HomeMy WebLinkAboutResolutions - 1966.02.08 - 19703Ar-
d
At a regular meeting of the Board of Supervisors of Oakland County held
In the Supervieors Auditorium in the County Service Area in the City of Pontiac,
Michigan, on Tuesday the 8th day of Fe.brUary, 1966, at 9:30 o'clock
A. M. , Eastern Standard Time.
PRESENT: Allerton, Alward, Bachert, Beecher, Brewer, Carey, Case, Charteris,
Cheyz, Demute, Dewan, Dohany, Duncan, Edward, Forbes, Fouts, Frid, Gabler,
Goodspeed, Grisdale, Hagstrom, Hamlin, Heacock, Horton, Houghten, Huhn,
Johnston, Kennedy, Kephart, Lahti, Laurie, lessiter, Linley, Macdonald,
Maier, Mainland, Mastin, McAvoy, Melchert, Mercer,Mills, Mitchell, Nelson,
O'Donoghue, Oldenburg, Olson, P atnale s , Peterson,Pouers, Renard, Remer,
Rhinevault, Rowston, Simson, Slavens, H. Smith, W. Smith, Strong, Tapp,
They, Tinsman, Travis, Turner,. Valentine, Voll, Walker, Wilcox, Woods. (68)
ABSENT: Brickner, Clarkson, Cohen, Durbin, Frye, Hall,-Hudson, Hursfall,
Ingraham, Knowles, Levinson, Menzies, Miller, Potter, Solberg, Terry,
Webber, Yockey. (10
-
At a regular meeting of the Board of Supervisors of Oakland County held
in the Supervisors Auditorium in the County Service Area in the City of Pontiac.
Michigan, on the day of February, 1966, at 9:30 &clock
A. M, Eastern Standard Time
PRESENT:
ABSENT:
4538
Recommended by Board of Public Works
Re: KEEGO HARBOR WATER SUPPLY SYSTEM
Submitted by Mr. Rehard
Mr. Chairman, Ladies and Gentlemen
offer the following resolution, which was approved and
recommended by the Board of Public W.:)r
to the construction, operation and firanc:i f said System; and
the Keego Harbor Water Supply tern and did authorize the Chairman
Resolution proposed by C'.4&land
County Board of Public Workb
with respect to Keego Harbor
Water Suaaly System
WHEREAS, the Oakland County Board of Supervisors by resolu-
tion, Miscellaneous No, 4365 adopted on October 5, 1964, established
the Keego Harbor Water Supply Systm to serve the entire area in the
City of Keego Harbor and directed the Oakland County Board of Public
Works to submit a contract with the City of Keego Harbor in respect
WHEREAS, the Board of Public Works has submitted to this
Board plans and specifications for the Keego Harbor Water Supply
System, an estimate of cost and an estimate of the period of useful-
ness thereof, prepared by Spalding, DeDecker & Associates, Inc,,
registered professional engineers, all of which have been approved
by the Board of Public Works; and
WHEREAS, the Oakland County Doard of Public Works on
, 1965, did approve a form of Contract to be dated
as of December 1, 1965, between the County of Oakland and the City
of Keego Harbor for the construction, operation dnd financing of
and Secretary of the Board of Public Works to execute said Contract
subject to the approval of this Board of Supervisors; and
WHEREAS, the City of Keego Harbor constitutes the only
party needed to contract with the County for 100% of the cost of
the project;
NOW, THEREFORE BE IT RESOLVED, that the said plans and
specifications, estimate of cost and estimate of period of useful-
mess be approved and the County Clerk 15 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,
a Contract to be dated as of December 1, 1965, between the County
of Oakland and the City of Keego Harbor, which reads as follows:
HTTN S E
the heego Harbor Supply System (herein calld
KEEGO HARM 7 SUPPLY SYSTEM CONTRACT
THIS CONTRACT, made and entered into this 1st day of
December, 1965, by and between the COUNTY Or OAKLAND, a TUJ_:higan
county corporation (hereinafter referred to as the "County), acting
by and through Its Department of Public Works, party - of the frt
part, and the CITY 07 KZZGO HARBOR, being a city corporation located
