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HomeMy WebLinkAboutResolutions - 1984.09.13 - 17976a; PLANNING AND'41..:TLDING COMMITTEE Anne M. Hobart, Chairperson Septeber .13th, .1984 Miscellaneous Resolution # 84247 By: Planning and Building Committee Anne M. Hobart, Chairperson In re; Sewer, Water and Solid Waste Division - Evergreen-Farmington Sewage Disposal System - Supplement and Replacement TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chaiperson, Ladies and Gentlemen; WHEREAS on December. 22nd, 3958, the Board of Supervisors by Miscellaneous Resolution # 3446 approved an "Agreement for Use of Certain Detroit Sewers"; and WHEREAS said Agreement provides that the Evergreen-Farmington district shall be temporarily served by an outlet to dispose of sanitary sewage into the Detroit Sewer System at Southfield and Hessel Avenue and at such time as the Detroit First-Hamilton Sewer has been completed and placed in operation, the County will discontinue the temporary outlet and make a permanent connection into the First-Hamilton sewer; and WHEREAS the above agreement also limits the capacity into the temporary and permanent connections to 50 cubic feet per second and 120 cubic feet per second, respectively; and WHEREAS the F rst-Hamilton sewer has been completed and placed in operation and the Evergreen-Farmington Facility Plan indicates that said district will require a permanent outlet capacity into the Detroit stp_o_G rn of 170 cubic feet per second; and WHEREAS a new "Detroit-Oakland Agreement for Use of Certain Detroit Sewers for the Evergreen-Farmington District" has been prepared which provides, in part, or the construction of a permanent connection tn the First-Hamilton sewer and an outlet capacity of 170 cubic feet per second. NOW THEREFORE BE IT RESOLVED that the "Detroit-Oakland Agreement for Use of Certain Detroit Sewers fnt the Evergreen-Farmington Distract" (copy attached) is hereby approved and the County ExecutIve and the Chairperson of the Board of Commissioners are authorized and directed to execute said Agreement on behalf of the County of Oakland. MR. CHAIRPERSON, on behalf of the Planni_ng and Building Committee, I move the adoption of the foregoing resolution. I RIZEBY APPROVE THE FCREGFNG RESOL DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR THE EVERGREEN-FARMINGTON DISTRICT This Agreement made and entered into this day of , 1984, by and between the CITY OF DETROIT, a Municipal Corporation of the State of Michigan (hereinafter the "CITY") by and through its Board of Water Commissioners (hereinafter the "BOARD"), and the COUNTY OF OAKLAND, a County Corporation in the State of Michigan, (hereinafter the "COUNTY") by and through its County Executive Department of Public Works, W1TNESSE.TH: WHEREAS, the BOARD, operates and maintains a wastewater disposal system consisting of transportation facilities (sometimes hereinafter referred to as the DETROIT SYSTEM) and treatment facilities; and WHEREAS, the CITY acting through its Commissioners of Public Works and the COUNTY have heretofore entered into an Agreement for Use of Certain Detroit Sewers, dated December 30, 1958, as amended from time to time thereafter, (herein- after called the "USE OF CERTAIN DETROIT SEWERS AGREEMENT") whereby the CITY agreed to accept sewage from certain areas in the COUNTY which were established and thereafter enlarged adjoining and contiguous county sewage disposal systems and districts designated as the Evergreen Sewage Disposal System and District and the Farmington Sewage Disposal System and District (hereinafter called the "DISTRICT") temporarily into the Southfield Sewer; and WHEREAS, the CITY (acting through its Board of 1Vater Commissioners) and the COUNTY have heretofore entered into the Evergreen-Farmington Sewage Disposal Agreement, also dated December 30, 1958, as amended from time to time thereafter for the purpose of sewage treatment and disposal (hereinafter called the "SEWAGE DISPOSAL AGREEMENT"); and WHEREAS, in the USE OF CERTAIN DETROIT SEWERS AGREEMENT it was provided that the COUNTY would construct a portion of the so-called Evergreen Interceptor in the CITY, as part of the facilities to serve the DISTRICT, and would connect said Evergreen Interceptor into the Detroit