HomeMy WebLinkAboutResolutions - 1962.12.20 - 19995Regular meeting of the Board of Supervisors of Ma
(If this is a special meeting, insert notices and affidavits pertaining to
call of the special meeting)
Absent:
Brickner, Damute, Dewan, EUart, Forbes, Ingraham, Menzies, Semann. (8)
Oakland County, Michigan, held in the Supervisors' Room in the County
Office Building, No. 1 Lafayette Street in the City of Pontiac, Michigan
on Thursday the 20th day of December, 1962 at 10:00 o'clock A.M. ,
Eastern Standard Time.
Present:
Allerton, Alward, Archambault, Bache'', Beamer„ Beecher, Bloe„ Benner, Calhoun,
James Carey„ John Carey, Charteris, Cheyz, Clack, Clarkson ., Cooley, Cummings,
Davis, Dickens, DobanY, J. W. franca'', Wm. Duncan, Durbin, Edward, Edwards,
Fouts, Frid, Gabler, Goodspeed, Hagstrom„ Hall, Hamlin, Heacock„ Hoard, Horton,
Huber, Wallace Hudson, WM. Hudson, Hulet, Hursiall, Jackson, JohnBon„ Kephart,
Knowles, Lahti l .Iessiter„ Levin, Levinson, Love, MacDonald, Maier, Marshall,
McAleer, McCartney, McGovern., Melchert„ Mercer ) Miller, Mitchell, Moore, Noel,
0/Ponoghue Oldenburg, Osgood, Potter, Behard, Remer, Rhinevault, Slovens,
Smith, Salley, They, Tinsman, Val, Webber, Weed, Yeckey. (77)
4093 Misc. Resolution No.
Recommended by the Board of Public Works
Re: Farmington Sewage Disposal System - 14 Mile-Maple Road Arm
Submitted by Mr. Horton
Mr. Chairman, Ladies & Gentlemen:
At a meeting of the Board of Public Works of Oakland County, held on November 5,
1962, construction plans and specifications for the Farmington Sewage Disposal System-
14 Mile-Maple Road Arm, and estimates of costs and period of usefulness thereof, and
at a meeting of the Board of Public Works held on December 3, 1962, an Agreement be-
tween the County of Oakland and the Township of West Bloomfield pertaining to the
acquisition of the 14 Mile-Maple Road Arm, were reviewed and approved by said Board
and ordered submitted to the Board of Supervisors for approval.
Pursuant to said resolutions, I now submit such construction plans and
specifications and estimates of cost and period of usefulness and such agreement
Harry W. Horton
Horton Mr. offered the following resolution, copies
of which were previously mailed to all members of this Board:
WHEREAS, the Board of Public Works has submitted to this Board construction
plans and specifications for the Farmington Sewage Disposal System-14 Mile-Maple
Road Arm 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 December 3, 1962,
did approve a form of Agreement to be dated October 17, 1962, between the County of
Oakland and the Township of West Bloomfield for the extension of the Farmington Sewage
Disposal System to be known as 14 Mile-Maple Road Arm, and did authorize the Chair-
man and Secretary of the Board of Public Works to execute said Agreement subject to the
approval of this Board of Supervisors; and
WHEREAS, the above mentioned township constitutes the only party needed
to contract with the County for 100% of the cost of the project; and
WHEREAS, the said Agreement has 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 usefulness 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 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, an Agreement to be dated October 17, 1962, between
the County of Oakland and the Township of West Bloomfield, which reads as follows:
Ionny-TnIS, it is nec4-,Nssary to extend said System in said Township of
West Bloc:afield under the provisions of said Act No 185 by the construction
of certain sewers and related facilities (hereinafter sometimes referred to as
"14 Mile-iviapie Road Arm" or as the "project") the location and route of which
S€ more particularly shown on the map designated as Exhibit A, for the purpose
of collecting and disposing of sewage originating within that part of said town-
ship described in 3.;xhib1t 8, which exhibits are hereunto annexed and hereby
made a part hereof, and to finance said 14 Mile-Maple Road Arm by the issuance
of the bonds of the county in anticipation of the collection of amounts to become
due to the county from the township as hereinafter provided; and
-WHEREAS, the county and the township have heretofore contracted con-
cerning the acquisition and construction of Section 1 - 14 Mile-Maple Road Arm
