Loading...
HomeMy WebLinkAboutResolutions - 1962.11.07 - 19950, , 1".PR,661,E:N 7.1.kr,P LA:0 At a meeting of the Board of Super- visors of Oakland County held in the Supervisors Room in the County Office Building No. I Lafayette St. in the City of Pontiac, Michigan, on Wednesday, the 7th day of November, 1962, at fi):00 o'clock A.M. , Eastern Standard Time. ABSENT: (If this is a special meeting insert information concerning call of meeting.) November 7, 1962 €1-4:44;4,1 r e C CP:rn-c. Liar; plans and_ of of Lediec Gentlemen: A:t u Works of County cle4a on November 5 construction Zon pcztiniod to the cc ves oli Harry W. Horton Horton the ko7.1 copies of whdr::A Board: rrc jl ed L- 11 O a.,LL of this Resolution proposed by Oakland County Board of Public Works with respect to Farmington Sewage Dis- posal System-13 Mile Road Arm, Section 1. WHEREAS, the Board of Public Works has submitted to this Board construction plans and specifications for the 13 Mile Road ection 1, to the Farmington Sewage Disposal System 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 November 5,.192, did approve a form of Agreement to be dated November 1, 1962, between. the County of Cniand and the Township Farmington pertaining to the extension of the Farmington Sewage Disposal System to be knovn as 13 Mile Road Arm, Section 1, and the financing thereof, 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 said Agreement has been submitted to the said municipality for approval and execution; NOW THEREFORE E2 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 the fact of such approval and return same to the Board of Public Works. BE IT FURTHER RESOLVED, that the C.aairman and Secretary of the Board of Public Works be and they arc hereby authorized and directed, upon approval and execution of said Agreement by said municipality, to execute and deliver on behalf of said County of Oakland, said Agreement to be dated November 1, 1962, between the County of Oakland and the ToQn2:i_ of Farmington, which reads as follows: the establishment of the Farmington Sewage Disposal tam (herein yz District (herein called the ict") within which District lies AGREEENT FARPINTC SEWAGE DISPOSAL SYSTEM:- 13 =E ROAD LZIZ., SECTION 1 reement made this 1st day of November, 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 FARMING - TON, a Michigan township corporation in the County of Oakland, Michigan (hereinafter called the 'township), party of the second part. WITNESSETH: WHEREAS, the OaELand County Board of Supervisors by resolution, Misc. No. 3270, adopted August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1955, did approve is called the "System) to serve the Farmington Sewage Disposal all of the area of the Township of Farmington and other areas; nnd HEELS, pursuant 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 Oakland and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington, municipal cor- porations in said County of Oakland, the said county acting thru its Department of Public Works, did acquire the original Farmington Sewage sal System and di finance such acquisition by the provisions of said &green amended. Oerein referred to as the board of public works any cour Road Arm, Section 1, 1Depared. 54 Fox, Inc., 7, issufince of bonds in aticipatior of payments to be made by said r1=Lcipal corporations to the count. 7 in L'.cor(Ince with the 'Ba e Agreement"); and 185 of Michigan Public Acts of 1957, as amended, (herein referred to as "Act No 185) grants to the having a Department of Public Works the power to exte:',1d any syziem acquired pursuant thereto; and WITERE Township of FarmiT related facilities (ha ct,in;ci g,ai System in said ructicm. 1-Brtain sers and ;,o,2aetJa referred to as '13 Mile Road tm Section 1" or as projt") under the provisions of said Act No, 185 for the I collecting and disposing of sewage originating within that part of v.ae. said District located in said township and to finance $uch 13 Mile Road Arm, Section 1 by the payment to the county y the towaahip of the cost of said 11 Mile Road Arm, Section 1; end 7Faaizi,z, in order to acquire said 13 Mile Road Arm, Section 1, it is necessary ecr the county and the said township, parties hereto, to enter into tbi agreement; and WHEREAS, the Oakland County Depart=nt of Public Works (hereinafter somtimes referred as the "DPV) has obtained plans, specifications and an estimate of cost for the construction of said registered professional engineers, and a plan of the approximate route of said e Road Arm, tion 1, which is attached hereto hereto attached: Provided that said plans and cifications and The said 13 Section I, is designed for, project as set forth in Ethibit " attached hereto 4nd by this as Exhibit ".0 and by rnce made a part of thia agreement, THEREFCRE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows: 1. The county, pursuant to the provisions of Act No 13 shall acquire said 13 Mile Road Arm, Section 1, in