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HomeMy WebLinkAboutResolutions - 1963.04.09 - 20102vsors in the County - in the City of Pontiac, ;CP. Re: April 9, 1963 Regular At meeting of the Board of Supervisors of of April, 1963, at 1000 o'clock A0M-, Allerton, Alward, Archambault, Bachert, Beecher, Bloe, Bonner, Campbell, James Carey, John Carey, Case, Charteris, Cheyz, Cooley, Cummings, Davids, Davis, Demute, Dewan, Dickens, Dohany, J. W. Duncan, WM. Duncan ; Durbin, Edward, Edwards, EWart, Fouts, Frid, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock : Hoard, Horton, Huber, Wallace Hudson, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Levin, Levinson, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Miller, Mitchell, Moore, Noel, OiDonoghue, Oldenburg, Osgood, Potter, Rehard, Berner, Scramlin, Seeterlin, Semann, Slavens, Stephenson, Smith, Solley, Taylor, They, Tinsman, Voll, Webber, Wood, Yockey. (77) AP:c Brickner, Calhoun, Clarkson, Forbes, WM. Hudson, Lessiter, Love, MacDonald. (8) 4147 14 by Board of Works —frmfngton Township ,;,iter Supply System "A n We Mr hrose-: d the plans, specifications, -esolution, a copy of to eac f:f-riber of the Board of )1u ti by Mr-, We WHEREAS, the Board of Public Works has approved and has sub- mitted to this Board of Supervisors for its approval, plans and speci- fications for construction of "Water Supply System 'A' in the Township of Farmington, together with estimates of the cost thereof in the aggregate amount of $2,647,992044 and an estimate of forty years and upwards as the period of usefulness thereof, all prepared by Pate, Him n and Bogue, Inc., the consulting engineers therefor; and WHEREAS, the Board of Public Works has also approved and has submitted to this Board of Supervisors for its approval, a proposed contract between the Township of Farmington and the County of Oakland relative to the construction, operation and financing of said system; and WHEREAS, the Township Board of said Township has approved said contract and has authorized and directed that it be executed on behalf of the Township by its Supervisor and its Township Clerk; THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY,. MICHIGAN, as follows 1. That said plans and specifications and said estimates be and the same are hereby approved, that the County Clerk shall endorse thereon the fact of such approval, and that the same shall be returned to the Board of Public Works. 2. That said contract between the County of Oakland and the Township of Farmington be and the same hereby is approved, and that the Chairman and the Secretary of the said Board of Public Works be and they are hereby authorized and directed to execute and deliver said 2- contract on behalf of Um '7,ounty of Oakland, in as many original copies as they ':v dc= -tdvisable, the said contract being as follows: acting by and through its Board of Publi rks (hereinafter referred Wo CONTRACT IN RE WATER SUPPLY SYSTEM "A" This agreement made this _ day of April, 1963, by and between the COUNTY OF OAKLAND, Michigan, a public body corporate, to as the "Board"), party of the first part, and the TOWNSHIP OF FARMINCTON, Oakland County, Michigan, a public body corporate (here- inafter referred to as the "Township"), party of the second part, WITNESSETH: WHEREAS, the Township has heretofore determined to establish and acquire Water Supply System "A" for the supplying of water to a correspondingly designated and established district which is described "Exhibit 1" attached to the hereinafter mentioned Ordinance No of the ordinances of said Township, and has authorized the issuance of revenue bonds in the aggregate principal amount of $1,560,000 to finance the construction of water transmission mains and related facilities in said system and the issuance of special assessment bonds in the aggregate principal amount of $1,065,000 to finance the construc- tion of water distribution mains and related facilities in said system; and WHEREAS, plans and specifications for the aforesaid construc- tion have been prepared by Pate, Him n & Bogue, Inc., consulting engineers, have been approved by the Township Board of said Township and by the Board of Public Works of said County, and are presently on file with each of said Boards and WHEREAS, the Board and the City of Detroit propose to enter into a contract for the supplying of Detroit water to the Board in quantities sufficient to meet the requirements of the above-mentioned system and district in said Township, subject to stated conditions as to rate and measurement of flow, charges and payment thereof for water supplied, maintenance and inspection of the system, record-keeping and reporting, and other matters pertaining to said system and the s ,n;lying of Detroit water thereto, the said contract to be in operation for a minimum of 35 years from its date; and WHEREAS, the parties hereto desire to enter into this contract pursuant to which the Board will furnish Detroit water to the Town- ship to meet the requirements of said system and district and the Board will construct said system and will maintain and operate the same as agent of the Township; THEREFORE, in consideration of the mutual promises herein contained, IT IS AGREED AS FOLLOWS: 1 The Board will proceed to enter into the above-mentioned contract with the City of Detroit and thereafter will sell and deliver to the Township and the Township will purchase and accept from the Board from time to time, after completion of the above- mentioned Water Supply System "A", such quantities of Detrcit water as are needed to meet the requirements of said system and Water Supply District "A" in said Township. Such water shall be deliver at such locations as shall be specified in the contract between the Board and the City of Detroit or as may be hereafter specified by mutual agreement with said city, shall be measured by meters APJ 2 be Water Supply Syste except for such parts thereof asare presently installed at such points of delivery at Township expense, and shall 1 