and Section 2 - 14 Mile-Maple Road Arm and for the payment of the cost of said
Sections in full in cash by the township from funds advanced by property owners
to be served by said Sections with the understanding that when the financing is
arranged and the funds are available for the acquisition and construction of the
entire 14 Mile -Maple Road Arm as herein provided that said advanced funds will
be credited on special assessments levied by the township against said property
owners and the excess if any, refunded to them; and
*WHEREAS , the Oakland County Department of Public Works (hereinafter
sometimes referred to as the "DPW") has obtained plans and specifications for
the construction of said 14 Mile-Maple Road Arm, and an estimate of the cost
thereof in the total amount of $408,000.00, as prepared by Ralph A. Main and
Kieft Engineering, registered professional engineers, and has furnished the same
to the township; and
WHEREAS, the necessary proceedings are being taken by said Township
of West Bloomfield for the assessment of the said estimated cost to a special
assessment district consisting of those lots and parcels of land described in
Exhibit B hereunto annexed in accordance with benefits to be derived from said
14 Mile -Maple Road Arm, said assessments to be made payable in ten (10)
El Qua Alm•nts due successively on
in each of the yealys 1363 through 1872 , together with into.cest
installonnts at the rate of 6% per annum from April
and the said township proposes to utilize said assessments as collected as the
primary source from which to meet its payments to the county as herein agreed
to be ro.i::..4e; a.nd
'WI--.TERTRS, no other municipality in the District will be affected by the con-
struction of said 14 Mile-Maple Road Arm at this time; arid
WHEREAS, in order to acquire said 14 Mile-Maple Road Arm, it is nec-
ary that the county and the said township, parties hereto, enter into this agree-
ment;
TH13376-TORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO,
as follows:
1. The plans and specifications for said 14 Mile-Maple Road Arm, and the
estimate of the cost in the total amount of $408,000.00, as prepared by
Ralph A -7.,oft Engineering, registered professional engineers, are here-
by approved and adopted in form as now on file with both the township and the
DPW and identifio 4 by the signatures of the Supervisor of the township and the
Director of tbs. The said 14 Mile-Maple Road Arm shall consist of sewers
as above de3Gi::i. and located as shown on the attached Exhibit A and shall O.)
designed and used solely for collecting and disposing of sanitary sewage origin-
ating in that part oi a.gd township which is described in tlxe attaohed Exhibit B.
The said plans and specifications and estimate of cost shall be submitted to the
Board of Supervisors of said county, together with a resolution approved by the
Board of Public Works of said county providing for the issuance of bonds by the
county as hereinafter provided, and if such resolution be approved by said Board
of Supervisors, then the DPW shall proceed to issue said bonds and to acquire
said 14 Mile-Maple Road Arm. The said project may be divided into sections by
the DPW .T.o?: 7,t-i-pose.: of construction and the letting of construction contracts
The said plans and specifications and the. said locations of the sewers may be
to
ssltersdiissnn'ssssl '7."•:e 7 ' Soard of sa:si township and by the Ds ‘1
Public Works.
2. Said 14 Mile-Maple Road Arm being an extension of that part of the
Farmth'stssn Sessr.,ge Disposal System heretofore constructed and being a part of
the ultimate county system to serve the Farmington Sewage Disposal District,
the provisions of the Base Agreement shall continue in full force and effect and
be assoiesble to this 14 Mile-Maple Road Arm, and, in particular without limit-
ing the generality of the foregoing, such provisions shall be applicable to this
14 Mile-maple Road Arm insofar as connections, connection charges, service
to individual users, service charges, maintenance, maintenance charges, op
ation and limitations on use are concerned. Neither the township nor the county
shall permit the discharge of sewage into said 14 Mile-Maple Road Arm in vio-
lation of said Base Agreement.