accordance with the plans and specifications prepared by Main & Fox, Inc, registered professional engineers, Ohich plans and specifications are on file with both the townonip and the 777 and have been identified by the signatures of the supervisor of the township and the director of the DT, the location of which. ilrm is set forth in said Exhibit "A' said location may be altered if approved by. the town1,4,p board and the DPW: and shall be used sanitary sewage only the collection and transperf7,a0Lon of The 7,c.'7,7ns:h?r, shall pay to the county en aggregate amount equal to the cnpitel cost of Said 13 de Road L=, Section 1 , payable in cash in full at or prior to the letting by the .:cu-f;:y of a construction contract for said 13 Oile Road Arm, Section amount so paid by the township shall be the estimated cost of the The reference made a part hereof, or such amended estimated cost as shall be deterTIned upon the basis of the construction bids received and other items of cost actually incurred or contracted for at or upon demand, the amount of all reasonable adminis .!7-r2t, a prior to the time of such payment, less the amount of any Federal grant received by or offered to the County at or prior to the time of such payment by the township. 4. The term 'capital cost'' as above used, shall include: (a) The cos of any lands or rights therein, which are neessary for the system. (b) The cost of physical structures and equipment. (c) Architectual, engineering and legal fees. (d) ,Lecistrative 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 obtaining of the aforesaid plans and specifications and estimates of cost, the obtaining of constlucon tlds based thereon, the preparation and processing of ths agreement to obtain the requisite approvals thereof, the preparation and r=cessing of an ation for a Federal grant under the tccelerated Public Works Program, and the performance the administrative and legal functions necessary to such actions, until such time as the payment herein provided is madc by the township- In the event the tawnship does not make such ..a.yent within thirty (30) days after the receipt by the county of notification of a Federal grant, 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 forthith app ing arld legal ,.:pa.nses, disbursements and fees actually incurred by the county in connection with this project such amount not to exceed, however, the =a of Th -irty Five 7hcusand Dollars ($35,000). ';,711en the payment herein provided is made by the t(7.7.7 the coun shall enter into the construction contract, shall accept the Federal grant, shall supervise the construction of the project and shall complete, operate and maintain the 13 Mile Road Arm, Section 1, as part of the System for the purpose of rendering sewage disposal services to the township. Said 13 Mile. Road Arm, Section 1, being an extension of that part of the Farmington Sewage Disposal System heretofore constructed and being a part of the ultimate county sys tem to serve the Farmington Sewage Disposal District, the provisions of the Base Agreement shall continue in full force and effect and be applicable to this 13 Mile Road Arm, Section 1, and, in particular without limiting the generality of the foregoing, such provisions shall be applicable to this In Nile Rod Arm, Section 1, insofar as connections, connection charges, serviee Co indiictual users, service charges, maintenance, maintnance charges, operation and limitations on use are concerned, It is understood that the town- ship shall raise the funds necessary to maLe the payment to the county as herein provided by contract with connection and ready to serve charges against, or assessments levied upon the gwners and/or properties to be served by the 13 Nile"ond. Arm, Section 1, The said. 13 Nile Road irm Section l, is designed at its point of connection to the Farasten Interceptor of the System and in the portion thereof to be acquired pursuant to his agreement so that by proper extensions said Arm will serve, as a maximum, the follow- ing described area: Bloomfield g7 14, Section 2 Sertion 29, West B1oci. t1c7(yNn3h1p, The S of Section 3{, All of Section 31, West Bloomfield Township. All of Section 32, West Bloomfield Township. All of Section 33, West Bloelaficicl Tonship, except the N 210 ft of the That part of Section 5. -Nest Bloomfield Town- ship 1Y6 Sly of a Line dosoribed as comming at a point the East 1:1r5 of said Section, ft N ci tt2U cornei; t:71 W 990,0 ft; -eh io N 775 ft; th 1650 ft to the N-S lie; S section line ft; th N 1220 ft 7 t±1 to a point 210 ft the N line c i section; to W on a line 210 ft S of al-1 parallel to the N section line W line of 5ald section. Iht. part of Section 35, West Bloomfield Town- lying S and Wly of a line described as nntug at the Wk, corner of Section 35; th E 660 ft; th S 2240 ft; th E 259 ft; th S 433 ft to S line of Section 35, West Bloomfield To., That part of Seoi771 2, Farmingto-o. Township