HomeMy WebLinkAboutResolutions - 1962.06.25 - 19876Misc.
Recommended By The Board of Public Works
In Re: HURON-ROUGE SEWAGE DISPOSAL SYSTEM
Moved by , supported by
the adoption of the following resolution:
RESOLUTION
WHEREAS, the Oakland County Board of Public Works, on June 19, 1962, did
approve a form of Contract to be dated April 20, 1962, between the County of Oakland
and the Township of Novi and the Village of Novi for the acquisition and construction
of the Huron-Rouge Sewage Disposal System, and did authorize the Chairman and
Secretary of the Board of Public Works to execute said Contract subject to the approval
of this Board of Supervisors; and
WHEREAS, the above mentioned township and village constitute the only parties
needed to contract with the County for 100% of the cost of the project; and
WHEREAS, the said Contract has been executed by the said township and village,
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, the Huron-Rouge Sewage Disposal System
Contract to be dated April 20, 1962, between the County of Oakland and the Township
of Novi and Village of Novi, which reads as follows:
HURON ROUGE SEWAGE pIsposAL SYSTEM CONTRACT
THIS CONTRACT, made and entered into this 20th
April 1962, by and between the COUNTY OF OAKLAND, a
Michigan county corporation (hereinafter referred to as the
"county"), part y of the first part, and the VILLAGE OF NOVI, being
a village corporation located in the County of Oakland, Michigan,
and the TOWNSHIP OF NOVI, a township corporation located in the
County of Oakland, Michigan (hereinafter referred to as the
"municipalities"), parties of the second part ;
WITNESSET H:
WHEREAS, it is immediately necessary and imperative
for the public health and welfare of the present and future
residents of the above municipalities that ade quate and proper
sewage disposal facilities be ac quired and constructed to serve
the parts thereof l y ing within the district hereinafter described;
and
WHEREAS, the county,
Public Acts of Michigan, 1957,
under the provisions of Act 135,
as amended, has established a
Department of Public Works for the administration of the powers
cmnferred upon the count y b y said act, which department is under
the immediate control of a Board of Public Works (hereinafter
sometimes referred to as the 'board"), and under the general
contrml mf the Board of Supervisors of the County of Oakland; and
WHEREAS, said act authorizes a county to acquire sewage
disposal systems as defined in said act and to improve, enlarge,
extend and operate such systems; and
W.FIF.YrLEAS, by the terms of said act the county and the
municipalities are authorized to enter into a contract for the
acquisition, improvement, enlargement or extension of a sewage
disposal. system and for the payment of the cost thereof by the
municipalities, with interest, over a period of not exceeding
forty (40) years, and the county is then authorized, pursuant to
appropriate action of its board of supervisors to issue its bonds
to provide the funds therefor, secured primarily by the full faith
and credit contractual obligation of the municipalities, and
secondarily by the full faith and credit pTedge of the county, if
duly authorized by proper resolution of its board of supervisors;
and
WHEREAS, said act provides, in the opinion of the
municipalities and the county, the fairest and most equitable
means of acquiring the sec ,mge disposal facilities so vitally
necessary for the public health and welfare of the residents of the
county within the district to be served, at the most reasonable
cost; and
WHEREAS, the Colant of Oakland b7 Board of Supervisors
resolution, Misc. No. 3850, adopted September 11, 1961, established
the Huron-Rouge Sewage Disposal District to be served by the
Huron-Rouge .:v;age Disposal System (herein celled the "Huron-Rouge
System") which system is to consist of trunks and branches to
collect sanitary swnge in said district and the extension of
said trunk outside al said district. into Wayne County to deliver
said sanitary sewage to the Rouge Valley Sewage Disposal System of
Wayne County; and
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WERZAS, by said rezolution the Oakland County Board
Public Works was directed to negotiate and submit to the
land County Board of Supcz7visors contracts with the said munici-
palities in respect to the construction, operation and financing
of said sewage disposal system and with the County of Wayne
respect to the transportation and treatment of sanitary sewage
collected in saiJ system; and
WHEREAS, the board has prepared o plan of the
construction program and an estimate of cost of the Huron ,.Rouge
System to consist of sewage dispo5,11 fteilj.tias necessary to
adequately serve the municipalities, or portions thereof within
the area to be served, and to connect th same te th? Rouge Valley
Sewage Disposal System in W:e CoUnty, wkich said estimate of
cost is in the sum of One Million Two Hundred Sixty Th
($1.260,0N,M) Dollars; and
WHERES, in order to issue such bonds, it is neteSszry
that the county and said municipalities enter into a contract as
rd
provided in the act;
WHEREAS, it is also necessary for the covrt7 ad 5aid
municipalities to contract relative to the operation an,zi main
tenancei of said se --:e disposal system.
