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HomeMy WebLinkAboutResolutions - 1962.05.07 - 198433960 Miscellaneous Resolution No, Recommended By: BOARD OF PUBLIC WORKS Re: FARMINGTON SEWAGE DISPOSAL SYSTEM- 14 MILE-MAPLE ROAD ARM Mr. Horton presented the following resolution, copies of which have been sent to each member of the Board of Supervisors. WHEREAS, the Board of Public Works has submitted to this Board con- struction plans and specifications for the Farmington Sewage Disposal System- 14 Mile-Maple Road Arm - Section 1 and estimates of cost and period of usefulness thereof, all of which have been approved by the Board of Public Works; and WHEREAS, the Oakland County Board of Public Works, on May 1, 1962, did approve a form of Agreement to be dated May 1, 1962, between the County of Oakland and the Township of West Bloomfield for the extension of the Farmington Sewage Disposal System to be known as 14 Mile-Maple Road Arm - Section 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 100% of the cost of the project; and WHEREAS, the said Agreement has been executed by the said township, NOW THEREFORE BE IT 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 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, an Agreement to be dated May 1, 1962, between the County of Oakland and the Township of West Bloomfield, which reads as follows: AGREEMENT FARMENGTON SEWAGE DISPOSAL SYSTEM- 14 MILE-MAPLE ROAD ARM This agreement made this day of , 1962, 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 WEST BLOOMFIELD, a Michigan township corporation in the County of Oakland, Michigan, (hereinafter called the "township"), party of the second part. WITNESSETH: WHEREAS, the Oakland County Board of Supervisors by resolution, Misc. No. 3270 1 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 part of the Township of West Bloomfield and other areas; and WHEREAS, pursuant to the Farmington Sewage Disposal System Agree- ment, 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 Bloom- field and Farmington, municipal corporations in said County of Oakland, the said county acting through 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 accordance 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. 185") grants to the board of public works in any county having a Department of Public Works the power to extend any system acquired pursuant thereto; and WHEREAS, it is necessary to extend said System in said Township of West Bloomfield by the construction of certain sewers and related facilities (hereinafter sometimes referred to as "Section 1 - 14 Mile-Maple Road Arm or as the "project") under the provisions of said Act No. 185 for the purpose of collecting and disposing of sewage originating within that part of the said District located in said township and to finance such project by the payment to the county by the township of the cost of said project; and WHEREAS, no other municipality in the Farmington Sewage Disposal District will be affected by the construction of said project at this time; and WHEREAS, in order to acquire said Section 1 - 14 Mile-Maple Road Arm, it is necessary that 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 construction of Section 1 - 14 Mile-Maple Road Arm, prepared by registered professional engineers, and a plan of the approximate route of said project 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: 1. The county, pursuant to the provisions of Act No. 185 shall acquire said Section 1 - 14 Mile-Maple Road Arm in accordance with the plans and specifications prepared by registered professional engineer, Ralph A. Main, which plans and specifications are on file with both the township and the DPW and have been identified by the signatures of the supervisor of the township -2- and the director of the DPW, the location of which Arm is set forth in said Exhibit 'A" hereto attached:. Provided, that said plans and specifications and said location may be altered if approved by the township board and the DPW. 2. The said project is designed for, and shall be used for, the collection and transportation of sanitary sewage only. 3. The township shall pay to the county an aggregate amount equal to the capital cost of said project, payable in cash in full at or prior to the letting by the county of a construction contract for said project. The amount so paid by the township shall be the estimated cost of $63,860.00 or such amended estimated cost as shall be determined upon the basis of the construction bids received and other items of cost actually incurred or contracted for at or prior to the time of such payment. 4. The term "capital cost" as above used, shall include: (a) The cost of any lands or rights therein, which are necessary for the project. (b) The cost of physical structures and equipment. (c) Architectural, engineering and legal fees. (d) Administrative costs in connection with the project, and (e) Any other necessary costs directly connected with the said project. 