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HomeMy WebLinkAboutResolutions - 1962.12.13 - 19982SUGGESTED BOARD OF SUPERVISORS PROCEEDINGS RE SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM Mr. Calhoun, Chairman of the Drain Committee, presented to the Board of Supervisors the following communication from the Oakland County Drain Commissioner, to-wit: (here copy Drain Commissioner's communication) Mr. Calhoun also presented the maps and plans and the three contracts referred to in the Drain Commissioner's communica- tion. In respect to the supplemental agreement dated December 962 between the county and the several municipalities, Mr. Calhoun stated that the governing body of each of the municipalities had authorized the execution of said contract at the expiration of thirty days from the date of the publication of the authorizing resolution but that the resolution adopted by the Commission of the City of Troy was conditioned upon the Board of Supervisors including in its resolution approving said supplemental contract certain provisions which are contained in the following resolution, and that subsequent to said action by the City of Troy each of the other municipalities has requested the Board of Supervisors to make such inclusion in its resolution. Mi sc. 4072 Mr. Calhoun, Chairman of the Drain Cowaiittee, offered the following resolution which had been previously approved by said committee: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, N1CHIGAN, as follows: 1. That the County Drain Commissioner be and he is hereby authorized and directed to sign and deliver on behalf of the County of Oakland the supplemental contract dated December 1, 1962 between the county and the several municipalities in the Southeastern Oakland County Sewage Disposal District, authorizing the county to construct the so-called Dequindre Interceptor and connected siphon at the Red Run Drain of a size larger than originally contemplated, which contract also specifies the annual amounts to be paid by the municipalities under the contract of October 1, 1962 after giving effect to the Federal grant of t 2 $1,366,538,said contract to be signed in as many counterparts as the County Drain Commissioner may deem advisable. 2. That in consideration of the execution of said supplemental contract by the municipalities, the county agrees as follows: (a) That the County shall not dispose of any of the additional 80 c.f.s., made available by the enlargement of the so-called Dequindre Interceptor, unless agreed to by the legislative bodies of at least 757 of the municipalities, wholly or partly included in the District, but no such disposi- tion shall deprive any municipality within the District from purchasing for its own use any additional capacity which it may then desire to purchase, (h) That the proceeds of the sale of the additional 80 c.f.s., made available by the enlargement of the so-called Dequindre Interceptor, shall be distributed to the municipalities in proportion to each municipality's percentage of apportion- ment of the gross cost as indicated in Section 3 of the original contract dated October 1, 1962. The motion was seconded by Mr. and upon roll call was adopted by the following vote: Ayes: Alward, Bachert, Beamer, Beecher, Bloe, Bonner, Brickner, Calhoun, James Carey, John Carey, Charteris, Cheyz, Clac4, Clarkson, Cummings, Davis, Demute, Dewan, Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, EWart, Forbes, Fouts, Frid, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Hulet, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Major, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Mitchell, Moore, Noel, O'Donoghue, Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Semann, Slavens, Smith, Solley, Tiley, Tinsman, Voll, Webber, Wood, Yockey. (78) Nays: None. (0) Absent: Allerton, ArchaMbault, Cooley, Dickens, WM. Hudson, Johnson, Miller. (7) The Chairman declared the resolution adopted. tove Supervisor Calhoun, Chairman of the Drain Committee, offered the following resolution which had been previously approved by said Committee. 4073 Misc . BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the amended maps and plans prepared by Hubbell, Roth & Clark, Inc., indicating the changes necessary in order to increase the size of the Dequindre Interceptor to a diameter of 6' between the Fourteen and Twelve Mile Roads, 8' between the Twelve Mile *.ad and Muir Avenue and 9 between Muir Avenue and the connection with the Detroit sewer at Conant Road and Emery Street, be and the same are hereby approved and the County Clerk is hereby instructed to endorse said approval upon said amended maps and plans and return them to the Oakland County Drain Commissioner as the agency of the county in respect to said system. 