HomeMy WebLinkAboutResolutions - 1983.02.03 - 11514February 3rd, 1982
Miscellaneous Resolution # 83016
By Planning and Building Committee - Ann. M. Hobart, Chairperson
In re: Evergreen-Farmington Sewage Disposal System
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, by agreement dated December 30, 1958, as amended on July 12,
1961; June 13, 1963; and March 1, 1975, tile City of Detroit, by its Board of Water
Commissioners and the County of Oak land, by its Board of Public Works entered
into the Sewage Disposal Agreement for the Evergreen-Farmington district; and
WHEREAS, the City of Detroit, acting through its Board of Water Commissioners,
filed with the U. 5, District Court a Motion for Order to Show Cause why all suburban
contract customers of the Board of Water Commissioners of the City of Detroit should
not be required to enter into contract amendments containing provisions mandated by
the Settlement Agreement, dated July 19, 1978; the Amended Consent Judgment, dated
August 26, 1980; and by the provisions of Public Law 92-500 and Public Law 95-217,
applicable to user charge systems and sewer use ordinances, and a proposed amended
contract having been attached to said petition; and
WHEREAS, on April 15, 1982, the U. S. District Court ordered the City of
Detroit, acting through its Board of Water Commissioners to draft contract amendments
for each suburban customer of the system consistent with the exhibit attached to the
aforesaid Motion; and
WHEREAS, the U. S. District Court also ordered that the duly authorized
legislative body or agency of each suburban customer of the City of Detroit shall
implement the requirements of the Amended Judgment and Rate Settlement Agreements
by adopting and approving such amendments as binding and lawful contractual
obligations of each such suburban customer, and that such action shall be taken so
that the amendments shall be in full force and effect on or before July 1, 1982.
Page 2
NOW THEREFORE BE IT RESOLVED that the "Amendment No, 4 and Amendment
No, 5 to Sewage Disposal Agreement, City of Detroit - County of Oakland (Evergreen -
Farmington)" are hereby approved and the Chairman of the Oakland County Board of
Commissioners is hereby authorized and directed to sign said amendments.
MR. CHAIRPERSON, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution,
PLANNING AND BUILDING COMMITTEE
AL
AMENDMENT NO. :0 TO
SEWAGE DISPOSAL AGREEMENT
CITY OF DETROIT - COUNTY OF OAKLAND
(EVERGREEN - FARMINGTON)
THIS AMENDATORY AGREEMENT is made this day
of , 1982, between the CITY OF DETROIT, a municipal
corporation organized under the laws of the State of Michigan,
by its Board of Water Commissioners (hereinafter referred to as
the "BOARD"), party of the first part, and the COUNTY OF
OAKLAND, a public body corporate under the laws of the State of
Michigan (hereinafter referred to as the "COUNTY"), party of
the second part.
