HomeMy WebLinkAboutResolutions - 1960.04.18 - 20994April , 1960
Miscellaneous Resolution No.
Recommended by the Board of Public Works,
Re: Evergreen Sewage Disposal System Extension No,
Mr. Horton presented the Agreement referred to in the follow-
ing resolution, a copy - of which has been sent to each member of the
Board of SuiJ)ervisors.
The following resolution was offered by Mr. Horton:
"WHEREAS, the Oakland County Board of Public Works, on Apri
, 1960, did approve a form of Agreement to be dated April
19 60, between the County of Oakland and the City of Bloom-
field Hills and the Township of B.loomfield for the extension of
the„ Evergreen Sewage Disposal System to be known as Extension No.
1, and did authorize the Chairman and Secretary of the Board of
Public Works to execute said agreement subject to the approval oi
this Board of Supervisors;. and
WHEREAS, the above mentioned municipalities constitute all of
the parties needed to contract with the County for 1000 of the cost
of the project; and
WHEREAS, the said Agreement has b en -executed by all, of the
said municipalities,
NOW THEREFORE BE IT RESOLVED,.that the Chairman and Secretary
of the Board of Pub ic Works be and they are hereby authorized and
directed to execute and deliver on behalf said County of Oakland,
an a greement to be dated April 10, 1960, between the County of
Oakland and the Cit.:/ of Floor eld Hills and the Township of Bloom-
field, which reads as follows:
• 7.-Tc.A'r '
THIS ACT -_iENT made this
by and b:
tion (hereinafter called the
TENSION NO AGREEMENT
19,o(
county corpora-
Party of the first part,
and the CITY OF BLOOMFIELD HILLS and the Tc ,i..,7-T1p 07 7,J.0o117IFLD,
municipal corporations in the County of Oakland (herejnaftor
called the municipal*tes''), parties of the second part,
ITEF}].A5., the Oakland County ,koa-d of SupervIs Or s by resclu-
ti-TJ . No, 3 269, adopted August as amended= by
reaoluticn, Misc.F=. adopted October 13. 1 07 d Id approve
of establishment of the ..-vergreen Sewage Disposal System to serve
the Evergreen C Disposal District within which district
of the cn hl of r-loomfield and all of
City of B1oom-
field and
W 1:1-7
pursuant to the Eve uaage ispc'sal System
Agreement, datef'i or nr')1--ZP , amend ed d2.-1-1J., :71.7 CIL° "I
agreements
1953,en 22, and February 9, 1959, all
.••cn the County of Oakland anti the Cities of 17 irmif gham,
Bloomfield Hi1J, Lathrup Vii.:v ,gP, Troy and Southfield, the Village
leverlyHi II a and the Townships. of 74loomfleld
and Pontiac, teal -0-nnontions in said County of Oakland, the
said -. - ,
.
trr1P7 r blic Works, did
quire the the original Evergreen Sc -;., osal System and rlid
finance such , ,,,,,i, -±L_Lun. by the d.E.s.ance of bonds in ,icipation
of payments Co be made by said municipal corporations to the county
, ,4 h ".,nR of said. agreem ,enL,,, n r' (Truance , in. --„
(herein referred to as the E Fase
as amended
WF-FREA9, Act No 135 of
r "bil e Act s of 1957, as
crr ,n t a no t he beard of utile workt in any county hey-
1mg a Department of Public Works the pu,__ t- c cxl end any ny-st em
acquired pLrsuart
An interceptor acT
at a point near the
on- I:eli .ne-h2if mile n
and northr1 --.
==q, R1OF to th..