Southfield Sewer at Hessel Avenue, as a temporary outlet for up to 50 cubic feet per second of sewage delivered to the Detroit Southfield Sewer at said point of connection, but with the understanding that at such time as the CITY desired, the temporary connection to the sewers of the CITY would be moved by the COUNTY with a permanent connection to the First-Hamilton Sewer, or some other point, and the capacity of the outlet would be increased to 120 cubic feet per second or such greater amount as the CITY may approve; and WHEREAS, it appears now feasible and necessary for the public health, safety, and welfare of the residents of the COUNTY and the CITY that the said point of connection to the sewers of the CITY be moved to the First-Hamilton Sewer and that the capacity at said point of connection to the DISTRICT of the COUNTY be increased to 170 cubic feet per second or such larger amount as the BOARD may approve, as herein provided, and that, because of the availability of grant funds and for other reasons pertaining to the needs of the County of Wayne and the CITY, the BOARD shall have constructed a new interceptor to transport sewage from the DISTRICT to the First-Hamilton Sewer as a permanent connection to the DETROIT SYSTEM. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO, for and in consideration of the mutual covenants herein contained to be kept and performed and the benefits to accrue as a result thereof, that the saic USE OF CERTAIN DETROIT SEWERS AGREEMENT as heretofore amended, be supplInted and replaced in 2 its entirety by this new Agreement for Use Of Certain Detroit Sewers hereinafter called "AGREEMENT" which reads as follows: 1. The BOARD agrees to provide sewage transportation services to the COUNTY subject to conditions stated hereinafter. 2. The COUNTY agrees to utilize and pay for sewage transportation service furnished by the BOARD as provided in paragraphs 15 and 17 of this AGREEMENT. 3. The parties hereto enter into this agreement for the purpose of serving the public health and welfare of the people of the State of Michigan, especially in the area affected hereby, and enhancing the water quality of the Great Lakes and its tributaries. The BOARD shall collect or intercept sewage at the point or points designated herein, or to be designated in the future by mutual agreement of the parties hereto, and transport the same through interceptors and com- bined sewers of the capacity needed to meet reasonable requirements of the COUNTY. 5. The COUNTY shall deliver sewage to the point(s) of connection to the DETROIT SYSTEM. 6. The DISTRICT or the collection system of the DISTRICT shall not extend beyond the limits as herein delineated on Exhibit "A" except by mutual agreement of the parties hereto. 7. Sewage from the DISTRICT shall be delivered to the DETROIT SYSTEM at the location(s) as noted on Exhibit "A", attached hereto and made a part hereof, and at such other point(s) as may, from time to time, be mutually agreed upon by the parties hereto. 3 8. The BOARD shall cause to be designed, constructed, operated and main- tained the following facilities for the purpose of shifting presently existing sewage flows from the DISTRICT out of the Detroit Southfield Sewer to other facilities as a permanent connection for the DISTRICT. These facilities shall include: A. An interceptor located in the cities of Detroit and South- field to transport sewage flows from the Evergreen- Farmington Sewage Disposal District to the Detroit facility known as the First-Hamilton Relief Sewer. B. A flow metering and control facility to measure and control the sewage flow from the Evergreen-Farmington District to the DETROIT SYSTEM. C. A control facility to divert and control the sewage flows from the First-Hamilton Relief Sewer to the BOARD'S facility 'Known a.s the North Interceptor - East Arm. D. The necessary regulating device to divert and control flows from the First-Hamilton Relief Sewer to the BOARD's facility known as the Detroit River Interceptor. 