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HomeMy WebLinkAboutResolutions - 1985.08.08 - 11201August 8, , 1985 Miscellaneous Resolution 85234 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZE DISTRIBUTION OF PROPOSED INTERGOVERNMENTAL AGREEMENT FOR THE DISPOSAL OF SOLID WASTE AND AGREE TO PAY CERTAIN PLANNING COSTS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland has adopted, pursuant to Act 641 of Michigan Public Acts of 1978, as amended, the Oakland County Solid Waste Management Plan . (the "County Plan") providing for the disposal of non-hazardous solid waste and emphasizing the use of resource recovery facilities while limiting the use of sanitary landfills; and WHEREAS, in order to begin to implement the County Plan, there has been presented to the Board of Commissioners a proposed Intergovernmental Agreement for the Disposal of Solid Waste (the "Agreement") to be entered into by the County and each local unit of government within the County except for (i) the City of Pontiac and (ii) the local units of government that are members of the Southeast Oakland County Incinerator Authority ("SOCIA") (all such local units of government other than the City of Pontiac and SOCIA members are hereinafter referred to as the "Municipalities"); and July 30, 1985 INTERGOVERNMENTAL AGREEMENT FOR DISPOSAL OF SOLID WASTE IN OAKLAND COUNTY Summary of Key Provisions* Purpose of the Agreement To implement the Oakland County Solid Waste Management Plan approved in accordance with Act 641. To set forth the terms under which municipalities participate in the System of solid waste facilities serving Oakland County. To ensure that municipalities participating in the System are assigned equitable costs and receive equit- able benefits. • To provide assurance that payments will be made by municipalities for the use of environmentally acceptable System facilities. Selected Definitions Agreement: The proposed Intergovernmental Agreement for Disposal of Solid Waste. Original municipality: Each city, township or village within Oakland County which executes the Agreement within 120 days after the Board of Commissioners of Oakland County authorizes the distribution of the Agreement to local units of government for approval. Additional municipality: Any city, township or village within Oakland County, other than an original municipality, which enters into an agreement for the delivery of solid waste to the System. *Note: The reader is referred to the Agreement for a more complete description of its terms and conditions. County: Oakland County, acting by and through its Board of Commissioners. Plan of Financing: A plan to be prepared by the County Executive with the approval of the Municipal Solid Waste Board which shall set forth (i) the specific method by which the System facilities shall be financed, (ii) the responsibility of the County and all municipalities with respect to such financ- ing, and (iii) the method of computing the System charge for each original municipality and each additional municipality. Plan of Operations: A plan to be prepared by the County Executive with the approval of the Municipal Solid Waste Board which shall specify, among other things, the System facilities and procedures relating to the operation, management and adminis- tration of the System. Solid waste: Solid waste includes non-hazardous garbage, rubbish, ashes, incinerator ash, incinera- tor residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste and animal waste. Human body waste, liquid or other waste regulated by statute, and scrap metal directed to a scrap metal processor or reuser are not considered solid waste. Source separation: Collection and segregation at a site of waste generation for the sole purpose of recycling, fuel recovery or power production. Bottles, cans, newspapers, corrugated containers and metals are among materials which may be recycled. System: The overall, solid waste management and dis- posal system, including eauipment, sanitary land- fills, transfer stations, and resource recovery processing centers. System charge: The amount to be paid by the munici- pality each year for its share of the System costs. System costs: All of the expenses, costs and obliga- tions related to the System, including but not limited to design, construction, financing, opera- tion, inspection, maintenance, repair, replacement, alterations, maintenance of reasonable reserves, land and land use acquisition, administration, overhead, facility use fees, royalty payments to sanitary landfill host communities, costs and expenses in the amount of $183,700 incurred by the County prior to July 28, 1983, and all costs and expenses incurred by the County subsequent to July 28, 1983, in connection with the planning, design and implementation of the System, and incremental expenses for the transport of solid waste to a designated System facility. Tiopina fee: The uniform fee established by the County each fiscal year which is charged to solid waste haulers disposing of solid waste at any of the system facilities. Unit(s): Annual solid waste generation rate(s) as- signed to a residential, commercial or industrial premises. Role of the Municipality - responsibilities under the Agreement include: . Participate as a member of the Municipal Solid Waste Board. • Collecting and transporting or causing to be collected and transported all solid waste from sites of aenera- tion in the municipality, and delivering or causing to be delivered such solid waste to System facilities. Granting permits and licenses to solid waste haulers to effect such collection and transportation and as may be required by ordinances and resolutions adopted by the municipality. Approving the Plan of Financing. Providing the County Executive certain information to assist in the designation of unit assignments. Paying or causing to be paid its tipping fee. Paying its System charge. Role of the County - overall responsibility for setting policy relating to the financing, acquisition, administra- tion, management and operation of the System, including: Approving the Plan of Financing. -3- accord- . Approving an annual budget for the System which will include unit assignments and System charges for all municipalities. Acquiring or causing to be acquired System facilities. Hearing appeals of unit assignment adjustments. Approving all contracts and other agreements relating to the financing, acquisition, administration, manage- ment and operation of the System. Role of the County Executive - responsible for the daily operation, management and administration of the System, including: Preparing the Plan of Operations. Notifying the municipality when all or any part of the System facilities are operational. Designating System facilities for the use of the muni- cipality. Preparing an annual budget for the System. Preparing the Plan of Financing. Making unit assignments and adjustments thereto. Working with the Municipal Solid Waste Board ance with the Agreement. Municipal Solid Waste Board Permanent Board to be established within two (2) months of effective date of Agreement for the purpose of assisting in the implementation, operation, management and administration of the System for the benefit of all participating municipalities. Comprised of one member appointed by governing body of each participating municipality and a member of the County Board of Commissioners. Meetings to be held at least quarterly. Special meet- ings may be called by either the County Executive or at least 25% of the anncinted members of the Municipal Solid Waste Board. • Responsible for approving the Plan of Financing and the Plan of Operations, including approving all contracts and other agreements relating thereto. . Responsible for reviewing and approving the annual budget for the System. The budget will set forth: - System costs - revenues from the sale of steam, electricity and other products - tipping fee to be charged at System facilities - System charges for participating municipalities Action can be taken by a majority of its members. A municipality will lose its seat on Municipal Solid Waste Board if it fails to approve the Plan of Financing. Agreement to Act in Good Faith The County and the municipality, and the County Executive and the municipality, agree to act in good faith during the term of the Agreement and to take such actions as may be necessary to cause the County and the Municipal Solid Waste Board, and the County Executive and the Municipal Solid Waste Board, respectively, to timely agree upon matters under consideration relating to the System. System Charges for Municipalities System charge for each