NOW THEREFORE, in consideration of the premises and
the covenants of each other, the parties hereto agree as follows:
1. The county and the municipalties approve the
establishment of the Huron-Rouge System in the Village of Novi
and -1'.0.1ip of Novi and County cf Ozkicnd, under the provisions
of Act 185, Public Acts of Michigan, 1957, as amended, which is
to collect and transport sanitary sewage originating in the area
to be served thereby, whLah area shall consist of the following:
VILLAGE OF NOVI
All of Sections 10, 13, 14, 15, 16, 21, 22,
23, 24, 26 and 28
All of Sections 2, 3 and 27, except those
portions remaining as unincorporated Town-
ship of Novi.
All of Section 27, except that part remain-
ing as unincorporzteA Township of Novi.
All of Section 9, except that portion in
City of Wixom,
All of Section 35, except that 7ortion
remaining as unincorporated Township of
Novi, also except the SE 1/4.
W 1/2 of Section I.
The following areas of Section 4: SE 1/4;
E 1/2 of SW 1/4; S 80 cc of NE 1/4; part
of the NE 1/4 and part of the NW 1/4 beg
at a roint or Sec line, E 3222.78, feet
from NW cor Sc, th S 0e30 E 1237
feet, th S W parallel to N Sec line
1353.66 feet, th S 00 030' W 561 feet, th
E parallel to N Sec line to E Sec line, th
N alg Sec line 1848 feet to NE cot of Sec,
th W alg N Sec line to 1,eg.
Tha followin areas of Section 11: S 1/2,
NW 1/4; W 1/2 o W 1/2 of NE 1/4,
The following areas of Section 12: SW 1/4;
W 1/2 of SE 1/4.
The following areas of Section 17: N 1/2;
N 510 feet of W 770 feet of W 112 of 1TW
1/4.
E 3/4 of SE 1/4 of Section. 20.
The following areas of Section. 25: N 1/2;
SW 1/4; W 3/4 of SE 1/4; W 379.5 feet of
S aau feet of F 1/2 of E 1/2 of SE 1/4.
E 1/2 of Section 29.
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consist of the items set forth in Exhibit attached hereto and
and v:,T7vc.rds as the pa d of usefulness thereof, all as prepared
NE 1/4 of Section 32.
N 1/2 of Section 33.
N 1/2 of Section 34.
Section 36.
OF NOVI
All portions of unincorporated Township of
Novi remaining in Sections 2, 3, 27 and 35
of said township.
which area is shown on a map hereto attached marked Exhibit
and made a part hereof and has been designated by the County Board
of Supervisors as the HMON-ROUGE SEWAGE DISPOSAL DISTRICT (here-
inafter sometimes referred to as the "Huron-Rouge District").
2. The sewage disposal system referred to in paragraph
1 above has been des13ncted by the County Board of Supervisors
as the C .•?P CE D:SPOSAL SYSTEM and the initial con-
struction program therefoli shall consist of trunks and brancl%is
to be located substantially as indicated on Exhibit "A" attached
hereto, which trunks and branches shall be connected to the Rouge
Valley Sewage Disposal System in Wayne County. Said trunks and
branches may hereafter be extended end enlarged as hereinafter
provided.
3. The county and the municipalities hereby approve the
estimate of $1,250,000 as the cost of the initial construction
program of said new sewage disposal facilities which estimate shall
by this reference made a part hereof, and the estimate of 50 years
by the board. Seid new sewage disposal facilities are hereinafter
pr oject to 1 pared by registered pro- prE
sometimes referred to as the "project".
4. After the execution of this contract by the county
and the municipalities, the board shall take the following steps:
(a) Order final plans and specifications for the
fessional engineers employed or designated
by the board.
Negotiate and submit to the Board of Super-
visors of Oakland County- a contract with
the County of '4aync, in respect to the
transportation and treatment of sanitary
sewage collected in said system.
