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HomeMy WebLinkAboutResolutions - 1972.12.21 - 1569416,1 (.; At a regular meeting of the Board of Commissioners of Oakland County Michigan, held in the Commissioners' Auditorium in the County Service Center, in the City of Pontiac, Michigan, on Thursday the 21 st day of December , 1972, at 930 o'clock A.M., Eastern Standard Time. PRESENT: Aaron, Ba rakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harf-ison, Horton, Houghten, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, PatnaIes, Perinoff, Pet -nick, Richardson, Szabo. (23) ABSENT: Hamlin, Powell, Simson, Wilcox. (4) Miscellaneous Resolution No, 6182 Recommended by Board of Public Works and Public Works Committee Re: Amendatory Agreement No. 1 to Clinton-Oakland Sewage Disposal System Agreement dated.February 5, 1968 RESOLUTION WHEREAS, the Oakland County Board of Public Works did enter into an Agreement dated February 5, 1968 with the Board of Water Commissioners of the City of Detroit for interception transportation treatment and disposal into the Detroit Waste Water Disposal System of all waste water from the district designated as the Clinton-Oakland Sewage Disposal System in accordance with initial service area as shown on "Exhibit B" attached thereto; and WHEREAS, it is now necessary to amend and expand the service area to include Oakland Township and Oxford Township since construction of the Paint Creek Arm serving the two Townships; and, WHEREAS, "Exhibit D" stipulating annual quantities of flow needs to be amended to reflect additional flow from the added area to the District. NOW, THEREFORE BE IT RESOLVED, that the Amendatory Agreement No. 1, dated November 27, 1972 amending the Clinton-Oakland Sewage Disposal Agreement dated February 5, 1968 between the Board of Water Commissioners, City of Detroit and the Oakland County Board of Public Works be approved, and that the Chairman and Secretary of the Board of Public Works be authorized to execute said Agreement, which Agreement reads as follows: AMENDATORY AGREEMENT NO. CITY OF DETROIT, BOARD OF WATER COMMISSIONERS - COUNTY OF OAKLAND WASTEWATER DISPOSAL AGREEMENT THIS AGREEMENT, made and entered into this 27th day of November, 1972, by and between the City of Detroit, Michigan, a municipal corporation in the State of Michigan, by its Board of Water Commissioners, party of the first part, some- times hereinafter referred to as the "BOARD"; and the County of Oakland, a public corporation in the State of Michigan, by and through its County Department of Public Works, party of the second part, sometimes hereinafter referred to as the "COUNTY. " WITNESSETH: WHEREAS, the parties hereto under date of February 5, 1968, entered into an agreement providing for the interception, transportation, treatment and disposal into the Detroit Wastewater Disposal System, of all wastewater from the district designated as the Clinton-Oakland wage Disposal System, hereinafter referred to as the "DISTRICT. " Further, in accordance with the terms of the aforementioned Agreement, the initial service area is as shown on "Exhibit B", attached thereto; and WHEREAS, pursuant to the provisions of Act 185, Public Acts of 1957, as amended, the Oakland County Board of Commissioners, by Miscellaneous Resolution No. 5215, adopted November 6, 1969 (a copy of which is on file with the BOARD) authorized the County of Oakland to enter into a contract with the Township of Oxford, the Township of Orion, the Township of Oakland, the Township of Avon, the Village of Oxford and the Village of Lake Orion, for the enlargement and extension of the Clinton-Oakland Sewage Disposal System' for the purpose of