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HomeMy WebLinkAboutResolutions - 1966.06.02 - 197339" -fr=7 At a meeting of the Board of Supervisors of Oakland County held in the Veterans Memorial Building, Detroit, Michigan on Thursday the 2nd day of June 1966, at 2:00 o'clock P.M. , Eastern Standard Time PRESENT: Allerton, Beecher, Bryant, Carey, Case, Charteris, Clarkson, Cohen, Dewan, Dohany, Duncan, Durbin, Edward, Edwards, Forbes, Fouts, Frid, Geralds, Coddspeed, Hall, Hamlin, Horton, Hudson, Hursfall, Kephart, Knowles, Lahti, Laurie, Lessiter, Levinson, Linley, Mainland, Mastin, McAvoy,Menzies, Mercer, Miller, Mitchell, 0/Donoghue, Oldenburg, Patnales, Peterson, Potter, Rehard, Romer, Rhinevault, Rusher, Slavens, H. Sthith, Tinsman, Turner, Valentine, Webber, Wilcox, Wilmot, Woods, Yockey. (57) ABSENT: Alward, Bachert, Brewer, Brickner, Cheyz, Davies, Gabler, Grisdale, Hagstrom, Heacock, Huhn, Ingraham, Johnston, Jones, Kennedy, Macdonald, Melchert, Nelson, Olson, Powers, Rowston, Simson, W. Schith, Solberg, Strong, Tapp, Terry, Tiley, Veil. (29) Misc. 4572 Recommended by the Board of Public Works IN RE: KEEGO HARBOR WATER SUPPLY SYSTEM Submitted by Mr. Rehard Mr. Chairman, Ladies and Gentlemen: I offer the following resolution which was approved by the Board of Public Works at their meeting on June 1, 1966: RESOLUTION WHEREAS, the County of Oakland, Michigan acting by and through its Board of Public Works and the City of Keego Harbor, Oakland County, Michigan did enter into an agreement regarding the construction, operation and maintenance of certain water supply facilities, and WHEREAS, said agreement provides that the Oakland County Board of Public Works shall proceed to enter into contract with the City of Detroit for the supplying of sufficient City of Detroit water to meet the requirements of the pro- posed water supply facilities, and WHEREAS, the contract set forth below is the result of recent contract negotiations between representatives of the Oakland County Department of Public Works and the City of Detroit Department of Water Supply, NOW, THEREFORE, BE IT RESOLVED, that the Water Service Agreement, dated June 2, 1966, between the City of Detroit, by its Board of Water Commis- sioners and the County of Oakland, by its Board of Public Works, for the supplying of City of Detroit water for certain water main facilities in the City of Keego Harbor, Oakland County, Michigan be and the same is hereby approved; that the Chairman and Secretary of the Oakland County Board of Public Works be authorized to execute the same, which Agreement reads as follows: WATER SERVICE AGREEMENT CITY OF DETROIT - COUNTY OF OAKLAND THIS AGREEMENT made this 2nd day of 1966, by and between the CITY OF DETROIT, a Municipal corporation organized under the laws of the State of Michigan, by its Board of Water Commissioners (sometimes, hereinafter referred to as the "Board"), party of the first part, and the COUNTY OF OAKLAND, MICHIGAN, a public body corporate, by and through its Board of Public Works (hereinafter referred to as the "County"), party of the second part, WITNESSETH: WHEREAS, the County desires to receive a_supply of water for the City of Keego Harbor (hereinafter referred to as the "City"), from the Detroit Metropolitan water system; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1, The Board agrees to sell and deliver water to the County subject to conditions stated hereinafter. 2. The County agrees to purchase -water from the Board subject to conditions stated hereinafter. 3. The Board, to the best of its ability, shall deliver water to the County at the point or points designated herein at the rates of flow and pressures needed to meet all reasonable requirements of the City's customers. The peak hour demand therefore will be met to the extent that peak hour demand is met within the boundaries of the City of • Detroit. Tune, -1 Z4 . It is the understanding of both parties that the Board will provide such water system facilities as may be necessary to meet the terms of this agreement, and with the further understanding that the Board's responsi- bility in this respect does not run beyond said point or points of delivery, hereinafter more specifically set forth, it being clearly understood that the responsibility for distributing water from said points of delivery to the consumers lies entirely in the County. 5. The distribution by the County of water supplied by the Board shall be limited to the area within the limits of the City, provided that the County may supply water to such other specific customers or areas beyond the City's limits as from time to time may be mutually agreed upon by the County and the Board. 