2. That the County Drain Commissioner be and he is hereby authorized and directed to sign and deliver on behalf of the County of Oakland the supplemental contract dated December 1, 1962 between the County of Oakland and the City of Detroit in respect to transportation rights in certain Detroit sewers and also the supplemental contract of the same date between the same parties for the treatment of sewage from the Southeastern Oakland County Sewage Disposal District, said contracts to be signed in -4- such number of counterparts as the County Drain Commissioner may deem advisable. 3. That the action of the County Drain Commissioner in accepting the second Federal grant of $1,377,671 under the Accelerated Public Works Act be and the same is hereby confirmed. 4. That the action of the County Drain Commissioner in advertising for proposals for the construction of the Dequindre Interceptor and connected siphon of the larger size as shown on the amended plans and specifications as well as of the size shown on the original maps and plans, be and the same is hereby ratified and confirmed. Hoard The motion was seconded by Mr. and upon roll call was adopted by the following vote: Ayes: Alward, Bachert, Beamer, Beecher, Bloc, Bonner, Briekner, Calhoun, James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cummings, Davis, Denute, Dewar, Dohany, j.W.Duncan, Wm.Duncan, Durbin, Edward, Edwards, Ewart, Forbes, Fouts, Frid, Gabler, Goodspeed, Hagstron, Hall, Hamlin, Heacock, Hoard, Huber, Wallace Hudson, Hulet, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Mitchell, Moore, Noel, 0/Donoghue, Oldenburg, Osgood,Potter, Rehard, Berner, Rhinevault, Senann, Slavens, Sthith, Solley, Tiley, Tinsman, Voll, Webber, Wood, Yockey. (77) Nays: None. (0) Absent: Allerton, Archambault, Cooley, Dickens, Horton, Wm. Hudson, Johnson, Miller. (8) The Chairman declared the resolution adopted. Misc. 4074 Mr. Calhoun, Chairman of the Drain Committee, offered the following resolution which had been previously approved by said Committee, to-wit: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the County Drain Commissioner be aid he is hereby authorized and directed to accept construction bids for the construction of improvements, enlargements and extensions to the Southeastern Oakland County Sewage Disposal System with the Dequindre Interceptor having a diameter of 6' between Fourteen and Twelve Mile Roads, 8' between Twelve Mile Road and Muir Avenue and 9' between Muir Avenue and the connection with the Detroit sewer at Conant Road and Emery Street, and with the siphon at the Red Run Drain also of the larger size, all as shown in the amended maps and plans this day approved by this Board. 2. That the Southeastern Oakland County Sewage Disposal System project to be financed in part by the sale of $5,405,000 Southeastern Oakland County Sewage Disposal System Bonds, to be dated January 1, 1962, shall be deemed to be the original project but authorized by this Board on November 7, 1962/with the said Dequindre interceptor and siphon of the larger sizes as shown on said amended maps and plans. -6- 3. That the grant of $1,366,538,63 under the Federal Water Pollution Control Act and the grant of $1,377,671 under the Federal Accelerated Public Works Act, be applied towards the construction cost of the project as so enlarged, the said enlarged project having been approved for said grants by the proper Federal authorities. 4. That this resolution shall become effective upon the execution of the supplemental contract dated December 1, 1962 between the county and the several municipalities, the execution of which on behalf of the county has this day been authorized. Forbes The motion was seconded by Mr. and upon roll call was adopted by the following vote: Ayes: Alward, Baehert, Beamer, Beecher, Bloe, Bonner, Brickner, Calhoun, James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cummings, Davis, Demute, Dewan, Dohany, J.W.Duncan Wm.Duncan, Durbin, Edward, Edwards, EWart, Forbes, Fouts,_Frid, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Hulet, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Mitchell, Moore, Noel, OlDonoghue, Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Semann, Slavens, Smith, Solley, Tiley, Tinsman, Von, Webber, Wood, Yockey. (78) Nays: None. (0) Absent: Allerton, Archambault, Cooley, Dickens, Wm. Hudson, Johnson, Miller. (7) The Chairman declared the resolution adopted. 