9. All sewage flow entering the DETROIT SYSTEM from the DISTRICT shall be measured and controlled by facilities installed at each point of connection. Copies of all meter readings and records for these facilities shall be furnished to the COUNTY. The BOARD shall have caused the required sewage measuring and control facilities to be designed, constructed, operated and maintained. Such facilities shall be a part of the DETROIT SYSTEM. O. The COUNTY agrees to accept the BOARD's estimates of quantities of sewage flow during all periods in which the measuring facilities fail to measure the sewage flow correctly, provided there is reasonable basis for such estimates. Ii. 12. The COUNTY agrees to conform •to generally accepted standards and specifications established by good engineering practices in the installation of sewage collection, pumping, and transportation facilities which the COUNTY and/or its municipal subdivisions will cause to have constructed in the DISTRICT. It may be necessary from time-to-time to temporarily divert DISTRICT flow to the Southfield Sewer for the purposes of maintenance, repair, cleaning, or reconstruction of portions of tne DETROIT SYSTEM including the facilities identified in Paragraph 8 above. This temporary diversion is to be accom- plished through the COUNTY'S existing metering chamber and piping. The BOARD's estimates of flow will be used during such periods of temporary diversion for the purposes of calculating sewage disposal charges as provided for in the SEWAGE DISPOSAL AGREEMENT. 13. The COUNTY'S existing meter chamber, two control gates, and downstream piping and facilities shall be maintained by the COUNTY for the purpose of temporary flow diversion as identified in Paragraph 12 above. The existing meter may be abandoned and need not be maintained subsequent to the availability to the DISTRICT of the facilities identified in paragraph 8. 14. The COUNTY shall procure for the BOARD the fee simple and lesser interest in real properties within the City of Southfield necessary for the BOARD to construct, operate, inspect, improve, maintain and repair the facilities described in Sub-Paragraphs SA and 8B above. The fee simple or other interest in the real properties shall be in the name of the City of Detroit, by and through its Board of Water Commissioners. The cost of such procurement shall be borne by the COUNTY. 15. The local share of the capital costs of designing and constructing the facilities as set forth in paragraph 8, after receipt and application of the proceeds of Federal and State grants, if any, shall be paid for by the County of Wayne on ,ehalf of the 7ommunities comprising the North Huron Valley- 5 Rouge Valley Wastewater Control System, and the COUNTY on behalf of the communities comprising the DISTRICT in accordance with the following ratio: County of Wayne - Two-thirds (2/3) of items 8A, 8C and 8D. County of Oakland - One-third (I/3) of items 8A, 8C and 8D plus the cost of item 8B. Construction is contingent on Wayne and Oakland financing the said facilities and making timely advance payments to the BOARD. 16. The facilities as described in paragraph 8 shall be designed and constructed in accordance with the requirements of the BOARD. However, the BOARD shall have prior written approval of the County of Wayne and COUNTY before taking the following actions: a) Advertise construction contract, b) Recommend award, c) Issue start work order. 17. It is understood and agreed that no refund shall be made to the COUNTY by the CITY or the BOARD for capital charges incurred by the COUNTY under the terms of the USE OF CERTAIN DETROIT SEWERS AGREEMENT for capacity in the Southfield Sewer. It is also understood and agreed that no capacity or capital charges shall be paid to the CITY or the BOARD by the COUNTY for the original costs incurred by the CITY for the construction of the First-Hamilton Relief Sewer. This Paragraph 17 does not prohibit the inclusion of other costs including, but not limited to, the costs of operating, maintaining and repairing the DETROIT SYSTEM, in rates and charges as may be established from time-to-time by the CITY and the BOARD under the terms of the SEWAGE DISPOSAL AGREEMENT. " 18. The maximum rate of discharge from the DISTRICT to the DETROIT SYSTEM shall be 170 cubic feet per second or such greater amounts which may be agreed to by the parties hereto. 