Lely. 1000 ft. s o uth of Hickory Grove Road.
inning at an existing sewer
line of Secti.on 23, approxi-
-:171 of tote Pine Road; thence
through -s ,=-'etiens 2 2, 15, 16
test siO: of Telegraph Road,
WHEREAS, is necessary- to extend s2id :a;ze disposal
system in said Township of Bloomfield and City of Bloomfield Hills
referred to as ext ension no , nrn
visions of Act No, 185 the Michigan Public Acts of 1957,
amended, for the purpose of collecting and disposing of sewaf-
originating within that part of the said district located in said
municialities, and issue bonds to finance such extension no,
in anticipation of the collection by. the county of amounts to
become due under this cont=ct between the county and the
municipalities, parties he whereby these
agree each to pay a certain sum towards the cost of extension.
no 1; and
VHEREAF, munloipa --, 4, V .11.1 th e green Sewage Dis-
nict will be affected by the ennstructon of sal ,';
extension no, I ant
WHEREAS, in nl-dPr to issue such bonds, it is necessary that
the county and the said muni(7 4ipatlities ices hereto, enter
Into this agreement; and
WHEREAS, the intent of Pub ii c Woe he (hereinafter some-
times referred to as the 7)PW") has obtained plans, specifications
and an estimate of cost for the construction of said extension
no, I, prpared by T-Tru771, Roth& Clark, Inc,, registered pro-
feslonal engin e ers, anft a description of the approximate route
of said extension no. 1, which is as follows:
Also a :.:„,.roepting sower north of
from a 0.--nt cat of Shallow Brook Grit
side of Telegraph Road,
Rood
in: the weat
Also an interceptl
ft, east nf the
southerly and
Pine Ro ad; iii
sewer beginn ing at a point
corner of Section 22; thence
Road south of bone
oath on Lahser Road to barton
,„ 2
Also an interc, ing sewer beginning at a point alo-
proximately- 8(Y,.) rt, north of Lone Pine Rd. and 850
ft at c,„1-7 Rd.; thence northwesterly to
Latser Road
THEREFORE, IT TS 1-7.277Y AGREFD BY AND 7477 WEEN THE PARTIES
1117RETO, 05 foDlows;
The plans and. .icatjons Icr extension no, 1 as
prepared. by MI.,:ibbe -1 1 , Roth Tao., registered professional
engineers, are horeb7 proved and adopted In the form in -it'd:led
by the parties hereto ,,,f'Aer the date hereof, and the estimate of
cost t-,hc i s and adop,ed in the amci:.n. of $490,000
as set ,orth on 7,xhjbit
rtd and pavt hereof ,
The said no 1. shall consist o, Iccatod -,
proximately as sot forth abovd and .:.7hion arc generally shown
on Exhibit ,o oar t hd reof The ,'sPid
p. and specifications and estimate of cost shli be submitted
Co , he, out 7.7- board cf suporvasors Co l or• v,a Ith an " ,
or resol oproved Board 01 fuJ,),L-
Works, T,-Iroyiding fer the 'isswilnc ,-, of bonds by th,(-- countv as
hereinafter provided, in an aggregate principal sum net excoed-
c JOOt of the Pstimter-1 c.ost, If such bond ordinance
or resoiuton shal'i be 7?clortPil by said hoard of supErvisors, then
the DPW shall proceed. to'sccure '-Jr the construction of the
,olect, to secure bids for the prohase of the bonds, to award
the construction car - issue the boncis, I sh2,11
cause the nrdiec- to be co istructe 6 w-Ithln a reasonabi ,, time
thref Car
The said extension no, -I (herein sometimes referred to
as the "proje t") mar he daaIeet Into sections by the DPW for
purposes of constl-uctlon -.Itting of ednstrdctien contracts
Said ext sion no, 1 being an extension of that part of
the Evergveen S 2 1,d,
nc4r 4- n) toe Rys tom t o s _nye the Evergreen
Sewage Disp•sal District, the provisions of r,--ry ohs R thru
and II thru TR of hen Tias Agreement shall cont'Inue an fu11 force
and Elfect notwithstanding this agreemr.t,
10CL (\0000%
above
Each of said municipalities shall pay to the county, to
cover the capital cost of extension no. -I, a sum Equal to th at
c aced by app T ho followine to the cpitai
cost therec,f, to-wlt
Township of ticomfield
City. of Bloomfield Hills
Mr...,MrkT
The term 9 capital cost'' as
include:
cost of any lands or rights therein,
ara necessary therefor,
The cost of 17, . nnd
Archit.;:ctural, engin ing, financial
and :legni
Capitd1l7cd interest on bonds for a
peric.d not exc e eding one and one-half
7ears.
