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HomeMy WebLinkAboutResolutions - 1980.05.22 - 120929433 May 22, 1980 Miscellaneous Resolution BY: • PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson RE: DETROIT AREA FACILITIES PLAN COORDINATING AND STUDY COMMITTEE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Whereas, there are over twenty Section 201 Facilities Plans for wastewater treatment facilities currently - being prepared in the Counties of Macomb, Oakland and Wayne and the City of -Detroit; - Whereas, certain aspects of these plans •overlap govecn- Iliental jurisdictions and there is a great need for coordination between th units of government in the following plan component - Population and sns,-2 , flow p,o1 ,Uoils - Configuration of interceptor sewer systems - Disposal of treatment residuals - Transfer of flows between treatment systems - Combined sewer overflow control measures - Public participation - Transfer of information between various plans; Whereas, there is a continuing need for coordination with the Water Quality Management Plan for Southeast Michigan as prepared by the Southeast Michigan Council of Governments and with the Michigan Department of Natural Resources and the United States Environmental Protection Agency; And Whereas, Michigan Act 200 of 1957 allows for the Counties and the City to establish and organize, by resolution of their governing bodies, a committee for the purpose of co- ordinating and studying problems of mutual interest, including sewers and sewage disposal, to formulate recommendations and to coordinate and conduct all types of surveys and studies relating to mutual problems; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND THAT such a coordinating and study committee be established and organized pursuant to Act 200 of 1957, as amended, with membership consisting of representatives from each of the Counties of Macomb, Oakland and Wayne and from the City of Detroit. BE IT FURTHER RESOLVED THAT: The representatives shall consist of the Commissioner, Macomb County FJ(irill, of Public Works and the Planning Director of Macomb County; the Oakland County Executive and the Oakland County Drain Commis- sioner; the Wayne County Drain Commissioner and the Managing Director, Wayne County Department of Public Work.;;TI(.) the Mayor of the City of Detroit and the Director of the Detroit Water and Sewerage Department, or their designees. Each representative • shall in writing name an alternate to serve and to vote in his place at meetings of the committee. The committee shall act •by vote of a majority of the representatives or of the alternates named by a representative, provided that the majority shall be constituted of at least one representative from each County and, the City. A majority of the representatives constitute a quorum for a meeting. BE IT FURTHER RESOLVED THAT: The Michigan Department of Natural Resources and the United States Environmental Pro- tection Agency shall each designate one representative and alternate to act as a non-voting ex officio member of the committee, and thata staff member of the Area Wide Water Quality Board of Southeast Michigan shall also be named as a representative and as an alternate to act as a non-voting ex officio member of the committee. BE IT FURTHER RESOLVED THAT: The By-Laws of the Corn- P P (17) E MMITMIC*4 - mittee to be adopted as provided in said Act No„ 200, as amended, are hereby • approved and the Chairman of the Board of Commissioners and County Clerk of this County of Oakland, are hereby authorized and directed to execute the same, reading as follows: BY-LAWS OF DETROIT AREA FACILITIES PLAN COORDINATING AND STUDY COMMITTEE These By-Laws are adopted by the organizing public corporations for the purpose of organizing a .coordinating and study committee under the provisions of Act 200, Public Acts of 1957, as amended (M.S.A.,- 5.2450 (1) et seg„), NAME The name of this Committee is ''.1-).--GTRO1T AREA -CACOATIES PLAN COORDINATING AND STUDY COMMITTEE" (herein called the "Committee"). II ORGANIZING PUBLIC CORPORATIONS The public corporations organizing and establishing this Committee are Macomb, Oakland and Wayne Counties and the City of Detroit, all in the State of Michigan, acting by their respective governing bodies. III PURPOSE The purpose of this Committee is to coordinate and study area governmental problems of mutual interest and concern relating to facilities, plans and studies on sewers and sewage treatment and disposal and to formulate recommendations. IV GENERAL POWERS The Committee may employ personnel to coordinate and conduct all types of surveys and studies relating to the mutual problems of its member public corporations or may enter into agreements for such surveys and studies to be conducted by other public or private agencies. It may publicize its purposes, objectives and findings, and may distribute reports therc:on. It shall make an annual rmrt of its ac-tivities to tho sovoral member governing bodies, V TERM This Committee shall continue in existence until dissolved by action of the governing bodies of the public corporations or by