for by the Township at the same times and at the same rate or rates charged to the Board by the City of Detroit as provided in or established under said contract. The amount so to be paid shall be deemed operating expenses of the system to be paid from the revenues thereof, but if there shall be any deficiency of such revenues available for this purpose, the Township shall pay such deficit from its general fund. The obligation of the Board to make such delivery of water shall be subject to all restrictions and other terms and conditions imposed upon the Board by said contract and shall be limited to the quantities of water available to the Board thereunder. The Township will provide and utilize sufficient water system facilities to enable the Board to comply with the .terms of said contract as to rate of flow and will in all other respects take such action as may be necessary to comply with all terms and conditionsof said contract and to eLahle the Board to do likewise, 2. The Board will, upon sale and delivery of the above mentioned bonds and upon the letting of construction contracts by the Township, proceed as agent of the Township to construct the said existing), in accordance with the heretofore approved plans and specifications prepared by Pate, Hirn & Bogue, Inc., consulting engineers, which syst -, ,pon its completion shall be owned by the Townshio Water Supply System "A" insofar as to be so contructed by the Board shall consist of the water transmission mains and related facilities described in said plans and specifications and in Ordinance No, adopted by the Township Board of said Township authorizing the issuance of $1,560,000 on .relating thereto whicil adopted by said Board for Water ,acial Assessment Districts Nos 9 and 11 on March 23 4, 6, in principal amount of rev:-. 'onds to part of the cost thereof, and the water .t:ibution mains and related facilities described in said plans and specifications and in the resolution clal As District No 1 on August 21, 1962 and for Water 1961, to defray a part of the cost of which the issuance of $1,065,000 in principal amount of special assessment bonds has been authorized the Township Board. The Board shall have sole authority and 555 biiity for sui -Csion and inspection of the work and for car -C:7 ,on as to satisfactory completion thereof, shall. necessaty arrants with the Township as to procedures for dis- bursement: of cons traction funds, and shall do all things necessary to ac- dish such construction in accordance with the plans and specifications and within a reasonable time and on reasonable terms rt comphsation of the Board for such construction services shall consist only of reimbursement of its costs and expenses 'taming thereto, including administration expenses and charges 7 its staff and employees at their established rates or for which costs and shall be construction costs of the system and shall be paid from .',onstrnction funds. will, upon receipt or the proceeds of the sale of he ':iforesaid special assessment bonds, transfer and deposit such pica into appropriately designated construction accounts for the respective special assessment districts: Provided, however, that the following amounts shall be transferred from said construction accounts for the districts specified below to the construction account mentioned in paragraph 4, from which the transmission mains and related facilities therein mentioned are to be financed, such amounts bein the proportionate parts of the cost of transmission mains which ,---sent the extent to which such mains are to be used and the cost _lot has been assessed for distribution purposes, viz.: District No. 1_ :;7,226.35; District No. 3, $42,114.23; District No. 4, $3,515.00; District No. $82,243.42; and District No. 9, $20,000.00; Provided, further, that the Township shall transfer and deposit, into the fund or funds from which are payable the 'principal and interest on said any premium and accrued interest received thereon from the The Township will also transfer and deposit into said construction accounts, as and when collected, the amounts by which the s: assessments on Water Special Assessment Rolls Nos. 1, 3, 6, 7, 9 and 11 exceed the amounts of said bonds allocated to the corn ..i ondingly numbered special assessment districts according to the t-, I said bonds. The total amounts so transferred and deposited into said construction account shall be used solely to defray the construction cost of the water distribution and related facilities for which said special assessments were levied in the respective distr i cts. Any surplus :,,11 be transferred and deposited into the yr funds from which the principal and Interest on said bonds are le, Any deficit shall he made up by the Township through —ien(_j assessments or otherwise. 4. 1h. Township will, upon receipt of the proceeds of the saly or.2sd revenue bonds, transfer and deposit such proceeds into :,onstruction account for that part of the system to be 5 or ci financed from such bonds Provided, however, that the Township will, from the bond procnsds, transfer and deposit into the Bond and Interest Redemption Fund, as created by Section 17 of the above-mentioned ordinan( :.e.en months capitalioed interest on said bonds and also any premium and accrued interest received thereon from the - purchaser, and the Township will likewise transfer and deposit, into ration and iitenance Fund created by said Section 17, four months' capitalized onnnstinn and maintsnsnc? expenses. The Town- ship will also transfer and deposit into said construction account, as and when received, the sum. of $20,000 agreed to be paid toward the cost of the proiact by owners of certain subdivisions to be served system. total amounts so transferred and deposited into said construction account shall be used solely to defray the construc- dor ssn t of the sion mains and related facilities for whicn snid revenue bonds are to be issued. Any surplus shall be tisnsssnnd and deposited into the said Bond and Interest Redemption authorized to be otherwise used in accordance with said definn - be made up by the Township through furf.,- issuance of ne bonds or otherwise. 