e) Any discount at whicti bonds are tn be
nxfred,
-inistrat -ivF costs in connection with
project and with the sale of bonds
erefor
the necessary bests directly con-
,..:].cted with the said iprnjct and th e
financing thareof.
r111-1 c.: cunt to
-paid by each cipality shall be
divided into 30 annual , numbered in direct order of
their maturities. The PggregatL amount of each installment as
to both mnici .ailties and the division thereof between the
municipalities are set forth in Exhibit C hereto attached and
made a part hereof. Said installments shall be due in consecutive
numerical order on the first dav of April in each year, beginning
with the year 7 and all amounts thereof from time to time
ta il, shall bear interest from the .hate of the issuance of
the bonds by the county, at the rate of 6Z per annum unti -
payable on April 1 1961, and on the first day of
ii in each
year t he ten ,
• - ,r? Apt 1 of
any year on urxnaid Inst ella shall be collected by the county
in excess of the amount of interest which the county shall be
required to pay upon its said bona ior to the next contract
c\r'inclpal insaliment aue any such excess in the amount
so after deducting the annual fees and expenses connected
with the payment of said bonds, he credited pro rata to the
municipalities in accordance with the several amounts of inte -st
id by them in such year, which credit shall be applied on the
next interest becomingdue, If either munic sha 77, fall
to pay any installment or interest h the s ome becomes due,
then the amount thereof shall be penalt y , 1., subject
addition to interest, of 1/2 of 1% for each month or fractlon
tfnereof that the same remains unpaid aftert'-ie due :ach
municiPality may pay in advance maturity all or any part
an annual installment by surrendering to the county bonds issued
in anticipation payments :lade under this contract, of
a lik principal mcunt maturing the s ame calendar year, with
p future due interest coupons attached thereto, Accrued
interest upon the amount so paid upon any installment, and accrued
Interest upon the 13(-,nds surr e ndered, shf=1 -11, be adjusted to the
date of surrender and any difference snail be paid in cash, All
cambere d bonds and ccu:pors shall be canceled
ur percer mentioned in paragraph 4 above shall
be computed upon the stimated cost until the actual cost has
been determined If the actual ,'ost shall be less than the
estimated cost, then any surplus from the sale of bonds therefor
shall be used to curchase such bonds on the open market , anrq in
such event the aggregate installment from the two munic ipalities
in the year or in cacti cf the; years in which the bonds so pur-
chased mature, shall be reduced by the principal amount of such
bonds and each .pality shall be credited in .:oz,-,dance with
its percen as set in paragraph 14 Any b.c.nds so
purchased s, canceled The est imated cost a bove referred
to shall be that -,'!at forth In Exhibit. A her e to, If the actual
cost shall he preater than the estimated cost, then the additional.
amount sha'll be allocated he municipalities in accordance
with the percentages set forth in paragraph 4. hereof, and the
several then remaining installments for each municipality shall
Increased accordingly.
Each municipality does 4 ..Et eby pledR its full faith and
credit for the prompt payment of the afor e said obligations and
shall each year levy a tax in an amount taking into con-
sideration estimated delinquene-_les in tax collections, will be
sufficient for the promvt payment of any amunt falling due
before tte time of the following veal-'s tax collection, unless
at the time of m such a levy there shall be cash fh.
hand (as provided ton in --, 7:'agraph (2)
7 2, of At No
185, Public Acts of 1957, as ]I:.ItiCc for the
of the curr ent obligations for which the tax 1evy is to be made,
in which c the annual tax levy may be reduced by that ,lount.
