HomeMy WebLinkAboutResolutions - 1980.06.19 - 11991Miscellaneous Resolution 9449 June 5, 1980
/
BY: PLANNING AND BUILDING COMMITTEE
IN RE: '208' FEDERAL WATER POLLUTION ACT - 1980 CONTRACTUAL AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is required by law to comply with Public Law
92-500 of the Federal Water Pollution Control Act Amendments of 1972; and
WHEREAS the County of Oakland, identified as a Designated Management
Agency (DMA), in the Water Quality Management Plan for Southeast Michigan as
required under Section 1 208' of Public Law 92-500 (accepted on June 1, 1978
by Miscellaneous Resolution 8470) DMA designation for the planning, construction
and operation of its wastewater treatment facilities for a one (1) year period
and pay its proportionate share of cost for the functions of continuing areawide
water quality management planning and oversight of plan implementation as required
by law; and
WHEREAS the County of Oakland adopted on April 5, 1979 by Miscellaneous
Resolution 8792 and November 1, 1979 by Miscellaneous Resolution 9152 reaffirmed
its designation as a Designated Management Agency agreed to cooperate in the
preparation of a local implementation strategy plan and to provide financial support
for the functions of continuing areawide water quality planning and oversight of
plan implementation; and
WHEREAS the contract executed under Miscellaneous Resolution 9152 terminated
as of December 31, 1979 for continuing areawide water quality planning and oversight
of plan implementation.
NOW THEREFORE BE IT RESOLVED that the County of Oakland continues to accept
the designation of Designated Management Agency (DMA) in accordance with the Water
Quality Management Plan for Southeast Michigan.
BE IT FURTHER RESOLVED that the County of Oakland, in assuming responsibilities
under the Plan, approves the attached agreement which terminates on December 31, 1980
for the purpose of providing financial support for the functions of continuing areawide
water quality planning and oversight of plan implementation and the Chairperson of
the Oakland County Board of Commissioners is hereby authorized and directed to
execute the necessary agreement for and in behalf of the County of Oakland.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION 1/9449 - '208' FEDERAL WATER POLLUTION
ACT - 1980 CONTRACTUAL AGREEMENT
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 ff9449 and finds the contract covers
a period of January 1, 1980 through December 31, 1980. Said contract
is for planning purposes only and not implementation of any programs.
Included in the planning phase is determination of requirements for a
water quality control program including resource requirements and cost
determination of a means to fund any program. Any plan and funding
means resultant from this plan will be presented to the appropriate
committees before implementation. The 1980 County cost for this program
is $18,900.
The Finance Committee finds $18,900 available in the 1980 Contingent
Fund. Said funds are to be transferred to the Professional Services line-
item in the Department of Public Works - Administration's budget.
FINANCE COMMITTEE
WITNESSETH:
WHEREAS, the County of Oakland, Michigan has accepted designation in
_principle as a Designated Management Agency ("DMA") pursuant to Section 208 of
the Federal Water Pollution Control Act Amendments of 1972, PL 92-500 and the
Clean Water Act of 1977, PL 95-217 and has agreed to perform such DMA functions
as are applicable to it; and
WHEREAS, the Southeast Michigan Council of Governments ("SEMCOG") has
been designated as the continuing planning agency pursuant to Section 703 of
the Federal Water Pollution Control Act Amendments of 1972, FL 92-500; and
WHEREAS, the County of Oakland, as a DMA, requires certain planning services
to assist it in performing its responsibilities as set forth in the Plan and in
applicable Federal and State statutes and regulations and to assure its continued
eligibility for facilities grant monies under Section 201 and 204 of PL 92-500
and under PI_ 95-217; and
WHEREAS, SEMCOG and the -Areawide Water Quality Board ("AWQB"), an agency
-Created pursuant to the Water Quality Management Plan for Southeast Michigan, will
perform certain planning services pursuant to Chapters f and H of the Water
Quality ManageMenr Plan for Southeast Michigan (the "Plan"), which Chapters Of
the Plan have been adopted by SEMCOC and approved by the Governor of the State of
Michigan and 'the United States Environmental Protection Agency,
IT-1S, THEREFORE, AGREED by and between the parties as follows:
•-• • SMCOG and the AWQB will perform the planning services and acts for and
•- in-behalf of the County Of Oakland as are enumerated in Exhibits A and B attached
.herem'and.made part hereof,- as such services and acts are from time to time required.
- 2: In consideration of such services and acts, the County of Oakland
shall remit to SEMOOO a :service charge based on: -
802 of the service charge is calculated on the County -of Oakland's
1978 sewage flow of 4,662,133,000 cubic feet which is multiplied
by $M0346 per 1,000 cubic feet of flow; and
b. 202 of the service charge is calculated on the County of Oakland's
percentage of total area within the SEMCOC, '208' areawide water
quality planning region which is 20.47 (921.5 square miles out
of a total of 4,502.2 square miles).
For the period from January 1, 1980 to December 31, 1980 the service charge to
be remitted by County of Oakland to SEMCOG is $18,900 based on the above formula.
The County of Oakland shall have the sole discretion as to the method of said payment.
3. This agreement shall remain in effect until December 31, 1980.
4. This agreement shall be effective upon the adoption of an appropriate
resolution by the County of Oakland and by SEMCOG. The agreement may be terminated
by any of the parties hereto upon sixty (60) days written notification of such
termination.
5. This agreement may from time to time be amended in the manner of its
original enactment.
IN WITNESS WHEREOF, the parties, hereto have caused this agreement to be
made and executed this day of - , 198 .
BY:
ATTEST:
SOUTHEAST MICHIGAN COUNCIL OF
GOVERNMENTS
Michael M. Glusac, Executive Director _
COUNTY OF OAKLAND
BY:
— Wallace F. Gabler--
ATTEST:
Agreement Date:
#9449 June 19, 1980
Moved by Wilcox supported by Montante the report be accepted and Resolution #9449
be adopted.
AYES: Caddell, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Hobart, Kasper,
Kelly, Lewand, McDonald, Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff,
Pernick, Price, Roth, Wilcox, Aaron. (23)
NAYS: None, (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #9449 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 119449 adopted by the Oakland County Board of
00 ...... 0.1.0 ......... ••n••••00•6••• ..... 00•••••000••••••••••••• ......
Commissioners at their meeting held on June 19, 1980
..••••••••••••••••0••••0••••••••••••6•••••••0••••••0•0•0.• ..... • .........
with the original 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 ........... day of..„J une
...... .19...0
Lynn D, Allen.......... ......Clerk
By ..... ........... ..... ----Deputy Clerk