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HomeMy WebLinkAboutResolutions - 1989.12.14 - 17334Miscellaneous Resolution # 89347 December 14, 1989 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: D.P.W. - SOLID WASTE OAKLAND COUNTY'S SOLID WASTE SYSTEM INTERGOVERNMENTAL AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Oakland County's Solid Waste system is being established on behalf of the County's municipalities for the purpose of acquiring and providing processing and disposal facilities and for the purpose of providing services for the processing and disposal of certain solid wastes and recyclables; and WHEREAS, the County intends to finance all or a part of the capital cost of the facilities through the issuance of bonds pursuant to Act 186 or other pertinent statutes; and WHEREAS, because the system must rely on revenues from the disposal of solid waste and the sale of energy and recycled materials to be economically feasible, an adequate supply of solid waste and recyclable materials must be guaranteed to be input into the system; and WHEREAS, staff and the county's legal counsels have prepared a proposed Intergovernmental Agreement specifying the contractual obligations between the County and its constituent municipalities and have reviewed the proposed agreement on three occassions with the legal counsels of the respective municipalities (September 8, 1939, November 1, 1989, and November 29, 1989), incorporating changes appropriate to insure the basic concepts of the system. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Intergovernmental Agreement in substantially the form attached hereto and authorizes the County Executive and the Chairman of the Board of Commissioners to release said document for approval by the County's municipalities; and BE IT FURTHER RESOLVED that the County Executive and Chairman of the Board of Commissioners are hereby authorized to sign the intergovernmental Agreement in substantially the form approved after approval by each participating municipality. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson DRAFT 11/17/89 Marked to reflect changes from 8/30/89 draft INTERGOVERNMENTAL AGREEMENT • FOR SOLID WASTE PROCESSING AND DISPOSAL SERVICES THIS AGREEMENT, made and entered into as of the day of , 1989, by and between the ("Municipality") and the COUNTY OF OAKLAND ("County"). WITNESSETH: WHEREAS, the County proposes to establish the Oakland County Solid Waste Management System ("System") pursuant to the provisions of Act No. 186 of the Public Acts of Michigan, 1989 ("Act 186") for the purpose of acquiring and providing processing and disposal facilities and services for the processing and disposal of certain solid wastes and recyclable materials for the benefit of local units of government within the County; and WHEREAS, Section 25 of Act No. 641 of the Public Acts of Michigan, 1978, as amended ("Act 641") requires all counties to adopt a solid waste management plan; and WHEREAS, the County will adopt the update of its Solid Waste Management Plan (the "Act 641 Plan") pursuant to the provisions of Act 641, which Plan update is expected to be approved by the governing bodies of not less than 67% of municipalities within the County and by the Director of the Michigan Department of Natural Resources ("MDNR") both as required by Act 641; and WHEREAS, Section 25 of Act 641 requires solid waste management plans to include an enforceable program and process to assure that the nonhazardous solid waste gener- ated or to be generated for a 20-year period is collected and recovered, processed, or disposed of at facilities which comply with Act 641 and rules promulgated pursuant to the provisions of Act 641; and WHEREAS, Section 24 of Act 641 provides that a municipality or a county shall assure that all solid waste is removed from sites of generation frequently enough to protect the public health and is delivered to licensed solid waste disposal areas; and - WHEREAS, Section 30(1)(c) of Act 641 provides that the rules of the MDNR shall require solid waste management plans to evaluate and select technically and economically feasible solid waste management options which may include resource recovery systems; and WHEREAS, the update of theAAot 641 Plan will recom- mend, among other_thLlasa. the construction and operation of a combination of resource recovery facilities, recycling facilities, composting facilities, sanitary landfills and possibly transfer stations (collectively, the ''Facilities'), which shall be owned by the County and operated by the -2- County or by private vendors pursuant to operating contracts with the County or which shall be made available to the County by contract or lease; and WHEREAS, the County intends to finance all or a part of the capital cost of the Facilities through the issuance of bonds pursuant to Act 186 or other pertinent statutes; and WHEREAS, the Municipality desires to use the System to be constructed by or on behalf of the County; and WHEREAS, because the System must rely on revenues from the disposal of solid waste and the sale of energy and recycled materials to be economically feasible, an adequate 'supply of solid waste and recyclable materials must be processed at the Facilities; and WHEREAS, the update of the Act 