'Punds for which creoilt be so, taken, may be raised in the
manner proviaet, in paragraph , Section 12 of said Act 185
Public Acts as now existing or hereafter amended, T
either municipality be subject to the tax limitation of Antic
X, Section 21 of the M.Ich'[.p'Pt Constitution and stall not have
increased such limitaton sufic -L-ntly to T,-)rovide for the pay-
ment of its annual inst=1,11ments of princl„pal and interest, then
it agrees that it will at the ryf making each annual tax levy
sr-t, aside from other funds eenerreJnt eeoal to ouch principal in-
stallment and interest 5r-id that it will freer. time to time raise
sufficient Cs threfer one or mo7",,, of the methods et Forth
In paragraph (c.) f sa her the exaction
of conni--ct',-on chas.
The county shall Issue +- neg otiable bonds to defray
the cost of said extension no I which bnnds shall be secured
primarily b7 the foil faith and credit pledges of the several
municipalities under Lhis agr ee and secondarily by the:
f-71 faith and crPri_i„,t f Oakland County if authorized cy a thr
fifths (3/5thE,.) vote of the mem 51610 t board of of the ,
supervisors, as provided for in paragraph (2), Section 11 of said
Act 185, Public At 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 ,,,rth said
9. The provisions of this agreement shall net be modified
or terminated so as to impair the security of any hoods issued
by the county upon the full faith and credit pledges of the
municipalities. It is hereby declared that the terms of this
agreement insofar as they pertain to the security of any such
bonds, shall be deemed to be for the benfit of the holders of
said bonds,
10 This agi%fement shall become effective upon being ap-
proved by the legislative bodies of the municipalities and by
the board of public works and board of supervisors of Oakland
County and properly executed by the officers of the municl alit:
and of the board of public works, This contract shall terminate
when the Base Agreement terminates,
IN WITNESS WFEREOF, the parties hereto have caused this
agreement to be executed an :( felivered by their respective duly
authorized officers, all as of the day and yar first above
written_
COUNTY OF OAKLAND
BY ITS SCD OF PUBLIC WORKS
cITY OF BLOOMFIELD HILLS
By
lay or
ecretary
TOWNSHIP OF BLOONFIBLD
,Supervisor
Town s hip
By By
-7-
BE IT FURTHER RESOLVED, that the officers of the Board of
Public Works are authorized to execute and deliver such number of
orizinal copies of said Agreement; as may deem advisable.
Mr. Horton moved the adoption of the foregoing resolution.
The motion was sup -ported by . On roll call
the resolution was adopted ty the following vote:
Yeas:
Allorton, Bender, Bloc, Brickner, Calhoun, Cardon, Carey, Charteris, Cheyz,
Christensen, Clack, Clark, Cummings, Davis, Dickens, Dohany, J. W. Duncan,
R. Duncan, WM. Duncan, Ewart, Fouts, Frid, Goodspeed, Hall, Hamlin, Heacock,
Hildebrandt, hoard, Hocking, Holmes, Hulet, Hurs fall, Ingraham, Johnson,
Kephart, Knowles, Lahti, Levinson, Love, MacDonald, Major, Marshall, McCartney,
McGovern, McPherson, Melchert, Menzies, Clarence Miller, Cyril Miller, Mitchell,
0/Donoghue, Oldenburg, Osgood, Potter, Quinlan, Rehard, Romer, Rhinevault,
Schemansky, Schock, Semann, Sinclair, Smith, Solley, Staman, Stevens, Taylor,
Tiley, Tinsman, Veil, Webber, Yockey. (72)
Nays:
None, (0)
Absent:
Alward, Bonner, Croteau, Elliott is, Hill, Horton Hudson, Lewis, Rowston,
Swanson. (11)
Of hICKICAN
OAFI
I, tbt A„Gctr ; C,cuuty Clerk of the Cola
that the .o a true and coliple of
a reEolution adopted by the Board of Supervisors of said Co
April 180 1960, the origin a]. of which is on file