HomeMy WebLinkAboutResolutions - 1968.03.12 - 18941Harry W. Horton Charles B.Edwards,jr.
PUBLIC WORKS COMMITTEE
4836
Mr.
Homer Case, Chi•man
Miscellaneous Resolution No.
Recommended by the Board of Public Works
Re: Farmington and Evergreen Sewage
Disposal Systems, Southfield Sanitary
Lateral System No. 7
Case presented the Agreement and the
plans and specifications and estimates referred to in the following
resolution, a copy of which Agreement has been sent to each member of
the Board of Supervisors.
The following resolution was offered by Mr. Case
RESOLUTION PROPOSED BY GARLAND COUNTY BOARD
OF PUBLIC WORKS WITH RESPECT TO FARMINGTON
AND EVERGREEN SEWAGE DISPOSAL SYSTEMS -
SOUTHFIELD SANITARY LATERAL SYSTEM NO. 7
WHEREAS, the Board of Public Works has submitted to this
Board construction plans and specifications for the Farmington and
Evergreen Sewage Disposal Systems - Southfield Sanitary Lateral System
No. 7, and estimates of cost and period of usefulness thereof, pre-
pared by Hubbell, Roth & Clark, Inc., registered professional engineers,
all of which have been approved by the Board of Public Works; and
WHEREAS, the Oakland County Board of Public Works on
/ Y , 1968, did approve a form of Agreement to be
dated February 1, 1968, between the County of Oakland and the City of
Southfield for the extension of the Farmington and Evergreen Sewage
Disposal Systems to be known as the Southfield Sanitary Lateral System
No. 7, and did authorize the Chairman and Secretary of the Board of
Public Works to execute said Agreement subject to the approval of this
Board of Supervisors; and
WHEREAS, the City of Southfield is the only party needed
to contract with the County for 100% of the cost of the project; and
WHEREAS, the said Agreement is to be executed by the City
of Southfield.
NOW, THEREFORE, BE IT RESOLVED that the said construction
plans and specifications and estimates of cost and period of useful-
ness be approved and the County Clerk is hereby authorized to endorse
on said plans and specifications and estimates the fact of such approval
and return same to the Board of Public Works.
BE IT FURTHER 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 Agree-
inert to be dated February 1, 1968, between the County of Oakland and
the City of Southfield which reads as follows:
AGREEMENT
FARMINGTON AND EVERGREEN
SEWAGE DISPOSAL SYSTEMS
SOUTHFIELD SANITARY LATERAL
SYSTEM NO 7
THIS AGREEMENT made this 1st day of February, 1968, by and
between the COUNTY OF OAKLAND, a Michigan county corporation (herein-
after called the "County"), by and through its Board of Public Works,
party of the first part, and the CITY OF SOUTHFIELD, a home rule city
corporation in the County of Oakland (hereinafter called the "City")p
party of the second part:
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by resolu-
tion, Misc. No. 3270, adopted August 12, 1957, as amended by resolu-
tion, Misc. No. 3339, adopted January 24, 1958, did approve of estab-
lishment of the Farmington Sewage Disposal System (herein called the
"Farmington System"), to serve the Farmington Sewage Disposal District
(herein called the "Farmington District") within which district lies
part of the City of Southfield; and
WHEREAS, pursuant to the Farmington Sewage Disposal System
Agreement, dated November 1, 1957, as amended by amendatory agreements
dated December 22, 1958 and February 9, 1959, all between the County
of Oakland and the Cities of Southfield and Keego Harbor and the
Ac ) a
A
y 44.14, To rio of Binomfic;ld and Ponticc MP "lcA 7-5
rations to t!-.