in the County of Oakland, Michia (hereinafter referred to as the
ality h ), party of the secocd part;
WHEREAS, it is immediately necessary and inp o ra o.ivc for
the public health and welfare of present and fu.tur
of the above Municipality that adEate and proper wP...t7 pply
facilities be acquired and constructed to serve the 2_11t,ira aiwu
thereof; and
WHEREAS, the Co -„In4, under the provisions of A ,:b 185,
Public Acts of Michigan, IS7, as amended, has .established a -g3part-
ment of Public Works for the administration of the poers cionfe_72cd
upon the County by said Act, which Department is uode: thu 17:77ediate
control of a Board of i'!:a011.. Works (hereinafter sc ,,Itimes referred
to as the ''Board"), and under the general control of th,?, of
Supervisors of the County of Oakland; and
WHEREAS, the County of Oakland, by Board of Spervfions
Resolution Misc No, 4365, adopted October 5, 1964, sac:fcliiLihed
which Sesi is to consist of transmission mains, distribution lines
ard -elated fllities and a contract to purchase water fJr,om
City of Detroic to be acquired to supply water in the ::.LmicipLity;
and
WiEFCAS, said act authorT:zes the County to acquire water
supply systems as defined in said act and to improve, enlarge,
extend and operate such syste and
WHEREAS, by the terms of said: the County and the
Municipality are authorized to enter into a contract for the
acquisition, improvement, enlargement or extension of a water supply
system and for the payment of the cost thereof by the Municipality,
with interest, over a per17,j not excee d ing forty (40) years, and
the County is then authorized, •rzuant to appropriate action of its
Both of Supervisors, to issue its bonds to provide the funds there-
for, secured by the full faith and credit contractual obligations
of the Municipality and if the bond. resolution so provides, by the
full faith and credit of the County; and
WHEREAS, said act provides, in the opinion of the Munici-
pality and the Couty, the fairest and most equitable means of
acquiring the water supply facilities so vitally ne•essary for the
public; health and t4elfare of the residents of the founty within the
district to be served, at the c-sT, reasonable cost; and
WHEBI::A=.;, the Onty, through the Board, has caused
preliminary plans and an estimate of cost of the System to consist
of water supply facilities necessary to adequately serve the
Municipality to be prepared by Spalding, DeDecker & Associates, Inc.
consulting engineers of Birmingham, Michigan (hereinafter sometimes
referred to as the ''Consulting Engineers"), which said estimate of
cost is In the sum of Seven Hundred Forty-Five Thousand Dollars
($745,000) and
, THEREFORE, in consideration of premises and the
ment of the em in City and County of Oakland,
amended, which is 1).ire, transport and deliver City of Detroit
water to the area to be served thereby, whinf.i area 11 consist of
the entire Keego Harbor, and which area 1..s on a map ty C
3. The County and the ipality hereby approve the
WV777 in order to issue such bonds, it is necessary
that treCenty and sal enter into this Contract;
and
T.E.F.LAS, it is also necessary for the County and said
:uhicipality to contract relative to the operation and maintenance
of said water supply system and the location thereof entirely with-
in the limits of said city;
covenants of eabh other, the parti e.rete aree s follows
1. The County and the Munielpalitv approve the establish-
under the provisions of Act 165, Public Aets of Michigan, 1957, as
hereto aL:ac ..3d marked Exhibit 'A' and made a part hereof and is
hereby designated as the KEEGO HARBOR WATER SUPPLY DISTRICT (herein
afte ,,,mtimes referred to as the "Di .f,trict").
