WHEREAS, the parties hereto have entered into an agreement dated May 6, 1963 wherein the Board undertook to provide, sell and supply water to a designated area in the Township„ set forth in Exhibits "A" and "B" of the agreement; and WHEREAS, Section four (4) provided that the service area could be expanded by mutual agreement; and WHEREAS, the parties are mutually agreeable to expand this area; NOW, THEREFORE, in consideration of the premises and undertakings of the parties hereto, it is agreed as follows: .1. That Section four (4) of the aforesaid Water Service Agreement be and is hereby amended to read as follows: be to the entire Township of Farming and to the in (4) The distribution of City of Detroit water by the shall described area or the City of Farmington°, That part of Sections 218 and 29, TIN, RH, Farmington Township, Oakland County, Michigan, beginnii-..g at a point, said point being the intersection of line of the Valleyhill Subdivision, as ran.....iii.:.u.: in Liber 100, Page 6, Oakland County Records „ with the center- line of Grand River Avenue; thence southwesterly along the westerly line of the. said VaL.eyhill Subdivision to the northerly line of the Woodcroft Subdivision as re- corded in Liber 57, Page 17, Oakland County Records, thence northwesterly along the northerly line of said Woodcroft Subdivision to the westerly line of said Wood- croft Subdivision, thence southwesterly alon.;.-; the wester- ly line of said Woodcroft Subdivision, and ,;,esterly line extended, to the east-west one quarter Ph line of Section 28, thence westerly along said east and west one quarter line to the east linetof Secti::,n 29, thence westerly along the east and west one line of Section 29, to the south line of the 1-96 i.:.,.x.i.:,ressway, thence north-westerly along the southerly line of the 1-96 Expressway to the west line of said Section 29, thence northerly along said west line of Section 29 to the northwest corner of Section 29, thence easterly along the north line of Section 29 to the northeast cor- ner of said Section 29, thence southeasterly along the centerline of Grand River Avenue to the point of be- ginning„ 2„ That Section seven (7) be and is hereby amended to read as follows: (7) The County agrees to pay for all water supplied by the Board at such rates as the Board may establish from time to rime, it being understood that such rates shall always be reasonable in relation to costs incurred by the City of Detroit for the supply of water. All money collected by the Board from the County for providing pure and wholesome water under the terms of this agreement, shall be used exclusively for the operation, maintenance, repairs, replacements, improvements and extensions of the water system of the City of Detroit. It is mutually understood and agreed that the ratc,,s shall include an annual minimum charge which shall be computed by applying the current rate to one -hail of the estimated annual consumption of City of Detroit water by IL. T.'rf.y.inty, which -2- Year Estimated Water Consump'.ci.c.)n. in Million_Cd,,Ft. Estimated Water Consumption in 'Million Cu Ft - " estimate is agreed to be as follows: 22 40 56 63 70 125 .140 154 169 190 211 232 253 275 296 317 338 360 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975. 1976 1977 1978 1979 1980 1981 1982 381 1984 397 1985 410 1986 423 1987 435 448 461 1990 472 I 991 481 1992 489 1993 498 1994 504 1995 509 1996 515 1907 521 1998 526 1999 532 2000 and thereafter 534 3. That Section 17A be added to read as follows (17A) The parties hereto shall comply with all applicable fair employment practices laws and ordinances and require similar compliance by all non-governmental parties contracted with pursuant to this agreement. Failure to so comply or to require compliance may be considered a material. breach of this agreement. All other terms, conditions, specifications, agreements and under- standings provided in the aforementioned agreement of May 6, 1963 shall be operative during the entire term of said agreement. IN WITNESS WHEREOF the parr-i.Q:•: have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF DETROIT, by .t:s Witnesses: BOARD OF WATER GOV N.7:.::.S11C)NERS By By Secretary COUNTY OF OAKLAND, by its Witnesses: BOARD OF PUBLIC WORKS By By PresiciPnt 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 Agreement as they may deem advisable. Case , seconded by Mr. Hursfall It was moved by Mr. that the foregoing resolution be adopted. Upon roll call the vote was as follows: Yeas: Bachert, Bailey, Beecher, Bingham, Birnkrant, Brennan, Brewer, Case, Charteris, Clarkson, Cline, Colburn, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, E. Fisher, Forbes, Fouts, Frid, Fusilier, Gabler, Geralds, Hagstrom, Hall, Hamlin, Horton, Hudson, Hursfall, Ingraham, Inwood, Johnson, Kephart, Kramer, Iessiter, Levinson, Linley, Long, Mainland, Maly, Mastin, MeAvoy, McDonnell, Melchert, Melstrom, Miller, Mitchell, O'Donoghue, Oldenburg, Peasley, Perinoff, Peterson, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Schwartz, Shepherd, Simson, Mavens, Smith, Solberg, Tapp, Taylor, Tinsman, Treacy, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (78) Nays: None. (0) Absent: Bryant, W. Fisher, Gallagher, Grisdale, Jones, Lahti, Lyon, Nelson. (8) Dated: January 18 , 1968 STATE OF MICHIGAN ) ) s s: COUNTY OF OAKLAND ) I, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of the proceedings pertaining to Amendment of Water Service Agreement, City of Detroit -County of Oakland for Farmington Township and Part of the City of Farmington, duly adopted and taken by the Board of Supervisors of said County at a regular meeting held January 18, 1968, the originals of which are on file in my office. John D. Murphy County Clerk, Oakland County BY Deputy Clerk