agret, as
an
Si 03 4-1, .th e 77 ro Is ions of said
ored (herein referred to as the "Evergreen 'Ease
Townships of West Bloomfield and 17-,rmington, municipal corporations
in said Cc. onto of (-.)aklend, the said Co un ty actinn. bhrourth ts Deuart- , •
sent of BosOnWark.5,, citacuire the oricrinal Fareinuton Sewage Dis-
n 141 Q., 7 n, r-T 4: -7,fi-- 7e .7=M accluisition by the issuance of
7 antt to be C.7 7.1 4 rq MI 1'7 u 77" ":7E ('
rat
the "7 n cft: n Base
777-5 the ..F.riard of SIIDTV ,C7S by resolu-
t ton, MI No 3269 a do r7-,t Blun t: , 12 5 7 , si by reselr-
m- 34a5 . sa7,-,••••--,4•• ';7 1 '"), '"--1 4 IR opy co ve o f - •
list of the
to se:hve the Fverqeer. 2 DisPc,sal District
(herein. ,:n7.1 the "Evereen District') witn wh.i.ch district lies
of the fl4f-,, of
pursuant to the Everqreer Sewage Dispc!sal System
d a ted N c ember , 192 9 asassended by arc-••••4-
7eiats ditch December 22, 1958 and February 3, 1959, all between the
Bunt: of Ca l l:" and. the Cities of Bjrmrham, Blocm-la Hills,
Mv.-1M,F ^,1 N7-411 7. W.E0-,.7""d (M)7,,,7 V J.. :5- • , ja : . .
- - C) :71 k 7 77 :77 -n said • 2 ' "--1 acting
IC slosts di d a......•ut re 4- 11 e era
fi_r,ance such. acc-uisitien by the issuance of
hr-,1-","-7.2. in antun'nefinn of payments to be made by saic7. municipal corpc-
-2--
thc,
as amended, ars to ide
e,Yieh.an P obllc Act:- Of 1957,
-lc works in any .7cy having
• ireb ii mrha ire noose tom cotond one stem cool red
WT777 77 it is necessary in e-,1t.end thr, TvercTreen and the
by c7mi.4truct.lon of the s.c-called Sothfield Sani-
tary Lateral S A 7 'maid City of 500 hi odI uh(7 ,---r the Tpro-
A t , of 7 R
a part of the Far7 -Lngtor rrstr:'
greet:. D:ts r 711 1 C t Cl tv,
said s7utl....ld
7771e7L::: th.o CflU7-'7.V 7,.mcvnt-:
deer-
tion of the
-1der this Agree-
City aqrees, to r)ay the ent -Lre cost 7f eaolf,. ScyJthffeld Sanitary La-
teral System No, 7; and
7=7-c Ever-
green Districts will be affo.otoO y the construction of said South-
field SarJt.a,ry Laterel System 7; ari..7
in
that thethe Ccunty the City, pFirties hereto, enter into this Auree- ,
ment; end
of Public Works (hereinafter some-
• abLained r. o---
=9.nd an et*mslte cost fn- nonstrctir oF s. .f Southfield
7 , LITOOOITEId b. '" 70Lh & Clark Inc .,
rethstared Inrc,fosLoril enecrs, and a J:op showing the .approximate
area of sod Soutb!:ield Sanit ,ir ,: Lateral System
-3-
Said project may be divided into sections by DPW for purposes
No. 7, 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.
THEREFORE, IT IS HER= AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
1. The plans and specifications for the Southfield Sani-
tary Lateral System No. 7 (herein sometimes referred to as the "Pro-
ject") as prepared by Hubbell, Roth & Clark, Inc., registered profes-
sional engineers, are hereby approved and adopted in the form ini-
tialed by the parties hereto under the date hereof, and the estimate
of cost thereof is approved and adopted in the amount of $1,200,000.00
as set forth on Exhibit B attached hereto. The said project shall
consist of sewers located approximately as set forth and generally
shown on Exhibit A hereto attached. The said plans and specifica-
tions and estimate of cost shall be submitted to the county board of
supervisors, together with an ordinance or resolution approved by
the Oakland County Board of Public Works, providing for the issuance
of bonds by the County as hereinafter provided, in an aggregate prin-
cipal sum not exceeding the amount of the capital cost as hereinafter
defined. If such bond ordinance or resolution shall be adopted by
said board of supervisors, then the DPW shall proceed to secure bids
for the construction of the project, to secure bids for the purchase
of the bonds, to award the construction contracts and to issue the
bonds, and shall cause the project to be constructed within a reason-
able time thereafter.
2. The said project is designed for, and shall be used
for, the collection and transportation of sanitary sewage only.
-4-
f t -,ettrac 17. 5
- c ar t 47 4- -
7; -:-.71ngton and.