19. The flow of sewage from the DISTRICT into and through the DETROIT SYSTEM shall be automatically metered and controlled in a manner appro- ved and operated by the BOARD so as to limit the flow to the amount permitted from time to time under the terms of this AGREEMENT; and further, to eliminate entirely the flow at such times when the DETROIT SYSTEM is flowing approximately full. For this purpose the BOARD shall provide the means necessary to limit the amounts hereinbef ore specified and also to enable the BOARD to entirely shut off the DISTRICT during storm conditions when the DETROIT SYSTEM is filled to a capacity, or deemed unsafe by the BOARD. Any adjustments or modifications to the control systems deemed necessary by the BOARD to conform with these require- ments of the BOARD shall be made by the BOARD. It shall be the responsibility of the COUNTY to make any modifications or install addi- tional facilities as part of the DISTRICT'S system as the COUNTY deems necessary to protect the DISTRICT's customers during occasions of flow restriction or elimination. 20. The Southfield Sewer, from Hassel to the regulator, "excess flow" charges and "maintenance" charges shall be paid to the BOARD by the COUNTY until such time as service is available to the DISTRICT by the facilities identified in paragraph S. The "excess flow" charge shall be paid when the quantity of sewage flow through the COUNTY'S existing sewage meter exceeds 50 cubic feet per second for a period of one hour or more, not necessarily continuously, within any monthly period. The monthly amount to be paid shall be Thirty-Six Dollars and Fifty-Eight Cents ($36.58) per cubic foot per second for the maximum excess over and above 50 cubic feet per second. The above dollar amount includes excess flow charges for both capital and maintenance costs. 7 The "maintenance" charge shall be paid annually in advance in the amount of Two Thousand, Four Hundred and Thirty-Nine Dollars and No Cents • ($2,439.00) per year. 21. This AGREEMENT is contingent upon the BOARD entering also into an agreement with the County of Wayne on behalf of the North Huron Valley- Rouge Valley Sewage Disposal System for the purpose of completing the financing of the improvements described in paragraph 8 in accordance with the terms and percentages described in paragraph 15. 22. No failure or delay in performance of the AGREEMENT by either party shall be a breach thereof when such failure or delay is occasioned by or due to any act of God, strikes, lockouts, wars, riots, epidemics, explosions, sabotage, breakage or accident to machinery or lines of pipe, the binding order of any court or governmental authority, or any other cause, whether of the kind herein enumerated, or otherwise, not within the control of the party claiming suspension; provided that no cause or contingency shall relieve the COUNTY of its obligation to make payment under the SEWAGE DISPOSAL AGREEMENT for treatment of sewage actually entering the DETROIT SYSTEM from the DISTRICT. 23. In the event proper operation of the system requires the BOARD to discontinue temporarily all or part of the service to the DISTRICT, no claims for damage for such discontinuance shall be made by the COUNTY against the CITY or BOARD. 24. The BOARD shall save harmless the COUNTY and the municipalities in the DISTRICT from any and all Lability, claims, suits, actions, or cause of action for damages for injuries, including death, or otherwise by reason of the construction work herein above provided for; provided, that nothing in this section or in this AGREEMENT shall be construed to render the BOARD liable for acts of negligence by the COUNTY or any municipalities therein or any of their individual officers, employees or agents. 3 25. Facilities constructed, maintained and operated under this AGREEMENT shall become a part of the DETROIT SYSTEM and shall remain in perpetuity the property of the BOARD and shall not be operated or maintained by any other than employees of the BOARD or authorized representatives thereof. 