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HomeMy WebLinkAboutResolutions - 1965.10.04 - 19639October 4 , 1965 presented the Amendment to Agreement and Mr. Rehard Miscellaneous Resolution No 4487 Recommended by the Board of Public Work Re: Evergreen Sewage Disposal System, Southfield-Rouge Arm the revised plans and specifications and revised estimates referred to in the following resolution, a copy of which Amendment to Agree- ment has been sent to each member of the Board of Supervisors. Rehard The following resolution was offered t 22, 1964, did approve a form of Agreement to be e CI A 4 I I 1964, Resolution proposed. by Oakland County Board of Public Works with respect to Evergreen Sewage Disposal System - Southfield- Rouge Arm WHEREAS, the Board of Public Works has submitted to this Board revised construction plans and specifications for the Evergeeen Sewage Disposal System - Soutrield-Pouge Arm and revised estimates of cost and period of usefulness thereof, in the place and stead of the plans, specifications and estimates of cost heretofore approved and adopted by this Board of Supervisors on June 22, _L:c in Miscellaneous Resolution N. -.111 revised olans, specifica- tions and estimates have been prepared by Spalding, DeDecker Associates, registered professional engineers, and all of LLI1 have been approved by the Board of Public Works; and WHEREAS, this Oakland County Board of Supervisors on June between the County of Oakland, the City of Southfield and the Village of Bingham Farms for the extension of the Evergreen Sewage Disposal System to be known as the Southfield-Rouge Arm, and did authorize the Chairman and Secretary of the Board of Public Works to execute said Agreement and it is now necessary to amend said Agreement as set forth in the Amendment to Agreement dated as of January 15, 1965 between the same . parties, which Amendment to Agreement has been approved by the Oakland County Board of Public Works and execution thereof by the Chairman and Secretary of said Board of Public Works has been authorized subject to the approval of this Board of Supervisors; and WHEREAS, the above mentioned m!Aflicipalities constitute all of the parties needed to contract with the County in said Amendment for 100% of the cost of the project. NOW THEREFORE BE IT RESOLVED, that the said revised con- struction plans and specifications and revised estimates of cost and period of usefulness 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 the 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 Amendment to Agreement to be dated January 15, 1965, between the County of Oakland, the City of Southfield and the Village of Bingham Farms, which reads as follows AMENDMENT TO AGREEMENT - EVERGREEN SEWAGE DISPOSAL SYSTFn SOUTHFIELD-ROUGE ARM THIS AGREEMENT made as of this 15th day of January, 1965, by and between the COUNTY Or 0AaAND, a Michigan cc=ty corporation (hereinafter •called the "county''), by and through its Board of Public Works, party of the first part, and the CITY OF SOUTHFIELD and the VILLAGE OF BINGHAM FARMS, municipal corporations in the County of Oakland (hereinafter called the "municipalities"), parties of the second part. WITNESSETH: WHEREAS, under date of April 15, 1964, the County of Oakland and the .City of Southfield and Village of Bingham Farms entered into an Agreement providing for the construction by the county of an extension to the Evergreen Sewage Disposal System designated Southfield-Rouge Arm and for the payment of the entire cost thereof by the said city and village pursuant to said Agreement and Act No, 185 of the Michigan Public Acts of 1957, as amended, said Arm being described in said Agreement by reference to Exhibits and "B" thereto and the method of payment being set forth in Exhibit "C" thereto; and WHEREAS, subseQuent to the execution of said Agreement an action was instituted in the Circuit Court for the County of Oakland which blocked the financing of said project as so described which litigation has been settled and will be disposed of on the basis that the project will be changed as to location, which changes .A111 also change the estimate of cost of the project and the division of cost and method of payment of cost as between said city and village; and WHEREAS, the Department of Public Works (hereinafter some- times referred to as the "DPW") has prepared rvisions of the location of and of the estimate of cost for the said Arm, and a revised map showing the approximate route of said Arm as changed, which revised estimate of cost is attached hereto as Exhibit "A" and by this reference made a part hereof, and which revised map is attached hereto as Exhibit 'B" and by this reference made a part hereof; and WHEREAS, in order to carry out the settlement of said litigation it is necessary that this Amendment to Agreement be entered into by the parties hereto. THEREFORE, IT IS HEREBY AGREED BY An BETWEEN THE PARTIES HERETO, as followst 1. The revised location for the Southfield-Rouge Arm as prepared by the DPW is -,lereby approved and adopted and the revised estimate of cost thereof is approved and adopted in the amount of $2,060,000 as set forth on Exhibit ''A" dated September 8, 1965, here- to attached. The said relocated Arm shall consist of sewers located approximately as set forth and generally shuwn on Exhibit "B" dated January, 1955, hereto attached. 