municipality to be determined annually by the County as specifically set forth in the Plan of Financing. System charge shall be calculated on the basis that each municipality will have a pro rata ownership interest, based on total unit assignments, in the System facilities acquired or constructed to accom- modate its participation in the System. System charge will include: - for each original and additional municipality: its pro rata share, based on total unit assignments, of the capital cost of each of -5- (±) the System facilities acquired or constructed to accommodate such municipality's participa- tion in the System; and (ii) its pro rata share, based on total unit assignments, of the operating costs of the System, - Prior to the time that additional System facilities are acquired or constructed to accommodate an additional municipality's participation in the System, such additional municipality shall pay as a customer, not owner, for the use of the then existing System facilities: (iii) in lieu of the amount set forth in (i) above, an amount equal to the pro rata Share being paid pursuant to (i) above, such amount to be held in escrow by the County and applied to the capital cost of additional System facil- ities; and (iv) its pro rata share, based on total unit assignments, of the operating costs of the System; and (v) a surcharge with respect to such operating costs in an amount to be determined in the Plan of Financing. In the event unit assignments of a municipality increase to an amount greater than that set forth in the Plan of Financing, the number of units in excess of such amount shall be treated as units of an additional municipality and the System charge relating to such units shall be determined in the same manner as provided above for an additional municipality. County will pay $687,700 for costs and expenses incurred by the County prior to July 28, 1983 in connection with the planning and preparation of the Act 641 Plan; County shall not be liable to pay any System costs and shall be reimbursed for any System costs paid by the County. • Source separation reduces total unit assignments for a municipality, in proportion to the duantity of waste which is recycled. • Each separate, detached single family residence in the municipality will be assigned one unit. -6- Using uniform criteria approved by the Municipal Solid Waste Board and the County Board of Commissioners, the County Executive will assign units to all commercial and industrial facilities in the municipality, taking into account the nature and type of facilities and activities. Unit assignments and System charges for municipalities are subject to review and approval by the Municipal Solid Waste Board and the County Board of Commissioners as part of the budget approval process. County Board of Commissioners has final authority for budget. Adjustment to unit assignments may be requested by municipalities. The County Executive, with the concur- rence of the Municipal Solid Waste Board, may make adjustments provided that either (1) solid waste is being disposed of on-site in conformance with state law; or (2) in the case of commercial or industrial facilities, sufficient waste is not being generated on the premises to justify the unit assignment. . Decisions of the County Executive and the Municipal Solid Waste Board related to unit assignments may be appealed to the County Board of Commissioners. Payment of System Charges by Municipalities . Municipalities may use one of several methods for obtaining funds to pay system charges: - user fees - millage authorized by statute - additional millage approved by voters -• general fund revenues - other funding source, as permitted by law . Development of a method to pay the system charge is the responsibility of each municipality. Collection and Hauling of Solid Waste Municipalities must ensure that all solid waste gener- ated within their boundaries is delivered to the desig- nated system facilities. Collection and hauling may be done by the municipality (either through contractors or employees) or by private firms and individuals. Licenses, permits and other approvals issued to private haulers by the municipality are authorized and required. The method of ensuring the delivery of solid waste to system facilities, including enforcement of permit or license conditions, is the choice of each municipality. Procedures for operation, management and administration of the System, including hours of operation, schedule for delivery of solid waste to System facilities, routing of deliveries, etc. will be specified in the Plan of Operations. Other Provisions of the Agreement A municipality which executes the Agreement but which disapproves the Plan of Financing shall be obligated to pay its pro rata share of System costs for the planning, design and implementation of the System incurred from July 1, 1985 to the date it disapproved the Plan of Financing. Binding for a period of either 25 years or the date on which bonds or notes issued to finance system facilities have been fully amortized and discharged, whichever is later. 0303/f/7 -8- Draft 7/30/85 INTERGOVERNMENTAL AGREEMENT FOR THE DISPOSAL OF SOLID WASTE BETWEEN COUNTY OF OAKLAND AND [MUNICIPALITY] G303A/b/7 Draft 7/30/85 TABLE OF CONTENTS ARTICLE I DEFINITIONS PAGE Section 1.1 Definitions 2 ARTICLE II SYSTEM PARTICIPANTS Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Role of the Municipality 6 Role of the County ....... . . 7 Role of the County Executive 7 Establishment and Role of Municipal Solid Waste Board 7 Agreement to Act in Good Faith 9 Compliance with Act 641 9 Section 3.1 Section 3.2 ARTICLE III SYSTEM ACQUISITION Acauisition of System Facilities Requests for Proposals . . . . . . 9 9 ARTICLE IV SYSTEM FINANCING Section Section Section Section Section Section Section Section Section Section 4.1 Plan of Financing 4.2 Unit Assignments . . . 4.3 Basis of System Charge . 4.4 User Charges 4.5 Responsibility for Colle 4.6 Payment of System Charge 4.7 Preparation and Approval 4.8 Accounting and Audit 4.9 Uniformity . . . 4.10 Disposition of Surplus, If 10 10 11 12 ction Costs. . 13 13 of Budget . . 13 13 14 Any 14 Draft 7/30/85 PAGE ARTICLE V SYSTEM OPERATIONS Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Plan of Operations 14 Source Separation. . . . . .. 15 Delivery of Solid Waste. . . 15 Acceptance of Solid Waste 16 Weigh Scales and Records 16 ARTICLE VI ENFORCEMENT Section 6.1 Section 6.2 Section 6.3 Section 6.4 Responsibility for Enforcement 16 Local Operations 16 Assistance with Permits and Approvals 17 Additional Actions 17 ARTICLE VII MISCELLANEOUS Section Section Section Section Section Section Section Section Section Section Section Section Section 7.1 Agreement to Reimburse County 7.2 Term . 7.3 Termination. 7.4 Amendments . 7.5 Effect of Breach 7.6 Assignability 7.7 Waiver Not to be Construed 7.8 Severability 7.9 Duplicate Originals 7.10 Notices. 7.11 Captions 7.12 Governing Law 7.13 Effective Date 17 18 ..... . . . . 18 19 20 20 20 20 21 21 21 21 21 SCHEDULE A SCHEDULE B SCHEDULE C G303A/c/7 Draft 7/30/85 INTERGOVERNMENTAL AGREEMENT FOR THE DISPOSAL OF SOLID WASTE This Agreement is made and entered into as of the day of , 1985, between the County of Oakland, Michigan (the "County") and the of Michigan, a public corporation (the "Municipality"). WITNESSET H: WHEREAS, there exists in the County, for reasons of public health and because of the requirements of State law, a need to implement a plan to provide for the collection and disposal of all non-hazardous solid waste generated in the County; and WHEREAS, as required by Act No. 641 of the Public Acts of Michigan, 1978, as amended ("Act 641"), the County has prepared a Solid Waste Management Plan (the "Act 641 Plan") providing for the disposal of such non-hazardous solid waste and emphasizing the use of resource recovery facilities while limiting the use of sanitary landfills; and WHEREAS, the Act 641 Plan calls for the disposal of such solid waste, the conversion of a portion of such solid waste to energy and the recovery and reuse of a portion of such solid waste, using a combination of sanitary land- fills, transfer stations and resource recovery facilities (the "System Facilities"); and WHEREAS, the Act 641 Plan has been approved by the Board of Commissioners of the County, has been approved by the required percentage of all municipalities within the County, and has been approved by the Director of the Michigan Department of Natural Resources; and WHEREAS, to implement the Act 641 Plan and to finance the acquisition and construction of the System Facilities required to implement the Act 641 