2. The water supply system referred to in paragraph 1
above has been designated by the County Board of Supervisors as the
KEEGO HARBOR WTER SUPPLY SY= and shall consist of mains, lateral -
and related failities to he 1047ated substantially as indicated on
Exhibit he attached hereto.
estimate of $745,000 as the cost of sal .d water supply facilities
which estimate shall consist of the set forth in Exhibit 'B"
attated !,ereto and by this reference r,),de a part hci and the
estimate of 50 years and upwards as the period of usefulness thereof
all as prepared by the Consulting Engineers. Said water supply
facilities are hereinafter sometimes referred to as the project n ,
4. After the execution of this Contract by the County
and the Municipality, the 3oard shall take the following steps:
(a) Order final plans and specifications for the
project from the Consulting Engineers
(b) Submit to the Board of Supervisors of Oakland
County a resolution, duly approved and recommended
by the Board, providing for the issuance of bonds
in one or more series in the aggregate principal
amount of $745,000 (being the present estimated
cost of the project) or such different amount
reflecting any revision in the estimate of cost,
or reflecting the amount of other funds available
to pay the cost of the project, maturing serially
as authorized by law, over a period of approxi-
mately thirty (0) years, which bonds will be
secured primarily by the payments hereinafter
provided to be made by the Municipality, to the
making of which its full faith and credit is
hereby pledged, and secondarily, if approved by
a three-fifth (3/5th.) majority of the members elect
of the Board of Supervisors, by the full faith and
credit of the County of Oakland.
(c) After the Board of Supervisors of Oakland County
has adopted the bond resolution, the Board will
is 1:1derstood and agreed by parties hereto that 5.
take all hecsary procedures to obtain the appro-
vals necessary to the issuance of the bonds by the
Municipal Finance Commission of the State of Mic.17.,
obtain construction bide for the project and enter
into construction contracts with the lowest respon-
sible bidders, and sell and deliver the bonds in the
manner authorized by law,
(d) After the issuance of said bonds and . the execution
of construction contracts, the b e b all cause
the prAect to be c o nstructed within a roe:
time and do all otnn things required of it under
the provisions of Act 185 of Acts of
Michigan, 1957, as amended.
the System is to serve the Municipality - and not the individual pro-
perty ownrs and users thereof, unless by special arrangemert bet ween
the Board and the Municipality, The responsibility of requL:.,
connection to and use of the water supply mains and laterals of the
System and of providing such additional mains and laterals, as needed,
shall be that of the Municipality which shall cause to be constructed
and maintained directly or through the County, the necessary faeili-
ties for supply and delivery of City of Detroit water in the City
The County L•111 not be obligated by this agreement to serve any
areas outside the district described In paragraph i hereof, or to
construct any facilities other than those designated in paragraph
2 hereof.
rae Municipality shall pay to the County the entire or
any part of the .;..ist of the facilities of the System financed by the
population equivalent for water supply capaci C the property in 4,7
issuance by the County of its bonds as herein provided. The term
cost" as US.Sd herein shall be construed to include all items of
cost of the type set forth in Exhibit n ir attached hereto and any
other items of cost of a similar nature as may be set forth In
revision. of Exhibit 'T" agreed to by the parties hereto,
No -change in the jurisdiction over any territory in the
Municipality shall in any manner impair the obligations of this
contract based upon the full faith and credit of the Municipality,
In event all or any part of the territory of the Municipality which
is in the area served by the System is incorporated as a new city or
is annexed to or consolidated with or becomes a part of the territory
of another municipality, the municipality into which such territory
is incorporated or to which such territory is annexed, shall assume
the proper proportionate share of the contractual obligation and
right to capacity- in the System of the Municipality, from which such
territory is taken, based upon a division in the same ratio as the
the territory so annexed or incorporated bears to the population
equivalent of the property for water supply capacity in the remaining
portion of the Municipality from which said territory is ta],.en
7. Attached hereto as Exhibit C , and by this reference
made a part hereof, is a schedule of the annual principal and
interest payments to be made to the County by the Municipality com-
puted at an assumed Interest rate of It% per annum on the estimate of
cost of the project Immediately upon the issuance of any bonds by
the County to finance the cost of the project, the Board shall notlfy
the Municipality, by written communication addressed to its treasurer,
of the schedule of actual payments of the principal of and interest
on the bonds and the paying agent fees and bond handling charges
(exclusive of capitalized interest) thereon, and the total amount
of each annual payment to be made by said Municipality. Said Munici-
pality hereby covenants and agrees, not less than thirty (30) days
prior to the due date of any principal of or interest and fees and
charges (exclusive of capitalized interest) on any such bonds, to
remit to the Board sufficient funds to meet said payments in full.
