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HomeMy WebLinkAboutResolutions - 1964.10.26 - 19538At a regular meeting of the Board of Supervisors of Oakland County held in the Supervisors Auditorium in the County Building in the City of Pontiac, Michigan, on , the day of Eastern Standard Time. , 1964, at 10:00 o'clock A.M., PRESENT: ABSENT: Remgr, Yockey. (21) presented the Agreement, the plans Mr. Rehard 4379 Miscellaneous Resolution No. Recommended by the Board of Public Works Re FARMINGTON SEWAGE DISPOSAL SYSTEM•TARABUSI INDUSTRIAL ARM-EXTENSION NO I. and specifications and the estimate of costs referred to in the following resolution, a copy of which resolution has been sent to each member of the Board of Supervisors. Rehard The following resolution was offered by Mr. WHEREAS, the Oakland County Board of Public Works, on October 19 , 1964, did approve a form of Agreement to be dated October 1, 1964, between the County of Oakland and the Township of Farmington for the extension of the Tarabusi Industrial Arm of the Farmington Sewage Disposal System to be known as Extension No, 1, 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 above mentioned township constitutes the only party needed to contract with the county for 1007 of the cost of the project; and WHEREAS, the said agreement has been executed by the said township; and WHEREAS, the Board of Public Works has submitted to this Board construction plans and specifications for the Farmington Sewage Disposal System-Tarabusi Industrial Arm-Extension No. 1 and estimates of cost and period of usefulness thereof, all of which have been approved by the Board of Public Works, 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 agreement to be dated October 1, 1964, between the County of Oakland and the Township of Farmington, which reads as follows AGREEMENT FARMINGTON SEWAGE DISPOSAL SYSTEM- TARABUSI INDUSTRIAL ARM EXTENSION NO 1 This Agreement made as of this 1st day of October, 1964, 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 FARMINGTON, a Michigan to -wnship corporation in the County of Oakland, Michigan (hereinafter called the "tuwnship"), party of the second part. WITNESSETW WHEREAS, the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted August 12, 1957, as amended by resolution, Misc. No 3339, adopted January 24, 1958, did approve the establishment of the Farmington Sewage Disposal System (herein called the "System") to serve the Farmington Sewage Disposal District (herein called the "District") within which District lies all of the area of the Township of Farmington and other areas; 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 Townships of West Bloomfield and Farmington, municipal corporations in said County of Oakland, the said county acting thru its Department of Public Works, did acquire the original Farmington Sewage Disposal System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the county in accor- dance with the provisions of said agreement, as amended (herein referred to as the "Base Agreement"); and WHEREAS, Act No. 185 of the Michigan Public Acts of 1957, as amended, (herein referred to as "Act No. 183") grants to the board of public works in any county have a Department of Public Works the power to extend any system acquired pursuant thereto; and WHEREAS, said board of public works did extend said System in said Township of Farmington by the construction of certain sewers and related facilities (hereinafter sometimes re- ferred to as "Tarabusi Industrial Arm") under the provisions of said Act No. 185 and pursuaat to an Agreement dated as of November 1, 1962, as amended by Amendment No. I dated as of February 29, 1964, between said county and said township and did finance such Tarabusi Industrial Arm by Federal grant and by the agreement of the township to make payments to the county in annual installments aggregating the cost (Less the amount of Federal grant) of sad farabusi Industrial Arm, with interest, in anticipation of which payments the county did issue bonds pursuant to said Act (said Agreement and Amendment No. 1 being herein re- ferred to as the "Arm Agreement"); and WHEREAS, it is now necessary to extend said Tarabusi Industrial Arm by the construction of certain sewers and related facilities (hereinafter sometimes referred to as "Extension No. 1" or as the "project") under the provisions of said Act No. 185 and to finance such Extension No. 1 by the payments to the county by the township of annual installments aggregating the cost of said project, with interest, in anticipation of which payments the county will issue bonds pursuant to said Act; and WHEREAS, no other municipality in the Farmington Sewage Disposal District will be affected by the construction of said Extension No. 1 at this time; and WHEREAS, in order to acquire said Extension No. 1 and issue such bonds, it is necessary for the county and the said township, parties hereto, to enter into this agreement; and WHEREAS, the Oakland County Department of Public Works (hereinafter sometimes referred to as the "DPW") has obtained plans, specifications and an estimate of cost for the construc- tion of said Extension No. 1, prepared by Pate, Him n and Bogue, Inc., registered professional engineers, and a plan of the approximate route and service area of said Extension No. 1, which is attached hereto as Exhibit "A" and by this reference made a part of this