7- December 12, 1962 HOWARD V. RUMMELL Accounting Supervisor ROBERT 3. EVANS Psity Commissioner OAKLAND COUNTY DRAIN COMMISSIONER 550 SOUTH TELEGRAPH ROAD PONTIAC, MICHIGAN FEDERAL 8-4585 DANIEL W. BARRY ROBERT M. McGINNIS Commissioner Chief Engineer Board of Supervisors Oakland County, Michigan In re: Southeastern Oakland County Sewage Disposal System Gentlemen: At your meeting on November 7, 1962 you took the following action in respect to said system: I) Approved maps, plans and specifications, and estimates of cost and period of usefulness of improvements, enlargements and extensions to said system. 2) Authorized the execution of the contract dated October 1, 1962 between the county and the municipalities served by said system, which contract provided for improvements, enlargements and extensions of the system and the financing thereof. 3) Authorized the execution of a contract dated November 1, 1962 between the county and the City of Detroit for transportation rights in Detroit sewers and a contract of the same date between the same parties for the disposal of sewage from the Southeastern Oakland County Sewage Disposal District, 4) Adopted a resolution authorizing the issuance of $5,405,000 Southeastern Oakland County Sewage Disposal System Bonds to be dated January 1, 1963. 5) Authorized the acceptance of a Federal grant of $1,366,538.63 for the project under the Federal Water Pollution Control Act. OAKLAND COUNTY DRAIN COMMISSIONER Board of Supervisors Page 2 December 12, 1962 At said meeting you also authorized the County Drain Commissioner, as agent of the county, to accept any future grant which might be made under the Federal Accelerated Public Works Act. Subsequently, on November 25, 1962 I received a letter dated November 23, 1962 from the Michigan Water Resources Commission enclosing a Federal offer of grant dated November 8, 1962 of $1,377,671 under the Accelerated Public Works Act. The matter of this grant and also the proposition of enlarging the Dequindre Interceptor was discussed at a meeting of representatives from the several municipalities on November 8, 1962. Since that time all of the municipalities have adopted resolutions authorizing the execution of a supplemental agreement between the county and the municipalities whereby the county is authorized to increase the diameter of said Dequindre Interceptor, provided the cost of the enlarged project does not exceed the original estimated net cost of $6,916,000 plus the said second grant of $1,377,671. This supplemental agreement also confirms the amounts to be paid by each municipality in accordance with the contract between the county and the municipalities dated October 1, 1962 after giving effect to the first Federal grant, the net amounts being those set forth in recital "J" of the bond resolution adopted by your Board on November 7, 1962. I am presenting this supplemental contract with the request that you authorize its execution. Construction bids were received on December 11, 1962 for both the original and enlarged project. The aggregate of the lowest bids on the project with the smaller size interceptor is $5,048,693.00 and with the larger size interceptor is $5,643,735.00. The additional capacity of 80 c.f.s. in the Dequindre Interceptor can therefore be secured for the difference of $595,042.00. Contracts have also been negotiated with the City of Detroit to be dated December 1, 1962 amending the former contracts of November 1, 1962 between the county and the City of Detroit (one in respect to flowage rights in Detroit sewers and the second in respect to the treatment of sewage) whereby the County of Oakland may purchase from the City of Detroit flowage rights in its sewers for all or any part of the 80 c.f.s, additional capacity of the Dequindre Interceptor and may secure sewage treatment for the same. I am presenting these supplemental contracts with the request that you authorize their execution. OAKLAND COUNTY DRAIN COMMISSIONER Board of Supervisors Page 3 December 12, 1962 Amended maps and plans have been prepared by Hubbell, Roth & Clark, showing the changes which will be necessary if the Dequindre Interceptor and connected siphon at the Red Run Drain are constructed of the larger size. Construction bids for the enlarged project received on December 11, 1962 were based on these maps and plans. I am presenting these maps and plans for approval by your board. The various resolutions which are necessary for the Board to adopt will be presented by the Chairman of the Drain Committee. Respectfully submitted, Danie rw„, .Barry County Drain'Commissioner