HomeMy WebLinkAboutResolutions - 1959.10.25 - 19186Misc. 3,)92
Recommended by the Board of Public Works
IN RE: CITY OF KEEGO HARBOR SEWER SYSTEM
Submitted by Mr. Thatcher
Mt. Chairman, Ladies and Gentlemen:
I offer the following resolution which was approved by
the Board of Public Works at their meeting of October 26, 1959:
BE IT RESOLVED, that the contract entitled Keego Harbor
Sewage Disposal System Agreement, dated as of October 12, 1953, is
hereby approved as to form and substance and the Chairman and
Secretary of the Board of Public Works are hereby authorized and
directed to execute and deliver the same on behalf of the County
of Oakland; said contract being as follows:
reinafter ity'), party of the second part the
1957 as amended by contract c.ember , 1959 and February
1959, whereby ty of Oakland agreed to construct, finance
crigi
t, 7 C°, TIV7 p 77 "A"
• •• ,••• z.) _Lai=
:reemeit made this 19th day of Ootobr, 1959 i
and between the County of and, a Michigan county corporation
(hereinafter called the 'county"), by and throuh. its board of
public works, party of the first and the City -of. Keect(7,o Harbor,
a municipal corporation in the County of Oakland, Michigan
W T T NE9S 7 T 14H
11=9EAS, the County of Oakland and the City of Keego
Harbor, at ci,, entered into a certain contract dated Nov=ber 1,
and operate under provisions of Act No. 1E5 of the
Public Acts of 1957, the Farmington Sewage Disposal System 6 and
WHEREAS, in said agreement the city agreed to deliver to
mington Sewage Disposal System all sanitary sem
ating within its limits 7 and
WHEREAS, no sanitary sewage collecting system now eA-ists
within the City of Kees° Harbor; and
the city is desirous that the county establish
a sewage disposal system under the provisions of Act No. 165 of
the Public Acts of 1957, as amended, for the purpose of collecting
sanitary sewage is. thin the city limits and delivering the same to
the Farmington Soze Disposal System at or near lelle southerly
issuance of bonds under Art No , in anticipation of the
limits of said city, which system so to he established is sometimes
hereinafter referred to as the "system" or "Keego Harbor system;
and
WHEREAS, plans and specifioations have been prepared for
said syste by Johnson & Anderson, Inc., engineers and
li,THET=, it is necessary for the county and the city to
contract relative to the various matters hereinafter set for
THEPEFO RE , IT IS 7777 P71-1'Y A r-1:7'17177' zy AND R-77VE7N 7 :77 PARTIES 7,1.8 4
HERETO AS FOLLOWS,
1. The county, pursuant to the provisions of Act No
105 of the Public Acts of 1957, as amended (hereinafter sometimes
referred to as "Act No. 1S5), shall accuii%: and finance said
Keego Harbor system in accordance the plans and specifications
prepared by Johnson & Anderson, Inc., registered professional
engineers, which plans and specifications are on file wtth.. both
the city and board of public works and have been identified by the
signatures of the mayor of the city and the director of public
works, the location of which sewers are set forth on Exhibit A
hereto attached and made a part heroof. Provided, that said plans
and specifications tind said locations may be altered if approved by
the city council 3nd board of public works.
The said system is designed for, end shall be used
for, the collection and transportat ion of sanitary sewage only.
3. The county shall finance the said system by the
collection. of which the city herein agrees to
as
in
annually to c the cost of the of said syst em
together with interest,
4. The city agrees to pay to t.",e conk:y the capital
cost of said system in annual installments and *7 .--o pay interest
upon unpaid 7:ns -.7_11menns, :all as hereinafter provided. The amount
to be so paid by the city shall be based upon an estimaej :ost of
$530,000 or such =ended estimated cost as shll he agreed upon
prior to the iss .nc ., of bonds,
of public works if the actual
estimated cost, te
the city council and the board
11 be less than the
s,.7.rplus from the sale of bends therefor
shall be used to purose such bonds on the open tmLtot and in such
event the contract o'elLgation of the cit.,' shall be ',.:eced by the
par amount of so pux( 2.e.d by .7,..!.:.edLtn.7; t!,--e par amount
each bond to the contract insta l lmentdue in the year of the
maturity of bond PuT bonds $o m:.,r(.-he,sPd shall be
If the actual cost shill be greater teln. the estimated cost, then
the additional amount shall be to the e -itv and the severe
then remaining installments shall dz., _ricreasPd accordingly.