law, provided, however, that it shall not continue in existence beyond December 31, 1983, unless re- organized by action of the governing bodies of the public corporations, and except the Committee shall continue in existence for the sole purpose of completing the performance of any non- completed contract or grant as of said date. VI FISCAL YEAR The fiscal year of the Committee shall commence on the 1st day of January in each year, except that the first fiscal year shall commence on the date of organization of the Committee and end on the following December 31st. VII THE COMMITTEE The "Committee" shall consist of representatives of each of the organizing public corporations as designated by the respective governing bodies on an ex officio basis so that the current holder of the office designated, or a member of his staff named by the holder of the office, shall be the representative serving on the Committee, When a designated reprecni -Mive no longer holds the office on the basis of which he is appointed, governing body of the public corporation 50 .17-E:preented designate the new office holder or member of his staff as a bove provided Ea.ch designated representative of a public ocn:pov shall name, in writing, an alternate to serve in his absence as a •representative on the Committee with full power. One member shall be chosen as Chairperson and one member as Secretary by vote of a majority of the representatives of the four member units. The two offices in each public corporation from which representatives shall be designated are the Commissioner, Macomb County Department of Public Works and the Planning Director of Macomb County; the Oakland County Executive and the Oakland County Drain Commissioner; the Wayne County Drain Commissioner and the Managing Director, Wayne County Department of Public Works; and the Mayor of the City of Detroit and the Director of the Detroit Water and Sewerage Department, or their designees. The Committee shall. act by vote of a majority of the representatives or of the alternates named by a representative provided that the majority shall be constituted of •at least one representative from each County and the City. A majority of therepresentatives Shall constitute a quorum for 'a meeting. The Michigan Department of Natural Resources and the United States Environmental Protection Agency shall eaci. designate one representative and alternate to act as a nonvoting ex officio member of the Committee and a staff member of the Area Wide Water Quality Board of Southeast Michigan shall also be named as a representative and as an alternate to act as a non- 'voting ex officio member of the committee.. VIII MEETINGS AND NOTICES THEREOF Regular meetings of the Committee shall be held at such tAmes . and places as shall be determined by resolution of the Committee, Special meetings of the Committee may be call e d by the Chairperson,. Or any three members theeof, by stvin written notice of the time, place and purpose thereof, upon each member of the Committee by certified mail deposited no less than 72 hours before such meeting or personally or by leaving at his residence no less than 24 hours before such meeting. Special meetings of the Committee at which all members are present shall be deemed valid for all purposes even though inadequate written notice thereof may have been given as provided. Any member of the Committee may waive notice of the time, place or purpose of any meeting either before or after the holding thereof. The Committee shall act by motion or resolution. For the passage of any motion or resolution there shall be required the affirmative vote of a majority of the designated or alternate members of the Committee provided that the majority shall be constituted of at least one representative from each County and the City. The Committee shall keep a journal of its proceedings, which shall be signed by the Chairperson and Secretary. All votes shall be by "Yeas" and "Nays". The journal shall show how each member voted. IX DUTIES OF OFFICERS The Chairperson of the Committee shall be the presiding officer thereof and in his absence the Secretary shall perform his duties. Except as herein otherwise provided he shall not have any executive or administrative functions other than as a member of said Committee. The Secretary, and in his absence a member designated by the Chairperson shall be the recording officer of the Committee The Treasurer of one of the publ i c cc orations organizing the Committee shall be named by resolution of the Committee to be the custodian of the funds of the Committee and shall give to it a bond conditioned upon the faithful performance of the responsibilities of his office; the expense of such bond shall be that of the Committee. The Treasurer shall also be the accounting officer of the Committee and, subject to Committee approval, may employ such assistance as may be necessary. All moneys of the Committee shall be deposited in a bank designated by the Committee and all checks or other withdrawals therefrom shall be signed by any two officers of the Committee. The officers shall have such other powers and duties as may from