641 Plan to be approved by the Director of the MDNR, as provided by applic- able statutes of the State of Michigan, affirmatively endorses the assurance of an adequate supply of solid waste and recyclable materials to the System; and WHEREAS, the County and the Municipality desire to enter into this Agreement to prescribe their respective rights and obligations with respect to the System and to assure an adequate supply of solid waste and recyclable materials to the Facilities; and WEEREAS I the County and the Municipality desire to enter into this Agreement to protect the -public health and the general welfare of the people in the County and in the Municipality as required and authorized by the Constitution and the statutes of the State of Michigan, and especially Article IV, Sections 51 and 52 of the Constitution and Acts 186 and 641. NOW, THEREFORE, in consideration of the promises and the covenants of each, the County and the Municipality agree as follows: 1. Definitions. As used in this Agreement, the words and phrases listed below shall have the following meanings: (a) "Act 186" means Act No. 186 of the Public Acts of Michigan, 1989. (b) "Act 641" means Act No. 641 of the Public Acts of Michigan, 1978, as amended. (c) "Act 641 Plan" means the Oakland County Solid Waste Management Plan approved by the Oakland County Board of Commissioners and by the Director of the Department of Natural Resources, pursuant to the requirements and provisions of Act 641, and any updates thereof and any amendments thereto adopted in accordance with Act 641. (d) 'Commercial Operation Date' means, with respect to a particular Facility, the date when the Facility has been completed and tested and is, in the sole opinion of the County, ready for ilcommercial operation. -4- (e) "County" means the 'County of Oakland, Michigan, acting by and through its Board of Commissioners or its Department of Solid Waste Management established pursuant to the provisions of Act 186. (f) "Disposal Fee" means the fee or fees established by the County pursuant to this Agreement for receiving, storing, processing and/or disposing of Solid Waste and Recyclable Materials. (g) "Executive Committee" means the Executive Committee of the Solid Waste Board established pursuant to paragraph 14 of this Agreement. A(h) "Facility" or "Facilities" means any one or more of the following facilities owned by the County or made available to the County by contract !or lease and utilized in connection with the System: (1) a recycling facility, (2) a transfer facility, (3) --an RRF, (4) a sanitary landfill, (5) a composting facility, or (6) any other facility utilized in the processing and/or disposing of Solid Waste and Recyclable Materials. (i) "Hazardous Waste" means any material or substance which by reason of its composition or character- istics is (a) hazardous waste as defined in the Solid Waste Disposal Act, 42 UsC S6901 et seq., as amended, replaced or superseded, and the regulations implementing same, or (b) material the disposal of which is regulated by the Toxic Substances Control Act, 15 USC S2601 et seq., as amended, -5- replaced or superseded, and the regulations implementing same, or (c) special nuclear or by-products material within the meaning of the Atomic Energy Act of 1954 or (d) hazardous waste as defined in Act No. 64 of the Public Acts of Michigan, 1979, as amended from time to time, and as identified in administrative rules promulgated from time to time pursuant to the provisions of said Act by the Director of the MDNR. If any governmental agency or unit having appropriate jurisdiction shall determine that substances are hazardous or harmful to health when processed at any Facil- ity, then any such substances or materials shall be Hazard- ous Waste for purposes of this Agreement. (j) "Municipality" means the A(1c) "Person" means any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons. il(1) "Premises" means any enclosed area used for residential, commercial, or industrial purposes, separ- ately or in combination, to which a separate street address, postal address or box, tax roll description, or other similar identification has been assigmed to or is in use by a Person having control of the area A.rta) 'Recyclable Materials" means commingled and/or pre-sorted materials (including but not limited to high grade paper, glass, metal, plastic, aluminum, news- -6- paper, corrugated paper and Yard Clippings) that are separated from Solid Waste prior to the collection of solid Waste from a Site of Generation and left at the site of Generation or at a drop-off center for collection and that are designated by the County in a written notice to the Municipality as Recyclable Materials for purposes of this Agreement. (n) "RRF" means the mass-burn energy-generat- ing incinerator or incinerators to be constructed by or on behalf of, or available by contract or lease with, the County and to be located within the County in accordance with this Agreement and the Act 641 Plan, and shall include any contract to sell steam or electricity generated by the RRF. No) "Site of Generation" means any Premises in or on which Solid Waste or Recyclable Materials is generated by any Person. il(p) "Solid Waste" means garbage, rubbish, ashes, Yard