6. Water shall be delivered by the Board to the County at the following locations: Approximately 220 feet southwesterly along the northerly R.O.W. line of Grand Trunk Western Railroad from the intersection of the west property line of Maddy Lane and said Grand Trunk Western Railroad R.O.W. line, and/or at such other points as may, from time to time, be mutually agreed upon by the parties hereto, 7. All water furnished shall be measured by meters installed at thepoints of delivery. All: meters shall be furnished and installed at the expense of the County, under the supervision and inspection of the Board or its authorized agents. Said meters shall be of a size and make satisfactory to the Board, and subject to its inspection. The Board agrees to maintain said meters and to cause such repairs and/or adjustments as may from time to time be necessary, to be promptly made. Such repairs shall be made at no expense to the County unless it can be shown that the necessity for such repairs was brought about by an improper act or neglect on the part of the County. The County agrees to accept the Board's estimates of. quantities of water supplied, during all periods in which the meters fail to measure correctly all water supplied the County provided there is reasonable basis for such estimates. -2 - 8. The County agrees to pay for all water supplied by the Board at such rates as the Board may establish from time to time, it being mutually understood that such rates shall always be reasonable in relation to the costs incurred by the Board for the supply of water. All money collected by the Board from the County for providing pure and wholesome water under the terms of this agreement, shall be used exclusively for the operation, maintenance, repairs, replacements, improvements and extensions of the Detroit Metropolitan water system. It is mutually understood and agreed that the total charge for water service for each calendar year shall be for an amount not less than that which is obtained by applying the effective rates to the quantities set forth below. Year Million Cubic Feet Year Million Cubic Feet 1967 0.2 1980 3.6 1968 0.85 1951 3.7 1969 1.2 1932 3.8 1970 1.5 1983 3.9 1971 1.8 1984 39 1972 2.1 1985 4.o 1973 2.5 1986 4.o 1974 2.8 1937 4.1 1975 3.0 1988 - 4.1 1976 3.2 1989 4.1 1977 3.3 1990 4.2 1978 3.4 1991 4.2 1979 3.5 1992 4.3 The Board shall give 90 days notice of any change in the rates and such notice shall be in writing and shall be delivered in person or by mail to the Director of the Department of Public Works of the County. Bills for water service shall be rendered monthly and delivered to the Depart- ment of Public Works of the County and shall be payable on or before the due date shown thereon which shall be not less than 30 days from such delivery. There shall be a further charge of five per cent of the amount of the bill if not paid on or before the due date. All delinquent balances remaining unpaid for one year or more shall be subject to an additional charge of Six per cent per annum until paid. Water service to the County may be discontinued if any bill is not paid within sixty days of due date. The County hereby waives any and all claims for damages resulting from such discontinuance of service. - 3 - 9. The County agrees to conform and to require that the City conform to all rules and regulations of the Board pertaining to the control of or restriction to the use of water taken from the Detroit waer system. 10. The County agrees to conform and to require that the City conform to ,he ,Board's standards and specifications, from time to time in effect, governing the installation of transmission and distribution system mains and facilities, and further - agrees that plans and spelfiations for such mains and facilities shall be submitted to the Board for approval prior to installation in the City's water system 11. It is understood and agreed that the Board shall have the right to in- spect water system mains and facilities as set forth in Section 10 hereof during installation or installed in the County's system, for the purpose of insuring a uniform standard of construction for all areas served by the Board, and to any damage to the Detroit. Metropolitan water system as a whole, arising from inferior material or workmanship in the component parts; with the understanding, however, that such in- spection shall not relieve the County from full responsibility for the conformance of finished work with Board standards and with approved plans and specifications. , 12. For the protection of the health of all consumers supplied with water from the Detroit Metropolitan water system, the County agrees to guard carefully against . all forms of contamination, and that if at any time contamination should occur, the area or areas affected shall immediately be shut off and isolated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consump- tion, by the properly constituted governmental health agencies having jurliction of. the areas affected. 4 13. In the event proper operation of the system requires the Board to dis- continue temporarily all or part of the supply of water to the County, no claims for damages for such discontinuance shall be made by the County against either the City of Detroit or the Board of Water Com- missioners. 