lying Wly of a 11u:2 decribed as bog:Lnning at a point on thi5 line of Section 2 distant 260 ft W of SE section corner; th N along a line 260 ft 7 of and parallel to the E section line to the S 1/8 line; th W 254 ft; th N to ne line of Northwestern Hwy; th JWly along the N lint o.f Northwestern U .y._to a point dist N 0S"440 : 1174.50 ft and - 1220" E 491,2Z Ft t:com the -N-4 corner of Section 2; th N i')12'20" W 491.28 ft to the N line of Section 2, Farmington Township.' Section 3, Farmington Township, h 1 of 5cr on 4 .7.to ship, All of Seion 5, Tzf_ngton Township. properties not in said erties within such area shall be That rLI: of Section 6, Farmington Township lying Ely and Nly of a lin•e described as beginning at a noint on the W line of Section 2, said point being 500 ft S of the NW corner of Suction 6; th E approx. 1320 ft to the W 1/8 line of Section 6; th S along the W 1/8 line to the east-west k line; th E to the E line of the 7 100 acres of the SW ,1/4 of Section 5; th S 2100 ft: th E to the E line of the W 8 acres of the SE k, Section 6; th S to the 3 line of Section 6. The E 1450 ft of the N 33,25 acres of the E 130 acres of the NE Section 7, Farmington. Township That part of Section 8, Farmington Township lying Nly of a line described as. beginning at a point on the W section line 11a90 ft S of the NW section corner; th N 1•3635 ft; th S to the N line of the S 12 acres of the E 1/2 of Section 8; th E to the north-south line; S to the center of Section 3; th E along the line to the E line of Section 8, Farmington Township. The N -1/2 of Section 9, Farmington Township. The N o• the W 1/2 of the M.7 3/4, Section 10, Farming ton TerFP3s'lip; also the E 8:30 ft of the NE .3.4 of the NE k of Section 10; and also the E 5 acres of the N 1/2 of the SE of the OE Section 10, Farmington TosLip. That part of Section 11, 7azmington Township lying northerly of a line described as beginning at a point on the W section line 1675.88 ft S of the NW corner of said section; th E 132,70 ft; th S to the centerlin,, of 3urbank St.; th E along the centerline of Burbank t. to the W line of Super- visors MUer Estates #1 Sub; th N to the :77 corner of Supervisors Estals ,2.s #1 Sub; th E along the N line of said subdlvision to the north-south line; th N to the NW corner of Holly Hill Farms #4 Sub; th E along the N line of Holly Hills Farms #4 Sub. and Holly Hill Farms Sub. to a point ft W of Section line; th N on a line 260 ft W. of and parallel to the E section line to the N line of Section 11, Farmington To7 ,4=4hip. No connections a11. be permitted by the township or county of connected to the 13 Nile Road Arm, Section 1, or to said Farmington nterceptor only upon terms and cc -ndiions as prescribed by the -7 county within the townsh -ip shall liable, to the same extent a public works and board ' supervisors of Oakland County and pro- rt- township in addition to the tezme, and conditions prescribed in the Base hgreament, which terms and conditions shall be 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 sawaT;c emanating therefrom shall be approximately e:qual. 7. Neither the township or the county shall permit the discharge into said 13 =Jalt: Road Arm, Section 1, of any sewage in violation of the Base Agreement. S. Inc LaTi;us-.. — u.p consents to use by the county the public streets, alleys, lands and rights of way in the township for the purpose of constructing, operating and maintaining the 13 Mile Road Arm, Section 1, and of any impravemeta, enlargements and extensions thereto. The township reaffirms its covenant and warrant that all sanitary sewage originating in said township shall be delivered only to the System, including extensions thereto, for transportation therein and ultimate disposal. Lands (cthr than highways) owned by or J:urisdiction of the township or the privately owned lands, if sanitary sewage emanates therefrom, to pay the charges for sc7ge 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 perly executed by the =ccrs of the tgwnship and of the board of bile works. This agreement shall terminate w.hr.2r, the Ease ment terminates, subject to the provisions of pa ragraph 5. abovc., ""'O'" By IN WITNESS TOIEREaF, the parties oto 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 er-,--pv OF OAKLAND °- W„" By its Board of Public ,.,..1-s uncirman Scretary TOWNSHIP OF -:F/A:.-..T=ON By Supervisor 9 471: (6- CIP -E. .F. if 17 „ $ 7 ,F -J).00 22,00 P, E- Ootv 7.28,T7.1,1:A.TE OF COST ARM, Of ,asefulnezs of the above prolc:ct Zo. bo BE IT FURTHER RESOLVED, that the officers of the Board of Public Works are authorized to execute and deliver such number of on inal copies of said Agreement as they may deem advisabic inoved, tion o:L 4Aawa 0 - tion. .:7,ed by On roll call the reeelution was adopted by the following vote-. ,1,1 CI 7,7f ,n Li N -1111EMENI MOM- = Iff&Eg t 1. \ 1\it. I /€70 L. J L < 44 1 tki qi NNik. kk1 10 ''•%>,1141 kk) tf 4 • 14,1 4. (.15-/