Clippings, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste provided, however, that this definition shall not include Hazardous Waste, Recyclable Materials, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scram metal processor or to a reuser of ferrous or 'nonferrous products, and slag or slag -7- products directed to a slag processor or i to a reuser of slag or slag products. JILL) "System" means the Oakland County Solid Waste Management System, and every aspect thereof (includ- ing, but not limited to, rights, processes, contracts, equipment, sanitary landfills, transfer stations, recycling facilities, composting facilities, and any RRF), that is acquired, constructed, or operated, or is to be acquired, constructed, or operated by or on behalf of, or available by contract or lease with, the County in accordance with the Act 641 Plan. Cr) "Waste Hauler" means any Person, other than the Municipality, engaged in the business of collecting and transporting, delivering and disposing of Solid Waste and Recyclable Materials generated within the Municipality. (s) "Yard Clippings" means fallen leaves, cut grass, lake weeds or other organic debris that can be converted to humus. 2. Construction and Operation of Facilities; Notice of Operation Date. The County shall construct, oper- ate and maintain the Facilities, or cause the Facilities to be constructed, operated and maintained, to accept and dispose of all Solid Waste and Recyclable Materials gener- ated within the Municipality and delivered to Facilities pursuant to this Agreement. The County shall give thirty (30) business days' written notice to the Municipality of -87 the Commercial Operation Date Of any of the Facilities .. Within seven (7) business days of receipt of such notice, the Municipality shall give written notice of the Commercial Operation Date to all Waste Haulers and published notice to all persons having control of Premises which are a Site of Generation. 3. Assistance with Permits and Auorovals. The County and the Municipality shall use their mutual good faith efforts to execute, issue or obtain such agreements, consents, approvals, licenses, permits, ordinances, resolu- tions, authorizations and the like as may be necessary or appropriate in connection with the design, financing, loca- tion, construction, testing and operating of the Facilities or as may be necessary or appropriate to carry out the purposes of Act 186 and this Agreement and to implement the Act 641 Plan. Without violating the foregoing, the Munici- pality shall be entitled to commence an action against the County in a court of competent jurisdiction to contest any decision made by the County with respect to the location or operation of any of the Facilities. The commencement of such an action shall not relieve the Municipality of any other obligations, duties and responsibilities under this Agree- ment. 4. Testina of Facilities. For purposes oftest- ing the operation of any Facility prior to the Commercial Operation Date thereof, the Municipality, upon ten (10) -9- business days' written notice from the County, shall collect and deliver to the Facility, or cause to be collected and delivered to the Facility, Solid Waste or Recyclable Materials, as the case may be, in the amounts and for the period of time specified in the notice. While the Facility is being tested, the fee to be charged for the delivery and disposal of such Solid Waste and Recyclable Materials at the Facility shall be equal to, in the case of an RRF, $30 per ton, in the case of a recycling facility, no charge, and in the case of a sanitary landfill or composting facility, the rate then prevailing in the County for sanitary landfills or composting facilities, as the case may be The delivery and disposal of Solid Waste and Recyclable Materials at any Facility prior to the Commercial Operation Date pursuant to this paragraph shall not relieve the Municipality of any other obligations, duties and responsibilities under this Agreement. 5. Delivery of Solid Waste and Recyclable Materials to Facilities. (a) Commencing on the Commercial Operation Date of the initial RRF, the Municipality shall collect and deliver, or cause to be collected and delivered, all Solid Waste generated within its boundaries to the Facility designated by the County. Commencing on the Commercial Operation Date of the initial recycling facility, the Municipality shall collect and deliver, or cause to be collected and delivered, all Recyclable -1 0- Materials (excluding Yard Clippings) generated within its boundaries to the Facility designated. by the CountyA Commencing on the Commercial Operation Date of the initial composting facility, the Municipality shall collect and deliver, or cause to be collected and delivered, all Yard Clippings generated within its boundaries to the Facility designated by the County. Notwithstanding the foregoing, in lieu of delivering or causing to be delivered all Recyclable Materials generated within its boundaries to a County-desig- nated System Facility, the Municipality shall have the option to deliver or cause to be delivered such Recyclable Materials (excluding Yard Clippings) or Yard Clippings, or both, to a recycling facility or composting facility, as the case may be, designated by the Municipality which is not