(c) Submit to the Board of Supervisors of Oakland
County a. resolution, duly approved and recom-
mended by the board, providing for the
issuance of bonds in the aggregate principal
amount of $1,260,000 (being the present
estimated c of the proiect) 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 Fifteen ( 15 ) years, which
bonds will be secured primarily by the pay-
ments hereinafter provided to be made by the
municipalities to the making of which pay-
ments the full faith and credit of each is
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hereby pledged, and secondarily, if approved
by a three-fifths (3/5ths) majority of the
members elect of the board of supervisors,
by the full faith and credit of the County
of Oakland.
(d) After the Board of Supervisors of Oakland
County has adopted the bond resolution, the
board will take all necessary procedures to
obtain from the municipal Finance Commission
of the State of Michigan, the approvals
necessary to the issuance of said bonds,
obtain construction bids for the project,
and enter into construction contracts with
the lowest responsible bidders, and sell
anifL deliver the bonds in manner authorized
by law.
5. It is understood and agreed by the parties hereto
that the Huron-Rouge System is to serve each of the municipalities
and not the individual property owners and users therein, unless
by special agreement between the board and either of the interested
municipalities. The responsibility of collecting sewage and
delivering same to the sanitary sewage trunks and branches of the
Huron-Rouge System shall be that of the municipalities which shal;
cause to be constructed and maintained the necessary facilities
for such collection and delivery. The county shall not be
obligated by this contract to serve any area outside the district
as described in paragraph I hereof, or to construct any facilities
other than those designated in paragraph 2 hereof. It is further
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Village of Novi 9,895
”alation
Township of Novi
Totals
105 .0420
10,000 4,0000
3.9580-
Township of Novi
Total
Village of Novi 98.95Z
1.05;
100.00%
understood, however, that additional trunks and branches will be
required to adequately serve the entire district and that such
additional trunks and branches will be constructed by the county
and financed as herein provided upon the execution of a supple-
ment or supplements to this contract, as the board may determine
the need therefor,
6. The initial construction program for the Huron
Rouge System is designed to accept the following initial cubic
feet per second from each of the municipalities and each
municipality shall be limited to this as the maximum rate of
flow from the Huron-Rouge Dlstrict within their respective
limits until such time as further trunks and branches are
constructed as herein provided. The initial flow is as follows:
7. The municipalities shall pay to the county the
following percentages of the cost of the facilities of the Huron
Rouge System, to-wit:
items of cost of the type set forth in Exhibit attached hereto 1
The term "cost" as used herei7i shall be construed to include all
and any other items of cost of a similar nature as may be set forth'
in any revision of Exhibit "3" agreed to by the parties hereto.
No change in the jurisdiction over any territory in
either of the municipalitis shall in any manner impair the
obligations of this contract. In the event all or any part of
the territory of either of the municipalities is incorporatc6 as
a new city or village or is annexed to 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 assvi2 the proper proportionate share of the con-
tractual obligation and mixAmm rate of flow (c.f.s.) of the
municipality from which such territory is taken, based upon a
division determined by the board, which shall make such determi-
nation after taking into consideration all factors necessary to
make the division equitable, and in addition shall, prior to such
determination, receive a written recommendation as to the proper
division from a committee composed of one representative designated
by the governing body of the municipality from which the territory
is taken, one designated by the governing body - of the new munici-
pality or the municipality annexing such territory, and one
independent registered engineer appointed by the board. Each
municipality shall appoint its representative within fifteen (15)
days after being notified to do so by the board and within a like
time the board shell appoir ,!-. the engineer third member. If any
municipality shall fail to appoint its representative within the
time above provided, then the board may proceed without said
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recommendation. If the committee shall not make its recommenda-
tion within forty-five (45) days after its appointment or within
any extension thereof by the board, then the board may proceed
without such recommendation. In the consideration of the matters
herein provided, including the designation of the third member
of the committee, any member of the board who is also an official
of either affected municipality shall be disqualified to act or
vote.
. immediately upon the issuance of any bonds by the
county to finance the cost of the project, the board shall notify
each municipality, by written communication addressed to its
treasurer, of the schedule of payments of the share of each munici-
pality of the principal of and interest thereon, and the amount
of such annual payment to be made by said municipality plus the
amount of the share of each municipality of the paying agent fees
and other bond handling costs. Each municipality hereby covenants
and agrees, not less than thirty (30) days prior to the due date
of any principal of or interest on any such bonds, to remit to
the board sufficient funds to meet its share of 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 cce
timc;.'„ It is assumed that the principal of the bonds represents
the cost of the project. If either municipality should pay
share of the project cost, or any portion thereof, prior to the
issuance of bonds, then its obligation shall be adjusted accord-
ingly. If either municipality shall fail to make any of such
payments when due, the amount thereof shall be subject to a
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penalty of one-half of one per cent (1/2 each month
or fraction thereof that the same remains unpaid after the
date. Either municipality may pay in advance of maturity all or
any part of an annual installment due the county, by surrendering
to the county bonds issued in anticip8,tion of payments to be made
under this contract, of a like principal amount maturing in the
same calendar year, with all :eutu-e due interest coupons attached
thereto.