Plan, this Agreement is entered into between the County and the Municipality. Draft 7/30/85 NOW, THEREFORE, in consideration of mutual benefits and of the promises and covenants set forth herein, the County and the Municipality hereby agree, as follows: ARTICLE I DEFINITIONS 1.1 Definitions. All terms used in this Agree- ment shall have the meaning and specific definition identi- fied below. Such definitions shall be equally applicable to both singular and plural forms. (a) "Act 641" shall mean Act No. 641 of the Public Acts of Michigan, 1978, as amended. (b) "Act 641 Plan" shall mean the County of Oakland Solid Waste Management Plan approved by the County Board of Commissioners on August 26, 1982, and by the Director of the Department of Natural Resources on July 28, 1983, pursuant to the requirements and provisions of Act 641, and any amendments thereto adopted in accordance with Act 641. (c) "Additional Municipality" or "Addi- tional Municipalities" shall mean any municipality in the County, other than an Original Municipality, which enters into a binding, long-term agreement with the County substantially in the form hereof for the delivery of Solid Waste to the System, and in the aggregate all of such municipalities. (d) "All Municipalities" shall mean, collectively, the Original Municipalities and all Additional Municipalities. (e) "County" shall mean the County of Oakland, in the State of Michigan, acting by and through its Board of Commissioners. (f) "Fiscal Year" shall mean the fiscal year of the System, i.e., the calendar year. -2- Draft 7/30/85 (g) "Fully Operational" shall mean that date upon which the consulting engineer designated by the County certifies that one or more or all of the System Facil- ities necessary for the operation of the System are functional, have been tested and are capable of processing or handling Solid Waste in the manner specified in the Act 641 Plan. (h) "Municipality" shall mean the of , a Michigan public corporation located within the County. (i) "Municipal Solid Waste Board" shall mean the Municipal Solid Waste Board established pursuant to Section 2.4. (j) "Original Municipalities" shall mean each city, township or village within the County, duly executing an agreement substantially in the form hereof prior to 198 ,* and listed in Schedule A to be attached hereto and made a part hereof. In the case of each township, Original Municipality will refer to the unin- corporated portions of such township and shall not include any village lying wholly or partially within such township, unless the contrary is expressly stated in such agreement and in Schedule A to be attached hereto. (k) "Owner" or "User" means any Person owning or occupying Premises which are a Site of Generation. (1) "Person" shall mean any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons. (m) "Premises" shall mean any enclosed area in the County used for residential, 120 days after the effective date of the resolution adopted by the Board of Commissioners of the County authorizing this Agreement to be sent to local units of government for approval. -3- Draft 7/30/85 commercial or industrial purposes, separately or in combination, to which a separate street address, postal address or box, tax roll description or other similar identification has been assigned to or is in use by a Person having control of the area and which is a Site of Generation. (n) "Single Family Dwelling Unit" shall mean a separate, detached single-family residence. (o) "Site of Generation" shall mean any Premises in the Municipality in or on which Solid Waste is generated by any Person. (p) "Solid Waste" means non-hazardous garbage, rubbish, ashes, incinerator ash, incinerator residue, street clean- ings, municipal and industrial sludges, and solid commercial and solid indus- trial waste, animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or non-ferrous scrap directed to a scrap metal processor or to a reuser of ferrous or non-ferrous products. Solid Waste shall not include any of the foregoing disposed of at a Site of Generation in accordance with Act 641. (q) "Solid Waste Disposal Services" shall refer to the collection, trans- portation, processing, including dis- posal of Solid Waste generated in the Municipality and not disposed of at a Site of Generation. (r) "Solid Waste Hauler" shall mean any Person who provides for collection and transportation of Solid Waste from a Site of Generation to the System Facilities. (s) "Source Separation" shall mean the segregation and collection at a Site of Generation prior to entry into the System of components of Solid Waste, for -4- Draft 7/30/85 the sole purpose of recycling (or re- covering for fuel or power production within the County as permitted by Act 641 and the Act 641 Plan) such components including but not limited to bottles, cans, newspapers, corrugated containers and metals. Source Separation shall not include the shipment of Solid Waste for subsequent segregation. (t) "System" shall mean the County's overall, solid waste management and disposal system and every aspect thereof including, but not limited to, equip- ment, sanitary landfills, transfer stations and resource recovery process- ing centers acquired, constructed or operated or to be acquired, constructed or operated by the County or any agent, designee or contractor in connection with implementation of the Act 641 Plan. (u) "System Costs" shall mean all of the expenses, costs and obligations relating to the System, including but not limited to design, construction, financing, operation, inspection, main- tenance, repair, replacement, altera- tions, modifications, additions, capital, interest, maintenance of reasonable reserves, land and land use acquisition, insurance, administration, overhead, alternate and/or emergency disposal, facility use fees, royalty payments to sanitary landfill host communities, costs and expenses in the amount of $183,700 incurred by the County prior to July 28, 1963 and all costs and expenses incurred by the County subsequent to July 28, 1983, in connection with the planning, design and implementation of the System, and the incremental expenses incurred in transporting Solid Waste to a designated System Facility as provided in Section 5.1. (v) "System Charge" shall mean the amount to be paid by the Municipality each year for its allocable share of the System Costs, determined in accordance with Section 4.3. -5-- Draft 7/30/85 (w) "System Facility" or "System Facil- ities" shall mean each of the items of equipment, sanitary landfills, transfer stations and resource recovery facili- ties, and in the aggregate all of such items, called for in the Act 641 Plan and as specifically approved and identi- fied for the purposes of this Agreement by the Municipal Solid Waste Board and the County, and any revisions therefor and supplements thereto adopted pursuant to Act 641, the Act 641 Plan and this Agreement. (x) "Tipping Fee" shall mean the uniform fee established for each Fiscal Year by the County in approving the budget for the System for such Fiscal Year which is charged to Solid Waste Haulers disposing of Solid Waste at any of the System Facilities. (y) "User Charges" shall mean the amounts charged by rate or by ad valorem or benefit assessment levied by the Municipality with respect to Persons or Premises in the Municipality for dispos- ing of Solid Waste at the System Facili- ties. (z) "Unit" or "Units" means the annual solid waste generation rate assigned to a Single Family Dwelling Unit pursuant to Section 4.2. ARTICLE II SYSTEM PARTICIPANTS 2.1 Role of the Municipality. The System is to be acquired, constructed and operated for the benefit of All Municipalities. The Municipality has the responsibility to take certain actions as provided in this Agreement which are required for the operation of the System. These responsi- bilities include, but are not limited to: collecting and transporting or causing to be collected and transported all Solid Waste (except for that Solid Waste described in Section 4.2) from Sites of Generation in the Municipality and de- livering or causing to be delivered such Solid Waste to -6- Draft 7/30/85 System Facilities; granting permits and licenses to Solid Waste Haulers to effect such collection and transportation and as may be required by ordinances and resolutions adopted by the Municipality; approving a Plan of Financing; providing the County Executive certain information to assist in the designation of Unit assignments; paying or causing to be paid its Tipping Fee; and paying its System Charge. 