3, The township consents to the use by the county of the public streets,
alleys, lands and rights of way in the township for the purpose of constructing,
operating and maintaining the 14 Mile-Maple Road Arm and of any improvements,
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 (other than highways) owned by or under the juris-
diction of the township or the county within the township shall be liable, to the
Same extent as privately owned lands, if sanitary sewage emanates therefrom,
to pay the charges for sewage disposal services with respect ther
4. The township shall pay to the county the capital cost of said 14 Mile-
Maple Road Arm. Such capital cost shall be deemed to be the estimated cost of
$408,000000 until the actual cost has been determined. If the actual cost shall
be less than the estimated cost, then the surplus construction funds derived from
the sale of bonds shall be used to redeem bonds by call prior to maturity or to
purchase bonds on the open market, and in such event the bonds so redeemed or
u-,
316,
(Revised 11/9/62)
tracts with the county pertaining to Section 1 - 14 Mile -Maple Road Arm and
13ection 2 - 14 Mile-Maple Road Arm shall be credited in that amount upon the
principal amount of the first installments due hereunder, In the event that the
interest payable by the township from time to time is not sufficient to enable the
county to meet its current obligations for interest on the bonds to be issued to
finance said project and for paying agent's fees and other expenses related to said
ount of bonds, then the township, upon demand ,shall also pay to the county the a
such deficit. Should the interest payable by the township exceed the amount nec-
essary to meet such interest, fees and expens , such excess shall be credited
upon the nest succeeding installment due hereunder.
6. The Township does hereby pledge its full faith and credit for the prompt
payment of the aforesaid obligations and shall each year levy a tax (which shall
not be within any statutory or charter limitation but shall be subject to constitutional
tax limitations and any lawful increase thereof) in an amount which, taking into
account estimated delinquencies in tax collections, will be sufficient for the prompt
payment of any amount falling due before the time of the following year's t
collection, unless at the time of making such annual levy there shall be cash on
hand (as provided for in paragraph (2), Section 12, of Act No. 185) earmarked for the
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 may be raised in any manner provided in said paragraph (2) , Section 12,
of.Act No. 185, as now existing or hereafter amended. The township agrees that it
will, at or prior to the time of making each annual tax levy and in lieu of such levy,
set aside from other funds an amount ,.qual to such principal installment and interest
falling due before the next year's tax collection and that it will from time to time
raise sufficient funds therefor by one or more of the m-thode set forth in said pare-
' graph (2), Section 12, of Act No. 185.
-6-
(Revised 11/9/62)
,==!'
hz01, upon adoption of a bond resolution by its Board of
7. Tha 1:Q.-vm.311j.r, fr furtherarm of its agreement set forth i
vs „ hereby :30.1T-D 7:U)1::73 and ..hat it will take allnecessary pre>7n ,-7--
, including confirmation of the special assessment roll, for the assessineTiE ..
I said project to the lots and parcels of land (1=;s ,:::;Y•ibeel in Exhibit B
reto; that said assessments will be made payable in ten (10) annual
installments with int.c,re;,-.t, on unpaid Installments, as hereinbefore mentioyiett
that are hereby pledged for the fulfilment of th.E:
ship's contractual obligations to the county as hereinbefore assumed; and that
suob coalw,tions will be set aside and deposited in a separate bank account and
will be uszA for no .f.;:ther purpose so long as said contractual obligations remain
unsatisfied.
The
Supervisors, issue its negotiable bonds, in the amount of the estimated cost of
said ELS thc:: z.mount actually paid by the township pursuant to the con-
tract 7:1F.-rtni.r.ing'.;01c .:;!,or.1 1 - 14 Mile-Maple Road Arm and S.-1wrx 2 -14 Mile -
MacL:, Arm., u rh bonds to have annual principal maturities in the same
ntC ..Eas thfD .C:. ii amount of annual principal installments payab:ko by the
township, t--,st of said project. The said bonds shall not
the full faith wv.1 (aed.:tt of the county but shall be payable solely from the amounts
to be paid to the county by the township pursuant to this agreement; Said bonds
shall be issued under the provisions of said Act No 185 and the applicable
general statutes of the state where not in conflict with said act.
•9. This agmTrneat shall become effective upon being approved by..he. Town-
117. d of th,7-: ilor and by the Board of Public Works and Board of Super-
visors Cc,!.,-,Tity and properly executed by the officers of the township
enc." Board of "Works. This agreement sh:a31 terrninava vThei the
IN WITY:ta•':i. the parties hereto have caused this agreement to
be and delivered by their respective duly authorized officers all
as of year first above written,
COUNTY OF OAKLAND
By its Board of Public Works
Chairman
Secretary
TOWNSHIP OF WEST BLOOMFIELD
By
By
ownship Clerk
By
Supervisor
May 29, 1962
1? rs te
.A!".
eft Engineering, by Hov!„aisYM. Kieft
Revised July 25, 1962
FARMINGTON SEWAGE DISPOSAL SYSTEM
FOURT.iaq MILE -Iv1APLE ROAD ARM
PROCT COST ESTIMATE
2507 10L
4744 1,
6251 1.f.
