HomeMy WebLinkAboutResolutions - 1962.11.07 - 19949meeting of the Board of
Supervisor ntv held in the Suoervisors Room in
T:
the County Office Building, No I Lafayette Street in the City of
Pontiac, Michigan, cn. .dnesday the 7th day of Novethber, 1962, at
Oe
01(J0 .-o'clock A.M., Lern Standard Time
.=T;SENT:
A
If this is a special L,Iting, insert notices and affidavits pertaining
) call of the special .,:eeting.)
Re: Farmington age Disposal System - Tarabusi Industrial An
Arm and estimates of
an Agreement b
Farmington pertai
Arcs, were reviewed
ness and such
offered the following resolution Mr. Horton
November 7, 1962
Miscellaneous -.R8o1ution No.
Submitted and rec.Dmmeladed by d of Public WrIzs
Submitted by Mr. Horton
Mr. Chairman, Ladies .d Gentlemen:
At a meeting of the Board of Public Works of Oakland
County, held on Noier 5, 1962, construction plans and specifica-
tions for the Farmi e. Disposal System - Tarabusi Industrial
to the Board of 5
the cost and period of usefulness thereof, and
the County of Oakland and the Township of
o the acquisition of the Tarabusi Industrial
approved by said Board and ordered submitted
parvsors for approval.
P:.rant to said resolution, I now submit such construction
plans and speiti c. Ions and estimates of cost and period of useful-
Harry 4.V. Horton.
copies of which wel:e previously mailed to all members of this -Lo:,Ird:
Resolution proposed by Oakland
County Board of Public Works with
respect to Farmington Sewage Dis-
posal System - Tarabusi Industrial
Arm
VEEREAS, the Board of Public Works has submitted to this
Board construction plans and specifications for the Farmington
Sewage Disposal System - abusi Industrial Arm and estimates of
cost and period of usefulness thereof, prepared by Spalding
DeDecker & Associates, registered professional engineers,
which have been approved by the Board of Public Wor%s; and
HEREAS, the Oakland County Board of Public Works on
November 5, 1962, did approve a form of Agreement to be dated
November I between the County of Oakland and the Township of
Farmington for the ex .cion of the Farmington Sewage Disposal
System to be known as the Tarabusi Industrial Arm, and did authorize
the Chairman and Secretary of the Board of Public Works to execu
said Agreement subject to the approval of this Board of Supervisors;
and
WHEREAS, the :?:ove mentioned township constitutes the
only party needed to contract with the County for 100% of the cost
of the project; and
wiiiarzAs, the said Agreement t':.as 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 use-
fulness 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
the Board of Public Works be and they are hereby authorized and
directed to execute and deliver on behalf of said County of Oakland,
as amended
an Agreement/to be dated November 1, 1962, between the County
Oakland and the Township of Farmington, which reads as follows:
46, (2,T,'.EEI:ENT
FARMINGTON SEWAGE DISPOSAL SYSTEM-
TARABUSI INDUSTRIAL Aii&I
This a greement made this 1st day of November, 1962, by
and between the COUNTY OF CAKLLND, a Michigan county corporation
(hereinafter called the 'county), by and through its board of
public works, party of the first part, and the TCISHIP OF
FAFTv7N1.74T ,m,,7 Ichigan township corporation in the County of Oakland,
H Michigan (hereinafter called the township), party of the second
part.