14. It is understood and agreed that the County will not, under any circum- stances permit water from any other source or supply to be introduced Into its water system, nor any part thereof, or to be mixed or mingled with water from the Detroit Metropolitan water system without prior written approval of the Board- 15. In the event it becomes necessary or desirable for the Board to use streets, highways, alleys, and/or easements in the City for the purpose of constructing, maintaining and operating water system facilities to adequately supply the County or other areas, the County, insofar as its rights exist, will cooperate with the Board in the execution of such separate instruments granting rights-of-way in County streets, highways, and alleys as may be reasonably required by said Board. The Board shall restore all existing structures and/or improvements lying in the right-of- way of construction, to as good a condition as before the cchstruction took place, and shall save harmless the County and the City from any and all liability, claims, suits, actions or causes of action for damages for injuries or otherwise by reason of the construction work herein above provided for. Any such facilities constructed, maintained and operated under this section shall remain in perpetuity the property of the Board and shall not be operated or maintained by any other than employees of the Board or its authorized representatives. 16. It is mutually understood and agreed that the County's mains may be connected temporarily to the mains serving other suburban communities. for flow in either direction, to provide an adequate water supply from 5 16. (Contd.). the Detroit system to the County and the City, and to other areas and units of government, and to provide for efficient operation of the entire water supply system. The Board agrees that no connection will be made that is not in accordance with accepted water system distrilalztion practice. 17. No failure or delay in _performance of the executed water service agreement by either party shall be deemed to be a breach thereof when such failure or delay is occasioned by or due to any Act of God, strikes, lookouts, wars, riots, epidemics, explosions, sabotage, breakage or accident to machinery or lines of pipe, the binding order of any court or governmental authority, or any other cause, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension; provided that no cause or contingency shall relieve the County of its obligation to make payment for water delivered by the I:oard_ 18. The Board shall supply and sell water to the County from the Detroit Metropolitan water system and the County shall receive and ,-puhase such water in accordance with the terms of this Agreement for an indefinite period of time but at least for a period of thirty-five (35) yes from date hereof. This Agreement may be terminated by either party after expiration of said 35-year period, upon one year's written notice served upon the other party by delivering the same to the Secretary of the Board or tothe Director of Public Works of the County as the case may be, or at any time upon mutual consent of both parties. 19. This Agreement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns 20. This Agreement shall take effect upon its adoption and execution by the respective parties hereto, and its approval by the Common Council of the City of Detroit. 6 Witnesses: COUNTY OF OAKLAND By its Board of Public Works IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF DETROIT Witnesses: By its Board of Water Commissioners By: By: President Secretary By: Chairman Secretary By: 7 At a meeting of the Board of SupE-:Yi--,,7Lo:.sof Oakland Cotzitv held in the Veterans Memorial ,Buildinn on Thursday the 2nd day of June 1956, at 200 o'clock J-?M Eastern 8: dark Tiae. PRESENT: Clarkn, Cohn, Allerton, Beecher, ErTmt,. °grey, Deman, Dohany, Mancan, Durbin, Geraids, Goodspeed, Hell, Har0j.n, Knowles, Lahti, Laurie, l'ssitcr, Mckvoy,Menies, Patnales, Pe173n, Pettr, H. Siith, Tin ear, Tum o r, Va] Yockey. (57) . . • . s, , Ko721.1rt, U SlaVen S, ABSENT: Alward, Bachert, Brewer, Rricknor, Chop:, Davies, Gabler, Grisdale, Hagstrom, Heacock, Huhn, Ingraham, JohLston, Jones, Kennedy, ,,lacdonald., • Melchert, Nelson, Olson, Powers, Rowston, Simson, p. Sidth, Solberg, Strong, Tapp, Terry Voll. (29) STATE OF MICHIGAN ) ss: COUNTY OF OAKLAND ) I, John D. Murphy, Clerk of the County of Oakland, State of Michigan, do hereby certify that I have compared the annexed copy of proceedings of the Oakland County Board of Supervisors taken at a meeting held on Tune 2, 1966 1 in re: KEEGO HARBOR WATER SUPPLY SYSTEM, with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan, this 6th day of June , 1966. John 1). Murphy County Clerk Mr. Rehard moved the adoption of the foregoing resolution. The motion was supported by Mr. Edward On roll call the resolution was adopted by the following vote: Yeas: Allerton, Beecher, Bryant, Carey, Case, Charteris, Clarkson, Cohen, Dewan, Dohany, Duncan, Durbin, Edward, Edwards, Forbes, Fouts, Frid, Geralds, GoOdspeed, Hall, Hamlin, Horton, Hudson, Hursfall, Kephart, Knowles, Lahti, Laurie, Lessiter, Levinson, Linley, Mainland, Mastin, L McAvoy,Menzies, Mercer, Miller, Mitchell, O'Donoghue l Oldenburg, Patnales, Peterson, Potter, Rehard, Remer, Rninevault, Rusher, Slavens, H. Sdaitb, Tinsman, Turner, Valentine, Webber, Wilcox, Wilmot, woods, Yockey. (57) Nays: None. (0) ABSENT: Alward, Bachert, Brewer, Brickner, Cheyz, Davies, Gabler, Grisdale, Hagstrom, Heacock, Huhn, Ingraham, Johnston, Jones, Kennedy, Macdonald, Melehert, Nelson, Olson, Powers, Rowston, SimSon, W. Sibith, Solberg, Strong, Tapp, Terry, Tiley, Veil, (29)