WITNESSETH:
WHEREAS, the BOARD operates a wastewater treatment
works which is composed of a sewage treatment plant, located in
the City of Detroit at 9300 West Jefferson Avenue, along with
certain appurtenant interceptors and pumping stations, located
principally at various places within the City of Detroit, but
some of which are located outside the City of Detroit, which
are necessary to transport the sewage to the treatment plant,
and
WHEREAS the BOARD has at various times entered into
contracts with a number of suburban communities whereby the
BOARD has agreed to make available its treatment works to pro-
vide sewage treatment and disposal service to the suburban com-
munities, and the suburban communities have agreed to pay rates
established by the BOARD for providing such service, and
WHEREAS these sewage service contracts are for the
protection of the public health, safety and welfare of the
people in the community, in the county, in the state, in the
nation and neighboring nations, and
WHEREAS, the calculation and allocation of costs of
providing sewage treatment and disposal service, including
transportation of the sewage, have been the subject of some
disagreement between the BOARD and the suburban communities,
and the rates and charges resulting from the calculation and
allocation of costs have been the subject of litigation, and
WHEREAS, in an effort to avoid further litigation
about rates and charges for sewage treatment and disposal ser-
vice, including transportation of the sewage, the BOARD and all
of the suburban communities then under contract for such ser-
vice, entered into a Settlement Agreement which was filed in
the United States District Court for the Eastern District of
Michigan on July 19, 1978, (hereinafter referred to as the 1978
Settlement Agreement) and
WHEREAS, the 1978 Settlement Agreement contains rate
making principles which shall govern the methods of calculating
and allocating costs and the resultant rates and charges, and
the Settlement Agreement also requires that all service con-
tracts shall be amended to incorporate these rate making prin-
ciples therein, and
WHEREAS, an Amended Consent Judgment was entered in
United States District Court Civil Action Numbers 77-71100 and
80-71613 which required all communities and agencies under con-
tract with the City of Detroit for sewage treatment services to
enact and diligently enforce sewer use and industrial waste
control ordinances consistent with and at least as stringent as
those of the City of Detroit, and
2
WHEREAS, a Settlement Agreement filed with the United
States District Court for the Eastern District of Michigan on
August 26, 1980 resolved matters of rates, allocation of the
costs of the interceptor collapse at the intersection of Hayes
and 15 Mile Road, User Charge System, Industrial Cost recovery
and other matters related to rates effective January 17, 1980,
(hereinafter referred to as the 1980 Settlement Agreement) and
WHEREAS, a Settlement Agreement filed with the United
States District Court for the Eastern District of Michigan in
May, 1982 resolved matters of rates, allocation of the costs of
the interceptor collapse in the Edison Corridor, Sterling
Heights, Michigan; amended in part, paragraph 5B of the 1978
Rate Settlement Agreement dealing with the principle of maximum
debt financing in connection with application of the additional
bond test required by Section 10 of Ordinance 517-E of the City
of Detroit, and other matters related to rates effective during
the fiscal year July 1, 1981 through June 30, 1982 (hereinafter
referred to as the 1982 Settlement Agreement), and
WHEREAS, the United States Environmental Protection
Agency has given the Board approval under the Step 3 grants
provisions of Public Law 92-500 and Public Law 95-217 condi-
tioned upon the signing of the service agreements between the
Board and each contract customer providing for implementation
of satisfactory user charge systems, sewer use ordinances or
regulations and the Board's industrial Cost Recovery System by
each community served by the BOARD, and
WHEREAS, the Court in Civil Action No. 77-71100 issued
an Order Re Service Contract Amendments dated April 15, 1982
requiring the parties to amend their contracts as aforesaid,
3
NOW, THEREFORE, in consideration of the promises and
the covenants herein made, the parties hereto agree that the
existing contracts between them dated December 30, 1958 and
June 13, 1963 shall be amended as follows, but except as pro-
vided herein the existing contracts remain in full force and
effect:
1. The COUNTY shall pay the BOARD for sewage
treatment and disposal service at such rates as the
BOARD may establish from time to time. The BOARD
shall review the rates annually and shall adjust them
as may be necessary to maintain a proportionate dis-
tribution of costs among user classes, and to generate
sufficient revenue to pay the total costs of the sew-
age system. Rate adjustments shall be determined
according to the following principles:
A. Revenue Requirements. Revenue requirements
shall be based upon the finances required to
meet all operating, maintenance, capital
requirements including debt financing and
coverage, and any obligations imposed by
law, and shall reflect not only recent cost
experience but also a recognition of the
reasonably estimated future cost levels dur-
ing the period for which the rates are being
established.
(1) Operating and maintenance expenses of
the system.
(a) Operating and maintenance expenses
shall include replacement of pro-
cess equipment, accessories, or
appurtenances which are necessary
4
to maintain the capacity and per-
formance for which the treatment
works is designed and constructed.