The
vided in the newt yc.r-o4nr, divided jnt-e-1
- foregoing • -
annual tnst11 ,reT.t ,7: numbered in direct order of their maturities,
first in each year beginning
amounts as follows
in each of the years thru 1965
".:J.i 3 005 in each of the years 1c thru 1970
13,3 in each of the yeLczs 1971 thru 1976
each of the years 19 -/7 rhru 1961
25,NC ech ni hg, s 19.2 thru 1985
each of tLe 75i&ars -hru 1990
IC ar
All amounts of said. ts < < tir.ie "
s:
T—vo ear thereafter omouri t an the first be of-
county in ex of the amount of interest which the county shall as
be rewAred tc its said to t,rlor to tne ri•t ,.ary
..•5Pchn1 nt ,,rest coupons tnereto. 3, with
bonds Li be uc - 03 c-
(a )
bear interest at the rata of 5% per from July 1,
maturity. therafre -r until paid, payable on ,..InAlAry 1, 19J1 and
I interest due on January 1 in any - year shAl be collected by the
let, mon any eec • in the amere.nt so corieeLec after :.:educting
annual fees 7,ses oonne, with the 17,7:7M of sand
bonds, shall be cy-editpd to the city which credit shall be applied
or the next interest becoming due from the city, If the cH„ty shall
fail to nay any -interact 1.,7..7 the becomes due,
then the ,7,mouat thPreoi shall so ,iect to a pen:1--.'1.ty in addition
to interest of 1/2 of I% for e a fraction thereof that
the same re7 -AnE7 1 artev- us date
TIes ennual installments shall not be &.1,*iect to
prepayment e -Kcet that the city n
installment by ,3undaring L=2:,‘
amount due in the s'ams year i
Ty7, all or .7,1ny part of an
Issue of an equal
installmem ,p,c ,22..les due,
accrued on the instaiI ,1 , or Dart tnereof so paid ana upon tea
sux ren of the
7, The term -cipital cost' as Shove, used sha l l include:
ost of any lands or rL.,-Mts therein, which
system, are necessary for
P.t.:itute one-hilf (1 I/D vpars,
costs in connection wJth the /FA -/
aitV aces f§th credit IC i
thereon, as the same shall bacon shall each year levy
ore the iTe of ftereof
following year's t .i7 c-dlecrlor, t -..Toe of mal: 1(-1
annual 2 casi, o. uanu as provided for
(2), ,_/ c-cc:
current- of7.
case .c.:7-.!-a
c.„fl , earmarked for the p.a.eJeni of the
tan levy is to he in wh'Lch
lavy may be
7.3ns fjor which
U by that ..T14 Fund 7or
C, the said syse7:1-i, aunty hereby
%-1
The cost of physical structures and equipn.c.nt.
Ar ,,itectural, engineering, financi a l and 1(-,,g1
fees_
ttelize dinterest n.:.;:s as provided by
v discount at. which bonds are to be offored
projeut and with the sale of
v other necessary costs directly
with the said protect end the financHng thereof
for the prompt aLL'Ipl!t of si.d ens Calament an: the irterest
tax in .Lir. cmovalt which, taking -into consderation estimated
deli LiSUT eal.ie.acions will be sufficient too the
cued: may Le raised in the =ner 7)rovided
ar,a. 0-r o f 7,•
complei-ed, thy death the this contract, upon the
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put?UOl T lO0DOC, 1.l Id cu
ao 5L 3 p7717s 77=71 lus '4,s_Ks 7..!,&-.3 1J1 01
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S3f20i)1 30 Rauog 734:4 To ucTro7.-.2 uTc. uskav Jo
o3uT •:L 2oGq4 2Tw1odou uno7,
°SULD12 ,17d00 7-)171_11 02
1"1 10 uo)::I .Ridmcn -Luom mou
uodn. 117.-1.s zceild 2c217.3 aqq.