9. In the event that either of the municipalities shall
fail for any reason to pay to the board at the times specified,
the amounts herein required to be paid, the board shall imuediately
notify, in writing, both the County Treasurer of the County of
Oakland and the governing body of such municipality of such def
and the amount thereof, and if such default is .....corrected
within ten (10) days after such notification, the county treasurer
or other county official charged with disbursement to 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 pursuant to Article
Section 23 of the Michigan Constitution, is by these presents
specifically authorized by such municipality to withhold sufficient
funds derived frm sal es tax levy and returnable to such
municipality- as may be in default, and to pay said 7u7p so with-
held to the board to apply on the obligation of such defaulting
municipality as herein set forth. Any such moneys so withheld
and paid shall be considered to have been returned to such munici-
pality within Idle meaning of Section 23, Lrtiele X of the
Hichigan Constiution, the purpose of this provision being solely
by each of the municipalities that the merits required to be 1,5
be
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
each of the municipalities to make payments in the manner and at
the times required by this contract. It is specifically recognized
made by it pursuant to the terms of this contract are to be pleclged
for the payment of the principal of and interest on bonds to be
ued by the county, and each of the municipalities covenanta
and agrees that it will make its required payments to the board
promptly and at the times herein specified, if such bonds are
issued, without regard as to whether the project herein contem-
plated is actually completed or placed in operation.
10. After completion of the project and payment of all
costs thereof, any surplus remcining from the sale of the bonds
therefor shall be used to pl=hase such bonds on the open market
and in such event the contract obligation of each of the munici-
palities in respect to the project shall be reduced by its share of
the principal amount of bonds so purchased, said reduction to be
applied as to year, in accordance with the year of the maturity
of the bonds so purchad. Any bonds so pulased s
cancelled,
11. If the proceeds of the sale of the original bonds
to be issued by the county for the project are for any reason
insufficient to complete the project in accordance with the plans
and specifications therefor, the board shall, if necessary, sub-
mit to the board of supervisors of Oakland County a resolution.
providing for the issuance of additional bonds in an amount
necessary to provide funds to complete the project in which event
the duties and obligations of the board and the municipalities 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 municipalities in the manner specified in para-
graph 8 of this contract, shell be based upon the aggregate amount
of bonds outstanding. In lieu of the issuance of such additional
bonds, any other method may be agreed upon by the county and
municipalities to provide the necessary funds to complete the
project.
12. The Village of Novi, pursuant to the authorization
of paragraph (2), Section 12 of Act 185, blic Acts of 1957,
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 1962, levy
tax in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay its
obligations under this contract becoming due before the time of
the following 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 the next tax
collection period, then the annual tax levy may be reduced by
such amount. Such other funds may be raised in the manner pro-
vided in said paragraph Section 12 of Act 185, Public Acts
1957, or any am&nlaents thereto. eN.5: A
13. The Township of Novi, pursuant to the authorization
of paragraph (2), Section 12 of Act 185, Public_ Acts . of Michigan,
1957, as amended, pledges its full faith and credit for the prompt
and timely payment of its obligations expressed in this contract,
and subject to the limitations upon the taxing power imposed by
Section 21, Article X of the Michigan Constitution an4 any lawfully
voted increase thereof, and the provisions of the Tax Allocation
Act (Act 62, Public Acts of Michigan, 1933, as amended) shall
each year, commencing with the year 1962, levy .a tax in an amount
which, taking into' consideration estimated delinquencies-in tax
collections, will be sufficient to pay its obligations under this
contract becoming due before the time of the following year's tax
collections: FROVIDED HOW=7 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 said contractual obligations falling
,.lue prior to the next tax collection period, then the annual tax
levy may be reduced by such amount. Such township further
covenants and agrees that to the extent tax levies, by virtue of
the above constitutional and statutory limitations, are not
sufficient to provide funds to meet its obligations unde -r this
contract, that it will, from time to time, raise sufficient sums
to pay its obligations by use of one or more of the methods
authorized by the provisions of paragraph (2), Section 12 of Act
185, Public Acts of Michigan, 1957, or any amendment thereto.