(b) The rate for operation and mainte-
nance expenses, including replace-
ment, shall include a factor to be
applied to the volume of sewage
delivered by the COUNTY, and shall
also include surcharges to be
applied to the discharges of indi-
vidual users whose loadings of
specified pollutants exceed normal
loadings. The BOARD shall specify
the pollutants to be surcharged,
and shall define normal loadings
of these pollutants. The rate
shall conform to Section 204(b)(1)
(A) of Public Law 92-500, as
amended, and regulations of the
United States Environmental Pro-
tection Agency (hereinafter refer-
red to as the U.S. EPA), being 40
CFR, 35.929 through 35.929-3.
(2) Maximum Debt Financing. The BOARD
shall obtain capital funds for the
expansion, renewal and reconstruction
of common use or solely suburban use
major capital assets or improvements
from the issuance of revenue bonds, to
the maximum extent possible together
with maximum use of coverage monies
generated thereby. "Coverage" means
the excess of revenues required to meet
the coverage test over revenue require-
ments determined without respect to the
coverage test. "Coverage Test" means
the requirement imposed by Section 10
of Ordinance 517-E of the City of
Detroit which provides that in the year
of issuance of revenue bonds of stand-
ing equal to those presently outstand-
ing, estimated net revenues shall be
equal to at least one and one-half (1
1/2) times the largest amount of com-
bined principal and interest to fall
due in any future operating year on any
bonds then payable out of the net reve-
nues of the system, including such
additional bonds then being issued.
Detroit shall apply the principle of
maximum debt financing set forth herein
consistent with an interpretation of
the additional bonds test which incor-
porates the following principles:
(a) Estimated investment income of the
DWSD will not be included in
determining revenues.
(b) Future operating and maintenance
expenses estimated to result from
the addition of capital facilities
for which bonds are issued, shall
be included as an expense in
6
determining net revenues only with
respect to the periods in which it
is reasonably estimated that they
will be incurred. The parties
acknowledge that Detroit can
comply with the additional bonds
test by setting future rates suf-
ficient to defray estimated future
operation and maintenance expenses
in the periods in which they will
be incurred.
(3) Depreciation. User charges shall not
reflect a charge for the depreciation
of physical assets, which together with
a rate of return and provision for
operation and maintenance expense would
generate revenues in excess of system
revenue requirements including coverage.
B. Uniform Allocations of Costs Incurred. The
recovery of costs incurred by the system
shall be accomplished through the institu-
tion of rates which assign, allocate and
apportion such costs to all ratepayers on
the basis of principles uniformly applicable
to all, it being the intention of the par-
ties that such rates (whether designed on
the utility or cash basis) will, as nearly
as is practical, recover from each customer
class the respective costs of providing ser-
vice regardless of the ratepayer's loca-
tion. In particular:
(1) If rates are based upon a system of
charging a percentage rate of return on
net asset or capital structure rate
base, (through the use of the so-called
utility basis of rate making) there
shall be no differential in the rate of
return charged to customers residing or
located within the City of Detroit and
customers residing or located without
the City of Detroit. Nothing herein
contained shall prohibit the BOARD from
designing its rates on the so-called
cash basis.
(2) If rates for the transportation charge
to customers served by the Oakland
Macomb interceptor are based upon the
utility basis with a percentage rate of
return, such rate of return shall be
the same as the rate of return charged
to other customers of the system.
Nothing contained herein shall prohibit
the BOARD from employing the cash basis
of ratemaking, including ratemaking for
customers served by the Oakland-Macomb
interceptor. "Transportation Charge"
means the aggregate of all costs
assigned or allocated to contracting
parties served by the Macomb-Oakland
interceptor which are not costs incur-
.
red for service in common with other
customers, including all costs of oper-
ation and maintenance, depreciation,
and, to the extent rates are based on a
rate of return or other charge based on
plant value, the cost resulting from
application of such charge or rate to
the inceptor and related equipment.
(3) Should the cash basis be used in any
future rate study, the allocation of
debt service costs to all customers or
facilities shall be based upon the sys-
tem weighted average interest rate at
the time.
(4) Surcharges shall be utilized to recover
incremental operating, maintenance and
replacement costs incurred in treating
sewage which, at the point of dis-
charge, contains specified pollutants
in concentrations exceeding those of
normal domestic sewage, as defined by
the BOARD.
