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HomeMy WebLinkAboutResolutions - 1962.06.25 - 19874Misc. Recommended by The Board of Public Works In Re: EVERGREEN SEWAGE DISPOSAL SYSTEM, SOUTHFIELD-ROUGE ARM-SECTION I Moved by , supported by the adoption of the following resolution: RESOLUTION WHEREAS, the Board of Public Works has submitted to this Board construction plans and specifications for the Evergreen Sewage Disposal System - Southfield-Rouge 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 June 19, 1962, did approve a form of Agreement to be dated June 1, 1962, between the County of Oakland and the City of Southfield for the extension of the Evergreen Sewage Disposal System to be known as Southfield-Rouge 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 city 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 city, NOW, THEREFORE, BE IT RESOLVED, that the said construction plans and specifi- cations 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 June 1, 1962, between the County of Oakland and the City of Southfield, which reads as follows: AGREEMENT EVERGREEN SEWAGE DISPOSAL SYSTEM- SOUTHFIELD-ROUCE ARM This agreement made this 1st day of June, 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 CITY OF SOUTHFIELD, a home rule city corporation in the County of Oakland, Michigan, (hereinafter called the "city"), party of the second part. WITNESSETH: WHEREAS, the Oakland County Board of Supervisors by resolution, Misc. No 3269, adopted August 12, 1957, as amended by resolution, Misc. No. 3435, adopted October 13, 1958, did approve the establishment of the Evergreen Sewage Disposal System (herein called the "System") to serve the Evergreen Sewage Dis- - posal District (herein called the "District"), within which District lies part of the City of Southfield and other areas; and WHEREAS, pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by emendatory agreements dated December 22, 1958 and February 9, 1959, all between the County of Oakland and the Cities of :r_mthfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood (now Beverly Hills) and the Townships of Bloomfield and Pontiac, municipal corporations in said County of Oakland, the said county acting through its Department of Public Works, did acquire the original Evergreen Sewage Disposal System and did finanf:e 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. 285 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, the county and the city have by resolutions of the City Council and the Oakland County Department of Public Works determined that it is necessary to extend said System by con- struction of the so-called Southfield-Rouge Arm (hereinafter sometimes referred to as the "Arm") as described in said resolu- tions; and WHEREAS, it is immediately necessary to extend said System in said City of Southfield by the construction of certain sewers and related facilities (hereinafter sometimes referred to as "Section 1 - Southfield-Rouge Arm" or as the "project") under the provisions of said Act No. 185 for the purpose of crossing under the proposed Northwestern Expressway before the same is constructed by the Michigan State Highway Department and to finance such project by the payment to the county by the city of the cost of said project; and WHEREAS, no other municipality in the Evergreen Sewage Disposal District will bu affected by the construction of said project at this time; and -2- WEEaEAS, in order to acquire said Section 1 - Southfield - Rouge Arm, it is necessary that the county and the said city, parties hereto, enter into this agreement; and REAS, 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 I - Southfield-Rouge Arm, prepared by registered pro- fessional 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 - Southfield-Rouge Arm in accordance with the plans and specifications prepared by Spalding, DeDecker & Associates, registered professional engineers, which plans and specifications are on file with both the city and the DPW and have been identified by the signatures of the mayor of the city and the director of the DPW, the location of which Arm and of said Section 1 thereof 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 City Council and the DPW. . The said project is designed for, and shall be used for, the collection and transportation of sanitary sewage only. 3. The city 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 city shall be the estimated cost of $51,400.00 or such amended estimated cost 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, shell include: The cost of any lands or rights therein which are necessary for the protect. (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. . The county shall have no obligation hereunder other than the obtaining of the aforesaid plans and specifications and estimates of cost, the obtaining of construction bids based there- on, 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 city. In the event the city does not make such payment within thirty. (30) days after the receipt and acceptance by the county of construction bids for said proiect, the county shall have no further obligation under this agreement but the city shall be liable to the county, and shall pay to the county forthwith upon -4- Rouge Arm is de ned, in the portion thereof to be acquired 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 $5,140.00. When the payment provided in Section 3 herein is made by the city, the county shall enter into the construction contrzet, shall supervise the construction of the project and shall complete, operate and maintain the Section 1 - Southfield-Rouge Arm as part of the System for the purpose of rendering sewage disposal services to the 6. Said Arm being an extension of that part of the Evergreen Sewage Disposal System heretofore constructed and being. a part of the ultimate county system Co serve the Evergreen Sewage Disposal 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 forego- ing, such provisions shall be applicable to this Arm insofar as connections, connection charges, service to individual users, service charges, maintenance, maintenance charges, operation and limitations an use are cencarned. The said Section 1 - Southfield - 'I' 7_7 pursuant to this agreement, so that by proper extensions said Arm will serve the southwesterly parts of said city located in said Evergreen District and the areas in the Villages of Franklin and Bingham Farms not now in said District. Properties within said city to be served by said Arm shall be connected to the Southfield Rouge Arm or to said Evergreen Interceptor only upon such terms and conditions as are prescribed by the city in addition to the terms and conditions prescribed in the Base Agreement, which terms -5- and conditions shall be applied so that the ultimate cast of connection of all properties in the area in the same classifica- tion as to size, use and quantity of sewage emanating therefrom shall, be approximately equal. The areas in the Villages of Franklin and Bingham Farms shall not be served by said Section 1 Southfield-Rouge Arm or by any extensions or additions to said Arm until said villages shall have contracted with the county and the city to pay the fair share of the cost thereof attribu- table to each said village. 7. Neither the city or the county shall. permit the discharge into said Southfield-Leuze Arm of any sewage in violation of the Base Agreement. S. The city consents to the use by the county of tl public streets, alleys, lands and rights of way in the city for the purpose of constructing, operating and maintaining Section 1 - Southfield-Rouge Arm and of any improvements, enlargements and extensions thereto., The city reaffirms its covenant and warra that all sanitary sewage originating in said city shall be delivered only to the System, including extensions thereto, transportation therein and ultimate disposal. Lands (other than highways) awned by or under the jurisdiction of the city or the county within the city shall be liable, to the same extent as privately awned lands, if sanitary sewage emanates therefrom, to pay the charges for sewage, disposal services with respect thereto. 9. This agreement shall became effective upon being approved by the governing body of the city, and by the Board of Public Works and Board of Supervisors of Oakland County and pro- perly executed by the officers of the city and of the Board of Public Works. This agreement shall terminate when the Base Agree- ment 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 OitKI.At'ND By its Board of Public Works By CITY OF SOUTHFIELD 7 An y erc Mayor 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. Vote on motion: Yeas: Alward, Archambault, Beamer, Beecher, Bloe l Bonner, Calhoun, John Carey, Charteris, Cheyz„ Clack, Clarkson, Cummings, Davis, Demute, Dewan, Dickens, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Ewart„ Forbes ) Frid, Gabler, Goodspeed, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, WM. Hudson, Hulet„ Hursfall, Ingraham, Johnson, Kephart, Knowles, Lessiter„ Levin, Levinson, MacDonald, Maier, Marshall, McCartney, McGovern, Menzies, Mercer, Miller, Mitchell, Noel, OtDonoghue, Oldenburg, Osgood, Rehard, Remer, Rhinevault, Semann, Smith, Solley„ Staman„ They, Tinsman, Veil, Webber ., Wood, Yockey. (70) Nays: None. (0) Absent: Allerton, Brickner, James Carey, Dohany, Fouts, Lahti, Love, Melchert, Moore, Potter, Roberts, Slavens. (12) Motion carried •