agreement. THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows: -3 1. The plans and specifications for the Extension No. 1 as prepared by Pate, Him n and Bogue, Inc., registered professional engineers, are hereby approved and adopted in the form initialed by the parties hereto under the date hereof, and the estimate of cost thereof is approved and adopted in the amount of $61,000 as set forth on Exhibit "B" hereto attached. The said Arm shall consist of sewers located approximately as set forth and generally shown on Exhibit "A" hereto attached. The said plans and specifications and estimate of cost shall be submitted to the county board of supervisors, together with an ordinance or resolution approved by the Oakland County Boardof Public Works, providing for the issuance of bonds by the county as hereinafter provided, in an aggregate principal 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 super- visors, 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 reasonable time thereafter_ 2. said Extension No 1 is designed for, and shall be used for, the collection and transportation of sanitary sewage only. Said project may be divided into sections by the DPW for purposes of construction and the letting of construction contracts. 3. Said project being an extension of that part of the Farmington Sewage Disposal System and of the Tarabusi Industrial =4- Arm heretofore constructed and being a part of the ultimate county system to serve the Farmington Sewage Disposal District, as enlarged, the provisions of paragraphs 3 thru 5 and 11 thru 18 of the Base Agreement and the provisions of the Arm Agreement shall continue in full force and effect notwithstanding this agreement. No areas not in the township shall be served by or connected to said Extension No. 1 except by agreement of the parties hereto in writing. The coun'Ty or the township shall not permit the dis- charge into said Extension No. I of any sewage in violation of the Base Agreement. 4. The township shall pay to the county, to cover the capital cost of Extension No. 1, a sum equal to the capital cost thereof less the amount of any moneys which may be received by either party hereto to be applied to the capital cost of the Arm. The term "capital cost" as above used, shall include all items of cost set forth in 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 project, 5. The amount to be paid by the township shall be divided into 13 annual installments, numbered in direct order of their maturities. The amount of each installment is set forth in Exhibit "C" hereto attached and by this reference made a part hereof Said installments shall be due in consecutive numerical -5- annum until , payable on April 1, 1965, and on the first day ic order on the first day of -April in each year, beginning, with the year 1966, and all amounts thereof from time to time unpa.i,d, shall bear icto;7-est from October 1, 1964, at the rate of 6% per of April in each 7 ,,,ar thereafter, If the amount of interest due on April 1 of any year on 'unpaid installments, shall be tollected by the county in excesS of the amount of interns: which the county shall be required to pay upon its said bonds prior to the next contract principal installt due date, thn. any such es in the amounts: paid after deductin2. the c.ruo I fes and expenses connected with the paymenL of said bonds, shall he credited pro rata to the nship in accur6anc:e with the set4eral. amount.s of interest paid by it in such year which. credit 9hall be applied on the next interest becoming due. 'If the township shall fail to pay any installment or interest when the same becomes due, then the amount threof shall be subject to a penalty, in addition to interest, of 1/2 of 11 for each month or fraction thereof that the same .emains =1";,id after the icc date. The township nay pay in advance of maturity all or any part of an -annual installment 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 Accrued interest upon the amount so paid upon any installment, and accrued interest upon the bonds surrendered, shall be adjusted to the data of surrender and any differee shall be paid in cash_ All surrendered bonds and coupon:; be canceled. -6- 6. The installments set forth in Exhibit "C" are computed upon the estimated cost without allowance for any other funds available because the actual cost and the amount of any such funds have not been determined. If a surplus of bond proceeds results because the actual cost is less than the estimated cost, or be- cause of other funds, then such surplus shall be used co purchase bonds on the open market, and in such event the installment from the township in the year or in each of the years in which the bonds so purchased mature, shall be reduced by the principal amount of such bonds and the township shall be cIedited accordingly. Any bonds so purchased shall be canceled. In addition, the install- ments from the township shall be credited proportionately in each year to the extent of the aggregate actual cost which is defrayed by other funds. When the adjustments described herein, if any occur, are finally made a new schedule in the form of Exhibit "C" hereto shall be prepared.. The estimated cost above referred to shall be that set forth in Exhibit "B" hereto or as revised prior to the issuance of bonds. IF the actual cost shall be greater than the estimated cost, then the additional amount shall be charged to the township and the several then remaining installments shall be increased accordingly. 