2.2 Role of the County. The County has overall responsibility for setting policy relating to the financing, acquisition, administration, management and operation of the System as provided in this Agreement. This responsibility includes, but is not limited to: approving the Plan of Financing; approving an annual budget for the System, which will include the Unit assignments and System Charges for All Municipalities; acquiring or causing to be acquired System Facilities; hearing appeals of Unit assignment adjustments; approving all contracts and other agreements relating to the financing, acquisition, administration, management and operation of the System; and enforcing obligations of the Municipality under this Agreement. All matters that come before the County pertaining to the System will be referred to the appropriate committee of the Board of Commissioners of the County in accordance with the rules of the Board of Commissioners. 2.3 Role of the County Executive. The County Executive is responsible for the daily operation, management and administration of the System as provided in this Agreement. This responsibility includes, but is not limited to: preparing a Plan of Operations relating to the operation, management and administration of the System; notifying the Municipality when all or any part of the System Facilities are operational; designating System Facilities for the use of the Municipality; preparing an annual budget for the System; arranging for weigh scales and records relating to Solid Waste deliveries to System Facilities; preparing a Plan of Financing; making Unit assignments and adjustments thereto; accounting for and causing an annual audit to be prepared for the System; working with the Municipal Solid Waste Board in accordance with this Agreement; and providing notice to the County and others of a default of a Munici- pality in paying its System Charge. 2.4 Establishment and Role of Municipal Solid Waste Board. (a) The County and the Municipality agree that within two (2) months following the effective date of this Agreement, determined pursuant to Section 7.13, there shall be established a permanent Municipal Solid Waste Board for the purpose of assisting in the implementation, operation, management and administration of the System for the benefit -7- Draft 7/30/85 of All Municipalities. The Municipal Solid Waste Board shall consist of one member from each Original Municipality and Additional Municipality appointed in each case by the governing body of such Municipality, and the chairperson or designee of the appropriate committee of the Board of Commissioners of the County appointed by the Chairperson of the Board of Commissioners of the County. In the event the Municipality fails to approve the Plan of Financing as provided in Section 4.1, the Municipality shall no longer be entitled to be represented on the Municipal Solid Waste Board. (b) The Municipal Solid Waste Board shall have access to books, records and financial reports of the System. The Municipal Solid Waste Board shall meet at least on a quarterly basis or more often as it shall determine or at the call of the County Executive or of at least twenty- five percent (25%) in number of the appointed members of the Municipal Solid Waste Board, in writing addressed to all members and the County Executive, or as provided in the rules adopted by the Municipal Solid Waste Board pursuant to (c) below. At such meetings the Municipal Solid Waste Board shall consider and approve the Plan of Financing and the Plan of Operations, including approval of all contracts and other agreements relating thereto, and such other matters as are provided in this Agreement. The Municipal Solid Waste Board shall have the power to appoint such committees as it deems appropriate in order to carry out its functions as set forth in this Agreement. Unless otherwise specified or required in this Agreement, the Municipal Solid Waste Board shall act by resolution of a majority of its members. In the event the Municipal Solid Waste Board fails to take any action with respect to any matter requiring its approval pursuant to this Agreement within the time specified in this Agreement for such approval, or within thirty (30) days after such matter is referred to it if no time is specified, such matter shall be deemed to have been approved by the Municipal Solid Waste Board for the purposes of this Agree- ment. (c) The County shall provide the Municipal Solid Waste Board with such clerical and secretarial person- nel and such funds as may be reasonably required to carry out its functions. The Municipal Solid Waste Board shall adopt rules and regulations relating to its conduct and to carry out its obligations under this Agreement, which rules and regulations shall be subject to approval by the County. The Municipal Solid Waste Board will serve without compen- sation, except that reimbursement of expenses may be pro- vided. Any costs attributable to such clerical and secre- tarial personnel, any funds advanced by the County to the -8- Draft 7/30/85 Municipal Solid Waste Board and any expenses for which members of the Municipal Solid Waste Board are reimbursed shall be included in the System Costs and shall be con- sidered costs of the administration of the System. 2.5 Agreement to Act in Good Faith. (a) The County and the Municipality agree to act in good faith during the term of this Agreement and to take such actions as may be necessary to cause the County and the Municipal Solid Waste Board to timely agree upon matters under consideration relating to the System and to resolve any differences per- taining thereto. (b) The County Executive and the Municipality also agree to act in good faith during the term of this Agreement and to take such actions as may be necessary to cause the County Executive and the Municipal Solid Waste Board to timely agree upon matters under consideration relating to the System and to resolve any differences per- taining thereto. 2.6 Compliance with Act 641. In no event shall the Municipality, the County, the County Executive or the Municipal Solid Waste Board take, or be authorized by this Agreement to take, any action not authorized or permitted by law, and especially Act 641, the Regulations of the Michigan Department of Natural Resources implementing Act 641 and the Act 641 Plan. ARTICLE III SYSTEM ACQUISITION 3.1 Acauisition of System Facilities. Subject to the prior approval of the Municipal Solid Waste Board, the County will arrange, by purchase, lease, contract or other- wise, for the acquisition of System Facilities. 3.2 Reauests for Proposals. The contents of any requests for proposals which may be sent by the County or the County Executive to any Person in connection with the proposed acquisition of System Facilities shall be approved by the Municipal Solid Waste Board. -9- Draft 7/30/85 ARTICLE IV SYSTEM FINANCING 4.1 Plan of Financing. The System Facilities shall be financed in accordance with the Plan of Financing to be prepared by the County Executive with the approval of the Municipal Solid Waste Board. The Plan of Financing shall set forth (i) the specific method by which the System Facilities shall be financed, (ii) the responsibilities of the County and the Municipality with respect to such finan- cing, and (iii) the method of computing the System Charge for each Original Municipality and each Additional Municipality. The Plan of Financing so prepared shall be submitted to the County and the Muncipality for approval. The Plan of Financing shall be incorporated in an amendment to this Agreement, and upon approval of the Plan of Financing by the County and the Municipality, the County and the Municipality irrevocably agree to execute, deliver and carry out such amendment to this Agreement when necessary. 