5. The county shall have no obligation hereunder other than the obtain- ing of the aforesaid plans and specifications and estimates of cost, the obtain- ing of construction bids based thereon, the preparation and processing of this agreement to obtain the requisite approvals thereof, and the performance of the administrative and legal functions necessary to such actions, until such time as the payment herein provided is made by the township. In the event the township does not make such payment within thirty (30) days after the receipt and acceptance -3-- by the county of construction bids for said project, the county shall have no further obligation under this agreement but the township shall be liable to the county, and shall pay to the county forthwith upon demand, the amount of all reasonable administrative, engineering and legal expenses, disbursements and fees actually incurred by the county in connection with this project, such amount not to exceed, however, the sum of $6,386.00. When the payment pro- vided in Section 3 herein is made by the township, the county shall enter into the construction contract, shall supervise the construction of the project and shall complete, operate and maintain the Section 1 - 14 Mile-Maple Road Arm as part of the System for the purpose of rendering sewage disposal services to the township. 6. Said Section 1 - 14 Mile-Maple Road Arm being an extension of that part of the Farmington Sewage Disposal System heretofore constructed and being a part of the ultimate county system to serve the Farmington Sewage Dis- posal District, the provisions of the Base Agreement shall continue in full force and effect and be applicable to this Arm, and, in particular without limiting the generality of the foregoing, such provisions shall be applicable to this Arm in- sofar as connections ; connection charges, service to individual users, service charges maintenance, maintenance charges, operation and limitations on use are concerned. The said Arm is designed at its point of connection to the Farm- ington Interceptor of the System and in the portion thereof to be acquired pursuant to this agreement so that by proper extensions said Arm will serve the special assessment district set forth in the resolutions of the township adopted at a regular meeting of the Township Board held January 3, 1962. Properties within such district or in such other areas to be served thereby shall be connected to the 14 Mile-Maple Road Arm or to said Farmington Interceptor only upon terms and conditions as prescribed by the township in addition to the terms and con- ditions prescribed in the Base Agreement, which terms and conditions shall be -4- applied so that the ultimate cost of connection of all properties in the area in the same classification as to size, use and quantity of sewage emanating therefrom shall be approximately equal. 7. Neither the township or the county shall permit the discharge into said 14 Mile-Maple Road Arm of any sewage in violation of the Base Agreement. 8. The township 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 Section 1 - 14 Mile-Maple Road Arm and of any im- provements enlargements and extensions thereto. The township reaffirms its District covenant and warrant that all sanitary sewage originating in said titi shall be delivered only to the 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 within the township shall be liable, to the same extent as privately owned lands, if sanitary sewage emanates there- from, to pay the charges for sewage disposal services with respect thereto. 9. This agreement shall become effective upon being approved by the governing body 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 town- ship and of the Board of Public Works. This agreement shall terminate when the Base Agreement terminates, subject to the provisions of paragraph 5 above. IN WITNESS WHEREOF, the parties hereto have caused this 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 Chairman And Secretary -5- TOWNSHIP OF WEST BLOOMFIELD By Supervisor And Township Clerk 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. 1 rf4- i- [ L. • ,t,77.77.-- iax,* pplo-x.,,, • • • de. 3 1 kJ. . • L o : I. 1 - pseava,... ' [ Moved by Horton supported by Rehard the resolution be adopted. Upon roll call, the resolution was adopted by the following vote: AYES: Alward, Archambault, Beamer, Beecher, Bloc, Bonner, Calhoun, James Carey, John Carey, Charteris, Cheyz, Clack, Cummings, Davis, Dewan, Dickens, Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Ewart, Fouts, End, Gabler, Goodspeed, Hall, Hamlin, Heacock, Hill, Hoard, Horton, Huber, Wallace Hudson, Wm Hudson, Hulet, Hursfall, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall, McCartney, McGovern, Melchert, Menzies, Mercer, Mitchell, Moore, O'Donoghue, Oldenburg, Potter, Rehard, Remer, Rhinevault, Roberts, Rowston, Semann, Slovens, Smith, Salley, Staman, Tiley, Tinsman, Voll, Webber, Wood, Yockey. (73) NAYS: None, (0) STATE OF MICHIGAN) ss COUNTY OF OAKLAND) I, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of Miscellaneous Resolution #3960, in re: Farmington Sewage Disposal. System - 14 Mile-Maple Road Arm, and of the proceedings pertaining thereto duly adopted and taken by the Board of Supervisors of said County at a regular meeting held May 7, 1962, the originals of which are on file in my office, Daniel T. Murphy, Jr. County Clerk, Oakland County Dated: May 7, 1962