as the agency of the County DWB:ss SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM December 13, 1962 Hr. Calhoun, Chairman of the Drain Committee, presented to the Board of Supervisors the following communication from the Oakland County Drain • ....issioner, to-wit: Mt. Calhoun also presented the maps and plans and the three contracts referred to in the Drain Commissioner's communica- tion. In respect to the supplemental agreement dated December 1, 1962 between the county and the several municipalities, Mr. Calhoun stated that the governing body of each of the municipalities had authorized the execution of said contract at the expiration of thirty days from the date of the publication of the authorizing resolution but that the resolution adopted by the Commission of the City of Troy was conditioned upon the Board of Supervisors including in its resolution approving said supplemental contract -- certain provisions which are contained in the following resolution, and that subsequent to said action by the City of Troy each of the other municipalities has requested the Board of Supervisors to make such inclusion in its resolution. MiSC* 4072 Mr. Calhoun, Chairman of the Drain Committee, offered the following resolution which had been previously approved by said committee: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the County Drain Commissioner be and he is hereby authorized and directed to sign and deliver on behalf of the County of Oakland the supplemental contract dated December 1, 1962 between the county and the several municipalities in the Southeastern Oakland County Sewage Disposal District, authorizing the county to construct the so-called Dequimdre Interceptor and connected siphon at the Red Run Drain of a size larger than originally contemplated, which contract also specifies the annual amounts to be paid by the municipalities under the contract,of October 1, 1962 after giving effect to the Federal grant of $1,366,538aid contract to be signed in as many counterparts as the County Drain ..iissioner may deem advisable. 2. That in consideration of the execution of said supplemental contract by the municipalities, the county agrees as follows: That the County shall not dispose of any of the additional 80 c.f.s, made available by the enlargement of the so-called Dequindre Interceptor, unless agreed to by the legislative bodies of at least 75% of the municipalities, wholly or partly (a) included in the District, but no such disposi- tion shall deprive any municipality within the District from purchasing for its own use any additional capacity which it may then desire to purchase. That the proceeds of the sale of the additional 80 c.f.s., made available by the enlargement of the so-called Dequindre Interceptor, shall be distributed to the municipalities in proportion to each municipality's percentage of apportion- ment of the gross cost as indicated in Section 3 of the original contract dated October 1, 1962. The motion was seconded by Er. and upon roll call was adopted by the following vote: Ayes: ; Alward;Bachert, Beamer, Beecher, Bloe„ Bonner, Brickner,-Calhoun, James Carey ;, ' John Carey, Charteris, oheyz„ C1a4, Clarkson, Cummings, Davis,,Demute, Dcwan,_ Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Diart, Forbes, Fouts, End, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Hulet, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall, McAleer, , ... McCartney, McGovern, Melohert„ Menzies, Mercer, Mitchell, Moore, Noel, —'01 Dionoghue, Oldenburg, Osgood, Potter, &hard, Heuer, Rhinevault, Semann, Slavens, Strath, Salley, They, Tinsman, V011, Webber, Wood, Yockey. (78)' — Nays: None. (0) ' Absent: • Allerton, Archadbault, Cooley, Dickens, Wm. Hudson, Johnson, Miller. The Chairman declared the resolution adopted. (b) Love (7) The following is a copy of the supplemental agreement referred to in the foregoing resolution: ' 4. 1 of Michigan, acting by and through its County Drain CIEUU1 issioner THIS SUPPLEMENTAL AGREr, I made as of the 1st day of December, 1962, by and between the COUNTY OF OAKLAND in the State (hereinafter sometimes referred to as the "county"), party of the first part, and the CITY OF BERKLEY, CITY OF BIRMINGHAM, CITY OF CLAWSON, CITY OF FERNDALE, CITY OF HAZEL PARK, CITY OF HUNTINGTON WOODS, CITY OF MADISON HEIGHTS, CITY OF OAK PARK, CITY OF PLEASANT RIDGE, CITY OF ROYAL OAK, TOWNSHIP OF ROYAL OAK, CITY OF SOUTHFIELD, CITY OF TROY and VILLAGE OF BEVERLY HILLS, municipal corporations in Oakland County, Michigan (hereinafter semetimes referred to as the 'municipalities"), parties of the second