WITNESSETTI:
WHEREAS, the Oakland County Board of Supervisors by
, 4_ resoiuL.i.on, plisc, No ,;2] 'opted August 12, 1957, as amended
by resolution, 1 ,1isc. No 1339, adopted Jo, !Lary 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
all of the area of the Township of Farmington on io,t:.ler areas; and
WHEREAS, purnuant to the Farmington Sewage- Disposal System
Agreement, dated November 1, 1957, as amended by amendatory agree-
ments dated December 22, 1958 and February 9, 1959, all between
the County of CA31and and the Cities of Southfield and Kecgo Harbor
and the Townships of West Bloomfield and Farmington, municipal
corporations in said County of Oakland, the said county acting thru
its Department of Public Works, did acquire the original Farmington
Sewage Disposal System and did finance such acquisition by the
WEEREAS. Ac . 185 of the. 'i,11.:higan ,,cts of 1957, Ijr
township, parties hereto-, enter into this agreement; and
issuance of bonds in anticipation of payments to be '.riiE.(ie by said
municipal corporations to the county in accordance with the
provisions of said agreement, as amended (herein rearred to as the
"Base Agreement"); and
as emended, (herein referred to as 'Let No 105) grants to the
board of public works in any conty having a Department of Public
Wor!:::s the power to ext2nt: any system acquired pursuant thereto; and
WHEREAS, it is necessary to extend said System in said
Township of Farmington by the construction of certain sewers and
related facilities (hereinafter c.m::Lm.es referred to as 'Iarabusi
Industrial Arm o the 'pro:ect") under the 1.:zsions 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 TarLbuzi 7r:r.IdEtrial Arm by Federal
grant, if available, and by the p.::.7Te-nts to the county by the town-
ship. of annual installents aggregating the cost (less the =cunt
of any Federal grant) of said Tarabusi Industrial Arm, with
interest, in anticipation of which payments the county will issue
bonds pursuant to sore Lot; and
UEEREAS, no other municipality in the Farmington Sewage
Disposal District will be affected by the conservation of said
Tarabusi industrial Arm at this time; and
in order to acquire said Tarabusi Industrial Arm fl
and issue such bonds, it is necessary for the county and the said
WHEREAS, the Oakland County Department of Public Works
(hereinafter sometimes referred to as the "DFr) has obtained plans,
specifications and an estimate of cost for the construction of
said Tarabusi Industrial Arm, prepared by Spalding, DeDecker &
Associates, registered professional engineers, and a plan of the
approximate route of said Tarabusi Industrial Arm which is attached
hereto as Exhibit "A" and by this reference made a part of this
agreament.
THEREFORE, r
HERETO, as follows:
HEREBY AGREED BY ',ND BETWEEN THE PARTIES
1. The plans and specifications for the Tarabusi
Industrial Arm as prepared by Spalding, DeDeeker & Associates,
registered professional engineers, are hereby approved and adopted
in the form initialed by the parties hereto under the date hereof,
i the estimate of cost thereof is approved and adopted in the
amount of $806,000 as set forth on Exhibit "B" hereto attached.
The said Arm shall consist of sewers located approximately as
forth and generally shown on Exhibit "A" hereto attached. The said
plans and specifications and estimate of cost shall be submitted to
the county board of supervisors, together with an ordinance or
resolution approved by the Oakland County Board of Public Works,
providing for the issuance of bonds by the county as hereinafter
provided, in an aggregate principal sum not exceeding the amount
of the capital cost as hereinafter defined less the amount of any
Federal grant which may be offered to either party h=eto in con-
nection with such project. If such bond ordinance or resolution
shall be adopted by said board of supervisors, then the DPW shall
3-
for, the collection and t,:ltion of sanitary swage only.
The town SH shall pay to the co ,. to cover the
mital cost of the usi Industrial Arm, a sum equal to the
711,71y be received by either y hereto E to the c apita
procciA to acopt any Federal grant offered, to secure bids for the
construction project, to secure bids fo7 . the purchase of the
. bonds, to award th construe altracts and to issue te bonds,
and shall cause project to be constructed within a re a sonable
time thereafter.
2. The. iid Tarausi Industrial E,..rm (herein sometimes
referred to as the -proje:c designed for, and shall be used
Said project may he divided into sections by the DPW for purposes
of construction and the letting of conr7truction contracts,
an extension o that part of the
e Disposal System heretofore constructed and being
a part of the ultimpte county system to serve the Farmington Sewag
Disposal District, as enlarged, the provisions of paragraphs 3 thru
5 and 11 thr -J of the Ease Agreement shall continua in full force
and effect n:twithstanding this agreement. No areas not in the
township shall be served by or connected to said Arm except by
agreement of the parties hereto in writing. The county or the
township shall not permit the discharge into said Tarabusi
Industrial Arm of any sewage in violation of the Base 4reement.
ital cost thereof less the mmount of onv Federal ,rant which
cost of the An).
