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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 5 (1,) \ 17.67 ! \ I _ 5