41f:4 1
45 Ea.
45 Ea..
1 Ea.
1 . s.
24-inch Sewer
18-inch Save:
12 -•.•: Sewer
10 S
3t{:::ndar.d M. H.
Special M. H.
Meter Chamber
Metering Equipment
@ 12.07
@, 12.65
@ 10.65
@ 7.60
@ 7.85
@ 350.00
@ 500.00
@ 5,000.00
@ 1,000.00
$ 31,345.79
60,011.60
66,573,15
= 31,190,40
61,387.00
15,750.00
= 22,500.00
5,000.00
1,000.00
nStrUction Cost $ 294,757.94
ion Cost
(D.P.W.)
Financial (D. P. W.
Ccz!Vx.3,'73,zir.nzy
Te-Dosign
Tc.g,,,rnshi.p Legal 6, Adm.
Sub-Total
:a.nzed Ir.O.:exest @ 6 fa.:' 12 months
$ 294,757,94
17,390,72
9,000.00
7,080.00
9,000,00
32,739„ 46
2,000.00
7,800,00
2,551.38
1,200.00
333 520. 00
2,4,430,.00
=
=
Project Cost
ces'tify that this sew& has a period of uscfulne
$ 408,000.00
of 40 years and upwards.
Ralph A. Math
None. (0)
ABSENT:
Brickner, Demute„ Dewan, Mart i Forbes, Ingraham, Menzies, Semann. (8)
carried
Motion
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
Agreement as they may deem advisable.
YEAS:
Allerton, Alward, Archambault„ Bachert, Beamer„ Beecher, Bloe„ Bonner, Calhoun :
James Carey, John Carey, Charteris, Cheyz o Clack, Clarkson, Cooley, Cummings,
Davis, Dickens, Dohany, J. W. Duncan, WM. Duncan, Durbin, Ziward, Edwards, Fouts,
Fi-id„ Gabler, Goodspeed, Hagstrom, Hall, Halain„ Heacock, Hoard, Horton, Huber,
Wallace Hudson, Wm. Hudson, Hulet, Hursfall, Jackson, Johnson, Kephart, Knowles,
Lahti, Lessiter„ Levin, Levinson, Love, MacDonald, Majer, Marshall, McAleer,
McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, 0 tDonoghue
Oldenburg, Osgood, Potter ) Rehard, Remer, Rhinevault, Slavens, shlith„
Tiley„ Tinsman, Veil, Webber, Wood, Yockey. (77)
NAYS:
STA1E 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 Resolution No. 4093, in re:
Farmington Sewage Disposal System - 14 Mile-Maple Road Arm,
and of the proceedings pertaining thereto duly adopted and taken
by the Board of Supervisors of said County at a regular meeting
held December 20, 1962, the originals of which are on file in
my office.
Daniel T. Murphy
County Clerk, Oakland County
Dated: December 20, 1962
......e.Ar.vcr•••••••••iaro._.......::::.. • • • FOURTEEN MILE
MAPLE ROAD ARM
OF THE • "••••••••••-•:•::-.••:-•:-••::::••••........."1 :•::-••••••••••••":••••••••••••...."'•••:;:•:••••••:-.•••••••:-:::::::::.•:::•• -•:•••••••••••-••••••••••
FARMINGTON SEWAGE DISPOSAL SYSTEM
274-971e/C7.
BOARD OF
DELOS HAMLIN, CHAIRMAN
E
HA RRY....:0,:::::..FIORT:01.14:•• SECRETARY
• ARNO.: ...L•••••HULET,..::•:.•EMEMBER
ELMER JOHNSON, . !:•:::MEMegR
DANIEL W BARRY, MEMBER
•:: DEPARTMENT QF P()Bio.C•••:•:::*OK•11,5, •••• ALEXANDER•.:.••••. • •
R. L CASTLE, CHIEF ENGINEER
567 PUPOY ST CLARKSTOMICHIGAN
BIRMINGHAM
MICHIGAN
oAcLAND COUNTY
IEPARTMENI OF PULC WORK