,„ ,
11,0, cost" CS above; us ,„;,.1, snail inc lude all
-4-
changes thereto arv..! an other or additional items a cost,
Exhibit "B agred to !!7,y the ties hereto, incurred by the coun
in acquiring and consi e Ing
-1 E. by the ta ,.ount to
time. shall bear 1964, and all amounts toreof from
items of cost set forth in Exhibit attacLic.2. hereto and any
similar type or nature, as may he set forth in any revision of
divided into 20 annual ins
their maturities The aicco
Exhibit 'C" hereto attached
of. Said installments shall
bared in direct order of
of each installment is set forth in
this reference made a part here-
be due in consecutive numerical order
on the first day of April in each beg -innin with the year
interest from April 1, 1963, at the rate of 6% pa i annum until paid,
payable on April 1, 1964, and on the first day of April in each
year thereafter If the amount of 1..2 .L ,,irest due on April 1 of any
year on unpaid installments, shall be collected by the county in
excess of the amount of interest which. tho cnty shall be required
to pay upon its said bonds prior to next contract principal
installment due date, then any such aLcess in the amount so paid
after deducting the annual teas and e:Lpenses connected with the
payment of said bonds, shall be credited pro :!.1 .cr to the township
in accordance with the seven71 mounts of interest paid by it in
such year,
uecom -....ncz clue.
all be.. applied on the next interest
If the township sha ll fail to pay any installment
or interest when
shall be subiroct to 2
o ,Ymes due. then th ,e amount ther e of
in addition to interest, of 1/2 of
n for each month or fracom the.raof that the same remains unpaid
after the due date. The moy nny in advance of maturit
county bonds issued in antici;.atio to be made under nn71,
6, The instaI77,
upon
Federch. grant, ban such surplus shall be us purchase
all or any part of an ,Trda'.hal instsilimert by sur=ding to L]
this contract, of a like prj„ncpal amount meturinz in
calendar year, with all future due interest c,upn5 attached thereto.
Accrued int.c uoco. the „:2J:=t so-pal-d—uT-on any installment, and
accrued interest upon the bonds surrendered, shall be adjusted to
ame
the date of s and any differ,are shall be paid in cash,
All surrendered bonds and %7.0u2c.ms shall be canceled.
forth in Exhibit °C" are
Twznca for any Federal grant
TFeleral grrt liavo because cost the zmount of
td
not been determined. If a surplus of bond proceeds results because
the actual cost is less :han the estimated cost, or because of a
on the open and in such Cv2nt 'ht; instalLient from the
township in the year or in each of the in which the bonds so
purchased mature, shall. be reduced by the principal amount of such
bonds and the townsLp shall be credited accordingly. Any bonds so
purchased shall bf.:,1 can,e.eled In addition, the installments from
ownship shall be credited proportionately in each year to the
ent of the aggregate octul cost which is defrayed by a Federal ex
grant, ,.,Then the adjustL]..:nts described herein, if any occur,. are
finally made. a new schedule in the form of Exhibit 'C' hereto silo
that be prepared. Th
set forth in
of bonds If ie
,tiLaated cost above referred to shall
ad prior to the issuance
ual cost shall be greater tbon choe,:,17.imated
neicLo or as
cost, then the additional amount shall be allocated to the township
Levinson Rehard
Moved by , supported by
that the proposed agreement dated November 1, 1962 between the County of Oakland and
the Township of Farmington for the Farmington Sewage Disposal System-Tarabusi Industrial
Arm, be amended to the extent that paragraph 8 of said agreement will read as follows:
8. The county shall issue its negotiable bonds to defray the capital cost of
said Arm, which bonds shall be secured by the full faith and credit pledges of the township
under this agreement, as provided for in Section 11 of said Act 185, Public Acts of 1957,
as amended. Said bonds shall be issued pursuant to the provisions of said act and the
applicable general statutes of the state where not in conflict with said act.
AYES: Alward, Archambault, Beamer, Beecher, Bloe„ Brickner, Calhoun, James Carey,
John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Demute, Bowan,
Dickens, Dahany„ J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, EWart, Fouts, Frid, Geocbsp
speed, Hall, Hamlin, Heacock„ Hoard, Horton, Huber, Wallace Hudson, WM. Hudson, Hulet,
Hursfall, Jackson, Johnson, Kephart, Knowles, Lessiter, Levin, Levinson, Love, MacDonald,
Majer, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Miller, Mitchell,
Noel, 0 7 Donoghue„ Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Semann, Slavens,
SMith„ Solley, Tinsman, Voll„ Webber, Wood, Yockey. (76)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment Was adopted.
agreement, azicixw Ecza6Goif EkxxiexzNxxrxacvszix' xrnbaaocck-Ax` xac&x Ek21,d.c
provided for in lot= czoithocli6 *lc Sc.,, ion 11 of s 185,
and the several then remaining installments shall be increased
accordingly.
