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HomeMy WebLinkAboutOrdinances - 1981.09.17 - 8530; ".-•.1 • • V r 1 ORDINANCE NO. 23 AN ORDINANCE TO REPEAL ORDINANCE NO. 21, AND ORDINANCE NO. 22 AND TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF THE OAKLAND-ORION SEWAGE DISPOSAL SYSTEM TO SERVE AREAS IN THE TOWN- SHIP OF OAKLAND IN SAID COUNTY; TO PROVIDE FOR THE ACQUISITION OF NEW AND THE CONNECTION TO EXISTING SEWAGE DISPOSAL FACILITIES AS A PART or SAID SYSTEM; TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BONDS TO DEFRAY THE COST THEREOF; TO PROVIDE FOR THE RETIRE- MENT AND SECURITY OF SAID BONDS; AND TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID SYSTEM AND SAID BONDS THE COUNTY OF OAKLAND, IN THE STATE Of MICHIGAN ORDAINS: Section I. Ordinance No. 21 and Ordinance No. 22 of the ordinances of the County of Oakland, as adopted on August 14, 1980, and January 15, 1981, respectively, are hereby each repealed. Section 2. Whenever used in this ordinance Or in the bonds to be i --;sued hereunder, except when otherwise indicated by the context: (a) The term. "County" shall ba construed to mean the County of Oakland, a political „subdivision of the State of Michigan. Cs) The tern "Board Of Commissioners" shall be con- • strued to mean the Board of Commissioners of said County of Oakland, the legislative and governing body thereof. • 7 ' , (c) The term "County Executive" shall be construed to mean the elected County Executive in the County acting pursuant to Act No. 139 of the Public Acts of Michigan of 1973, as amended, providing for an optional unified form Of government. (d) The term "Department of Public Works" shall be construed to mean the department by that name established by the County pursuant to said Act No. 139 and responsible to the County Executive. (e) The term "public corporation" shall be construed to mean the Township of Orion or the Township of Oakland in the County, or combination ;thereof, in whose corporate limits facili- ties(of the system or areas in the district are located and which have contracted or will contract with the County with re- spect to the use of and payment for the Oakland-Orion System. Each public corporation will be sometimes described herein as "Onton" and "Oakland" respectively. (f) The term "Contract for Services" shall be construed to mean the OAXLAND-ORION SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES entered into between the County and Orion, dated as of Augu.st 1, 1980, and the AMENDMENT ND. 1 TO OAXLAND-oRION SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES, dated as of January 1, 1981, both of which have been executed and delivered heretofore and are Le-confirmed and re-adopted and includcd herein by reference, and the AMEND•ENT NO. 2 TO OAELAND-ORION SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES, dated as cf August 1, 1981, the last being in form Substantially as follows: AMENDMENT NO. 2 TO OAKLAND-ORION SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES This Amendment No. 2 to Contract was made and entered into as of the 1st day of August, 1981, by and between the COUNTY OF OAKLAND, a Michigan county corporation, acting by and th:ough Its County Executive and Department of Public Works, party of the first part, (hereinafter sometimes referred to as the "County" and the "Department of Public Works"), and the TOWNSHIP OF ORION, a Michigan township corporation located in the County of Oakland . (hereinafter referred to as the "Township"), pa::ty of the second part, all in the State of Michigan. WHEREAS, the County is presently engaged in carrying out proceedings pursuant to Act No. 94 Of the Michigan Public Acts of 1933, as amended, to finance, construct and operate a sanitary sewer as an extension of the Paint Creek Interceptor (herein some- tiraes called the "Interceptor") in the Clinton-Oakland Sewage Disposal System (herein sometimes called the "System"), a sewage disposal system established by the County pursuant to Act No. 185 of the Michigan Public Acts of 1957, as amended, and more recently. extended and enlarged by the County pursuant to Act No. 342 of the Michigan Public Acts of 1939, as amended; and WHEREAS, the contracts and agreements among the County and the Township ant other units of government in the County pertaining to the Paint Creek Interceptor in the Clinton-Oakland Sewage D.isposal System permit the County and the Township to acire additional 'ewacre disposal facilities as extensions of and connections tc- said 1nterceptor and System within the des :plated s!Ilrvico aroc,!-. anri 7'-15-tri.s7t thereof; • WHEREAS, the County and the Township have entered into the Oakland-Orion sewage Dispsoal System Contract for Services, dated as of August 1, 1980, and Amendment No. 1 thereto, dated as of January 1, 1982, (herein collectively with this Amendment No. 2 sometimes called "Contract for Services"); and WHEREAS, the County, acting pursuant to the powers vested in it under the provisions of Act No. 94, Public Acts of Michigan of 1933, as amended, has established and intended to finance the acquisition of the "Oakland-Orion Sewage Disposal System" (hereinafter referred to as the "Oakland-Orion System') for the purpose of collecting, transporting and disposing of sanitary sewage emanating from the areas and in the facilities substantially as shown on Exhibit "A" to said Contract for Services; and WHEREAS, the County has obtained construction bias for and has substantially completed construction of the facilities of the said Oakland-Orion System (herein sometimes referred to as the "project") and a final cst:Lmatc of cost has been px-cprQd which estimate of cost is set forth herein as Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, based on the estimate of costs there has been prepared a schedule of payments to be made by the Township to the County pursuant to the Contract for Services, which schedule of payments is attached hereto as Exhibit ":" and by this ret:erence made a part hereof; and WHEREAS, other amendments to the Contract for Servces are proposed as herein set forth. NOW, THEREFCRE,,in consideraticn of the premises and the covenants of each, the parties hereto agree as follows: 4' 1. Exhibit "B" and Exhibit "C", hereunto attached, are hereby each approved and adopted and any and all references to Exhibit "B" or Exhibit "C" in said Contract for Services- shall refer to the Exhibit "13" and Exhibit "C" as hereunto attached. 2. The amount of the revenue bonds to be issued by the County Of $2,100,000, as set forth on Exhibit "B" hereunto attached, is approved and adopted as an amendment to paragraph 3.b. of this Contract for Services. The references to capitalized interest during the period of construction in paragraph 3 and to capitalized interest in paragraph 7 are hereby eliminated because Exhibit "B" hereunto attached no longer provides for capitalized interest as an item of project cost. . 3. As amended hereby, the Contract for Services shall be and remain in full force and effect as therein provided. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written, COUNT)! OF OAKLAND - on behalf of the Oakland-Orion Sewage Disposal System By County Executive TOWNSHIP C7 ORIN 13y Supervisor And wsn