The obligation herein expressed shall be applicable to all bonds
issued by the County to Construct and complete the project, as
herein defined,, whether issued at one time or at more than one time.
It is assumed that the nrincibal of the bonds represents the cost of
the project. If funds are available from the Municipality or ,ar,
other source to pay the project cost, or any portion thereof, prior
to the issuance of bonds, them its obligation shall be adjusted and
limited accordingly. If the Municipality shall fail to make any of
such payments when due, the amount thereof shall be s':Lct to a
penalty in addition to interest of one-half of one percent (1/2 of
1%) for each month or fraction thereof that the same re:ma::.ns unpaid
after the due date. The Municipality may pay in advance of maturity
all or any part of an annual installment due the County, by surrender-
ing 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.
The Municipality may also prepay its obligation to the County for any
year with respect to which bonds of the County are callable, at a
time when such bonds are callable, by paying principal, interest
and call premium required to call the bonds on the next available
call date.
8. In the event that the Municipality shall fail for any
reason to pay to the Board at the times specified, the amounts herein
required to be paid, the Board shall immediately notify, in writing,
both the County Treasurer of the County of Oakland and the governing
body of the Municipality of such default and the amount thereof, and
if such default Is not corrected within ten (10) days after such
notification, the County Treasurer or other county official charged
with disbursement such Municipality of funds derived from the state
sales tax levy under the provisions of Act 167, Public Acts of
Michigan, 1933, as amended, and returnable to such Municipality pur-
suant to the Michigan Constitution, is by these presents specifically
authorized by the Municipality to withhold • sufficient funds derived
from such sales tax levy and returnable to the unic±paiity as may
be needed to correct such default, and to pay said sums so withheld
to the Board to apply on the obligation of the defaulting Municipality
as herein set forth. Any such moneys so withheld and .paid shall be
considered to have been returned to the Municipality within the mean-
ing of the Michigan Constitution, the purpose of this provision being
solely to voluntarily authorize the use of such funds to meet past
due obligations of the Municipality to which said moneys are owed.
In addition to the foregoing, the Board shall have all other rights
and remedies provided by law to enforce the obligation of the Munioi-
pality to make payments in the manner and at the times required by
this Contract. It is specifically recognized by the Municipality that
the payments required to be made by it pursuant to the terms of this
Contract are to be pledged for the payment of the principal of and
interest on bonds to be issued by the County, and the Municipality
covenants and agrees that it will make its required payments to the
Board promptly and at the times herein specified, without regard as
to whether the project herein contemplated is actually completed
or placed in operation; provided, only that nothing hereio contained
shall limit the obligation of the Qerf,:.?r:n in accordance
with the promises and covenants contained herein,
9 A fi let -ion of the ct and i .rcent of all
costs thereof, any surplus remaining from the sale of the bonds
therefor shall be used to call such bonds as are callable or to
purchase bonds on the open market and in such event the contractual
obligation of the Municipality in respect to the project shall be
reduced by the principal aneu,:: of bonds so called or purchased,
said reduction to be applied as to year, in accordance with the
year of the maturity of the bonds so called or purchased, Any bonds
so called or purchased shall be cancelled. In the alternative, said
surplus may be used at the request of the Municipality and upon
approval by the Board of Supervisors, to improve, enlarge, or extend
the System in the Municipality,
10, If the proceeds of the sale of the original bonds to
be issued by the County for the project are for any reason insuffi-