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uq ST.1.1
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esudx ---) la-17 .7.0p..-:-Is ia.LT -oa Rue
S1W K1C'SSG3U 9Up -47„om Aavssaeu. ac wzolzd
TTE
OZ 3 .45.3TY Z'iA121.1 Tiuus
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7ccld 4o p117oq .
u0-77.7puo .o pooS• go StS U oT1
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4Tlcu iT S0L 01 pauoci uzul
c';.Tqnd jo parog
!Due poo2U.Ual.SICS
pius o.-7J.7. 7z.17. SL.1.77a,
0742,
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eTqa aqn mo2; ICTuo V:iumas uoT1.17.12odsur1-
:suo -r1,20 .3 pue 4 01104
The city cc-01 nn 4- hc
f the system chos sewage Q „..:•:,.,..„ sezy uc .c _
the opera:don of the "F.-=mington. sam as provided
agrees to make collect connet otioos I ll QC/
0,,uu in cash par at the time of SCILL,":-;:r7 ,the connectto.;:.
: • 7 a fter
' an
cash at the time the constru cti on
The word - as hPreJn used shell mean any property from which
&mdfor commercial type wastes into the county system.
which sh2.11 be sufficient at least to pay the cbar .ges to be made
ty for the county to the .E;a disposal servis• nesu 7..tins from
In Lne contract the county nd the i at iil dated
t7-7 November 1 1 .17 _).# In : bitten thereto the city hareby
year for each LP 77e , ,'""r”
monly or qu.serly as shall be dcu:-:, by tl-)=. city; Provld,
any property 'May dlschairg .ation by paying
or within ,ncr thereaft er,wi th no cre d i t " •or
p,::ciments mr,J.e ai then due. ntd rcurther,
that if the uuner of :):::.operty ..:_cusiv connected to the
-.„- system improves -Liie same by the Lion ci a 0...4 On
installments as fore pi 0•7 f tnie due installments
shall not constitute a on the the due data th•5,..r0of
emanates quantity of sanit a ry se.unge ordinarily anal
the opanoy of a residence build :sy 5, sin
size The of units to igned to
CcOiar parcel of property used for thn single residence
purposes shall be determined hy the board of public works and its
decision shall be final. The board of rks, if the cir-
any calendar month, on - 4: the ,e-n before the Lutn o, s ucce eding ry-to.
county upon any OVP.- tnterest an.b the ,mount
on the payable
05 held by Cointy for the and maintain a
cumstances justify, may assign more than one unit to a sLngle
family dwelling. No lass than one unit shall be assigned to any
property and once a property has been connected to the system and
Ilas been assigned or m:ore rilts, subsequent changes In the
character of the use if s-,dproFabif -A - d estruction,
removal or abandonment of any or all imprs -Tements thereon) shall
not abate the obligation to continue the payment of connection
chges in the amount Tor t-he period herein above provided
for the number of units assigned atinc time of conneotion and
if said subsequent igas increase iflcato. L sanitary sewage
e.mbnating from the property, the board of pubi -;.o wer1.7s m--,1 ,7 increase
number of. -on:!ts assigned to said property and connection
charges r",f ih ,-rpasPd number 01 on - -
duri shall be p-v,-bie the r-,u7::::.der of the period here:.
