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Home My WebLink AboutResolutions - 1966.05.26 - 19730At a regular meeting of Board of Auditorium I 9:30 at 40;›4#4,0; o'clock City of Pontiac, Tlichigan IkL, Eastern. Standard Time. on May 26 Supervisors, Oakland County, Mic, held. in thc7. Supervlao13 PRESENT: Allerton, Bachert, Beecher, Brickner, Bryant, Carey, Case, Charteris, Cheyz, Clarkson, Cohen, Davies, Dewan, Duncan, Durbin, Edward, Edwards, Forbes, Fouts, Fri d, Geralds, Goodspeed, Hamlin, Heacock, Horton, Huhn, Hursfall, Ingraham, Johnston, Kephart, Knowles, Lahti, Lessiter, Levinson, Linley, Macdonald, iviainland, Mastin, McAvoy, Melchert, Menzies, Mercer, Miller, Mitchell, Nelson, OlDonoghue, Oldenburg, Patnal es, Peterson, Potter, Powers, Rehard, Remer, Rhinevault, Rowston, Rusher, Simson, Slevens, H. Smith, W. Smith, Solberg, Strong, Tapp, Tinsman, Turner, Valentine, Voll, Webber, Wilcox, Wilmot, Woods, Yockey. (72) ABSENT: Alward ., Brewer, Dohany, Grisdale„ Bagstrom, Hall, Hudson, Jones, Kennedy, Laurie, Olson, Terry, Tiley, Gabler, (14) May 26 presented the Second Aliement Mr. Rehard The following resolution was offered Rehard Miscellaneous Res ± on No 4569 Recommended by the DoFrd of Public Works 17+ 7y Re: EVERGREEN ,..., . SOUTHFIELD-R3L,L T7M to Agreement referred to in the following resolution. Resolution proposed by Oakland County. Board of Public Works with respect to Evergreen Sewage Disposal System - Southfield- E91-12L_LEa_ WHEREAS, this Oakland County Board of Supervisors on June 22, 1964, did approve a form of Agreement to be dated April 15, 1964, 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 kv,-1 as the Southfield-Rouge Arm, and did authorize the Chairman and Secretary of the DpF,rd of Public Works to execute said Agreement and on October 4, 19•5, did approve and authorize execution of an agreement to amend said Agreement as set forth in the Amendment to Agreement dated as of January 15, 1965 between the same parties, and it is now necessary further 5,77.o!.10 said Amend- ment to Agreement as set forth in a Second Amendment to Agreement dated as of April 15, 1966, which has been approved by the Oakland County Board of Public ',Dvks and execution thereof by the Chairman and Secretary of said Board of Public 1,7oks has been authorized subject to the approval of this Board. of Supervisors; and WHEREAS, the above mentioned municipalities constitute all of the parties need to contrt with the County in said Second. Amendment. 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, a Second Amendment to Agreement to be dated April 15, 1966, between the County of •akland, the City of Southfield and the Village of .137.7ghPn Parms, which reads as follows: SECOND ;',177DFENT TO AGREET7ET EVERREEN SEWACE DISPOSAL SYSTEM SOU7HFIELD-ROUGE ARM THIS AGREEMENT made as of this 15th day of April, 1966, 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 CITY 07 SOUTHFIELD and the VILLAGE OF BINGHAM 1-7 ,S, municipal corporations in the County of Oakland (hereinafter called the "municipalities'"), parties Of the second part WTTNESSETH: WHEREAS, undr,..' 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 r.a7ment of the entire cost thereof by the said city a n d 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 'A' and "B' thereto- and the method of payment being set forth in Exhibit "C“ thereto; an ,:l WHEREAS, said Agreement of April 15, 1964, was amended by Amendment to Agreement between the same parties, dated as of January 15, 1965, providing for revisions in the location, design, cost and method of paymnt for lrm, including revised Exhibits "A", "2" and "C"; and the payment of said sha71 be credited pro rata to the WHEREAS, In order to change the from April 1st March 1st, in each year, 1 payments are to be made to the county it is necessary that this Second Amendment to Agreement be entered into by the parties hereto . THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as :Cone:: 1. Paragraph 5 of said Agreement of 15, 1964, as amended in Amendment to Agreement of January 15, 1965, is