a System Facility. The Municipality has designated in attached Exhibit A the recycling facility and composting facility, as the case may be, to which such Recyclable Materials shall be delivered, it being understood by the Municipality that the designation of a recycling facility and composting facility in Exhibit A may be changed only by an amendment to this Agreement pursuant to paragraph 18(d) hereof. (b) The Municipality shall by ordinance require all waste Haulers: (a) to collect and deliver to the Facilities designated by the County or to recycling and composting facilities designated by the Municipality -11- pursuant to (a) above, all Solid Waste and Recyclable Materials, as the case may be, generated within the Munici- pality, and (b) to pay the Disposal Fee when required by paragraph 10 hereof. The Municipality shall take all reasonable action, including, but not limited to the actions described in paragraph 12 of this Agreement, as may be necessary to ensure that all Solid Waste and Recyclable Materials, as the case may be, generated githin its boundar- ies shall, commencing on the Commercial Operation Date of a particular facility, be delivered only to the Facility or Facilities designated by the County or to recycling and composting facilities desicnated by the Municipality pursuant to (a) above. The collection and delivery of Solid Waste and Recyclable Materials pursuant to this Agreement shall be in compliance with Act 186, Act 641, the Act 641 Plan, and any other applicable federal and state laws, statutes, rules and regulations. The Municipality shall comply, and shall by ordinance require all Waste Haulers to comply, with Act 641, the Act 641 Plan, and any other applicable federal and state laws, statutes, rules and regulations. (c) In order better to enable the Municipality to comply with its obligations under paragraphs 4 and 5(a) of this Agreement, the County agrees to provide to the Munici- pality, commencing January, 1990, monthly reports regarding the status of the implementation of the System and the Act -12- 1641 Plan and the financing, construction, location, testing and operation of the Facilities. 6. Processing and Disposal of Solid Waste and Recyclable Materials. Commencing on the Commercial Opera- tion Date of the initial RRF, the County, or its represent- ative, shall receive and dispose of all Solid Waste deliver- ed to the Facility or Facilities designated by the County pursuant to paragraph 5 of this Agreement. Commencing on the Commercial Operation Date of the initial recycling facility, the County, or its representative, shall receive and process all Recyclable Materials (excluding Yard Clippings) delivered to the Facility or Facilities desig- nated by the County pursuant to paragraph 5 of this Agree- . ment. Commencing on the Commercial Operation Date of.the initial composting facility, the County, or its representa- tive, shall receive and process all Yard Clippings delivered to the Facility or Facilities designated by the County pursuant to paragraph 5 of this Agreement. The County reserves the right to dispose of Solid Waste or to process Recyclable Materials delivered to a particular Facility at other Facilities of the System when, in the sole opinion of the County, such disposal or processing is desirable for the proper and efficient operation of the System or the parti- cular Facility is unable to accept and process or dispose of Solid Waste or Recyclable Materials. The County shall be solely responsible for the processing and disposal of Solid -13- Waste and Recyclable Materials delivered to any Facility and for the administration and enforcement of all agreements relating to the acquisition, construction and operation of any Facility. AIn processing or disposing of Solid Waste and Recyclable Materials delivered pursuant to this Agreement, the County shall comply with Act 186, Act 641, the Act 641 Plan, and other applicable federal and state laws, statutes, rules and regulations. 7. Right of Refusal. Hazardous waste. The County shall, in its sole discretion, have the right to refuse delivery to any Facility of any material which is not required or Dermitted by this Agreement to be delivered to such Facility. The Municipality shall not deliver Hazardous Waste to any Facility. The Municipality shall by ordinance prohibit Waste Haulers from delivering Hazardous Waste to any Facility. 8. Rules and Reculations. The County shall adopt specific rules and regulations from time to time for the administration and operation of the Facilities of the System, which rules and regulations shall not have an unreasonable discriminatory effect upon the owners or occupants of a Site of Generation. The Municipality shall comply with all such rules and regulations adopted by the County. The Municipality shall by ordinance require all Waste Haulers to comply with such rules and regulations adopted by the County. The Municipality .shall take all -14- action as may be necessary to ensure compliance with such rules and regulations of the County. . 