disposing of wastewater from additional areas within Oakland County; and WHEREAS, it has become necessary and desirable to make certain amend- ments to the aforementioned agreement dated February 5, 1968 ,as more particularly set forth hereinafter. NOW, THEREFORE, IN CONSIDERATION of the promises and covenants of each other and in furtherance of the contract earlier entered into, the parties hereto agree as follows: 1. The service area of the DISTRICT shall be changed by adding the areas as generally indicated on "Exhibit B Amendment No. 1" hereto attached and made a part hereof. 2. The minimum charge for service for the DISTRICT for each calendar year shall be an amount not less than that which is obtained by applying the effective rates to the quantities set forth in "Exhibit D Amendment No. 1, " hereto attached and made a part hereof. "Exhibit D Amendment No. 1" supersedes and replaces "Exhibit D" of the February 5, 1968, Agreement. 3. This Amendatory Agreement No. 1 is supplementary to the agreement of February 5, 1968, and the aforementioned prior agreement shall remain in full force and effect except as herein amended. 4. This Amendatory Agreement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns and shall take effect upon its adoption and execution by the respective parties hereto, its approval by the Common Council of the City of Detroit, and its approval by the Board of Commissioners of the County of Oakland. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF DETROIT WITNESSES: By Its BOARD OF WATER COMMISSIONERS WITNESSES: BY: BY: COUNTY OF OAKLAND By Its BOARD OF PUBLIC WORKS BY: BY: ORTOAMLLE GROVELAND BRANDON LA KE.PONTIAC ANGEL U _I WATERFORD PONTIAC SERVICE AREA OXFORD OXFORDN N OXFCIAD \_\,\\\ OR/ON if LEONARD ADDISON! ORION 5FRINGFIELD WHITE LAKE INDEPENDENCE Cl.)CL ARK STU/ S YLV/4 N LAKE OAKLAND :W\1 ROCI-.ES 7 E [1] AVON ML FORD Li- M ILFORD - COMMERCE WOLVERINE 1 i LI LAKt NOVI I --p 1 Fr-r----/- i KHEGO • 04CHARD 1-14.--09R LAKE 1 W. 61 Oaf1E1,Di a_09/-0E. LD HILLS I TROY . IBLCOVF IELD , I . BRA rs',,-: H4m L.---1 , FRAIV IKL IN Itc/1 1 ,..E-1/EP:i.V IT,yA7_ 4,254 as-CA/ 1 WOOD CK,FAcsyS ._._...__t 11415 044 HTC, - 1 1 ' QU4KERI CIPN :97-RKL,EY I 1 LATHRUP VII_ 16-E - , \ 1 FARMINGTON I n I SOOTHFIE- LD 04If '1 r : c - 11,---7,_74-2 VATI/VG7r-V V/DS. I 5vRAr. _ 1 PK, 1 iFFILIAD,-4LE CLINTON -0AiaLAITD DISTRICT EXHIBIT B EXHIBIT D - AMENDMENT NO. 1 WASTEWATER FLOWS YEAR MILLION CUBIC FEET YEAR MILLION CUBIC FEET 1971 0 1986 578 1972 2 1987 611 1973 65 1988 647 1974 124 1989 683 1975 196 1990 719 1976 238 1991 749 1977 283 1992 778 1978 313 1993 809 1979 342 1994 836 1980 371 1995 862 1981 403 1996 883 1982 439 1997 905 1983 474 1998 925 1984 509 1999 948 1985 542 2000 968 The above quantities represent approximately 50% of the estimated aggregate annual flow from the service area as shown on "Exhibit B - Amendment No 1" and as shown on "Exhibit B" of the February 5, 1968, Wastewater Disposal Agreement. PUBLIC WORKS CO MMITTE By i°:•)// Ch dirm an Moved by Lennon supported by Burley the resolution be adopted. ADOPTED. AYES: Lennon, Mainland, Mathews, Olson, Paholak, Patnaies, Perinoff, Pernick, Richardson, Szabo, Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Houghton, Kasper, Kronenberg. (23) NAYS: None. (0) STATE OF MICHIGAN ) )SS: COUNTY OF OAKLAND ) I, the undersigned, the duly qualified County Clerk of the County of Oakland, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners at a regular meeting held on the 21St day of 1972 laal, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official December signature this 21st day of December , A.D. )3411.1al. 1972. Lynn D. Allen, Oakland County Clerk