hereby further amended to read as follows: 5. The amount to be paid by each municipality shall be divided into 30 annual installments, nuered in direct order of their maturities. The aggregate amouilt 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, 1955, hereto attached and by this reference made a part hereof. Said installments shall be 'due in consecutive numerical order on the first day of March in each yea-r, beginning with the year 1967, and all amounts thereof from time to time unpaid, shall tear Interest from the date of the bonds to be issued by the county, at the rate of per annum until paid, payable on March 1, 1967, and on the first day of March in each year thereafter. If the amount of interest due on March i of 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 cont principal installment Lue date, then any such excess in the amount so paid after deduotin;_7, the annual fees and expenses connected with ts next interest r,,e due. If any lit shall fail to pay .jv same remalmi id after the due date, Each municipality may pay ? I'. Agreemnt refers shall continue full force and effect. municipalities in accordance with the several amounts of interest paid by them in such year, Which credit shall be applied on the any installment or interest 'iJhen the same becomes due, then the amount thereof shall be subject to a penalty, in addition to interest, of 172 of ,1% for each month or fraction thereof that the In advance of maturity all or any part of an annual instal:7ent by surrendering to the county bonds issue::: in anticipation of to be made under this contract, of a like princi prit maturing In the same calendar year, with all future due interest coupons attached thereto. Accrued Interest upon the amu.nt so pald 1;ip any installment, and accrued interest upon the bonds surrendere, shall be adjusted to the date of surrender and any difference shall be paid in cash- All surrendered bonds and ,oup-cne shall be canceled 2. This Second Amen .j7ent to Agreem.Jfnt, shall become effective approved by the legisl&tive bodies of the municipalities and by the board of public csu.s and board of super- visors of Oakland County and properly executed by the officers the municipalities and of the hoard of public works. As amended hereby the said Agree t .April 15, 1964, the Amendment to Agreement of January 15, 1965, and Ys PpsA , Agreement to which said IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered by their respective duly authorised officers, all as of the day and year first above wrdtten. Village Clerk tv Clerk COUNTY OF OAKLAND BY ITS BOARD 07 PlIBLIr. WORKS By Chad man CITY OF SO7THFTELD By By By Mayor Secretary VILLAGE OF P•.JU By By President President freasureT By BE IT FU7EER RESOLVED, that the officers of Publi WCY7 are Lthorized to execute and deliver such htc. of original c opies of said Second Amendment to Agreement as they may deem advisable. Rehard seconded by iutio foregoin as It was moved by Mr Mr Ingraham ----- Upon roll call the vote Yeas : Allerton, Baehert, Beecher, Brickner, Bryant, Carey, Case, Charter's, Cheyz, Clarkson, Cohen, Davies, Dewan, Duncan, Durbin, Edward, Edwards, Forbes, Fouts, Frid, Geralds, Goodspeed, Hamlin, Heacock, Horton, Huhn, Hursfall, Ingraham, Johnston, Kephart, Knowles, Lahti, Lessiter, Levinson, Idnley, Macdonald, Mainland, Mastin, McAvoy, Melehert, Menzies, Mercer, Miller, Mitchell, Nelson, OtDonoghue, Oldenburg„Patnnles, Peterson, Potter, Powers, Rehard, Remer, Rhinevault, Rowston, Rusher, Simson, Slovens, H. Smith, W. Smith, Solberg, Strong, Tapp, Tinsman, Turner, Valentine, Val, Webber, Wilcox, Wilmot, Woods, Yockey. (72) Nays: None- (0) May 26 Dated: STATE OP MICHin ) ) COUNTY OF OAKLAND ) 1., the underc the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of the proceedings pertaining to the Southfield-Rouge Arm to the Evergreen Sewage Disposal System, duly adopte ,J and taken by the Board of Supervisors of said County at a regular meeting held 1966, the originals of whiC7 •Fre on file in my office John D. Murphy County Clerk, Oakland County May 26