cient to complete the project in accordance with the plans and
specifications therefor, the Board shall, if necessary, subiLlt to
the Board of Supervisors of land County a resolution providing
for the issuance of additional bonds in an amount necessary to pro-
vide funds to complete the project in which event the duties and
obligations of the Board and the Municipality as expressed and set
forth in this. Contract shall be applicable to such additional issue
of bonds as well as the original issue, it being at all times fully
recognized and agreed that the payments to be made by the Municipality,
In the manner specified in paragraph 7 of this ::irTh•ract, shall be
based non the aggregate amount of the bonds outstanding In lieu of
the issuance of such additional bonds, any other method may be agreed
upon by the County and the Municipality to rovide the necessary
funds to complete the project,
-9-
g
IL The Municipality, pursuant to the authorization of
paragraph (2), Section 12 of Act 185, Public, Acts of Mchigan,
as amended, does hereby pledge its full faith and credit for the
prompt and timely payment of its obligations expressed in this
Contract and shall each year, commencing with the year 1967, levy
a tax in an amount which, taking into consideration estimated delin-
quencies in tax collections, will be sufficient to pay its obliga-
tions under this Contract becoming due before the time of the fol-
lowing year's tax collections; PROVIDED, HOWEVER, that if at the
time of making such annual tax levy there shall be other funds on
hand earmarked and set aside for the payment of such contractual
obligations falling due prior to next tax collection period,
then the annual tax levy may be reduced by such amount. Such other
funds may be raised in the manner provided in said paragraph (2),
Section 12 of Act 185, Public Acts of Michigan, 1957, or any amend-
ments thereto.
12. This Contract is contingent upon the County issuing-
its negotiable bonds as set forth in subdivision (b) of paragraph 4
of this Contract, to defray the estimated cost of the project, which
bonds shall be issued under the authorization provided in paragraph
(I), subparagraph (b), Section 11 of said Act 185, Publ'c Acts of
Michigan, 1957, as amended,
13. The Municipality consents to the estatlisnment and
location of said System entirely within its corporate limits. Ur2C7
completion of said System rne County hereby leases the said System
to the Municipality during the term of this Contract, upon the follow-
ing terms and conditions:
(h) The ..rnic;Dallty, at its c nse, shall maln-
The lic i
(a) The System shall be used and operated by the
Municipality in compliance with the contractual
and legal obligations applicable to the
Municipality.
(e)
tain 6-a:_d System in good condition and repair, to
the sat1sis of the of Public works
The Bo ard of Public Works shall have the right to
inspect the said System at any time and if said
Sysmc any part thereof is not in a state of
good and repair, then the Board of Fubli
Work>,-; shall notify Auncipality in writing as
to any deficiency. ality shall fail
to restore the System to a god condition and
within a reastie time thereafter then
the Board of Public shall have the right to
the necessary work and furnish the necessary
materials, and rellement for an7 expense incurred
by the County shall he made by th.e, .;:nicipality to the
County within thirty (3C) days after the expens
been incurred,
ality shall adopt and continue in
existence and shall enforce an ordinance or
ordinances concerning the connections of premises
in the M.niclal1ty to the System and concerning
Pe
the use of and the y.). arge for the use
the System.
(d) The Municipality shall make and collect from the
individual users of the System such charges for
water supply service as shall be sufficient to pay
the cost of the operation and maintenance of the
System, the cost of purchasing water from the City
of Detroit and to establish suitable reserves for
operating and maintaining the System. Such charges
may also include an amount determined by the Munici-
pality to be used to meet the obligations of the
Municipality to the County under this Contract.
The Municipality shall enforce prompt payment of
all such charges as the same shall become due.