26. The term of this AGREEMENT shall be for at least 50 years from the date hereof, provided, however, that this AGREEMENT shall be renewed without further action by the parties hereto for successive terms of 10 years thereafter, unless either party shall elect to terminate the same by written notice to the other party given one year prior to the date of termination of the original term or any renewal thereof. In the event of the willful cessation by either of the parties hereto of performance and/or compliance with the terms of this AGREEMENT, the other party hereto may elect to terminate this AGREEMENT at any time upon 90 days written notice. In the event of termination of this AGREEMENT the BOARD shall have the right by any employable means at its command to prevent continued introduction of wastewater into the DETROIT SYSTEM from the area served hereby. 27. The parties hereto shall comply with all applicable fair employment practices laws and ordinances and require similar compliance by all non- governmental parties contracted with pursuant to this AGREEMENT. Failure to so comply or to require compliance may be considered a material breach of this AGREEMENT. 28. This AGREEMENT shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. 29. This AGREEMENT shall take effect upon its adoption and execution by the respective parties hereto, its approval by the BOARD, City Council of Detroit, and its approval by the Board of Commissioners of the COUNTY. In the p1el5ence. of; COUNTY OF OAKLAND BY ITS CHAIRPERSON OF THE BOARD OF COMMISSIONERS IN WITNESS WHEREOF, " the parties have this day of , A.D. 1984, caused this AGREEMENT to be executed in quadruplicate and signed by the respective parties herein, pursuant to the attached certified copies of resolutions of their governing bodies. 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I A 1 it (1.0- •r•N 4.1.4 I•F4 • .• fol! 10* t - r .r‘ n *,•••n .444. •.,,! 4 *N51. /To 67_,Trwl- lop luoli t oiir F.., ,! ,i, w 1 ,,,--i. ,-,-- i ,, . ...,:iit . , ? 1 1 . .., EVERGREEN- FARMINGTON DISTRICT STONTIAtC T OW NISH.F. 0:11:01. Wit : 1:1•011. • •n br. Exhibit "A' Page 3 of 6 2/84 ...... , J 0 Ou r ELD '0 ,04 451i? air 4 rr a tr • r-- - --- 1 t •-m , „ ."EVERGL RE SOUTH, i p ._ ; .•'. / )..-WM".1 • r- 4 tit rw . lik iho 14.1191 IMI 1 1 *i ' ' t WPM NIIPIPI a - - - - 1.10n ilkali111111011 ' t -1,r--"T ' I Virniltb'% avrie RI , ii: Nit 44 4frod:Amok..1140 I -.- .4 rairwa,....4.vo.....,„ IFT ....„, .th. Nov Irmnalla ow ._,Ada IIP rm . i i li r414v-,MCP ,- i me,imiloP : miamaithithoiii T _,1*-0 401vari, . .. .4011,, . umFmialg Amor 4 --.4 ' '; Isaritrnmiam a, - adr.i • - ' ' 71•1•=11110.110111: ilnil fr _ Ml pli ',--E . ____ Wa V . Ir. ' , . -I C.: J- O CC A - .A.Nat 14 RECrORD -00 Connection to Detroit System wAYNE COUNI , C! Or D TRoli I X.614- SOUTHFIELD TOWNSHIP "EXHIBIT"A" TO DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR EVERGREEN- FARMINGTON DISTRICT DATED ." Exhibit "A" Page 4 of 6 2/84 ROYAL OAK TLIANSHLP .114,6 10.4•11.11•••nn• nn•• Mimeo IA••• .1.,..wam. NEXHIBITT TO DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR EVERGREEN- FARMINGTON DISTRICT DATED CITY OF TROY Ilalatutlel =YR, 111,1n•••^ Exhibit NAN Poe 5 of 6 2/84 Is „t•ty 1.• • j At; . -"J-7 '••• 4, 03,1=1 I Li' 10. —77 I. —5 Ig • 'AK - ' WATERF Pj T OWNS Fl n P k 4.-...Lj ••. •, • .1 ..; • ttr.5.1... I •,1 lip..,,h. , ,. t i . ,.,. H. . 4 '44 A , i.:11,-muu,4 li z F ......1_„..V .:-._ ...',1.• . . r• _ L r •-•-.1••:.,,..:7,F., jr•' 41f--: ‘•.' 'i "'-'4” ' ri • 2 i: :V•rr't•j._•,:yriailk.,_ r r_i c ..-.,„:, ,.-twir.,-.J_,..„,,_ II _ 7 . • . • - ' OW.:HAPD LAKE (-I— -7 4eL"."4 `1 4 .,-; :':•n•• .4. '.:1 !! f • 6: y . ...' •s .1 'ik •••••• —. .L. ,..1 ,••• :).' ‘-' i., •,,,I. N pISTRIC*11 # •n•'" r AM 1, TON TOWN5HIP .e I. •01,1••• 1,11•401.1 •••,•••.• wkST bLOONIFIELP TOWNSHIP 1.• (DUN+ "EXHIBIT "A" TO DETROIT-OAKLAND AGREEMENT FOR USE OF CERTAIN DETROIT SEWERS FOR EVERGREEN- FARMINGTON DISTRICT DATED ." Exhibit liA" Page 6 of 6 2/84 #84247 September 13, 1984 13th this Moved by Hobart supported by Perinoff the resolution be adopted. AYES: Rewold, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Page, Perinoff, Pernick, Price. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNT' Of DAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do herebv certify that I have compared the annexed copy of Resolution #84247 adopted by the Oakland County Board of Commissioners at their meeting held on September 13, 1984 with the orginiai 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 September 1 . 84 LA_ • I. ALLEN - County Clerk/Register of Deeds day of thIN