9. Other Waste Disposal Facilities. The Munici- pality shall not hereafter acquire, construct, operate, or maintain, or permit the acquisition, construction, operation or maintenance, of any waste disposal or processing facility within its boundaries during the term of this Agreement except for A System Facilities, recycling facilities and composting facilities utilized pursuant to paragraph 5 of this Agreement and as otherwise authorized by the County, in each case consistent with the Act 641 Plan. 10. Disposal Fees. The Municipality hereby consents to the imposition and collection of a Disposal Fee by or on behalf of the County for the acceptance and proces- sing or disposal of Solid Waste and Recyclable Materials pursuant to this Agreement. The Disposal Fee shall be charged to and paid by the Municipality for any delivery of Solid Waste and Recyclable Materials to any Facility by (a) the Municipality, or (b) a Waste Hauler operating pursuant to a contract with the Municipality where such contract provides that the Disposal Fee at the Facility shall be paid by the Municipality. In all other instances, the Disposal Fee shall be charged to and paid by the Waste Hauler delivering Solid Waste and Recyclable Materials to any Facility. The Municipality agrees that the Municipality or the Waste Hauler, as the case may be, will be required to -15- maintain a credit balance in its account with the System sufficient to cover Disposal Fees for any Solid Waste and Recyclable Materials delivered to a Facility. The obliga- tion to pay the Disposal Fee charged pursuant to this para- graph shall be absolute and unconditional whether or not the County, or its representative, processes or disposes of the delivered Solid Waste or Recyclable Materials, in whole or in part, at other Facilities of the System pursuant to para- graph 6 of this Agreement and whether or not any particular Facility is operable or in operation at the time of delivery of Solid Waste or Recyclable Materials. The gross revenues derived from the Disposal Fees, together with revenues derived from the sale of Recyclable Materials and the sale of energy or by-products generated by an RRF, shall be sufficient to defray the current operating costs of the System, which for any year shall include: (a) all actual expenditures for administration, operation and maintenance (including reasonable reserves for operation, maintenance and replacements) incurred in providing for the processing and disposal of and in processing and disposing of Solid Waste and Recyclable Materials pursuant to this Agreement, and (b) all actual obligations of the County (including debt service requirements and a reasonable reserve for such obli- gations) incurred in providing for the processing and disposal of and in processing and disposing of Solid Waste and Recyclable Materials pursuant to this Agreement. Each -16- year, in accordance with paragraph 14(d) of this Agreement, the Disposal Fee shall be established by the County at least 30 days prior to the beginning of the County's next succeed- ing fiscal year, to be effectivethe first day of such fiscal year (presently January 1), so as to produce these amounts and any amounts advanced by the County to satisfy any shortfall in System gross revenues for which the County has not been Teimbursed and shall not be greater than neces- sary to produce these amounts. In the event that the Municipality fails to pay Disposal Fees for which it is liable pursuant to this paragraph, the County shall have the remedies prescribed in Section 15 of Act 186. In addition, the County shall have all other remedies provided by law. 11. Other Users; Disposal of Solid Waste and Processing of Recyclable Materials. In order to utilize fully the capacity of any RRF or recycling facility, the County may accept Solid Waste or Recyclable Materials, as the case may be, from any Person, including the County, in addition to the Solid Waste and Recyclable Materials required to be delivered pursuant to paragraph 5 of this Agreement. The County shall charge a Disposal Fee for such deliveries of Solid Waste which shall be fixed and may be revised from time to time by the CountyAfollowing consulta- tion with and a recommendation from the Executive Committee. 1.102.16.51111111iIIMOME• The acceptance and disposal or processing of Solid Waste and __- Recyclable Materials pursuant to this paragraph shall be consistent with the Act 641 Plan. -17- 12. Responsibility of Contracting Municipality. (a) The Municipality shall be solely responsible for the enactment and enforcement of ordinances required to be enacted by this Agreement as well as to establish its own rules and regulations for Solid Waste and Recyclable Materials collection, processing and disposal, not inconsis- tent herewith, all to protect the public health, safety and welfare. In connection with the collection of Recyclable Materials, the Municipality shall adopt an ordinance requir- ing all Persons generating solid Waste within the Municipal- ity to source separate Recyclable Materials from Solid Waste prior to collection and establishing Acivil and/or criminal penalties for failure to comply. The Municipality shall take all action (including but not limited to criminal prosecution, civil proceedings and other actions for injunctive or other equitable relief, and suspension or revocation of licenses, franchises or permits) as may be necessary to enforce such ordinances, rules and regulations. The Municipality shall also be solely responsible for the