2001 - Saginaw County

Board of Commissioners August 14, 2001
1. The COUNTY and the LOCAL UNIT approve the acquisition and
construction of the Project under the Act as a part of a water
supply and sewage disposal system to be established by the COUNTY
to serve the LOCAL UNIT to be designated as Saginaw County Water
Supply and Sewage Disposal System (City of Frankenmuth) (the
“System”). The System shall be comprised of existing water and
sanitary sewer improvements provided by the COUNTY to serve the
LOCAL UNIT, as well as the Project. The Project shall consist
generally of the construction of water and sanitary sewer lines,
together with all necessary and related rights in land,
appurtenances and attachments, and the Project and the area to be
served thereby are more specifically set out in the plans for the
Project prepared by the Engineers and referred to in the preamble
hereto.
2. The LOCAL UNIT hereby consents to the use by the COUNTY of
the public streets, alleys, lands and rights-of-way in the LOCAL
UNIT for the purpose of constructing, operating and maintaining
the Project and any improvements, enlargements and extensions
thereto.
3. The Project is designed to serve the LOCAL UNIT and the users
of the System and is immediately necessary to protect and preserve
the public health, and the LOCAL UNIT does, by these presents,
consent to the furnishing of water supply and sanitary sewage
disposal service, as provided in Section 7 hereof, to the
individual users of the LOCAL UNIT. Both parties specifically
agree, however, that the COUNTY shall not have the right to take
over operation of the Project and serve individual customers
directly, the COUNTY being limited to other remedies prescribed in
this contract in the event of any default hereunder by the LOCAL
UNIT.
4. The Commissioner and the LOCAL UNIT hereby approve and
confirm the plans for the Project prepared by the Engineers and
the estimated cost thereof in the sum of not to exceed $1,725,000.
Said estimated cost includes all surveys, plans, specifications,
acquisition of property for rights-of-way, physical construction
necessary to acquire and construct the Project, the acquisition of
all materials, machinery and necessary equipment, and engineering,
engineering supervision, administrative, legal and financing
expenses in connection with the acquisition and construction of
the Project and the financing thereof.
5. The COUNTY will acquire and construct the Project, and for
that purpose has caused bids to be taken for the acquisition and
construction thereof. The COUNTY shall in no event enter into any
final contract or contracts for the acquisition and construction
of the Project if such contract price or prices will be such as to
cause the actual cost of the Project to the LOCAL UNIT to exceed
the installment obligations approved in Section 9 of this
contract, unless the LOCAL UNIT, by resolution of its legislative
body, (a) approves said increased cost and (b) agrees to pay said
increased amount, either in cash or by specifically authorizing
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