HomeMy WebLinkAboutResolutions - 1979.10.31 - 12460Miscellaneous Resolution 9152 October 9, 1979
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: '208' FEDERAL WATER POLLUTION CONTROL ACT - 1979 SECOND HALF
CONTRACTURAL 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 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 waste water treatment facilities for a one (1) year period and
pay its proportionate share of costs 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 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 8792 terminated
as of June 30, 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 as a Designated Management Agency (DMA) in accordance with the
Water Quality Management Plan for Southeast Michigan to perform those management
responsibilities set forth in Appendix I (Local Implementation Strategy).
BE IT FURTHER RESOLVED that the County of Oakland agrees to cooperate
in the preparation of local implementation strategy (Appendix I) including estimates
of necessary personnel, financial requirements, identification of problem areas,
establishment of an implementation schedule and priorities for its assigned
management responsibilities.
Li\-01/1,71
Richard R. Wilcox, Chairperson
BE IT FURTHER RESOLVED that the County of Oakland, in assuming responsibility
under the Plan, approves the attached agreement 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.
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
14ER:72Y APPROVE THE FOREGOING RESOLUTION
211_3 7i1
Dee
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 208 of
the Federal Water Pollution Control Act Amendments of 1972, PL 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 FL 92-500
and under PE 95-217.
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 1 and II of the
Water Quality Management Plan for Southeast Michigan (the "Plan"), which Chapters
of the Plan have been adopted by SEMCOG and approved by the Governor of the State
of Michigan and the United States Environmental Protection Agency;
IT IS, THEREFORE, AGREED by and between the parties as follows:
1. SEMCOG 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
hereto 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 SEMCOG a charge in an amount not to exceed the equivalent of $0.01 per
1,000 cubic feet of sewage flow generated within the County of Oakland's service
area. The County of Oakland shall have the sole discretion as to the method of
payment said service charge. For the period from July I, 1979 to December 31,
1979, the service charge to be remitted by County of Oakland to SEMCOG is eight
thousand sixty-five ($8065,00) dollars based on 1978 sewage flow.
3. This agreement shall remain in effect until December 31, 1979.
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 , 197 .
SOUTHEAST MICHIGAN COUNCIL OF COUNTY OF OAKLAND
GOVERNMENTS
BY: BY:
Michael M. Glusac, Executive Director Wallace F. Gabler, Jr.
ATTEST: ATTEST:
Agreement Date:
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: 1 208' WATER POLUTION CONTROL ACT - 1979 SECOND HALF CONTRACTUAL
AGREEMENT - MISCELLANEOUS RESOLUTION #9152
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has re-
viewed Miscellaneous Resolution #9152 and finds $8,065 necessary to fund
the subject agreement from July 1, 1979 to December 31, 1979. The Finance
Committee finds $8,065 available in the Contingent Fund; said funds are to
be transferred to the Professional Services Line-item in the Department of
Public Works Administration Budget.
FINANCE COMMITTEE
Dennis Murphy, Chairperson
#9152 November 1, 1979
Moved by Patterson supported by Price the report be accepted and
Resolution #9152 be adopted.
AYES: Doyon, Fortino, Gabler, Gorsline, Hobart, Kelly, Lewand, Moffitt,
Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Price, Aaron. (17)
NAYS: Dunaskiss, Hoot, Roth. (3)
A sufficient majority having voted therefor, the report was accepted and
Resolution #9152 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
...Mi,scey„aneous. Reso)utjon#9152 .adopted.bythe .Oakland .County . Board .of
_Commissioners. at their . meeting . held .on .November . 1,.1979 . ..............
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
1st November 1929., this day of
Lynn D. Allen Clerk
By Deputy Clerk