The Municipality agrees to lease the System from the County
upon the foregoing terms and conditions and for the period of this
Contract and agrees to pay the sum of $1,00 per year on January let
of each year commencing January 1, 1967, and in addition to perform
its covenants and agreements set forth in this Contract as a rental
for said System.
l4 The County and the Municipality each recognize that
the holders from time to time of the bonds issued by the County under
the provisions of said Act 185, Public Acts of Michigan, 1957, as
amended, and secured by the full faith and credit pledge of the
municipality to the making of its payments as set forth in this Con-
tract, will have contractual rights in this Contract and it is
therefore covenanted and agreed by each of them that so , long as any
of said bonds shall remain outstanding and unpaid, the provisions
of this Contract shall not be subject to any alteration or revision
which would in any manner affect either the security of the bonds
noon. The Munici- or the prompt payment of principal or interest
pality and the County further covenant and agree that they will each
comply with their respective duties and obligations under the terms
of this Contract promptly, at the times and in the manner herein
set forth, and will not suffer to be done any act which would in any
way impair the said bonds, the security therefor, or the prompt pay-
ment of principal and interest thereon. It is hereby declared that
the terms of this Contract in 2 -2 far as they pertain to the security
of any such bonds, shall be deemed to be for the benefit of the
holders of said bonds.
15. This Contract shall become re upon approval
by the legislative body of the Municipality, by the Board of Public
Works of Oakland County, and by the Board of Supervisors of Oakland
County, and duly executed by the autherized.officers of the
Municipality and of the Board of Public Works. It sb911 terminate
fifty (50) years from the data of this Contract, or en such earlier
date when the Municipality is not in default thereunder and the
principal, interest and bond handling . charges on the bonds Issued
as hereinabove described are fully paid and discharged. This Con-
tract may be executed in several counterparts.
The provisions of this Contract shall be in full force
and effect and binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOR, the parties hereto have caused this
contract to be executed and delivered by their respective duly
authorized officers, all as of the day and year first above written.
C=iTZ JF OAKLAND
By Its Board of Public Works
By
Chairman
CITY OF KEP(7.0 HARBOR
By
Mayor
By
City fterl
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BE IT FUF,THE7. RESOLVED, tht the officers of the Board
of Public Works are authorized to execute and deliver such number
of original copies of said Contract as they may deem advisable_
-Support-e Mr . Edward
AYES: Allerton, Alward, Bachert, Beecher, Brewer, Carey, Case, Charteris,
Cheyz„ Demute, Dewan, Dohany, Duncan, Edward, Forbes, Fouts, Frid Gabler,
Goodspeed, Grisdale, Hagstrom, Hamlin, Heacock, Horton, Houghten, Huhn, Johnston,
Kennedy, Kephart, Lahti, Laurie, lessiter, Iinley, Macdonald, Maier, Mainland,
mastin, McAvoy, Melchert, Mercer, Mills, Mitchell, Nelson, OlDonoghue, Oldenburg,
Olson, Patnales, Peterson, Powers, Rehard, Bemer„ Rhinevault, Rowston„ Simson,
'Slavens, R. Smith, W. Smith, Strong, Tapp, They, Tinsman, Travis, Turner,
Valentine, Veil, Walker, Wilcox, Woods. (68)
NAYS: None. (0)
ABSENT: Brickner, Clarkson, Cohen, Durbin, Frye, Hall, Hudson, Hursfall,
Ingraham, Knowles, Levinson, Menzies, Miller, Potter, Solberg, Terry, Webber,
Yockey. (10
Motion carried.
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
• I, the undersigned, the duly qualified and acting County
Clerk of the County of Oakland, do hereby certify that the foregoing
is a true and complete copy of a resolution adopted by the Board
of Supervisors at a regular meeting ,of said Board, held on the
SS:
8th day of February
on file in my office.
1965, the original of which is
IN WITNESS WHEREOF, I have hereunto affixed my official
signature this 8th day o f February , A.D. l96t.
John D. Murphy
County Clerk