part. WITNESSETH: A. WHEREAS, the parties hereto did enter into a certain agreement dated as of the first day ef October, 1962, in respect to the operation and management of the Southeastern Oakland County Sewage Disposal System and for the improvement, enlargement and extension of said system and the financing thereof (which improve- ments, enlargements and extensions are herein sometimes referred to as the "project"); and B. WHEREAS, the project as described in said contract included among other things the construction of an interceptor ranging from approximately 4 feet 6 inches to 8 feet in diameter, to be located in Dequindre Road from the Fourteen Mile Road in Oakland County to Conant Road in the City of Detroit and thence in Conant Road to its outlet in the Detroit sewer at the inter- section of Conant Road and artery Street in said city, which constructed for the ount of said Federal grant; alil interceptor is estimated to have a capacity of 198 cubic feet per second at its outlet; and C. WHEREAS, the county deems it advisable to increase the size of the said interceptor to a di:eeter of 6 feet between the Fourteen and Twelve Mile Roads, 8 feet between the Twelve Mile Road and Muir Avenue in Hazel Park and 9 feet between Muir Avenue and the connection with the Detroit sewer at Conant Road and Emery Street, which increase in size will give an estimated additional 80 cubic feet per second capacity in said interceptor; and D. WHEREAS, the County of Oakland since the approval of said contract of October 1, 1962 by the legislative bodies of the municipalities has received towards the construction of the project a second grant of $1,377,671 from the Federal Government, Tilhich grant is under the accelerated public works program and is not allocated among the municipalities; and E. WHEREAS, the engineers, Hubbell, Roth & Clark, Inc., have estimated that the enlargement of said interceptor and the siphon at its intersection with the Red Run Drain, can be THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That the County of Oakland may if it deems the same advisable, construct the said interceptor and siphon of the larger size above indicated: Provided, that the total cost of the project after giving effect to the fleeeee rights credit of $229,806 does not exceed the sum of $6,916,000 plus said grant of $1,377,671: And, Provided further, that the City of Detroit will amend the two contracts dated November 1, 1962 between the City of Detroit and the County of Oakland (which were approved by the Oakland County Board of Supervisors on November 7, 1962) so as to permit the county to purchase thereunder sewage treatment and transporta- tion rights for the said additional 80 cubic feet per second capacity of said enlarged interceptor. 2. That in order to give effect to the several amounts allocated to the municipalities under the first grant of $1,366,538.63 made on October 26, 1962 towards a part of the project cost, by the Federal Government under 33 U.S.C. §466, et seq., the apportionment of the estimated net cost of the project anong the municipalities as set forth in paragraph 4 of said contract of October 1, 1962 shall be reduced by the several amounts allocated in said grAnt to the respective municip-alities and the annual installments for each municipality shall be as set forth in recital J. of the resolution adopted by the County Board of Supervisors on November 7, 1962 authorizing the issuAnce of $5,405,000 Southeastern Oakland County Sewage Disposal System Bonds to be dated January 1, 1963, instead of the installments set forth in Exhibit A attached to said contract. 3. That the said contract of October 1, 1962, except AS modified by the terms of this supplemental contract, shall remain in full force and effect and any and all acts heretofore performed CITY OF BERKLEY CITY OF BIRMINGHAM CITY OF CLAWSON CITY OF FERNDALE by the parties hereto,and their legislative and administrative officers and authorized agents, are hereby ratified and confirmed provided they conform with the provisions of said contract of October 1, 1962 as supplemented or modified by the terms of this contract. IN WITNESS WHEREOF, the parties hereto have caused this supplemental agreement to be executed by their properly authorized officials as of the day and year first above written. (Each official executing this supplemental agreement hereby certifies that his signature was affixed hereto on the date appearing immediately thereunder.) COUNTY OF OAKLAND By County Drain Commissioner By By Mayor Mayor By By City Clerk City Clerk By By Mayor By By City Clerk City Clerk Mayor -4- By By Mayor ayor erk City Clerk City C CITY OF MADISON HEIGHTS CITY OF OAK PARK City Clerk City Clerk CITY OF PLEASANT RIDGE CITY OF ROYAL OAK CITY OF SOUTHFIELD CITY OF TROY TO4NSHIP OF ROYAL OAK VILLAGE OF BEVERLY HILLS BY By Township Clerk age Clerk Vi CITY OF HAZEL PARK CITY OF HUNTINGTON WOODS By By By By Mayor By By ayOr By By Mayor By By City Clerk layor City By __ By - Mayor By By- City Clerk ay or City Clerk By By Supervisor esident Supervisor Calhoun, Chairman of the Drain Committee, offered the following resolution which had been previously approved by said Committee. Misc.