HomeMy WebLinkAboutResolutions - 1991.12.12 - 18437MISCELLANEOUS RESOLUTION # 91281 December 12, 1991
BY: PLANNING AND BUILDING COMMITTEE
IN RE: IMPLEMENTATION OF THE OAKLAND COUNTY SOLID WASTE MANAGEMENT SYSTEM
INTERGOVERNMENTAL AGREEMENTS
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County has long proposed the implementation of a Solid Waste
Management System on behalf of the County's 61 cities, villages and townships, and
WHEREAS, The System has been established by the Board of Commissioners pursuant to
Act 186 of the Public Acts of Michigan of 1989, for the purpose of acquiring and providing
processing and disposal facilities and services for the handling of municipal solid wastes
and recyclable materials for the benefit of the local units of government within the
County, and
WHEREAS, The Oakland County Act 641 Solid Waste Management Plan Update, as approved
by the Oakland County Board of Commissioners, a majority of the 61 cities, villages and
townships, and the Director of the Michigan Department of Natural Resources (NoveMber 8,
1991), outlined the program in specific detail, and
WHEREAS, The Oakland County electorate, on November 5, 1991, approved of the sale
of up to $500 Million dollars of bonds for the purpose of providing for the initial
capital funding for the system, 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 recyclable 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 counsel and financial consultants have
proposed a revised Intergovernmental Agreement specifying the contractual obligations
between the County and participating municipalities; and
WHEREAS, The Board of Commissioners have previously approved the basic System
concepts and the Intergovernmental Agreement through Miscellaneous Resolutions #89347,
#90151 and #90302.
NOW THEREFORE BE IT RESOLVED That the Oakland County Board of Commissioners does
herewith approve of the Intergovernmental Agreement in substantially the form attached
hereto (dated November 25, 1991) and authorizes the County Executive to release this
document for approval by the County's municipalities; and
"
, jn
BE IT FURTHER RESOLVED That the previously adopted Intergovernmental Agreements for
the City of Pontiac and for the SOCRRA municipalities are to be amended to be consistent
with the Intergovernmental Agreement approved herein and the County Executive is
authorized to release those amended documents for approval by the respective
municipalities; and
BE IT FURTHER RESOLVED That the previously approved versions of the
Intergovernmental Agreement are hereby rescinded; and
BE IT FURTHER RESOLVED, That the County Executive and the Board of Commissioners
Chairperson are hereby authorized to sign the IGAs in substantially the form approved
after approval by each participating municipality.
BE IT FUR= RESOLVED that this resolution shall become effective upon the date of
certification by the Oakland County Board of Canvassers of the results of the recount of
the votes cast in the election of November 5, 1991, finding that the sale of general
obligation bonds for the Solid Waste Management System was approved.
Mr. Chairperson, on behalf of the P1 ing and Building Committee, I move adoption
of the foregoing resolution. /9 4 /2
arry Cake, Chairperson
Planning and Building Committee
OCDSWM
November 25, 1991
C:\WP51\SYSGO\IGA.RES
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 12th day 9f-) December i991
en, County Clerk
,
Lynn
December 12, 1991 Resolution # 912_81
Moved by Crake supported by McCulloch the resolution be adopted.
Discussion followed.
Moved by Crake supported by Pappageorge the resolution be amended as follows:
Page 16, subparagraph 5(b), eleventh line - after "ensure" insert "that all solid
waste generated within its boundaries shall, commencing on the System Operation Date, be
delivered only to the System Facility or Facilities designated by the County and"
Page 16, subparagraph 5(b), thirteenth line - change "Operation" to Recycling"
Page 22, paragraph 11, fifth line after "including' insert "but not limited to"
page 22, paragraph 11, last line, and page 23, paragraph 11, first line - delete
"may be different from that" and insert "shall not be less than the"
Page 23, paragraph 11, third line - after "hereof" insert "without the approval of
the County Board of Commissioners following consultation with and/or a recommendation from
the Executive Committee"
Exhibit B, Series B Bonds - add an asterisk (*) after "2,386,341" and the following
footnote - "*The County, in its discretion, may provide for the reimbursement of this cost
from the proceeds of the Series A Bonds."
Exhibit D, paragraph A.3, third and fourth lines - delete "all of the residential"
and insert "(specify portion) of the"
Exhibit G (Ordinance), page 5, definition of "Disposal Fee", fourth line - insert
"System" before "Facilities"
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge,
Skarritt, Wolf, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson. (15)
NAYS: Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron. (7)
A sufficient majority having voted therefor, the resolution, as amended, was
:adopted.
, STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on December 12, 1991
with the original record thereof now remaining in my office.