issuance of any licenses, franchises, or permits to Waste Haulers, and for the enforcement of the terms thereof and for the regulation of the conduct of Waste Haulers and of the use of the streets, alleys and public places in the Municipality for the collection and/or hauling of Solid Waste and Recyclable Materials. Notwithstanding the foregoing, the Municipality hereby authorizes the County to -18- enforce, on behalf of and as agent for the Municipality, the provisions of any ordinance enacted by the Municipality pursuant to this Agreement and, if determined by the County to be necessary in an emergency situation to protect the public health, to provide collection services for Solid Waste and Recyclable Materials to individual users in the Municipality. In addition, the County shall be entitled to petition a court of competent jurisdiction to compel specific perfoLluance of the Municipality's obligations under this paragraph 12. (b) In the event that an action is commenced against the Municipality in a court of competent jurisdict- ion challenging the validity or constitutionality of a provision of an ordinance adopted by the Municipality pursuant to this Agreement requiring all Solid Waste and Recyclable Materials generated within its boundaries to be delivered to a designated Facility, the County, at the request of the Municipality, shall undertake the defense of such action and shall pay all costs relating thereto. The costs of such a defense by the County shall be paid first from the gross revenues of the System, to the extent avail- able, and then from other County funds. If the County advances funds to pay the costs of such a defense, it shall be reimbursed for such advance from System gross revenues. 13. County Records. The 'County agrees to main- tain, or cause to be maintained, separate, complete and . -19- accurate accounting records of expenditures and obligations incurred and quantities involved in Solid Waste and Recycl- able Materials reception, processing and disposal at any Facility pursuant to this Agreement and to have said records audited annually by an independent auditing firm. The County shall furnish, or cause to be furnished, to the Municipality a copy of such annual audit within one hundred twenty (120) days after the close of the fiscal year of the System as established by the County. The County agrees to maintain, or cause to be maintained, information in suffici- ent detail to permit the Municipality to ascertain the costs of both Solid Waste and Recyclable Materials acceptance, processing and disposal services at the Facilities. Upon reasonable notice by the Municipality, the County shall make available, or cause to be made available, books and records regarding the operation of the Solid Waste and Recyclable Materials acceptance, processing and disposal services at the Facilities pursuant to this Agreement. 14. Solid Waste Board/Executive Committee. (a) A Solid Waste Board is hereby created consisting of a repre- sentative appointed by the Municinality, together with the representatives of other cities, villages or townships which execute agreements substantially in the form of this Agree- ment. The Municipality shall determine the term and method of appointment of its representative on the Solid Waste Board. The representative appointed by the Municipality may -20- be either an elected or appointed officer or employee or a resident of the Municipality. The Municipality may author- ize its appointed representative to designate any other office employee or resident of the Municipality to act as the Municipality's representative in the absence of the appointed representative. The Solid Waste Board shall elect a chairperson, determine times and places of its meetings and establish rules of procedure. The Solid Waste Board shall meet at least once each year to select from its members an Executive Committee and to consider such other matters that it deems appropriate with respect to the acquisition, operation and management of the System. (b) The Executive Committee shall consist of eight Solid Waste Board members elected as described below, the Chairperson of the County Board of Commissioners or another member of the Board of Commissioners -designated by the Chairperson, the County Executive or his designee and a Solid Waste Board member from each participating municipal- ity in which a County-owned RRF, sanitary landfill or other System Facility that requires an Act 641 permit is located. In electing the eight persons to the Executive Committee, the Solid Waste Board shall divide the participating munici- palities into four geographic areas. Thereafter, Solid Waste Board members from each of the four geographic areas will elect two representatives each to serve on the Executive Committee. The Solid Waste Board, at its discre- tion, may appoint additional members to the Executive Committee from participating municipalities in which other System Facilities that do not require an Act 641 permit are located. (c) The Executive Committee shall elect a chair- person, determine times and places of its meetings and establish rules of procedure. The Executive Committee shall meet at least once each month and shall advise, consult with and make recommendations to the County regarding the