- :467 . . BE IT RESOLVED BY THE BOARD OF surguIsms OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the amended maps and plans prepared by Hubbell, ' Roth & Clark, Inc., indicating the Changes necessary in order to increase the size of the Dequindre Interceptor to a diameter of 6' between the Fourteen and Twelve Mile Roads, 8' between the _ Twelve Mile Road and Muir Avenue and 9' between Muir Avenue and ---- the connection with the Detroit sewer at Conant Road and Emery Street, be and the same are hereby approved and the County Clerk is hereby instructed to endorse said approval upon said amended maps and plans and return them to the Oakland County Drain: Commissioner as the agency of the county in respect to said system. 2. That the County Drain Commissioner be and he is .hereby authorized and directed to sign and deliver on behalf of the County of Oakland the supplemental contract dated December 1, 1962 between the County of Oakland and the City of Detroit in - respect to transportation rights in certain Detroit sewers also the the supplemental contract of the same date between the same parties for the treatment of sewage from the Southeastern Oakland County Sewage Disposal District, said contracts to be signed in -4- The Chairman declared the resolution adopted. 1"' such number of counterparts as the County Drain Commissioner may deem advisable. 3. That the action of the County Drain Commissioner in accepting the, second Federal grant of $1,377,671 under the - Accelerated Public Works Act be and the same is hereby confirmed. 4. That the action of the County Drain Commissioner in advertising for proposals for the construction of the Dequindre Interceptor and connected siphon of the larger size as shown on the amended plans and specifications as well as of the size shown on the original maps and plans, be and the same is hereby ratified and confirmed. - The motion was seconded by Mt. _Hoard---, and upon roll call was adopted by the following vote: Ages: Alward, Bachert, Beamer, Beecher, floe, Bonner, Brickner, Calhoun, James Care:3 John Carey, Charteris, Cheyz Clack, Clarkson, Cummings, Davis, Demute, Dewan, Dohany, J.W.Dunc Wm.Duncan, Durbin, Edward, Edwards, M./art, Forbes, Fouts,..11-id, Gabler, Goodspeed, Hagstrom, HE Heacock, Heard, Huber, Wallace Hudson, Hulet, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson , Love, MacDonald, Majer, Marshall, McAleer, McCartne3 = McGovern, Melchert, Menzies, Mercer Mitchell, Moore, Noel, OlDonoghue, Oldenburg, Osgood,POttc Rehard, Remer, Rhinevanit, Semann, 'havens, Stith ) Solley, •iley, Tinsman, Val, Webber, Wood, Yoekey. (77) Nays: None. (0) / Absent: Allerton,v Archambault, Cooley, Dickens, Horton, WM. Hudson, Johnson,- Miller. (8) The following are copies of the executed Detroit Agreements referred to in the foregoing resolution: SUPPLEMENT TO THE SEWAGE DISPOSAL AGREEMENT CITY OF DETROIT - COUNTY OF OAKLAND SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL DISTRICT THIS SUPPLEMENTAL AGREEMENT made this first day of December, 1962, by and between the CITY OF DETROIT, a municipal corporation in the State of Michigan, by and through its Board of Water Commissioners (hereinafter referred to as the "BOARD"), and the COUNTY OF OAKLAND, a body corporate of the State of Michigan (hereinafter referred to as the "COUNTY"), by its County Drain Commissioner; WITNESSETH: WHEREAS, the parties hereto have entered into a certain agreement dated the first day of November, 1962 by which the City of Detroit agrees to receive for treatment and to dispose of sanitary sewage originating in the South- eastern Oakland County Sewage Disposal District but not from outside said district; and WHEREAS, said agreement of November -I, 1962 was negotiated on the basis of the construction of an interceptor by the County extending from - Fourteen Mile and Dequindre Roads in Oakland County to the City sewer at Conant Road and Emery Street in the City of Detroit and ranging in size from 4'6" to 8 in diameter; and