Chapter 160: Water Authority, Southeastern Oakland County

§ 160-1 Permission to construct on certain highways; highways enumerated; terms.

[Amended 10-5-1987 by Ord. No. 87-13]

The City of Royal Oak, Michigan, a municipal corporation hereinafter referred to as the "City," does hereby grant to the Southeastern Oakland County Water Authority, a public corporation hereinafter referred to as the "Authority," permission to construct, use, maintain, replace and/or repair water mains and appurtenances, in the following highways in said City, to wit:

	In Webster Road from Greenfield Road to Coolidge Highway
	In Webster Road from Oliver Road to Woodward Avenue
	In Woodward Avenue from Webster Rood to Trafford Road and thence across Woodward Avenue to the West line thereof
	In Trafford Road from Woodward Avenue to Coolidge Highway
	In Oliver Road from Grand Trunk Western Railroad to Crooks Road
	In Thirteen Mile Road from Authority easement along west line of William Beaumont Hospital property to Greenfield Road
	In Judson Avenue from east line of William Beaumont Hospital property to Coolidge
	In Greenfield Road from Thirteen Mile Road to Fourteen Mile Road across Twelve Mile Road, Vinsetta Boulevard, Houstonia Avenue, Lloyd Avenue and Northwood Boulevard, at the east line of Grand Trunk Western Railway right-of-way
	In Crooks Road from Oliver Road to Fourteen Mile Road
	In Samoset Road from Crooks Road to the west line of Edgeland Avenue (extended)
	In the public easement over lands formerly constituting Samoset Road (now vacated), from the west line of Edgeland Avenue to the westerly boundary of Nordwood Estates subdivision
	In Fourteen Mile Road from a point 70 feet west of the west line of Edgeland Avenue (now vacated) to Greenfield Road
	In Coolidge Highway from Webster Road to Fourteen Mile Road
	Across Woodward Avenue about 65 feet south of Eleven Mile Road from the east line of Woodward Avenue to the westerly City limits
The following are the locations of existing water mains which are a part of the so-called "North Woodward System" to be acquired by the Authority:
	In Woodward Avenue from the southerly City limits to a point opposite Washington Avenue
	Across a twenty-foot public alley lying west of Woodward Avenue, on a line just south of the north line extended of Lot 19 of Assessor's Plat No. 3 of a part of Lucking's subdivision
	In Ten Mile Road from easterly line of Main Street to westerly City limits
	In Main Street from the Ten Mile Road northerly approximately 50 feet
The following are the locations of an existing 30 inches water main to be acquired by the Authority:
	Across Woodward Avenue at Washington Avenue, thence in Woodward Avenue to Vinsetta Boulevard, thence in Vinsetta Boulevard to the Twelve Mile Road and thence in the Twelve Mile Road to the east side of Vinsetta Boulevard
	In Eleven Mile Road from Woodward Avenue easterly approximately 48 feet
	Upon the following terms and conditions, to wit:

The Authority before constructing the said water mains shall file plans showing the size and location of said mains and appurtenances with the City Engineer;

The Authority shall do all excavating and other work in connection with the construction, maintenance and repair of said water mains in a careful and workmanlike manner so as to cause as little inconvenience as possible to the City and the users of said highways;

The Authority after making any excavation in the City shall restore the surface of all highways and also all sidewalks, pavements and other improvements and all property, both public and private, so that they will be in as good condition as they were previous to such excavation;

The Authority shall not disturb any underground work now existing, such as water mains, sewers, and other such improvements, which are owned by the City or other public corporation, without first obtaining the consent of such owner, and in event of such changes the same shall be made in the manner directed and required by such owner and the entire cost and expense thereof shall be borne by the Authority; provided that, as to changes in such improvements belonging to the City, the City Engineer may act for the City;

The Authority shall hold the City harmless against all damages resulting from the construction, use, maintenance and repair of said water mains and appurtenances;

The City will endeavor to keep other underground utility facilities at least five feet distant from those of the Authority.

§ 160-2 Extensions across highways.

Where a public highway is named above as the terminus for any water main, the permission herein granted shall be deemed to extend across such part of the highway as the Authority may deem necessary.

§ 160-3 Benefit of water supply declared fair compensation.

This permit, and those granted by other constituent members of the Authority, is given so that the Authority may furnish water to such members, and the advantages accruing to this City from having such a source of water supply available are hereby declared fair compensation for the permission herein granted.

§ 160-4 Permission not revocable.

This chapter shall inure to the benefit of and be binding upon the City and the Authority, and their respective successors and assigns, provided they are public corporations; and that the permission herein granted shall not be revocable so long as said water mains shall be a part of the Authority's water supply system or that of a successor or assignee public corporation.