2. Paragraphs 4 and 5 of said Agreement of April 15, 1964, are hereby amended to read as foilows: . Each of said municipalities shall pay to the county, to cover the capital coat of the Southfield-Rouge Arm, a sum equal to that produced by applying the foll••wing percentages to the capital cost thereof, to-wit City of Southfield 97.27153% Village of Bingham Farms 2.728 1175 Total 100A.0000% The term "capital cost" as above used, shall include all Items of cost set forth in the revised Eibit "A" 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 further revision of Exhibit agreed to by the parties hereto, incurred by the county in acquiring and constructing the Arm. 5. The amount to be paid by each municipality shall be divided into 30 annual installments, numbered in direct order of their maturities. The aggregate amount of each installment as to each municipality and the division thereof between the municipalities are set forth in'a revised Exhibit "C" dated September 8, 1965, hereto attached and by this reference made a part hereof, Said installments shall be due in consecutive numerical order on the first day of April in each year, beginning with the year 1967, and all amounts thereof from time to time unpaid, shall bear interest from the date of the .Lonts to be issued by the county, at the rate of 6% per annum until paid, payable on April 1, 1966, and on the first day of April in each year thereafter. If the amount of interest due on April 1 of any year on unpaid installments, shall be collected by the county in excess of the amount of interest which the county shall be required to pay upon its said bonds prior to the next contract principal installment due date, then any such excess in the amount so paid after deducting the annual fees and expenses connected TLth the payment of said bonds, shall be credited pro rata to the municipalities in accordance with the several amounts of interest paid by them in such year, which credit shall be applied on the next interest becoming due, if any municipality shall fail to pay any installment or interest when the same becomes due, then the amount thereof shall be subject to a penalty, in addition to interest, of 1/2 of 1% for each month or fraction thereof that the same re- mains unpaid after the due date Each municipality may pay in advance of maturity all or any part of an annual installment by surrendering to the county bonds issued in anticipation of p•ymnts 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 date of surrender and any difference shall be paid in cash. Al? surrendered bonds and coupons shall be canceled. 3. This Amendment to Agreement shall become effective upon being approved by the legislative bodies of the municipalities and by the beard of public works and board of supervisdrs of Oakland County and properly executed by the officers of the municipalities and of the board of public works, As amended hereby the said Agree- ment of April 15, 1964 and the Base Agreement to which said Agreement refers shall continue and be :LI full force and effect. IN WITNESS WHEREOF, the parties hereto have caused. this By Chairman Secretary VILLACE OF BINGHAM FARMS CITY OF MUTHFIELD Village Clerk By By 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 By By Mayor President Treasurer f? TI.17 n 1 0 1 (=, 4,374 3M76 2. I 2 , ! 57:3 Zr;, 7 er S•wc-n7 739,760„00 14022 356, 00 00 61, 00 0 00 00 7S,OCiO.,00 13,7,18°98 30 nfl Sub-Total 15 me., 3. Coet 2,5,37 I 6, 71 65 S )26 $2,060 ,000„ 00 31,760,00 -..t.or.„.iong,,i of of this facility to ((,40) ye:'? a 24 SeptemixT8 Q 1965 SEWAGE D .F3PC3AL. SYSTEM SOUTHFIELD -ROUGE ARM ESTIMATE 07 COST $ 7O=00 61,21 00 .-7-- 17.-X3 30„ 00 2000 = 13„ 00 (g) '40,00 3.„0000.0 Consi:ruclion Cost 00 6"p4„ichng, DDccaDcjA ocfai , inc. ./9 13,. Spalng• 9% 22 LIUL1 C1-7"71 LJUJ LIU LAJ 'Tr 'in bb 'T 1 r npr p 77 r^^,!r", r•-n rnr r1(--r1 r-11---1 7v-'n - I • I \/ Ji I I \ ETI F RAN KL IN „N 7 1 c•,,,,1 I I r6-11 11) 1 \I z r L FT-1En S) 1 h \ L ,-7-7-71_ Zz_f •"" ,o,) 7 \\\ ( V-7=,_,[7(77 /T71 L 27 „ I /I flfl r 1 't 't-= - F--7 LJ 7- -1 1 1 7, ,, / .E,'. : 2.,-....„.'''''' H Pit t4 T M E, r OF L, •)/c WORKS '.:OUNTY OF OAKLAND 550 SO. TELEGRAPH --ONTIAC, MICHIGAN SOUTHF/ELD ROUGE JANUARY 1965 5 6 „ 48 35 r, 1 0 10 • 10 a a a It e'4 tE „ 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. Mr. Rehard moved the adoption of the foregoing resolution., The motion was .supported by Mr. Menzies . On roll call the resolution was adopted by the following vote: Yeas: Allerton, Alward, Bachert, Beecher, Brickner, Carey, Case, Charteris, Cheyz, .Clarkson, Demute, Dewan, Dohany, Duncan, Durbin, Edward, Fouts, Frid, Frye, Goodspeed, Grisdale„ Hagstrom, Hall, Hamlin, Heacock, Horton, Hudson, Huhn, Hursfall, Ingraham, Johnston, Kennedy, Kephart, Knowles, Lahti, Laurie, Lessiter, Levinson; Linley, Maier, Mainland, Mastin, MeAvoy, McKinlay, Melchert, Menzies, Mercer, Miller, Mitchell, Nelson, 0/Donoghue, Oldenburg, Osgood, Patnales, Peterson, Potter, Powers, Rehard, Rhinevault, Rowston, Seeterlin, Simson, Slavens, H, Smith, W. Smith, Solberg, Tapp, Terry, Tiley, Tinsman, Travis, Turner, Valentine, Veil, Walker, Webber, Wilcox, Woods, Yockey. (79) - Nays; None. (0) Absent: Casey, Cohen, Forbes, Houghten, Macdonald, Mills, Remer, (7)