WHEREAS, the parties hereto deem it advisable that the said interceptor be constructed of a larger size with a diameter ranging from 6' to 9', which larger size will increase the capacity of said interceptor by 80 c.f.s, and will permit the use thereof for the transportation of sanitary sewage originating outside the Southeastern Oakland County Sewage Disposal District; and WHEREAS, the County does not desire to increase the size of said interceptor unless the City of Detroit will agree to receive for treatment and disposal the additional sanitary sewage which may be collected in the enlarged Interceptor; THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That in addition to receiving for treatment and disposal all the sanitary sewage discharged from the Southeastern Oakland County Sewage Disposal District as provided in said contract of November 1, 1962, the Board will receive for treat- \ ment arid disposal the additional sanitary sewage which may be discharged from said Southeastern Oakland County Sewage Disposal System by reason of the enlargement of the so-called Dequindre interceptor, irrespective of whether such additional sanitary sewage originates within the district or not. Except as otherwise provided in this supplemental agreement, all the terms of said agree- ment of November 1, 1962 shall govern in respect to the rec.eipt, treatment and disposal of the additional sanitary sewage under this supplemental agreement, it being the intention hereof that the said agreement of November 1, 1962 and this supplemental agreement shall be construed as though this paragraph had been made a part of said original agreement. The agreements herein contained are 0. conditioned upon the County constructing the Dequindre interceptor of the larger size as hereinbefore mentioned, -2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their respective duly authorized officers and their corporate seals affixed hereto as of the day and year first above written. In presence of: CITY OF DETROIT BY ITS BOARD OF WATER COMMISSIONERS ..17-1-ou/is H. Schimmel President Secreta Philip Iwald COUNTY OF OAKLAND 10 FORIA io"41444ORPORATION COU THIS SUPPLEMENTAL AGREEMENT made as of the first day of December, A.D. 1962, between the CITY OF DETROIT, a municipal coiToration lathe State of Michigan, by and through its Commissioner of'Public Works (hereinafter referred to as CITY), and the COUNTY OF, OAKLAND, a political subdivision of the State of Michigan, by and through its County Drain Commissioner (hereinafter referred to as COUNTY); WHEREAS, the parties hereto haVe entered into a certain contract dated as of the first day of November, 1962 by which the City of Detroit will sell to the County of Oakland flowage rights in Certain Detroit sewers for the transportation of sanitary sewage originating in-the _ Southeastern Oakland County Sewage Disposal District, from the inter- ----, section of Conant Road and Emery Street in said CITY to the Jefferson interceptor of the Detroit Sewage Disposal System, under which contract the COUNTY will now purchase 118 p.f.s0 capacity in said sewers and will , have the right to purchase an additional 62 c.f.s in the future; and WHEREAS, said agreement of November 1, 1962, was negotiated on the basis of the construction of an interceptor by the COUNTY extending from the Fourteen Mile. and Dequindre Roads in Oakland COunty to the CITY sewer at Conant Road and Emery Street in the City. of Detroit and ranging in size from /0-6n to 8' in diameter; and WHEREAS, the parties hereto deem it.advisable that said inter- ceptor be constructed of larger size with a diameter ranging from 6 to 9, which larger size will increase the capacity of said interceptor by 80 c.f.s.; and WHEREAS, the COUNTY does not desire to increase the size of said interceptor unless the City of Detroit will supplement said agree- ment of November 1, 1962, so as to permit the COUNTY to purchase under the terms thereof flowage rights in said Detroit sewers for the additional 80 c.f.s. capacity of said enlarged interceptor; THEREFORE, IT IS AGREED by and between the parties hereto-, as follows: 1. That in addition to the flowage rights in the Detroit-sowers which the COUNTY may purchase under said agreement of November 1, 1962, (118 c.f.. now and 62 c.f.s. later at its option), the COUNTY shall have the right from time to time to purchase additional flowage rights under the terms of said contract of November 1, 1962, tO the extent of -the 8o c.f.s. additional capacity in said COUNTY interceptor by reason of its enlargement, provided, however, that not less than 10 