- , 77. "•:": if' 5 77
IR if th- Pns.if ehail hor,t7.:Tco.e irn fuT1 force
a 7.-.art. of the
ii thir:
•sect rria
75 irsiOi)r'
• -
c41 ;el S7i:i t. 1:7V Lateral, h a 11 net
1 Cr 7
Lererol.. Stein
n11
7 „The
ot cost
...„ „ „
and - effect -
tary No 7 is it will ser -ve the parts
of the. City I r the ITaT.71'. 71-1 s riot and. located. in the
hv said
:: 7 .7-- r to
or. to the E'verc-7,--en
:Rrid. C7 -7. H. "5... 4- 41 I
in F.: 17r,
4- f 7, 1.. 7: C. 1777 e 77. by or 47 0 7.71
sai& T
mh ,C onr1 t y or 4-7,e Cii
Systc c.. 7 of any seccecin tilehitinn c)-F the two Bae'e AcrreemPnts
The City 1Ua 13.7, 7 - —
set fertb in
as ccc cut fciroth in e y rrrd 7
the 1.7=Tsct,
and any.
o type or nature,
bit73 çjred to by the
ace: Lriccc7 cod co n structing —
P: otter.
S .. A a of r 2 rcrcc rt ti be ecicle iv tie City beset.
-5-
p,ay-
thereto:, and the
th7n thi.rtv (-“))
f cr ihtorest on ,s,nv
, •• . •,
Said City
days prr.7T.t"" ° C ' -77
Daation herein iSF,0e .0 by r". (-1 Vr i nt
upon the eFtimatad ocisj' of the project
meats is atttchad hereto a5 Fxh -itit C
part hersof„
t.h deters of such -pay-
thi5 reference made a
Finy bonds by the
herd shall notify
1 its Lreasurer, of ity, by written
revisions in said
ments to foIl 501 sa.id •: -
the Coo to 4:7," C. 3.."), 'T =`,i. r-'1 h C.•
7.!4-hor ±s.,Hr:J1 ene time •:)-c- at r,ore
.7 ,.. herein •-!
it Is a
th7Jt the priLcioal of th,c- bc-:nds 7C'Z 4- of the project,
If. thc City Fh:-7.11 r:ay the prcjt CO Dhy portion thereof, or
fur l s shall, be reved. by (1 .1t:3nt or otherwlse to ar,71y against the
cost of the 7;r:-,jr7t, 1.7:i or to the is7uance of boh„,fs, thn the ob1J-
c -ation of the City Fhall be =4 7:7,-t: the rlty shall
rise. the soonunt th2rEef shall
he sub,oct to e r ,-inelty of nne-helf of one perccrt (1/2 of 1%) for
17-sonth or fraction te-cof thot the sore re7,7 --!„.75 -,7.77nRid after
the (.9,3e date_ The City mat'Jrito all or any
of an a -onlit,1 insta',,l7ont due the Ccuhty, by fsiirrender 4,_hor to the
p a yments
this con fra n..: "1- 4 a Ike prrrnciprrl
der rear with all future d',io
the celeri-
-6-
mated d.e1.. n omccm
year levy a tax
-,,,,,
- ' - • I 1 6, A ft er -
costs any E.I:Irplcis. the as Is of the bonds
therefor sha7.7., _
in such e'y•:nt ths cc -IO-act
-31.:eject shal7 be
chased,
the year of
on the open market and
oreunL scams so per--
--Lb.