14. This contract is contingent upon the county issuing
its negotiable bonds as set in subdivision (c) of para-
graph 4 of this contract, to defray the estimated cost of the
project, which bonds shall be issued under the authorization pro-
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vided in paragraph (1), subparagraph (b), Section 11 of said Act
135, Public Acts of Michigan, 1957, as amended.
15. The county, subject to the terms of this contract
shall operate and maintain said Huron-Rouge System and upon
completion of the project, shall accept for transportation and
disposal the sewage from the area to be served. Each of the
municipalities shall, however, be limited in the amount of sewage
to be delivered to the Huron-Rouge System by the maximum rate of
flow specified to each in paragraph 6 of this contract, and after
such maximum rate of flow has been reached, the county shall per-
mit no new lateral sewers to be connected to the sanitary sewers
of th 7itt=on-Rouge System, or to any sewer connected directly or
indirectly to the sanitary sewers of such system except and until
the same have been extended or enlarged as herein provided. Each
municipality shall av2 the right to use the capacity in the
Huron-Rouge System allocated to it under the provisions of this
contract, or of any supplement hereto, within their respective
corporate limits as now or hereafter established. Any municipality
which is a party to this contract may by agreement with any other
municipality which is a party to this contract assign any part of
its allocated maximum rate of flow (c.f.s.) to such other munici-
pality upon such terms and conditions as may be agreed upon, and
subject to the approval of the board, provided, however, that such
assignment and agreement shall in no way effect, change or in any
way diminish the obligations of such municipalities as set forth
this contract.
16. In addition to the payment of the obligation for the
municipal cost of the project heretofore specified in this contract,
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each of the municipalities shall pay to the county such charges
for sewage disposal services as shall be established by the board
from time to time, Yhih charges shall be sufficient to provide:
For all costs of operating and maintaining.
the Hurom-Rouge 7stem, including the cost
of sewage disposal services through the
Rouge Valley Sewage Disposal System in
Wayne County.
For the establishment and maintenance of a
fund in such amount as shall be determined
by the board, for the repair, replacement
and improvements of the physical assets of
the Huron-Rouge System
(c) For any other proper costs and expenses
relating to said E=on-Rouge System or the
financing thereof.
17. Service charges by the county for sewage disposal
shall be made to each municipality upon the basis of a schedule
rates and charges promulgated from time to time by the board.
Any rates an-2 charges specified in any such schedule shall be
subject to increase by the board at any time if necessary in order
to provide funds to meet the obligations expressed in paragraph 16
of this contract.
18, The charges for sewage disrosal services shall be
payable monthly or quarterly as shall be determined by the board.
If either municipality does not pay its sewage disposal service
charge on the data when the same becomes due, then there shall be
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added to such charge a penalty of one per cent (1%) for each
month or fraction thereof for which the same remains unpaid. The
payment of such sewage disposal service charges for each munici-
pality shall be the general obligation of such municipality, and
the board shall have the right to utilize any method permitted by
law for the collection of such charges due the county under this
contract.
19. Each of the municipalities reserves the right to
establish rates to be collected from its individual users in an
amount sufficient to pay its sewage disposal service charges to
the county when due. Such rates may be fixed and established in
such amount as will produce additional moneys for such municipality
to be used for any lawful purposes, pertaining to sewage disposal
or to sewage disposal and water supply in event of a joint
municipal system.
20. It shall be the obligation of each of the munici-
palities to provide the necessary sanitary sewers to transport
its sewage from the district to be served to the Huron-Rouge
System except for such additional trunks and branches as shall
hereafter be constructed by the county as herein provided, All
connections to the sanitary sewer interceptors of the Huron-Rouge
System made during the construction of the project, or after the
completion thereof, shall be made by the municipality so connect-
ing, at its expense, after first securing a permit therefor from
the board. No municipality, under this contract, shall construct
or permit the construction of any sanitary sewer in the area to
be served by the Huron-Rouge System, which does not connect directly
or indirectly to the Huron-Rouge System, or construct or permit
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the construction of any sewage treatment plant or facility within
such area without the approval of the board.
21. The project shall be designed and constructed so that
areas being served at the time of the execution of this contract by
combined sewers may continue to be served by such combined sewers.