c.f.s, shall be purchased at any one time, and to the extent of such purchase shall have the right to transport additional sanitary sewage through the said Detroit sewers, which sanitary sewage may or may not originate in the Southeastern Oakland County Sewage Disposal District as described in said contract of November 1, 1962. Except as otherwise provided in this supplemental contract, all the terms of said contract of November 1, 1962, shall govern in respect to the pur- chase of such additional flowage rights and to the exercise thereof, it being the intention hereof that said contract of November 1, 1962, and this supplemental contract shall be construed as though the option to purchase additional flowage rights under this paragraph had been made a part of said contract of November 1, 1962. For the faithful performance of all and singular of the stipula- tions, terms, and conditions of this agreement, said parties bind them- selves, their successors and assigns. This agreement shall inure to the benefit of the parties hereto and their respective successors and assigns. - 2 - • In the presence of: Commissioner of Public Works By County Dr Commission IN WITNESS WHEREOF, the parties have this day of , A.D. 19 6 >„ caused this agreement to be executed in quadruplicate and signed by the respective parties herein, pursuant to the attached certified copies of resolutions of their governing bodies. THE CITY OF DETROIT THE COUNTY OF OAKLAND 3 ; Misc. ;.4074' Mr. Calhoun, Chairman of the Drain Committee, offered the following resolution which had been previously approved by said Committee, to-wit: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the County Drain Commissioner be aid he is hereby authorized and directed to accept construction bids for the construction of improvements, enlargements and extensions to the Southeastern Oakland County Sewage Disposal System with the Dequindre Interceptor having a diameter of 6' between Fourteen and Twelve Mile Roads, 8' between Twelve Mile Road and Muir - Avenue and 9' between Muir Avenue and the connection with the Detroit sewer at Conant Road and Emery Street, and with the siphon at the Red Run Drain also of the larger size, all as - shown in theamended maps and plans this day approved by this Board. 2. That the Southeastern Oakland County Sewage Disposal System project to be financed in part by the sale of $5,405,000 Southeastern Oakland County Sewage Disposal System Bonds, to be dated January 1, 1962, shall be deemed to be the original project but authorized by this Board on November 7, 1962/with the said Dequindre Interceptor and siphon of the larger sizes as shown on said amended maps and plans. -6- 3. That the grant of $1,366,538.63 under the Federal Water Pollution Control Act and the grant of $1,377,671 under the Federal Accelerated Public Works Act, be applied towards the .construction cost of the project as so enlarged, the said enlarged project having been approved for said grants by the proper Federal authorities. 4. That this resolution shall become effective -u-on the - execution of the supplemental contract dated December 1, 1962 between the county and the several municipalities, the execution of which on behalf of the county has this day been authorized. The motion was seconded by Mr. Forbes ° and upon roll call was adopted by the following vote: Ayes: Alward, Bachert, Beamer, Beecher, Bloe„ Bonner, prickner, Calhoun, James Carey, :John Carey, Chartcris, Cheyz, Clack, Clarkson, Cummings, Davis, Demute, Dewan, Dohany, T WM.Duncan„ Durbin, Edward, Edwards, Ewart, Forbes, Fouts,.Frid, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Hulot, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer„ Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Mitchell, Moore, Noel, OIDonoghue, Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Semann, Slavens, Smith, Solley, Tiley, Tinsman, Voll, Webber, Wood, Yockey. (78) Nays: None. (0) Absent: Allerton, Archambault, Cooley, Dickens, WM. Hudson, Johnson, Miller. (7) The Chairman declared the resolution adopted. STATE OF MICHIGAN) ss COUNTY OF OAKLAND) I, the undersigned, the County Clerk of the County of Oakland, do hereby certify that the foregoing is a true and complete copy of Miscellaneous Resolutions #4072-#4073-#4074 in re: Southeastern Oakland County Sewage Disposal System, and of the proceedings pertaining thereto duly adopted and taken by the Board of Supervisors of said County at a regular meeting held December 13, 1962, the originals of which are on file in my office. Daniel T. Murphy County Clerk, Oakland County Dated: December 13, 1962