4.2 Unit Assianments. (a) In connection with the determination of (i) the System Charge for the Muni- cipality for each Fiscal Year pursuant to Section 4.3 and (ii) the aggregate Unit assignments for the Municipality, with the prior approval of the Municipal Solid Waste Board, the County Executive shall assign a uniform solid waste rate (expressed in terms of one Unit) for each Single Family Dwelling Unit in the Municipality and different solid waste generation rates for all other residential, commercial and industrial facilities in the Municipality depending on the nature of the facility and the type of activity conducted therein, in accordance with criteria approved by the Municipal Solid Waste Board and the County. The system of assigning units for residential, commercial and industrial facilities shall be uniform for All Municipalities and shall be based on existing land use, census data or other popula- tion information, tax rolls, tract indices or other similar available information which will be utilized by the County Executive in making such determinations as provided above. The Municipality agrees to furnish to the County Executive annually such ,information, reasonably requested by the County Executive, that is necessary to enable the County Executive to make the annual aggregate Unit assignments as required by and provided in this Agreement. (b) Upon receipt of a resolution adopted by the governing body of the Municipality, the County Executive, with the prior approval of the Municipal Solid Waste Board may make adjustments for the next succeeding Fiscal Year to the Unit assignment of an individual Owner or User made in -10- Draft 7/30/85 accordance with subsection (a) based upon a finding by the County Executive that the Municipality has established either of the following: (i) the Solid Waste of the Owner or User is being disposed on the Site of Generation in an approved manner in compliance with all applicable law and in conformance with the Act 641 Plan; or (ii) the Owner or User (other than an Owner or User of a Single Family Dwelling Unit) is not generating sufficient waste to justify the Unit assignment. The County Executive shall notify the Munici- pality in writing of the decision within 60 days of the receipt of such request for adjustment. (c) If the County Executive does not make the requested adjustment to the Unit assignment of an Owner or User, the Municipality may within 30 days after receipt from the County Executive of an adverse decision, appeal such decision to the County. In acting on such appeal, the County shall be limited to determining if the adverse deci- sion is supported by the evidence presented to the County Executive. Any decision by the County in connection with such an appeal, or by the County Executive as provided above in the absence of such an appeal, shall be final and con- trolling, subject to Section 7.5. 4.3 Basis of System Charge. (a) Subject to any other obligation to pay any interim fee for the usage of a portion of the System prior to the date the County Executive notifies the Municipality that one. or more of the System Facilities is or are Fully Operational, the System Charge shall be determined by the County in approving the budget for each Fiscal Year such that the revenues from the opera- tion of the System for such Fiscal Year, including but not limited to, revenue from the sale of steam, electricity and other products, Tipping Fees and the System Charges to be received from All Municipalities, shall be sufficient to pay for all of the System Costs for such Fiscal Year. (b) The System Charge for each Original and Additional Municipality shall be calculated on the basis that each such Municipality will have a pro rata ownership interest, based on Unit assignments, in the System Facilities acquired or constructed to accommodate its participation in the System, notwithstanding the fact that the Plan of Operations may provide that such Municipality's Solid Waste be delivered to System Facilities other than those in which it has ownership interest, and that until additional System Facilities are acquired or constructed to accommodate the participation of one or more Additional Municipalities in the System, such Additional Municipality will be deemed to be a customer and not an owner of the then existing System Facilities. Accordingly, the System Charge -11- Draft 7/30/85 for each Original and Additional Municipality for each Fiscal Year shall include (i) the pro rata share, based on Unit assignments, of the capital cost of each of the System Facilities acquired or constructed to accommodate such Municipality's participation in the System, and (ii) the pro rata share, based on Unit assignments, of the operating costs of the System, regardless of whether the Municipality is an Original Municipality or an Additional Municipality. Prior to the time that additional System Facilities are acquired or constructed to accommodate an Additional Municipality's participation in the System, an Additional Municipality shall pay as part of its System Charge, (x) in lieu of the amount set forth in clause (i) of the preceding sentence, an amount equal to the pro rata share being paid pursuant to said clause (i) by an Original Municipality based on equivalent Unit assignments, such amounts so paid by an Additional Municipality to be held in escrow by the County and applied to the capital cost of such additional System Facilities, and (y) a surcharge with respect to the operating costs set forth in clause (ii) of the preceding sentence in an amount to be determined in the Plan of Financing, such surcharge to be applied to reduce the operat- ing costs to be paid by the Original Municipalities for which the then existing System Facilities were acquired or constructed. (c) In the event that the annual Unit assignments of a Municipality increase to an amount greater than that set forth in the Plan of Financing, the number of Units in excess of such amount shall be treated as Units of an Addi- tional Municipality and the System Charge relating to such Units shall be determined in the same manner as provided herein for an Additional Municipality. (d) It is understood and agreed that the County shall be liable for and obligated to pay $687,700 for costs and expenses incurred by the County prior to July 28, 1983 in connection with the planning and preparation of the Act 641 Plan, but the County shall not be liable for or obligated to pay any System Costs and shall be entitled to be reim- bursed from System Charges for any and all System Costs paid by the County. (e) The System Charge shall be determined annually by the County as provided above and as more specifically set forth in the Plan of Financing. 4.4 User Charges. To meet its obligations under this Agreement, the Municipality shall take any and all action necessary to authorize, impose, enforce and collect, User Charges in such manner and upon such Persons as in its -12- Draft 7/30/P5 discretion it deems appropriate. The Municipality recog- nizes that its User Charge system shall be subject to applicable constitutional, statutory and charter provisions. User Charges shall be collected by the Municipality from Persons or Premises in amounts sufficient to pay the System Charge when due. There is reserved to the Municipality the right to fix User Charges in such amounts as will produce additional moneys which may be used by the Municipality for any lawful purpose relating to solid waste disposal services rendered to or on behalf of Owners or Users within the Municipality. If requested by the Municipality, the County Executive agrees to provide services to the Municipality for the billing and collecting of User Charges and the Munici- pality agrees to pay the fees established by the County Executive for any such services. 4.5 Responsibility for Collection Costs. The Municipality shall be solely responsible for and shall bear the total cost, expense and other obligation connected with the collection and transportation of Solid Waste generated within its boundaries prior to its delivery to the System. In discharging its responsibility under this Section 4.5, the Municipality may authorize Solid Waste Haulers to con- tract with Owners and Users in the Municipality to collect and transport such Solid Waste to the designated System Facility. 4.6 Payment of System Charge. The Municipality agrees to pay its System Charge at the times and in tl -ne amounts set forth in the Plan of Financing. 