5. The Board will, upon co ion of construction of the said Water Supply System "A", and as of the Township, maintain and operate tbs. system in accordance with the terms of the said ordinance, having full authority and responsiblity to do all things lred or permitted by said ordinance to be done by the Township, as relates to maintenance and operation of the system, but reel wlthout in any mann aslngthe Township from its obligations 7 ordinance. •.-.H nefers:ncs herei after to any specific powers or (37.As of the Board shall to any degree derogate from the generality of the foregoing. The cornsation of the Board for performing its functions as such agent, shall consist only of reiMbursement of its costs and azp:2as?s :,rtaining thereto, including administrative expenses and charges for time of its staff and employees at their established rate of pay, which costs and e shall be daame'-: a part of the opera. expenses of the system and shall be so charged and paid. The Board is to act only as agent and assumes no obligation that any money payable to or by the Township under said ordinance will be paid. 6. The Board shall, as agent of the Township, issue all per- mits for connection to the system, and all charges payable to the Town- ship under said ordinance whether as water comsumption charges, meter service charges, capital charges, debt service charges, water service installation charges, hydrant rental charges or otherwise, shall be billed and collected by and paid to the Board as agent of the Township. Township, on recommendation of the Board, shall establish appro- priate standards for assigning "units" to premises for the purpose of determining capital and debt service charges. Meters shall be installed at the e x pense of the property owner and shall be read by d. Delinquent charges shall be certified by the Board to Tc:abip Supervisor as provided in Section 15 of said ordinance. The Board shall recommend to the Township any changes in the specified ci-v-s which should or must be made in compliance with said ordinance. 7. The Township shall establish and maintain the several 3 and depository accounts (including required reserves) as in Section 17 of said ordinance. All receipts from operation P E 7 of the system shall be deposited by the Board into the Receiving Fund established by said ordinance. Transfers shall be made there- from by the Township, on recommendation of the Board, to the other specified funds as set forth in said ordinance: Provided, however, that appropriate arrL:1 L000ts shall be made by the Township with the Board as to procedures hereby sufficient moneys shall periodically be made available to the Board and shall be disbursed by the Board to pay the maintenance and operating expanses of the system. The Township shall, on recommendation of the 'Board, take such action as may be necessary with respect to the call or purchase of bonds prior to maturity as moneys therefor become available. 8. The Board and the Township shall keep such records and make or se to be made such audits and reports as are customary or required by said ordinance and shall furnish copies thereof to each other and to other parties as therein provided. The Board shall submit annually to the Township such information as shall be necessary for preparation of an operating budget for the ensuing fiscal year, and, •ft•doption of the budget by the Township, the Board shall not exceed such budget except with approval by 2/3 vote of the members of the Township Board. 9. This asrcoment shall become e ve after its approval by the Board and by the Township Board of said Township and upon its execution by the appropriate officers of said Board and said Township. It shall remain in effect for an indefinite period of time, but not less than 35 years from its date, and thereafter may be terminated on the first day of any (7,7Lleadar quarter by either party, upon one Q - 0 - year's written notice served upon the other party by delivering the - same to t'uk• S.Ii.rvisor of Township or to the Director of the Department of Public Works of the County, as the case may be, or at any time after said 35 years upon mutual cecrit of both part IN WITNESS WHEREOF, the parties hereto have caused this A4:xeement to be executed and delivered by their respective duly auth( ' .' officers as of the day and year first above written. asses: COUNTY OF 0A7171 BY ITS BOARD OF -0U3LIC WORKS By Irman By Secretary TOWNSHIP OF FARMINGTON By By Township Clerk Supervisor STATE OF MTC7: The adoption of the foregoing resolution was moved by Webber Hall and seconded by Mr. On roil call Yeas Aution was adopted by the following vote Allerton, Alward, Archambault, Badhert, Beecher, Bloe, Bonner, Campbell, James Carey, John Carey, Case, Charteris, Cheyz, Cooley, Cummings, Davids, Davis, Demute, Dewan, Dickens, Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, EVart, Fouts, Frid, Gabler, Goodspeed, Hagstrom, Hall, Hamlin, Heacock„ Hoard, Horton, Huber, Wallace Hudson, Hursfall, Ingraham, Jackson, Kephart, Knowles, Lahti, Levin Levinson, Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Miller, Mitchell, Moore, Noel, OtDonoghue, Oldenburg, Osgood, Potter, Rehard, Remer, Scramlin, Seeterlin, Semann, Slavens -, Stephenson, Smith, Solley, Taylor, They, Tinsman, Voll, Webber, Wood, YockeY. (77) Nays: None. (0) nt: Brickner, Calhoun, Clarkson, Forbes, WM. Hudson, Lessiter, Love, MacDonald. (8) COUNTY OF OAKLAND ) 1, Daniel T. ',.7phy, libloc, Clerk of the County of Oakland, Sta of Michigan, do cPrtify that I have compared the annexed copy of proceedings of the Okl.,A:J 7:- of Supervisors taken at a Regular meeting. on April 9, 1963, with the original record thereof now remaining in my office, and that it is a true and correct transcript therefr:—, and the whole there IN seal of said I have hereunto set my hand and affixed the 9th April At l'otiac, Michigan, this day of 1963,