7. The township does hereby pledge its full faith and credit for the prompt: payment of the aforesaid obligations and shall each year levy a tax in an amount which taking into con- sideration estimated delinquencies in tax collections, will be sufficient for the prompt payment of any amount falling due -7- before the time of the following year's tax collection, unless at the time of making such annual levy there shall be cash on hand (as provided for in paragraph (2), Section 12, of Act No 185, Public Acts of 1957, as amended) earmarked for the payment of the current obligations for which the tax levy is to be made, in which case the annual tax levy may be reduced by that amount. Funds for which credit may be so taken, shall be raised by one or more of the methods set forth in paragraph (2), Section 12 of said Act 185, Public Acts of 1957, as now existing or hereafter amended, primarily by the exaction of connection charges or by the levy of a tax pursuant to the increase in millage authorized by the electors in the township on August 7, 1.962. 8. The county shall issue its negotiable bonds to defray the capital cost of said Extension No 1, which bonds shall be secured by the full faith and credit pledges of the township under this agreement, as provided for in Section 11 of said Act 185, Public Acts of 1957, as amended. Said bonds shall be issued pursuant to the provisions of said Act and the applicable general statutes of the state where not in conflict with said Act. 9. The provisions of this agreement shall not be modified or terminated so as to impair the security of any bonds issued by the county upon the full faith and credit pledges of the township or the cou-iry, It is hereby declared that the terms of this agreement insofar as they pertain to the security of any s--11 bonds, shall he deemed to be for the benefit of the holders of said bonds. -8- 10. The Township of Farmington consents to the use by the county of the public streets, alleys, lands and rights-of-way in the township for the purpose of constructing, operating and maintaining the said Extension No. 1 and of any improvements, enlargements and extensions thereto. The township reaffirms its covenant and warrant thac- all sanitary sewage originating in its limits shall be delivered only to the Farmington Sewage Disposal System, including extensions thereto, For transportation therein and ultimate disposal Lands (other than highways) owned by or under the jurisdiction of the township or the county, located within the Farmington Sewage Disposal District, shall be liable, if sanitary sewage emanates ther e from, to the same extent as privately owned lands, to pay the charges for sewage disposal services with respect thereto. 11. This 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 County and properly executed by the officers of the township and of the board of public works, This contract shall terminate when the Base Agreement and Arm Agreement terminate. TN WITNESS WHEREOF, the parties hereto have caused this agreement to be .executed and delivered by their respective . duly authorized offie .:c:s, all as of the day and year first above written_ -9- COUNTY OF OAKLAND BY ITS BOARD OF PUBLIC WORKS By Chairman By Secretary TOWNSHIP OF FARMINGTON By Supervisor By Township Clerk "'ea _ ICARATINGrON SA-WAGE DISPOSAL sysrem ,t-Er law man =. Ar MA/6 7nimelv51 /Ws,. 4..eAg TA ft BUSI INDUSTRIAL. ARAI PRofregJe 41, TA .z.go /NA A Ari'm rEP/3.10^1 Z;e:x7,- • exrztvziotv tv.e I Ail', "ASV ge2ref,./ H.f, 42-ozez--ert.z::. 417. •kf.,2? CP) , Cx<1 ,00 .1, e...v-,•;, o't'A En) .c.:.;) 4:: • • C.11, c=„:3 0 a a TV ,a'syea s i ee a I e 4- 0 0 a a vta!n Unvf V 4 SY a I' a ea •zn :20 ,,z•J. 0"). OAKLAND COUNTY, MICHIGAN FARMINGTON SEWAGE DISPOSAL SYSTEM TARAEUSI INDUSTRIAL ARM EXTENSION NO INSTALLMENT PAYMENT SCHEDULE Payment Due Year April 1 1965 -0- 1.966 $ 1,000 1967 5,000 1.968 5,000 1969 5,000 1970 5,000 1971 5,000 1972 5,000 1973 5,000 1974 5,000 1975 5,000 1976 5,000 1977 5,000 1978 5,000 EXHIBIT "C" 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. BE IT FURTHER RESOLVED, that the said construction plans and specifications and estimates of cost and period of usefulness be approved and the County Clerk is hereby authorized to endorse on said plans and specifications the fact of such approval and return same to the Board of Public Works, Mr. Rehard going resolution moved the adoption of the fore Wrobel The motion was supported by Mr. On roll call the resolution was adopted by the follow - ing vote? Yeas: Alward, Bachert, Brewer, Campbell, James Carey, John Carey, Case, Charteris, Cheyz, Davids, Demute, Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Ewart, Fouts, Goodspeed, Grisdale, Hall, Hamlin, Heacock, Horton, Hudson, Hursfall, Ingraham, Julian, Kennedy, Knowles, Lahti, Laurie, Levin, Levinson, Mainland, Marshall, McAvoy, McGovern, Melchert, Menzies, Mercer, Michrina, Mitchell, 0/Donoghue, Oldenburg, Osgood, Patnales, Potter, Potthoff, Powers, Rehard, Rhinevault, Seeterlin, Simson, Slavens, Smith, Tapp, Terry, They, Tinsman, Vol]., Webber, Wrobel. (64) Nays None. (0) Absent; Allerton, Bloc, Brickner, Clarkson, Dewan, Forbes, Hagstrom, Kephart, Lessiter, Linley, Maier,Miller, Moore, Perinoff, Remer, Solley, Stephenson, Travis, Turner, Woods, Yockey. (21)