4.7 Preparation and Approval of Budget. On or before August 1 of each year, the County Executive shall submit to the Municipal Solid Waste Board a proposed budget for the System for the next succeeding Fiscal Year. The proposed budget shall set forth in detail for the next succeeding Fiscal Year (i) projected System Costs, (ii) projected revenues from the sale of steam, electricity and other products, (iii) the proposed Tipping Fee and System Charges for All Municipalities, and (iv) the aggregate Unit assignments to be in effect for each Municipality for such Fiscal Year. On or before September 15 of each year, the Municipal Solid Waste Board shall approve the proposed budget, with such changes and modifications as it deems appropriate, and shall, on or before October 1 of each year, forward the proposed budget, as approved to the County for its approval. The Municipality acknowledges and agrees that the County, in approving the proposed budget, may make whatever changes in the budget approved by the Municipal Solid Waste Board as it deems appropriate. -13- Draft 7/30/85 4.8 Accounting and Audit, The County Executive will account to the Municipal Solid Waste Board and the Municipality for his administration of the System. The County Executive will keep proper books of record and ac- count, in accordance with generally accepted accounting principles, consistently applied. Such books and records, together with all documents and materials relating to the System, shall be available at all reasonable times for in- spection by the members of the Municipal Solid Waste Board and the Municipality. The County shall contract for an annual audit by independent, certified public accountant(s) and shall provide the Municipality with a copy of the audit results, including the auditor's opinion, within one hundred twenty (120) days after the close of the Fiscal Year. 4.9 Uniformity. The methodology for determining the System Charge shall be the same for Original Municipali- ties; provided, however, the County shall pay, but only from System Charges received from All Municipalities, a royalty to any Municipality in which one of the operating landfills in the System is located. The amount of any such royalty will be determined by the County with the prior approval of the Municipal Solid Waste Board. 4.10 Disposition of Surplus, If Any. In the event that in any Fiscal Year during the term of this Agreement revenues to the County derived from operation of the System as provided in this Agreement shall exceed all System Costs, such amount in excess of all such costs shall be deemed a surplus in the Fiscal Year in which such surplus was created. If the Municipal Solid Waste Board and the County shall determine that a surplus exits for any Fiscal Year, such amount shall be treated as a revenue of the System for the next succeeding Fiscal Year in determining the System Charge for such Fiscal Year. ARTICLE V SYSTEM OPERATIONS 5.1 Plan of Operations. The County Executive shall prepare and disseminate a Plan of Operations for the System with the approval of the Municipal Solid Waste Board. The Plan of Operations shall be disseminated to all Munici- palities on a date agreed to by the County Executive and the Municipal Solid Waste Board that is at least three (3) months prior to the date that one or more of the System Facilities is or are Fully Operational. Such Plan of Opera- tions shall specify, among other things, the System Facili- ties, procedures relating to the operation, management and -14- Draft 7/30/85 administration of the System, including hours of operation, a schedule for delivery of Solid Waste to System Facilities for All Municipalities, routing of such deliveries, pro- visions for the deliveries of Solid Waste, issuance of authorizations to and regulation of delivery vehicles, measurements for quantity, quality and other characteristics of Solid Waste, a method of reimbursement to Municipalities for incremental costs incurred in transporting Solid Waste to a designated System Facility beyond a designated dis- tance, billing, rules and regulations relating to the use of the System and such other items as may be appropriate to the operations, management and administration of the System. The Municipality agrees that the County Executive may modify the Plan of Operations when in his judgment any such modifi- cation is warranted for the more efficient operation, manage- ment or administration of the System. Notwithstanding the foregoing, the County Executive shall not make any material modifications to the Plan of Operations without the prior approval of the Municipal Solid Waste Board unless (i) in his judgment it is impracticable to obtain such prior appro- val as a result of an emergency or other similar situation and (ii) the County Executive shall present such modification to the Municipal Solid Waste Board for action within thirty (30) days after such modification is made. 5.2 Source Separation. The Municipality or an Owner or User, prior to collection of Solid Waste for de- livery to the System Facilities, shall have the right to engage in Source Separation for its own account. The aggre- gate annual Unit assignment of the Municipality determined pursuant to Section 4.2, upon presentation of evidence satisfactory to the Municipal Solid Waste Board and the County, shall be reduced by the number of Units representing the actual tonnage of Solid Waste that is not being delivered to the System as a result of Source Separation within the Municipality. 5.3 Delivery of Solid Waste. As soon as the County Executive, with the approval of the Municipal Solid Waste Board, notifies the Municipality that one or more of the System Facilities is or are Fully Operational, the Municipality shall provide or cause to be provided Solid Waste Disposal Services for all Solid Waste generated within its boundaries, except as provided in Section 5.2, to be delivered from Sites of Generation to the System Facilities designated in the Plan of Operations. The Municipality shall collect and transport or cause to be collected and transported all such Solid Waste from Sites of Generation in the Municipality and deliver or cause to be delivered such Solid Waste to the System Facilities in compliance with Act 641 and the Act 641 Plan. The Municipality further agrees -15- Draft 7/30/85 to issue such permits and licenses to Solid Waste Haulers so as to require such Solid Waste Haulers to deliver all Solid Waste from Sites of Generation in the Municipality to the System Facilities, only as provided in this Agreement. Act 641 and the Act 641 Plan. 5.4 Acceptance of Solid Waste. All Solid Waste generated within the boundaries of the Municipality will be accepted at the System Facilities. The Municipality and the County agree that the System shall be administered so as to comply with provisions of the Act 641 Plan, Act 641, this Agreement and other applicable law. 5.5 Weigh Scales and Records. The County Execu- tive will arrange for or provide, weigh scales and other devices appropriate for determining the quantity and classi- fications of all Solid Waste. The County Executive will be responsible for making and keeping appropriate records of such measurements, which records shall be available for inspection by members of the Municipal Solid Waste Board and the Municipality at all reasonable times. ARTICLE VI ENFORCEMENT 6.1 Responsibility for Enforcement. The Munici- pality shall be solely responsible for the enactment and enforcement of local ordinances required to implement this Agreement as well as to establish its own rules and regula- tions pertaining to Solid Waste Disposal Services, not inconsistent with this Agreement, and to protect the public health, safety and welfare The Municipality shall also be solely responsible, subject to Act 641, for the issuance of licenses or permits to Solid Waste Haulers and for the enforcement of the terms thereof and for regulation of the conduct of Solid Waste Haulers and the use of the streets, alleys and public places in the Municipality for the collec- tion and/or hauling of Solid Waste, to the extent authorized bylaw, and for any Source Separation activities. 6.2 Local Operations. Upon execution of this Agreement, the Municipality shall not construct, enlarge, operate or contract for any facility for the treatment and/or disposal of Solid Waste except for any contract listed in Schedule B attached hereto [which shall specify existing contract(s) of the Municipality] or as the County Executive may expressly agree to in writing, subject to the prior approval of the Municipal Solid Waste Board, as being -16- Draft 7/30/85 required on a temporary basis prior to the date that the System is Fully Operational. In addition, the Municipality shall take all such action as may be necessary to insure that, subject to existing contracts, all of its Solid Waste will be delivered to the System once it is Fully Opera- tional. The County will deliver to the Municipal Solid Waste Board a list of all such existing contracts of All Municipalities as such information becomes available to the County. 