(5) All costs other than those costs recov-
ered by surcharges as herebefore set
forth, may be recovered by volume
alone, or by volume and surcharges, or
by any method which provides a distri-
bution of costs reasonably related to
the service provided.
C. Following the computation of rates for cus-
tomers residing or located within the City
of Detroit and customers residing or located
without the City of Detroit pursuant to the
principles set forth in this contract, such
rates shall be further adjusted by deducting
from the revenues to be charged customers
within the City of Detroit and adding to the
revenues to be charged customers without the
City of Detroit, and making appropriate
adjustments of the rates for sewage service
to be charged to such customers, an amount
determined as follows:
(1) For the fiscal year 1981 (July 1, 1980
through June 30, 1981), such amounts
shall be the sum of $1,102,500. For
each fiscal year thereafter, such
amount shall be increased by 5%, deter-
mined upon a compounded basis. For
example, the amount for fiscal 1982
shall be the sum of $1,157,625. For
fiscal 1983, this amount shall be the
sum of $1,215,506, and similarly for
succeeding fiscal years.
(2) This payment shall be made, and rates
so adjusted as a payment to reflect the
cost of indirect benefits or services
provided by the City of Detroit to the
BOARD for common use facilities within
the City of Detroit, such as police and
fire protection, the risk of tort lia-
bility, the loss of tax base that the
City loses as a result of the BOARD's
tax exemption, and the fact that the
10
suburbs receive sewage treatment with-
out having to devote any of their land
to a tax free utility.
(3) In the event that the City of Detroit
shall at any time hereafter render
billings or accounting statements for
indirect services to the BOARD such as
police and fire protection, risk of
tort liability, loss of tax base or any
other type of contribution in lieu of
taxes with the effect that such bill-
ings or statements become part of the
BOARD budget for ratemaking purposes,
then the amount of such charges allo-
cated or apportioned to the contracting
customers shall be deducted from the
amount determined pursuant to subsec-
tion 5.C.(1) above, and shall in no
event exceed the amount determined pur-
suant to subsection 5.C.(1) above.
D. The amount charged to the suburbs for pay-
ment for indirect benefits and services set
forth in Paragraph 5.(c) above shall be
allocated among suburban customers in the
same manner in which treatment costs are
allocated.
The BOARD may continue to include in its
rates charges for direct services which the
City currently renders and bills to the
BOARD. Such "direct services" sha
P.
11 be
31
limited to the kind of services historically
provided by offices, departments or agencies
of the City of Detroit such as various kinds
of licenses and permits, electricity, steam,
water, paving, vehicles, and rubbage pickup;
the Ombudsman, the cost of which will be
allocated between the customers within the
City of Detroit and the customers without
the City of Detroit based upon the propor-
tionate number of complaints or inquiries by
each such class of customers; and those
which were included in the BOARD's budget
for fiscal 1978.
No additional charges may be made for
"direct services" provided by other or addi-
tional City offices, departments and/or
agencies without the prior agreement of the
contracting parties. Such agreement shall
not be unreasonably denied or delayed should
it appear that the particular service or
services result in a legitimate, direct
benefit to the system and its customers.
F. Whenever the BOARD shall undertake any study
which may result in the revision of rates,
including any study relating to industrial
cost recovery charges, user charges, or
other matters relating to the requirements
of P. L. 92-500, 33 U.S.C.A. 1251 et seq. as
amended, it shall notify the appropriate
12
agents of Oakland, Wayne and Macomb Coun-
ties, and its other contract customers of
such study, and shall, during the course of
any such study, make available, upon
request, to such contract customers, their
agents, consultants and attorneys, any
interim or preliminary reports and final
reports prepared in the course of such study.
In conjunction with furnishing the aforesaid
reports, the City of Detroit and its consul-
tants at the request of the contracting par-
ties will have a conference with the con-
tracting parties and representatives in
order to explain and discuss the reports
being provided. The requesting party shall
reimburse the BOARD for any out-of-pocket
costs incurred in meeting such request.