providedL
The s --;ty shli turn 0,,er to the bord of public
works all moneys collected by it on said connection charges d
' - : month. All amounts so to the county shal l, 1 by 1-11,n
due, if any, on the installment an.d intarPst
following January let but with no allowance for interest on such
prepaid amounts. Any excess amount shall 'be used first to build up
payment of suba eat installments and iaLerest in the event of
innerestrPh-T..2.:,..vd on the investment default on the 0 the city 4
of said reserve shall bee one a. tart of the reserve until it is
fully establid and thers:ft.0 shall be used to pay installments;
If at any time there shall be an surplus after the foregoing re-
quirements have been satisfied, then such surplus shall be used at
the direction or the city to purchase bonds to be Puni ,,ndP—ed in
whole or partial paylint of insto.liments as hareinbeforo pr ovided
or may be invstad in United States Tovernment securities. Any
incomo received as a result of such investment shall be added to
the principal,
sha llThu city 1, en fo rce promp t p ayment of all j-
service charges and connection fees as the same shall become:
The City agrees to the sys t em from the
county upon the foregoing terms and cctions and for the period
of this contract.
10. If the city shall fail to to the county as the
same shall become clo, any amount required to be paid under this
contract, than the county treasu.Ler, apan being so notified by the
board of public works shal:i such amount from any moneys from
time to time in: possession be to the City wich are not
pledged to the payment of debts or ar.: ntt earmarked for distribu-
tion to the city by the Michigan tonstit u cioru Provided, however,
that the county treasurer shall not witahold in any one year a sum
greater than 25% of the total amount owed the cor.ty by the city;
11. The provisions of this .sgreemPnt shall not be
modified or terminated so as to impair the security of any bonds
issued by the anticipation of amounts to became due from
12 Thls az-reement - eff ,-tive upon being
1--heboard of properly easerle
on f-h(--- date r)1.1 shell public works
cerrs been made by the
that this ,7=1 -,.—ct shall terminate in zny
7 to rmmts due
the c
TN tee
lend (IP:livered by their respective duly a ems
the city under contract It d',,c1,::,red that the
terms of this nsreement insofar as th ,-.1y pernin to the securLty of
any such bonds, shell be deemed to be for the benefit of the
holders of said
, approv e d by th cznIre hod -, fo, one city by OL . 2
, wovks 5T1JI tod of suprvisot -s
event forty years t.:::om ithe date .
authorized officers, all as of eay and year first above., written.
• By ItS
D.
Se cretary
CT n7 V7.777.77) NARZOR
py
uSunNraAanwaiip..cOmmoi..041,....
Cl .
RESOLVED FU77771, that the plans and specificatiors and
estimate of cost in the amount of $530,=0 and the estimate of the
period of usefulness of 40 years and upwards prepared by JobnTc-
Anderson, Inc., engineers, are hereby approved, accepted and
adopted and are to be identified by the signature of the County
Clerk and returned to the Board of Public works for filing, said
estimate of cost and period of usefulness being as follows:
RESOLVED FURTHER, that the Doard of Public 7ors be and
it is hereby authorized and directed to carry out on behalf of the
county the terms and provisions of said agreement as therein set
forth and to submit to this board such reports and documents as
are therein required, including, without limitation, a resolution
for the issuance of bonds to finance the said system.
Mr. Cyril Miller that the foregoing resolution be
It was moved by Mr. Thatcher seconded by
adopted. Upon roll call the vote was as follows:
Yeas:
Allerton, Alward, Bender, Bonner, Calhoun, Cardon, Carey, Charteris,
Cheyz, Clack, Clark, Croteau, Cummings, Davis, Dickens, J. W. Duncan,
R. Duncan, Elliott, Ewart, Fouts, Gillis, Goodspeed, Hall, Hamlin, Heacock,
Hildebrandt, Hill, Hoard, Hocking, Holmes, Horton, Hulet, Hursfall, Johnson,
Kephart, Lahti, Levinson, Lewis, McCartney, McGovern, McPherson, Melchert,
Menzies, Clarence Miller, Cyril Miller, Mitchell, O'Donoghue, Oldenburg,
011ar, Osgood, Quinlan, Ransom, Remer, Rhinevault, Schock, Sinclair,
F. Smith, Solley, Staman, Stevens, Swanson, Taylor, Thatcher, They,
Tinsman, \loll, Webber. (67)
Nays:
None. (0)