7. The nT:gr711 does hereby pledge its full faith and
credit for the prompt payment of the aforesaid obligations and shall
each year levy a tax an amount wtich taking into consideration
estimated delinquenci es tax collections, will be sufficient for
the prompt payment of any amount falling due before the time of the
following year's tax collection, unless at the time of making such
annual levy there shall be cash on hand (as provided for in para-
graph (2), Section. 12, of Act No 135, Public Acts of 1957, as
amended) earmarked for payment of the current obligations for
which the tax levy is to be made, in which case the annual tax
levy may be reduced by that amount. Funds for which credit may be
so taken, shall be raised by one or more of the methods set forth
in paragraph (2), Section 12 of said Act 185, Public Acts of 1957, as
now existing or hereafter amended, primarily by the exaction of
connection charges or by the levy of a ta pursuant to the increase
in millage authorized by the electors in the township on August
1962.
7 C. The county shall issue its negotia ble bonds to defray
the cap cst of said Arz-, -7,..!hch bonds shall be secured l!iximgc00(
by the full faith and credit pledges of the township under this
gzxwbe.pubec zadxrabbroucic:Dfx tk3
iii.b4s4xxxxvicx3.31xximxxzeociboutzxe.ixlmoof2cobtxxkazxthoofxxx>pouociazxx, as
-7-
11.
Acts of 1957, as ameTvle. Seld bonds shall be issu6 pursuant to
the provisions of said net and the applicable general statutes of
the statc th:..ete not in conflict with said act.
9. The provisions of this agreement shall not be
modified or te.-...m:Lnated so as to impair the security of any bonds
issued by the county upon the full faith and credit pledges of ne
township or the county. It is hereby declared that the terms of
this agreement insef7r as they pertain to the security of any such
bonds, shall be deemed to be for the benefit of the holders of said
bonds.
10, The Township of Farmington consents to the use by the
ands county of the public streets, all nu ;eights-of-way in
the township for the purpose of constructin, operating and main-
taining the Tarabusi Trndustrial Arm and of any improvements,
enlargements and extenoi7,ns tiaareto. The township reaffiras its
covenant and warrant .chat: all sanitary sewage originating in its
limits shall be d e livered only to the Far:Dington Sewage Disposal
System, including extensions thereto, for transportation therein
and ultimate disposal, Lands ,other than highways) owned by or
under the jurisdiction of the to ,nship or the county, located within
the -72±hgton Sewage Disposal District, shall be liable, if
sanitary sewage emanates therefrom, to the same extent as private
.J ' A* - owned lands, to pay the charges .J:or sewage disposal services with
respect thereto-.
DC1COM-C; effective upon being
approved by the Io';.,)7,:thiv. Board of the township and by the board
r.er
agreement to be executed and deliverc heir respective duly .
public. works and board of Eupzvisors of Oakland County and
executed by the officers of the township and of the board of public
works. This contract shall terminate when the Base Agreement
terminates.
IN WITNESS TTIYMEOF, t.17.f.i parties hereto have caused this
horized officers, oil as of the day and year first above written,
COUNTY OF 01,K17,=
BY ITS BOARD OF PUBLIC 4ORES
Bv
Chairman Chairman
retary
TOWNSHIP OF 17.2.jINOTON
BY ,
Supervisor
By
Township Clerk
#41 /-7'
=
to he
'IAMBUS. I IND US TRIAL 10.1,7
"TN SEVAE DISPOSAL S
C 2:0 ND ISSUE
?RE E MATURITY SCHEDULE
6
9
10
11
12
13
1 4
15
16
17
3,9
20
Princqwal
1 -0-
2
3 20,000
4 25,000
,000
40,000
45,0n
45,000
45,000
55,000
60,000
65,M1
65,000
70,000
Interest
$ 40,300
40,300
39,500
38,500
37,250
35,750
34,250
32,300
30,750
29,000
27,000
25,000
22,750
20,500
18,250
15,750
13,000
10,000
6,750
3,500
TotI
56,300
59,500
63,500
67,250
65,7:7)5
69,250
67,500
65,750
57,000
70,000
57,750
soo
68,250
70,750
73,000
71,750
,7n a4
IT FURTHEn RESOLVED, the officers c
of Public Works are nuthorized to execute and deliver such number
)riginal copies of said Agreement as they may deem advisable
moved the 1 -4 option of the
foregoing resolution. The motion was supported
On roll call th•-cesolution was adopted by the following vote:
Yeas:
Nays:
Absent:
Mr,
#4063
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