HomeMy WebLinkAboutResolutions - 1992.02.13 - 19986February 13, 1992 Miscellaneous Resolution # 9201/
By: Planning & Building Committee John E. Olsen, Chairperson
In re: Water & Sewage Operations Division
Amendment No. 4 to Wastewater Disposal Agreement,
City of Detroit - County of Oakland (Clinton-Oakland District)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS on February 5, 1968, the County of Oakland, Michigan, and the
City of Detroit, Michigan, entered into a written agreement providing for the
terms and conditions under which the City of Detroit would accept and treat
sewage from the Clinton-Oakland Sewage Disposal District, hereinafter referred to
as the "District"; and
WHEREAS on January 29, 1973, the County of Oakland, Michigan, and the
City of Detroit, Michigan, entered into an amendatory Agreement No. 1; and
WHEREAS on June 13, 1983, the County of Oakland, Michigan, and the City
of Detroit, Michigan, entered into an amendatory Agreements No. 2 and No. 3; and
WHEREAS the original agreement and all amendatory agreements provide for
a specific service area to be served by the City of Detroit specifically
excluding the old portion of the City of Rochester, Michigan; and
WHEREAS in a letter dated February 26, 1991, the City of Rochester has
requested that the old portion of the City of Rochester be included as part of
the Clinton-Oakland District and provided sewage disposal treatment by the City
of Detroit.
NOW THEREFORE BE IT RESOLVED that the Amendment No. 4 to Wastewater
Disposal Agreement, City of Detroit - County of Oakland (Clinton-Oakland
District) which includes the City of Rochester in the Clinton-Oakland service
area to be served by the City of Detroit is hereby approved and the County
Executive is hereby authorized and directed to execute said agreement on behalf
of the County of Oakland.
MR. CHAIRPERSON, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
. Olsen, Chairperson
V APPROVE THE FOREGOING RESOLLJTIONI
Daniel Couny Exe4utIvtJ Date
Resolution # 92017 February 13, 1992
Moved by Olsen supported by Gosling the resolution be adopted.
AYES: Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks,
Olsen, Palmer, Pappageorge, Pernick, Schmid, Skarritt, Wolf, Aaron, Bishop,
Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause. (24)
NAYS: None. (0)
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, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adapted by the Oakland County
Board of Commissioners on February 13,1992
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 13th day of—) February 1992
7,70,Allen, County Clerk L—ynn—
AMENDMENT NO. 4
TO
WASTEWATER DISPOSAL AGREEMENT
CITY OF DETROIT - COUNTY OF OAKLAND
(CLINTON - OAKLAND DISTRICT)
THIS AMENDATORY AGREEMENT is made this day
of , 19 , between the CITY OF DETROIT, a
municipal corporation organized under the laws of the State of
Michigan, by its Board of Water Commissioners (hereinafter
referred to as the "BOARD"), party of the first part, and the
COUNTY OF OAKLAND, a public body corporate under the laws of
the State of Michigan (hereinafter referred to as "COUNTY"),
party of the second part.
WITNESSETH:
WHEREAS, the BOARD and the COUNTY entered into a written
agreement on February 5, 1968, providing terms and conditions
under which the BOARD would accept and treat sewage from the
Clinton-Oakland Sewage Disposal System (hereinafter referred
to as the "DISTRICT"), and
(The eastern part of the present City of Rochester wai for-
merly part of Avon Township, and was made a part of the
DISTRICT by the February 5, 1968 agreement.)
2. This Amendment No. 4 is supplementary to the prior
agreements, and the prior agreements shall remain in full
force and effect except as herein amended.
3. This Amendment No. 4 shall insure 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 parties hereto and its approvel
by the City Council of the City of Detroit.
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 written above.
OAKLAND COUNTY (Clinton-Oakland)
A Michigan Municipal Corporation
WITNESS (Oakland County)
(signed) By (signed)
(typed) (typed)
Title
WITNESS (Oakland County)
Address
(signed)
(typed)
Telephone Number
THE CITY OF DETROIT
A Michigan Municipal Corporation
by its Board of Water Commissioners
WITNESS (Board of Water Commissioners)
(signed) By (signed)
(typed) (typed)
Title
WITNESS (Bd. of Water Commissioners) Address
(signed)
(typed)
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ROCHESTER. MICHIGAN 48307
TELEPHONE 651 -9061
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February 26, 1991
Mr. James E. Porter, P.E., Manager
Water & Sewage Operations Division
Oakland County
One Public Works Drive
Waterford, MI 48328
Re: Clinton-Oakland Sewage Disposal District - New Sub-District for
the City of Rochester
Dear Mr. Porter:
Please be advised, the Rochester City Council during its meeting of
February 25, 1991, authorized me to notify you of the City's interest in
having your office establish a separate sewer district to allow City sewage
from both the eastern area of the City and the existing City flows to tie into
the Clinton-Oakland Meter Pit located near Dequindre.
This action is consistent with the suggestion made by representatives of
the City of Detroit during our meeting of February 13, 1991, as a mechanism to
avoid the procedural steps of needing the other twelve (12) communities to
approve the City of Rochester to make the connection into the Clinton-Oakland
Arm.
It is formally requested that you review the feasibility of establishing
such a separate sewer district. This may be the only feasible option. Since
the City of Detroit representatives seem to think this alternative would
address the needs of the various parties, it would be worthwhile for your
office to review with legal counsel and/or bond counsel regarding this matter.
It is the City's desire that you pursue this matter even while the Flow Study
is continuing so timely decisions can be made by the City Council. I also
want to make certain that all of our options are exhausted so if we have to go
back to the City of Detroit for a direct connection, it will be clear the City
of Rochester made every effort to work with your office so our flows are in
the appropriate sewage "district."
Recycled Paper
Mr. James E. Porter
February 26, 1991
Page Two
After you review of this letter, please call me to let me know what
approach you think you might take regarding the establishment of the new
Sub-District.
Should you have any questions, please advise.
Very truly yours,
Kenneth A. Jopliton
City Manager
KAJ:klp
cc: Don McCormack
Gary Tressel