6.3 Assistance with Permits and APprovals. The County and the Municipality shall use their mutual good faith efforts to execute, issue or obtain such agreements, approvals, licenses, permits, ordinances, resolutions, authorizations and the like as may be necessary or appropri- ate in connection with the design, financing, construction and operation of the System or as may be necessary or appro- priate to carry out the purposes of this Agreement and the implementation of the Act 641 Plan. 6.4 Additional Actions. The County and the Municipality in good faith during the term of this Agreement shall take all such actions as may be necessary or appro- priate to carry out the purposes of this Agreement includ- ing, but not limited to, the enactment of ordinances, reso- lutions and the like. In addition and not limited to the foregoing, to the extent that any System Charges or User Charges shall or may be pledged in connection with the financing of any portion of the System, the County and the Municipality shall each use its best, good faith efforts to defend, preserve and protect such pledge of such Charges. ARTICLE VII MISCELLANEOUS 7.1 Agreement to Reimburse County. The Munici- pality acknowledges and agrees that if, after executing this Agreement, it subsequently disapproves the Plan of Financing, it shall be obligated to pay to the County its pro rata share, as set forth in Schedule C attached hereto, of the System Costs incurred by the County subsequent to July 1, 1985, for the planning, design and implementation of the System. In the event the Municipality executes this Agree- ment but does not approve the Plan of Financing, the Munici- pality agrees to pay to the County, within thirty (30) days following a demand by the County, its allocable share of such System Costs through the date it shall have disapproved or is deemed by the County to have disapproved the Flan of Financing. -17- Draft 7/31/85 7.2 Term. It is the intention of the County and the Municipality that this Agreement shall remain in effect and be binding for a period of the greater of (a) twenty-five (25) years or (b) the date on which the bonds or other evidence of indebtedness issued to finance all or any part of the System Facilities have been fully amortized and discharged. 7.3 Termination. Except as expressly provided below, neither the County nor the Municipality shall have the right to terminate this Agreement for any reason whatso- ever including breach or default in the obligations of either to the other and this Agreement shall, for its term, remain in full force and effect and may at all times be enforced by each upon the other at law or in equity. (a) Notwithstanding the foregoing, and in order to provide further assurances to the Municipality, the Municipality may, on twenty (20) days written notice to the County, mailed within fifteen (15) days of the event(s) below listed, terminate this Agreement without fault or obligation, except as provided in Section 7.1, if, but only if, and for no other reason whatsoever, (i) the County has not, by , 198 ,* entered into Agreements substantially in the form hereof that will provide for the estimated initial aggregate daily tonnage (based upon a 365 day year) of Solid Waste to be de- livered to the System from all Original Municipalities to be at least 600 tons; or (ii) failure by the Municipality to approve the Plan of Financing. (b) Notwithstanding the foregoing, the County may, on twenty (20) days written 120 days after the effective date of the resolution adopted by the Board of Commissioners of the County authorizing this Agreement to be sent to local units of government for approval. -18- Draft 7/30/85 notice, mailed within fifteen (15) days of the event(s) below listed, terminate this Agreement without fault or obliga- tion if, but only if, and for no other reason whatsoever: (i) BY , 198 sufficient municipalities have not signed Agreements substantially in the form hereof that will provide for the estimated initial aggregate daily tonnage (based upon a 365 day year) of Solid Waste to be delivered to the System from all Original Municipalities to be at least 600 tons; or (ii) If any Original Municipality listed in Schedule A attached hereto terminates its Agreement with the County pursuant to Section 7.3(a) above, and the County should then determine that such termina- tion or terminations render it uneconomical to construct or operate the System Facilities or manage the System. 7.4 Amendments. This Agreement may be modified or amended as provided in Section 4.1 or with the concur- rence of the County and the Municipality, except that no such modification or amendment shall permit, without the consent of two-thirds (2/3) of All Municipalities, (i) a change in the method of computing the System Charges for All Municipalities, or (ii) any other change which materially and adversely affects the rights of All Municipalities under this Agreement. This Agreement represents the entire agree- ment between the County and the Municipality and any modifi- cation or amendment of this Agreement shall be in writing and duly executed by the County and the Municipality in accordance with the requirements of this Section 7.4. 7 .5 Effect of Breach. The County and the Municipality specifically recognize that each other is or 120 days after the effective date of the resolution adopted by the Board of Commissioners of the County authorizing this Agreement to be sent to local units of government for approval. -19- Draft 7/30/85 both are entitled to bring suit for injunctive relief, mandamus or specific performance or to exercise any other legal or equitable remedy to enforce the obligations and covenants set forth in this Agreement. In addition, as it is recognized that the successful operation of the System, which involves the safe, lawful and economic collection and disposal of Solid Waste for the public health, is dependent upon All Municipalities meeting the terms and conditions of their agreements in connection with operation of the System, it is agreed that All Municipalities shall be deemed third- party beneficiaries of this Agreement and of all other such similar agreements entered into with the County by All Municipalities. 7.6 Assignability. The County may assign or pledge only rights under this Agreement in relation to the financing of the System as set forth in the Plan of Financing and pursuant to any obligations incurred pursuant thereto, but no other assignment of this Agreement shall be author- ized or permitted by either the County or the Municipality. 7.7 Waiver Not to be Construed. No waiver by the County or the Municipality of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any pledge be deemed to constitute a waiver of any subsequent pledge, whether of the same or of a different section, subsection, paragraph, clause, phrase, word or other provision of this Agreement required of it under this Agreement or by law. The failure of either the County or the Municipality to insist in any one or more instances, upon strict performance of any of the terms, covenants, agreements or conditions in this Agreement shall not be considered to be a waiver or relinquishment of such term, covenant, agreement or condi- tion, but such term or condition shall continue in full force and effect. 7.8 Severability. If any provision, paragraph, sentence, clause or word of this Agreement, for any reason, shall be held to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remainder of this Agreement. This Agreement shall be construed and enforced, consistent with its expressed purposes, as if any invalid and unenforceable provision, paragraph, sentence, clause or word had not been contained herein. The County and the Municipality further agree in good faith to renego- tiate this Agreement, or portions found to be invalid or unenforceable, so as to fully comply with requirements of applicable law. -20- Draft 7/30/85 7.9 Duplicate Originals. This Agreement may be executed in two or more counterparts, any of which shall be an original and all of which shall constitute but one and the same instrument. 7.10 Notices. Notices or other communications between the County and the Municipality or the County Executive and the Municipality relating to any termination of or amendments to this Agreement or to any matters pertain- ing to the annual budget for the System (including, but not limited to, aggregate annual Unit Assignments and the amount or due date of any System Charge) shall be in writing and sent by certified mail, return receipt requested, postage prepaid, to: If to the County: County of Oakland Executive Office Building 1200 N. Telegraph Pontiac, Michigan 48053 Attention: County Executive If to the Municipality: Attention: All other notices or communications given pursuant to this Agreement shall be in writing and sent by first class mail, postage prepaid. The failure to receive any such notice shall not invalidate any of the matters set forth therein if notice has been sent as provided in this Section 7.10. 7.11 Captions. Captions or headings used in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision or section of this Agreement. 