:77,U
q1r, 1. 1
The Cit-,v '•••• • "•'•• -• S - 7 F
for the thoaforamrL1 h1 4:.7atioha ,Trndi ahs11
.5 11 F. C 7 toI.: the
prompt p7",y7---ant -f amorht rlue t.T:feze, L.-re t.7',me cf the
: .7.h the. th-cla. :cf TliaMng such an -
ncal -be ct).sh n,71 (7!.S for in 1:-aragraph
(2), Section 12 of Pot No, 123 of t )!-:e (.,:ts of 1957, as amended)
r,ad,-rrark ,ed fnr the ens f,Thr which the
tax levy is to be made, in which case th,: tax le vy mav be re-
be raised in the .sr: S 'as pro7 -1dF,d So j72aragraph. Section 12 of
said Act Nt) of the Putic Acts of 1957, as now existing or
hereafter amorded,
8, The County- shall tssa its negeLible bonds to defray
the 000H551. cost of thc pre -icct, which. bonds shall he secured pri-
marily by ae Tull fai.t7n of the City under this
ec.Trem,cnt, se ,7.:7.rn.-)dri]ny, if by a 3:5Lhs majority of the
of Board e: 1 .H the fun faith and
credit of the Cooty of 0.,7;!-"I M.-, seia bons shall be issued hwisu-
ant to the mom ionsof sail act and the ,3plalicable general statutes
the -L.77 C o u n sil of the City - • Son t.hfrcid and. by the
of the state where not in ocnfnct with said act,
9. The r-1-""4 c,' this e ,-roement shall not be modified
or terminated so as to 177-,eir the security of any bonds issued by
the County upon the full Faith and credit pledge of the ritv, It
is hereby declared that the terms of this agreement insofar as they
pertain to the security of any such bonds, shall he deemed to be for
the benefit of the boldei-s of said bonds,
lO The Situ consents Lu the ue by the County of the pub- ..
- lic streets, alleys, lands and -4 the City fo the
purpose of constructing, operating and maintaining the Southfield
Sanitary Late -al System No 7 and. of any improvements, enlargements
and extensens thereto, The City reaffii.:..sn its covenant and warrant
that all sanitary sewage originating therein shall be delivered only
to the Farmin7ton or Evergreen Systems, including extensions thereto,
for transportation therein and ultimate disposal, Lands (other than
hi c21.b5: owned by or under the jurisdiction of the City or the
County, located within the rarmiric or Evergreen District, shall
be liable, if sanitary sewage ,a7aotes therefrom, to the same extent
as privately owned lands, to pay the charges for sewage disposal ser-
vi.ees with respect thereto,
This acl.r.7. 4- s hall to.ccme uffor Live upon being ap-
Board of Publlo Works nd Board of Supervi sors o f (.)akland County
nd properly executed by the flffide ,--q of the Situ and or the Board
of Public Works rrl--,*s contract shall terminate when. the two Base
Agreements terminate.
INWITNESS WEEREOF, the parties hereto have caused this
-8-
aareement to be executed and d,eliverfad hv resrantive duly- au-
thorized offfin!ers,• all as of the dav and year first above written,
rvr,
BY ITS ED =LIC WORKS
By
Chalrman
Sec.. ova.
CITY
By
Mayor
City Clerk
Br
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.
BE
Mr, Case oved the adoption of the fore-.
going resolution, The motion - was supported by Mr. Walker
On roll call the resolution was adopted by the following vote:
Yeas: Bachert, Bailey, Beecher, Birnkrant, Brennan, Brewer, Bryant, Case,
Charteris, Clarkson, Cline, Dewan, Doherty, Duncan, Edward, Edwards,
Eldridge, Forbes, Fouts, Frid, Fusilier, Gabler, Geralds, Grisdale,
Hall, Hamlin, Hudson, Hursfall, Ingraham, Inwood, Kramer, Lahti,
Lessiter, Long, Mainland, Maly, Mastin, McAvoy, McDonnell, Miller,
Mitchell, Nelson, OtDenoghue, Oldenburg, Peasley, Peterson, Reid,
Schiffer, Schwartz, Simson, Slavens, Smith, Solberg, Tapp, Taylor,
Tinsman, Valentine, Wahl, Walker, Webber, Wilcox, Woods, (62)
Nays: None. (0)
Absent: Bingham, Colburn, E. Fisher, W. Fisher, Gallagher, Hagstrom, Horton,
Johnson, Jones, Kephart, Levinson, Linley, Lyon, Melchert, Melstrom,
Perinoff, Potter, Powers, Remer, Rhinevault, Rusher, Shepherd, Treacy,
Wilmot. (24)
March , 19 68
STATE OF MICHIGAN)
)SS
COUNTY OF OAKLAND)
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 March 13, 1968 , in re:
Farmington and Evergreen Sewage Disposal Systems, Southfield
EETry Lateral System No
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 WITNESSWHEREOF, I have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan, this 13th day of
John D. Murphy
County Clerk
By
Deputy Clerk