acquis- ition, operation and management of the System, including, without limitation, the adoption of rules and regulations relating to the operation of the System, the Disposal Fee established pursuant to paragraph 10 of this Agreement and the selection of additional System Facilities. (d) The County shall not establish the Disposal Fee pursuant to paragraph 10 until the County shall have given at least thirty (30) days' notice to the Municipality of its intent to fix or revise the Disposal Fee and of the date and time a public hearing shall be held thereon by the County. At such public hearing, members of the Solid Waste Board and other interested parties shall be given an opportunity to be heard. The County may thereafter fix or revise the Disposal Fee in accordance with paragraph 10 of this Agreement. 15. Financinc. The County will finance the acqui- sition, construction and equipping of the Facilities for -22- the System by the issuance of County contract bonds issued pursuant to Act 18& or the contribution of available County funds, or both. The bonds will be paid from the Disposal Fees received by the County for the processing and disposal of Solid Waste and processing of Recyclable Materials and from the -revenues derived from the sale of Recyclable Materials and the sale of energy and other by-products of any RRF, but the bonds will be full faith and credit limited tax general obligations of the County payable from the proceeds of certain ad valorem taxes levied for that purpose, if necessary. Any bonds issued to finance the Facilities will be equally and ratably secured by the revenues of the System. 16. Release of Municinal Solid Waste Board Members from Prior Oblications. If the Municipality is listed on Exhibit B attached hereto, the county hereby releases and discharges the Municipality from its obligations set forth in Section 7.1 of the Intergovernmental Agreement for the Disposal of Solid Waste, dated as of August 15, 1985, between the County and the Municipality, relating to the payment of certain planning, design and implementation costs, and the County and the Municipality agree that said Intergovernmental Agreement is hereby terminated. 17. Additional Provisions Relatinc to Resource Recovery and Recycling Authority of Southwest Oakland County. If the Municipality is a member of the Resource -23- Recovery and Recycling Authority of Southwest Oakland County ("RRRASOC"), the provisions set forth in attached Exhibit C shall apply to the parties hereto and shall become a part of this Agreement. RRRASOC, by its execution of this Agree- ment, approves and accepts the provisions set forth in Exhibit C. its. Miscellaneous. (a) Effective Date. This Agreement shall become effective on the date on which the County determines that there has occurred execution of agreements substant- ially in the form hereof by any combination of cities, villages or townships within Oakland County in which an aggregate minimum of 1,501L tons per day of Solid Waste is generated. The County shall give notice to the Municipality of the effective date of this Agreement. The Municipality may unilaterally terminate this Agreement by written notice to the County if the County has not given notice of the effective date of this Agreement on or before December 31, 1990. (b) Term. This Agreement shall be binding and remain in effect until the expiration of the later of (i) twenty (20) years from the effective date as determined pursuant to (a) above, which term may be extended by agree- ment of the County and the Municipality for up to four (4) successive five (5) year periods, or (ii) the date on which all bonds issued to finance any of the System Facilities are -24- no longer outstanding. This 'Agreement shall continue and remain in full force and effect as an independent and integ- rated agreement between the Municipality and the County on the terms and provisions set forth in this Agreement. (c) Assianment. This Agreement, or any interest therein, shall not be assigned, transferred, or otherwise encumbered by the Municipality; provided, however, that in the event all or any part of the Municipality is incorporated as a new city or is annexed to or becomes a part of the territory of another municipality, the municip- ality into which such territory is incorporated or to which such territory is annexed shall assume the Municipality's obligations under this Agreement as it relates to such territory. The Municipality hereby consents to the assign- ment by the County of such of the County's rights and obli- gations under this Agreement as the County shall determine to be desirable to provide for the acquisition, construct- ion, operation, maintenance and financing of any of the Facilities. (d) Amendments. This Agreement may be amended from time to time by written agreement duly author- ized and executed by the parties hereto; this Agreement shall not be subject to any amendment which would in any manner affect either the security of or the prompt payment of principal or interest on any obligation of the County incurred in financing any of the Facilities as evidenced by -25- bonds, contract or lease. It is hereby declared that the terms of this Agreement insofar as they pertain to the security of any such obligation of the