Nothing contained herein shall require the
City of Detroit to undertake any activity
which may impede it in complying with the
requirements of the consent judgment dated
September 14, 1977 or other orders of the
Court entered pursuant to P. L. 92-500, 33
U.S.C.A. 1251, et seq, as amended. In addi-
tion, such presentation will be done in a
manner, place, and time mutually convenient
to all of the parties involved including the
City of Detroit's consultants.
13
2. The COUNTY agrees that it shall adopt and
enforce, and shall cause each of the local governmen-
tal units within its jurisdiction for sewage treatment
and disposal service as provided by the BOARD to adopt
and enforce, rules and regulations to implement and
maintain a revenue system whereby, as a minimum, the
operation, maintenance and replacement portion of the
BOARD's rates are distributed proportionately to each
user or user class that is tributary to the BOARD's
treatment works. In particular, these rules and regu-
lations shall provide that surcharges established by
the BOARD for the recovery of incremental operation,
maintenance and replacement costs of treating extraor-
dinary concentrations of sewage, shall be billed to
and collected from individual firms as identified by
the BOARD in its billings. These rules and regula-
tions shall conform to Section 204(b)(1)(A) of Public
Law 92-500, as amended, and regulations of the United
States Environmental Protection Agency (hereinafter
referred to as the U.S. EPA), being 40 CFR, 35.929
through 35.929-3, and shall achieve a proportionate
User Charge System which is effective throughout the
BOARD's service area. The rules and regulations shall
provide for monitoring of commercial, governmental and
industrial users and shall be consistent with the mon-
itoring rules and regulations of the City of Detroit.
The Board shall have the right under said rules and
regulations to audit all monitoring activities includ-
ing the right to perform monitoring tests itself to
verify the accuracy of monitoring results.
14
3. The COUNTY agrees that it shall adopt and
enforce, and shall cause each of the local governmen-
tal units within its jurisdiction for sewage treatment
and disposal service as provided by the BOARD to adopt
and enforce, rules and regulations pertaining to the
use, design and construction of sewers, and the dis-
charge of industrial or commercial wastes into sewers,
where such sewers are tributary to the BOARD's treat-
ment works. Such rules and regulations shall be con-
sistent with and at least as stringent as all appli-
cable provisions of the pertinent ordinances adopted
by the City of Detroit, these being the 1979 amend-
ments to Chapter 56, Article 1, and Chapter 56,
Article 6, of the Municipal Code of the City of
Detroit as they may be adopted and amended from time
to time. In the event any municipality or other gov-
ernmental unit shall fail to adopt an ordinance as
required herein, or shall fail to diligently enforce
the same, the BOARD shall take appropriate action
which may include suit in an appropriate court of gen-
eral jurisdiction alleging such municipality's failure
to adopt or enforce an ordinance, and following a
hearing on the merits, should the court find that the
allegations in the BOARD's petition are true, it is
agreed that such court may, in such instance, grant
appropriate injunctive relief against said municipal-
ity or any individual discharger there; terminate the
municipality's contractual right to discharge waste
waters into the BOARD'S system and/or to grant the
BOARD such other relief as may be appropriate under
the circumstances. These actions shall enable the
BOARD to:
15
A. Deny or condition new or increased contribu-
tions of pollutants or changes in the nature
of pollutants, to the waste collection sys-
tem by Industrial and Commercial Users. The
terms "Industrial and Commercial" user shall
mean those users defined in Section 56-6-3(H)
and (P) of Detroit Ordinance No. 353-H of
Chapter 56 of Article 6 passed on November
7, 1979 and as may be amended from time to
time.
B. Require compliance with applicable current
and future National Pretreatment Standards
and other more restrictive requirements as
may be imposed by the BOARD promulgated by
the U.S. EPA under the Federal Water Pollu-
tion Control Act, 33 U.S.C. 1251 et seq.