Consistent with the foregoing provisions, the Board of Public Works
shall establish general regulations controlling the discharge of
combined swage into the Huron-Rouge System. Each of the munici-
palities expressly agrees that, except as permitted by such regula-
tions, no storm water sewers shall be connected directly to the
sanitary sewers of the Huron-Rouge System, or to any sanitary sewers
connected, directly or indirectly, to the sanitary sewers of said
Huron-Rouge System. Each of the municipalities agrees that regula-
tions or ordinances will be adopted and enforced which will prevent
the connection of roof drains and footing drains or weep tiles to
any sewer connected directly or indirectly to the Huron-Rouge
System. The board does expressly agree that except for those areas
now served by combined sewers, it will prohibit the entry of any
storm waters into the Huron-Rouge System coming from sewers or other
systems under the control of any public corporation or agency there ,
of, and that it assumes all responsibility for policing said system
so as to prevent the entry of storm waters into the said system.
22. The board shall have the right to deny the Ilse of the
sanitary sewer interceptors of the Huron-Rouge System to any munici-
pality which shall be delinquent for z period of ninety (90) days in
the payment of any of the payments or charges due from it to the
county while such delinquency continues. The foregoing may be
accomplished by blocking off the sewers discharging sewage directly
or indirectly, into the Huron-Rouge System, or by any other lawful
means.
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23, Each municipality shall be responsible for the
character of the sewage originating therein and shall comply with
'toard's standards and regulations controlling the discharge
of industrial and/or commercial type wastes into the Huron-Rouge
System. If the character of sewage contributed from any munici-
pality shall be such that it imposes an unreasonable additional
burden upon the Huron-Rouge System, then an additional charge
shall be made over and above the regular service charge, or it
may be required that such sewage be treated before being emptied
into the Huron-Rouge System, or the right to empty said sewage
into the Huron-Rouge System may be denied, if necessary, for the
protection of the said system or the public health or safety
24, The county and the municipalities 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 each of the municipalities to the making of its
payr.)ents as set forth in this contract, 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 or the prompt payment of
principal or interest thereon, The municipalities and the board
further covenant and agree that they will each comply with their
restive duties and obligations under the terms of this contract
promptly, at the times and in the manner herein set forth, and
,..T.113 not suffer to be done any act which would in any way impair
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the said bonds, the security therefor, or the prompt payment of
principal and interest thereon. It is hereby declared that the
terms of this agreement insofar as they pertain to the security
of any such shall be deemed to be for the benefit of the
holders of said bonds.
25. This contract shall become effective upon approval
by the legislative body of each of the municipalities, by the
board of public works c rand County, and by the board of
s'...pervisors of Oakland County, and duly executed by the authorized
officers of each of the zunicipalities and of the board of public
works. It shall terminate fifty (50) years from the date of this
contract. This contract 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 WHEREOF, 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.
COUNTY OF OAKLAND
By its Board of Public_ Works
By
ecretary
-20-
TOWNSHIP OF NOVI - VILLAGE OF NOVI
lerk Villa
By
Superviso
13y
ident
By By
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 Contract as
they may deem advisable.
Vote on motion:
Ayes:
Alward, Archambault, 44eemer, Beeeller„ Bloe, Bonner, Calhoun, John Carey, Charteris,
Cheyz, Clack, .aftrk0:011, Cummings, Davis, Oemute„ Dewan, Dickens, J. W. Duncan,
WM. Duncan, Durbin, Edward, Edwards, &art ) 4veee„ 41,4d„ Gabler, Goodspeed, Hall,
Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, itAivv—iik1411 Hulet, Hursfall„
IAgag-abgal, Johnson, Kephart, Knowles, Lessiter, Le*47 Levinson„ NLDonald„
Marshall, McCartney, McGovern, Menzies, Mercer, Miller, Mitchell, Noel, O'Donoghue„
Oldenburg, Osgood, Rehard, Remer, Rhinevault, Semann, Smith, Salley, Staman, Tiley„
Tinsman, Voll„ Webber, *abed, Yockey. (ri0)
Nays:
Nx*R1 Beecher, Frid. (2)
Absent:
Allerton, Beamer,43011te.eN4av Brickner, James Carey, Clarkson, Demute, Dohany, Forbes,
Fouts, WM. Hudson, Ingraham, Lahti, Levin, Love, Melchert, Moore, Potter, Roberts,
Slavens„ WOod. (20)
carried Motion