time to time be conferred by the Committee. X PROPERTY AND FUNDS The Committee may acquire private property or funds by purchase, lease, loan, gift, grant, devise or contract, either within or without the area limits, and may hold, manage, control, sell, expend, exchange or lease such property or funds. For the purpose of providing funds to meet the.expenses of the Committee, the member governing bodies, by resolution, may authorize the allocation of public funds for such purpose, The proportjou of the total amount of funds to be provided by each member public corporation shall be as provided for in these By-Laws of the Committee. Services of personnel, use of equipment and office space and other necessary services may be accepted from member public corporations and may be considered as a part of the financial support of that public corporation, valued for this purpose at cost plus burden for the public corporation involved. X I CONTRIT The Committee may enter into contracts: for engineering, legal, administrative, secretarial and other services and to rent space, furnishings and equipment for a period not to extend beyond -December 31,1983, unless necessary to complete the requirements of .a Con- tract or grant,The Committee may recommend to and request any or all of its organizing public corporations to contract with respect to any matter pertaining to sewers and sewage disposal or pertaining to the functions and purposes of the Committee. The Committee may -apply for and accept grants, gifts or advances from a Federal or State government or agency or from any of the organizing public corporations. XII ALLOCATION OF FUNDS BY PUBLIC CORPORATIONS Property or funds or services or facilities contributed to the Committee by the organizing public corporations and un- satisfied liabilities or obligations of the Committee shall be allocated and apportioned among the organizing public corporations equally. XI II DISSOLUTION In the event the Committee shall be dissolved by agree- ment or termination, liabilities and obligations shall be assessed and assets of the Committee shall be distributed pro-rata after payment of all debts, obligations, agreements and liabilities to the then organizing public corporations on an equal basis. XIV AMENDMENTS Amendments to these By-Laws may be made, after adoption hereof, by the governing bodies of all of the member public corporations. Such amendments shall be adopted and become effective and certified copies shall be filed in the same manner as the original By-Laws, except that filed copies shall be certified by the Secretary of the Committee. XV PUBLICATION One copy of these By-Laws, certified as a true copy, with the date and place of such certification, shall be filed with the Clerk of the governing body of each organizing publiC corporation within 30 days after completion of execution. These By-Laws shall be certified and filed as within-provided by the Drain Commissioner of the County of Oakland and in the event he is unable to so perform then in his place and stead shall be the Public Works Commissioner of the County of Macomb. •execution, adopted , 1980 XVI EFFECTIVE DATE The Committee shall become organized and effective upon the filing of the copies of these By-Laws as above-provided. XVI I ADOPTION The foregoing By-Laws were adopted by the governing hodie of the soveral loLOr5tic,rs as bcrei -i.after set out, and in witness thereof each county has caused these By-Laws to be endorsed by the Chairman of its Board of Commissioners and its County Clerk, and the City of Detroit by its Mayor and City Clerk, all having been so done as of the day of 1980 Resolution approving these By-Laws and authorizing By: Chair an Macomb Board of Commissioners Macomb County Clerk , 1980 By: Chairman Oakland Board of Commissioners Oakland County Clerk , 1980 By: Chairman Wayne Board of Commissioners Wayne County Clerk F 1980 By: Detroit City May Detroit City Clerk BE IT FURTHER RESOLVED THAT: The representatives designated for this County of Oakland are as follows: 1. (Name) (Title) 2. (Name) (Title) - and that each such representative shall desi9nate in writing an alternate to serve on the Committee in his absenc-e Mr. Chairperson, on behalf of the Planning and Building Committee, move the adoption of the foregoing resolution, PLAN N IN G AND BUILDING CO MMITTEE #9433 May 22, 1980 Moved by Wilcox supported by Montante the resolution be adopted, AYES: Fortino, Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand, McDonald, Moffitt, Montante, Moore, Moxiey, Page, Patterson, Pernick, Peterson, Price, Wilcox, Aaron, Caddell, DiGiovanni, Deyon, Dunaskiss. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution 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 Miscellaneous . Resolution #9433 adopted by the Oakland County Board of Commissioners at their meeting held on May 22, 1980 • •n• • •••01.6.0.• 0.1.1•017.00170•00 """"'"""'""'"' '''''''' • a d. • • 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 ' '' '' 22nd May ........a.day of., 10 ee. '''''' ....,...LJ 0 0 Lynn D. Allen........ '' a.Clerk By ''''' ...... .....,. ......... --Deputy Clerk