C. Control, through permit, contract order, or
similar means, the contribution to the waste
collection system by Industrial and Commer-
cial Users to ensure compliance with para-
graph B above.
D. Require the development of compliance sched-
ules by Industrial and Commercial Users for
the installation and facilities required to
meet applicable National Pretreatment Stan-
dards and other more restrictive require-
ments as may be imposed by the BOARD.
15
E. Require the submission of notices and self-
monitoring reports from Industrial and Com-
mercial Users to assess and assure compli-
ance with National Pretreatment Standards
and other more restrictive requirements as
may be imposed by the BOARD.
F. Carry out all inspection, surveillance and
monitoring procedures necessary to deter-
mine, independent of information supplied by
Industrial and Commercial Users, compliance
or noncompliance with applicable National
Pretreatment Standards and other more
restrictive requirements as may be imposed
by the BOARD. It being further understood
that the BOARD may contract with qualified
parties to carry out the inspection, sur-
veillance and monitoring procedures of this
paragraph.
G. Seek injunctive relief for noncompliance
with National Pretreatment Standards and
other more restrictive requirements as may
be imposed by the BOARD.
H. Require Industrial and Commercial Users to
install containment facilities to protect
the treatment works from accidental spills
of critical or hazardous materials.
4. This amendment shall inure to the benefit of
and be binding upon the respectiVe parties hereto,
their successors and assigns.
17
5. This amendment shall take effect upon its
adoption and execution by the respective parties here-
to, its approval by the City Council of the City of
Detroit, and its approval by the appropriate authori-
ties of the County of Oakland.
Witness (Oakland County)
(signed)
OAKLAND COUNTY (Evergreen-Farmington
A Michigan Municipal Corporation
By (signed)
(typed) (typed)
Title
Address
(signed)
(typed)
Telephone Number
THE CITY OF DETROIT
A Michigan Municipal Corporation, by
its Board of Water Commissioners
Witness (Board of Water Commissioners)
(signed) By (signed)
(typed) (typed)
Title
Witness (Oakland County)
Witness (Board of Water Commissioners)
(signed)
(typed)
FINANCE DEPARTMENT
Address
Telephone Number
LAW DEPARTMENT
No. Date I here- Approved as to form and execution
by certify that an appropriation has subject to approval by the Purchasing
been made to cover the expense to be Director and the City Council
incurred under this contract.
Corpora
Chief Accounting Officer
ion Council
Purchasing Department for the City
of Detroit
The original and copies of this
contract have been duly executed.
Purchasing Director
This contract was confirmed by the
Detroit City Council
Date Page
AMENDMENT NO. 5
SEWAGE SERVICE AGREEMENT
CITY OF DETROIT - COUNTY OF OAKLAND
(EVERGREEN-FARMINGTON DISTRICT)
This amendatory agreement is made this day of , 1982,
between the City of Detroit, a municipal corporation organized under
the laws of the State of Michigan, by its Board of Water Commissioners
(hereinafter referred to as the "Board"), party of the first part,
and the County of Oakland, a public body incorporated under the laws
of the State of Michigan (hereinafter referred to as the "County"),
party of the second part.
WITNESSET H:
WHEREAS, on the 30th day of December, 1958, the Board and County
entered into a written agreement providing for the terms and conditions
under which the Board would accept and treat sewage from the Evergreen-
Farmington Sewage Disposal District, and
WHEREAS, on July 12, 1961, the Board and County entered into
amendment number 1 to the written agreement of December 30, 1958, and
WHEREAS, on June 13, 1963, the Board and County entered into
amendment number 2 to the written agreement of December 30, 1958, and
WHEREAS, on March 1, 1975, the Board and County entered into
amendment number 3 to the written agreement of December 30, 1958, and
WHEREAS, the Board and County have agreed to enter into an
amendment, amendment number 4, to the December 30, 1958, agreement to
comply with an order of the United States District Court for the
Eastern District of Michigan dated April 15, 1982, issued in civil
action number 77-71100, which amendment number 4 will be executed by
the parties contemporaneous with the execution of the present docu-
ment, and
WHEREAS, the Board and County have further agreed to enter into
an amendment, to be known as amendment number 5, to the December 30,
1958, agreement, which amendment number 5 shall clarify the terms
and conditions of the December 30, 1958, agreement which are rendered
ineffective by virtue of amendment number 4.