County shall be deemed to be for the benefit of the holders, assignees or beneficiaries thereof. (e) Severability. If any provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and this Agreement shall be construed and enforced as if such invalid and unenforceable provision had not been contained herein. (f) Termination. Neither the County nor the Municipality shall have the right to terminate this Agree- ment for any reason whatsoever, including breach or default in the obligations of the parties and this Agreement shall, for its term, remain in full force and effect and may at all times be enforced by either party at law or in equity. (g) Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase or other provision of this Agreement. (h) Notices. All notices required or permit- ted by this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid, to the following addresses: If to the County: If to the Municipality: (i) Captions. Captions or headings used in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision or section of this Agreement. (j) Governinc Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan. -27- By: I t s : IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 1989. WITNESSES: COUNTY OF OAKLAND, a Michigan public corporation By: Its: Chairman', Board of County Commissioners By: Its: County Executive [MUNICIPALITY] By: Its: By: Its: [Approved and accepted: RESOURCE RECOVERY AND RECYCLING AUTHORITY OF SOUTHWEST OAKLAND COUNTY . TMD/09004/0144/AD6/17 -28- EXHIBIT A - to - INTERGOVERNMENTAL AGREEMENT FOR SOLID PROCESSING AND DISPOSAL SERVICES ASTE In accordance with paragraph 5 of the Agreement, the Municipality hereby elects to deliver or cause to be delivered all Recyclable Materials (excluding Yard Clip- pings) generated within its boundaries to the following designated recycling facility: In accordance with paragraph 5 of this Agreement, the Municipality agrees to deliver or cause to be delivered all Yard Clippings generated within its boundaries to the following designated composting facility: OR SOLID WASTE EXHIBIT B to INTERGOVERNMENTAL AGREEMENT PROCESSING AND DISPOSAL SERVICES The following municipalities are members of the Municipal Solid Waste Board organized pursuant to Inter- governmental Agreements for the Disposal of Solid Waste, each dated as of August 15, 1985, between the County and each of the municipalities: Township of Addison City of Auburn Hills Township of Bloomfield Charter Township of Brandon Village of Clarkston Charter Township of Commerce Township of Groveland Charter Township of Highland Village of Holly Charter Township of Independence City of Keego Harbor City of Lake Angelus Village of Lake Orion Charter Township of Lyon Charter Township of Milford Township of Oakland City of Orchard Lake Village Charter Township of Orion Charter Township of Oxford Village of Oxford City of Rochester City of Rochester Hills Township of Southfield Charter Township of Springfield City of Sylvan Lake Charter Township of Waterford Charter Township of West Bloomfield Charter Township of White Lake City of Wixom Village of Wolverine Lake TMD109004/0144/AE6/3 -2- EXHIBIT C to INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE PROCESSING AND DISPOSAL SERVICES The following provisions shall be included in and become a part of the Agreement if the Municipality is a member of the Resource Recovery and Recycling Authority of Southwest Oakland County ("RRRASOC"): 1 1. The County acknowledges that the Municipality shall be obligated, pursuant to a contract with RRRASOC, to deliver all Recyclable Materials (excluding Yard Clippings) to the recycling facility to be owned by RRRASOC. In connection with any financing of the RRRASOC recycling facility, RRRASOC shall be entitled to pledge the contract- ual obligation of the Municipality to deliver or cause to be delivered all such Recyclable Materials to such facility. 2. In .furtherance of the Municipality's obliga- tions under paragraphs 4 and 5(a) of the Agreement to deliver all Solid Waste generated within its boundaries to a County-designated Facility, the Municipality shall be ! entitled to deliver or cause to be delivered all such Solid Waste to a transfer station to be owned by RRRASOC for subsequent transfer to the County-designated Facility. The County acknowledges that RRRASOC shall be entitled to act as the Municipality's agent in delivering such Solid Waste to the designated Facility. The Municipality and RRRASOC agree that the.County shall be entitled to petition a court of competent jurisdiction to compel either the Municipality or RRRASOC to perform the foregoing obligations of the Municip- ality under paragraphs 4 and 5 (a) of the Agreement. CI- st TXD/09004/0144/AZ8/3 Resolution # 89347 December 14, 1989 Moved by Hobart supported by McPherson the resolution be adopted. AYES: Gosling, Hobart, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Wolf, Aaron, Bishop, Calandro, Chester, Crake, Ferrens. (23) NAYS: Skarritt. (1) 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 the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on December 14 , 19 89 with the original record thereof now remaining on file 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 14th day of D. ALLEN, County Clerk gister of Deeds 7Tuty Clerk