7.12 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan. 7,13 Effective Date. This Agreement, upon execu- tion hereof by the County, the Municipality and the County Executive, shall be effective on the date on which the County shall have entered into Agreements substantially in the form hereof that will provide for the estimated initial aggregate daily tonnage (based upon a 365 day year) of Solid -21- Draft 7/30/85 Waste to be delivered to the System from all Original Municipalities to be at least 600 tons. The County shall notify the Municipality in writing of such effective date. IN WITNESS WHEREOF, the County and the Munici- pality have caused this Agreement to be executed in the name of the County and the Municipality all as of the date first above written. Approved by resolution of the Board of Commissioners of the County of Oakland, adopted on , 1965. THE COUNTY OF OAKLAND By: Its: Chairperson of its Board of County Commissioners Approved by resolution of the [Governing Body] of the [Municipality], adopted on , 1985 ATTEST: [MUNICIPALITY] By: Clerk Its: Accepted and agreed to: Oakland County Executive G303A/a/22 -22- Draft 7/30/85 SCHEDULE A ORIGINAL MUNICIPALITIES Municipality Estimated Initial Aggregate Annual Tonnage G303A/d/3 Al Draft 7/30/85 SCHEDULE B EXISTING CONTRACTS G303A/e/2 B-1 Drr!.ft 7/30/85 SCHEDULE C The following sets forth for each of the following Municipalities its pro rata share of the System Costs in- curred by the County subsequent to July 1, 1985, for the planning, design and implementation of the System: MUNICIPALITY Addison Township 0.416 Auburn Hills 1.210 Berkley 1.485 Beverly Hills 1.324 Bingham Farms 0.230 Birmingham 2.732 Bloomfield Hills 0.964 Bloomfield Township 5.997 Brandon Township 0.760 Clarkston 0.098 Clawson 1.274 Commerce Township 1.822 Farmington 1.110 Farmington Hills 6.402 Ferndale 1.990 Franklin 0.418 Groveland Township 0.396 Hazel Park 1.513 Highland Township 1.435 Holly 0.364 Holly Township 0.325 Huntington Woods 0.680 Independence Township 1.988 Keego Harbor 0.238 Lake Angelus 0.068 Lake Orion 0.233 Lathrup Village 0.492 Leonard 0.032 Lyon Township 0.660 Madison Heights 3.054 Milford 0.424 Milford Township 0.572 Northville 0.272 Novi 2.652 Novi Township 0.017 Oakland Township 0.826 Oak Park 2.518 Orchard Lake 0.327 C-1 Draft 7/30/85 MUNICIPALITY Orion Township 1.690 Ortonville 0.097 Oxford 0.226 Oxford Township 0.698 Pleasant Ridge 0.293 Pontiac 5.814 Rochester 0.722 Rochester Hills 4.340 Rose Township 0.419 Royal Oak 5.994 Royal Oak Township 0.400 Southfield 8.334 Southfield Township 0.006 South Lyon 0.424 Springfield Township 0.756 Sylvan Lake 0.197 Troy 7.972 Walled Lake 0.420 Waterford Township 5.674 West Bloomfield Township 5.219 White Lake Township 1.868 Wixom 0.719 Wolverine Lake 0.400 Total 100.000 0303A/f/6 C-2 FISCAL NoTF, BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC WORKS - AUTHORIZE DISTRIBUTION OF PROPOSED INTERGOVERNMENTAL AGREEMENT FOR THE DISPOSAL OF SOLID WASTE AND AGREE TO PAY CERTAIN PLANNING COSTS - MISCELLANEOUS RESOLUTION # TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: . Pursuant to Rule XI-C of this Board, the Finance committee has reviewed Miscellaneous Resolution # and finds: I) County of Oakland Solid Waste Program costs for the period January 1, 1979 through july 1, 1985, total $1,595,000, 2) Such program costs include $1,067,000 incurred by County of Oakland in connection with the planning, design and implementation of the Solid Waste Plan on or before July 28, 1983, (date of Department of Natural Resources approval) and $528,000 implementation costs incurred from july 28, 1983 through July 1, 1985 as shown on the attached summary, 3) Such costs were borne by the County with anticipation of being fully recovered through revenue type bond proceeds. 4) The net program cost total $1,399,400 of which the County agrees to absorb $687,700 expended in prior year budgets from January 1, 1979 through July 28, 1983, and the remaining balance $711,700, will be spread among 61 municipalities upon entering into agreements with the County, 5) The County shall not be obligated to any future monetary commitment; however, advances may be required. The ultimate goal will be the absorption of costs by the municipalities for implementation, acquisition, operation, use, and maintenance of facilities, 6) A budget adjustment will be made upon formation of the Municipal Solid Waste Board. FINANCE. COMMITTEE $528,000 183,700 SUMMARY SOLID WASTE PLAN COST PARTICIPATION 1/1/79 - 7/1/85 Total Program $1,595,000 County Expenses 1/1/79 - 7/28/83 $1,067,000 Less: 1) State Grants thru FY 83/84 (195,600) 2) County Staff & Admin. Implementation Expense (60% of $306,175) (183,700) Total Net County Cost $ 687,700 Municipalities Expenses 7/28/83-7/1/85 Plus County Staff & Admin. Implementation Expenses Total Net Municipalities Cost 711,700 State Solid Waste Management Plan Grants Through FY 83/84 195,600 TOTAL PROGRAM $1,595,000 Prepared by: Budget Division July 19, 1985 WHEREAS, the Agreement has been developed and reviewed with the joint cooperation of the County and representatives of cities, villages and townships within the County; and WHEREAS, the County of Oakland deems it necessary and advisable to authorize distribution of the proposed Agreement to the Municipalities for approval and to pay for certain costs associated with the planning, design and implementa- tion of the County Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, as follows: 1. The Oakland County Executive is hereby author- ized to work with the County Commissioners and local officials to distribute the form of Agreement presented to this meeting to each of the Municipalities for approval, along with a request that each of the Municipalities take action with respect to the Agreement within one hundred twenty (120) days of the effective date of this resolution. 2. The County of Oakland hereby agrees to pay for $687,700 of the costs and expenses incurred in connection with the planning, design and implementation of the County Plan incurred on or before July 28, 1983. Such costs and expenses in the amount of $183,700 incurred prior to July 28,1983 and any such costs incurred subsequent to July 28, 1983 shall be considered a System Cost (as defined in the Agreement) and paid for by the participating municipalities as set forth in the Agreement. -2- OREC-C!,r7 Mr. Chairperson, on behalf of the Pla7 -mng and Eulding Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 03 03/g/5 #85234 August 8, 1985 8th. day of / )August 19 85 EN Clerk/Register of Deeds Moved by Hobart supported by Moffitt the resolution be adopted. Moved by Hobart supported by Moffitt the resolution be amended by executing the following changes to Section 2.4 Establishment and Role of Municipal Solid Waste Board, all on Page 8, sub-paragraph Change #I, on line 11 of sub-paragraph (b), after the words "shall consider and approve", insert WITH SUCH CHANGES AS IT DEEMS NECESSARY. Change #2, on line 12 of sub-paragraph (b), after the word "including', delete "approval of". Change #3, on the seventh line up from the bottom of sub-paragraph (b), after the word "action" insert in parenthesis (INCLUDING BUT NOT LIMITED TO DEFERRAL TO A SUBSEQUENT MEETING.) A sufficient majority having voted therefor, the motion carried. Moved by Moore supported by Price the resolution be amended on Page 8 - Subparagraph 2.4 (a) by adding the following at the end of the paragraph: "THE VOTE OF EACH MEMBER MUNICIPALITY SHALL BE WEIGHTED SO AS TO BE PRO- PORTIONATELY EQUAL TO ITS PRO RATA SHARE OF SYSTEM COSTS AS SET FORTH IN SCHEDULE C ATTACHED HERETO." Discussion followed. Moved by Perinoff supported by Lanni to postpone action on the resolution for two weeks. Discussion followed. Vote on Mr. Perinoff's motion to postpone: AYES: Doyon, Fortino, Lanni, McPherson, Moore, Perinoff, Pernick, Price. (8) NAYS: Webb, Wilcox, Calandra, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Law, McDonald, Moffitt, Nelson, Olsen, Page, Rewoid, Skarritt. (16) A sufficient majority not having voted therefor, the motion failed. Vote on Mr. Moore's amendment: AYES: Doyon, McPherson, Moore, Perinoff, Pernick, Price. (6) NAYS: Wilcox, Calandro, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson, Olsen, Page, Rewold, Skarritt, Webb. (18) A sufficient majority not having voted therefor, the mot Vote on resolution, as amended: AYES: Calandra, Doyen, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Rewold, Skarritt, Webb, Wilcox. (21) NAYS: McPherson, Moore, Price. (3) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution #85234 adopted by the Oakland County Board of Commissioners at their meeting held on August 8, 1985 with the orginiaI record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this