NOW, THEREFORE, IN CONSIDERATION OF PROMISES AND COVENANTS
HEREIN MADE, IT IS HERETO AGREED that the existing contract between
them dated December 30, 1958, shall be amended as follows, but
except as provided herein the existing contracts shall remain in full
force and effect:
1. By virtue of amendment number 4 to the December 30,
1958, agreement, paragraphs 2 and 3 and the second
sentence of paragraph 4 of the December 30, 1958,
agreement are deleted and rendered ineffective.
2. Amendment number 4 to the December 30, 1958, agree-
ment is hereby revised in the following particulars:
A. Paragraph 1.A.(1)(b) is hereby revised to read
as follows:
(b) The rate for operation and maintenance
expenses, including replacement, shall be
applied to the volume of sewage delivered by
the County, and shall also include surcharges
to be applied to the discharges of individual
users whose loadings of specified pollutants
exceed normal loadings. The Board shall specify
the pollutants to be surcharged, and shall de-
fine normal loadings of these pollutants. The
rate shall conform to section 204 (b) (1) (A)
of public law 92-500, as amended, and regulations
of the United States Environmental Protection
Agency (hereinafter referred to as the "U.S. EPA"),
being 40 CFR, 35.929 through 35.929-3.
B. Paragraph 1.B.(5) of amendment number 4 to the
December 30, 1958, agreement is hereby revised to read
as follows:
(5) All costs other than those costs recovered by
surcharges as herebefore set forth, may be re-
covered by volume alone, or by volume and sur-
charges, or by any mutually agreeable method
which provides a distribution of cost reasonably
related to the service provided.
3. This amendment and amendment number 4 to the December 30, 1958,
agreement shall be construed as complimentary to one another
and not as being in conflict except as expressly stated herein.
4. This amendment shall inure to the benefit and be binding upon
the respective parties hereto, their successors and assigns.
5. This amendment shall take effect upon its adoption and execu-
tion by the respective parties hereto, its approval by the City
Council of the City of Detroit and its approval by the
appropriate authorities of the County of Oakland, retroactive
to July 1, 1982.
:OAKLAND COUNTY (Evergreen-Farmington
•. A Michigan Municipal Corporation
Witness (Oakland County)
(signed) By (signed).
(typed) (typed)
Title
Witness (Oakland County) Address
(signed)
(typed)
Telephone Number
THE CITY OF DETROIT
A Michigan Municipal Corporation, by
its Board of Water Colwissioners
Witness (Board of Water Commissioners)
(signed) By (signed)
(typed)
Title
,(typed)
Witness (Board of Water Cowwissioners)
(signed)
(typed)
Address
Telephone Number
FINANCE DEPARTMENT LAW DEPARTMENT
No. Date I here- Approved as to form and execution
by certify that an appropriation has subject to approval by the Purchasing
been made to cover the expense to be Director and the City Council
incurred under this contract.
Corporation Council
Chief Accounting Officer
Purchasing Department for the City
of Detroit
The original and copies of this
contract have been duly executed.
Purchasing Director
This contract was confirmed by the
Detroit City Council
Date Page
#8301 6 February 3, 1983
Moved by Hobart supported by Perinoff the resolution be adopted.
AYES: Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, McPherson,
Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox, Caddell, Doyon,
Foley, Fortino, Gosling. (21)
NAYS: Calandra. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #83016 adopted by the Oakland County Board of Commissioners
at their meeting held on FebrOary 3, 19.33
with the original record thereof now remaining in my office, an ,-
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 3rd day of February 1933
LY"D. ALLEN, County Clerk/RegiSter of