HomeMy WebLinkAboutResolutions - 1994.04.28 - 23987April 28, .1994
MISCELLANEOUS RESOLUTION 194127
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER,
CHAIRPERSON
IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND
MAINTENANCE AGREEMENT WITH THE CITY OF WIXOM FOR THE
WLXOM WATER SUPPLY SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS on February 26, 1969, the County of Oakland entered into an agreement with
the City of Wixom to operate and maintain the Wixom Water Supply System; and
WHEREAS the City of Wixom wishes to terminate this contract; and
WHEREAS the County has agreed to the termination at a date yet to be determined.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve the termination of the Wixom Water System Operating Agreement.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
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• WIXOM WATER SYSTEMS
OPERATING AGREEMENT
THIS OPERATING AGREEMENT made this 26th day of February 1 ,969,
by and between the COUNTY OF OAKLAND, a Michigan County Corporation, acting by
and thru its Board of Public Works (hereinafter called the "County" or the"Board of
'Public Works"), party of the first part, and the CITY OF WDCOM, a municipal cor-
poration in the County of Oakland, Michigan (hereinafter called the "City"), party of
the second part.
WITNESSETH:
WHEREAS, the Board of Public Works under the provisions of Act 185 of the
Michigan Public Acts of 1957, as amended, can operate and maintain water systems
and provide service to individual users within a municipality with the consent of
the municipality; and
WHEREAS, the City at a regular Council meeting on June 25, 1968 adopted
policy CM-6-238-68 which in part reads " . . • it shall be the policy, until further
notice, of the City to turn over the maintenance and operations of all community
well systems to the Oakland County Department of Public Works. "
THEREFORE, in consideration of the mutual promises herein provided, it is .
agreed by and between the parties hereto as follows:
1. The City, as ownerà of all existing and future community well water .
systems in the City, hereby designates and employs the County as its agent to
operate and maintain, on behalf of the City, said systems for the term hereinafter
provided. The County hereby accepts such designation and employment and will
carry out and perform such operation and maintenance in such manner and at such
times as to comply in all respects with the obligations of the City, concerning
water transported and distributed in the systems, the condition and state of rapair
of the system, the regulation of connections to the system and the collect...on of
charges for connection to and use of the systems. ,
2. ' The City has adopted or shall hereafter adopt such one or more ordin-
ances and resolutions, as are necessary, providing for the time and manner of
connection of premises in the City to the system; the payment of inspection and
approval fees and the issuance of service installation permits upon approval; the
amount and the terms of payment of service charges and service installation permit
fees; and the enforcement of the prompt payment of such charges and fees. The
County shall assist in the enforcement and carrying out of such ordinances or reso-
lutions by tl-e making of connections, reading of meters, billing, the mailing to or
serving on owners and/or occupiers of premises of notices and demands as necessary,
the issuance of receipts and reports and the keeping of records and books of account
with respect thereto.
3. The County shall receive all applications for water service installations
and collect all fees therefor.
4. The County shall, on behalf of the City, deal directly with the owners
and occupiers of the premises in the City connected to or to be connected to the
system and shall, in so dealing, perform the following operations:
a. Make all connections to the system and provide service to premises
at their property line.
b. Read all water meters quarterly.
c. Compute and bill quarterly charges for water consumption rendered to
each permises connected to the system prior to the date of such billing.
Said water charges shall be payable at least one month after date of
billing, said billing to include any interest, penalties arid late charges
as the City shall by ordinance or resolution provide. The charges for
water service shall be an amount not less than the rate set by Ordlnance
No. 76 as amended from time to time, plus such additional amount, if
any, as the City shall from time to time provide by ordinance or by
resolution adopted by its City Council.
d. Receive and receipt for all charges for water services.
5. The County shall keep all necessary and usual records and books of ac-
count pertaining to its dealings with the owners and occupiers of the premises in the
City connected to the systems and make the same available to the City at all usual
and regular business hours. The County shall prepare and present to the City ann;:ally,
and at such other times as the County shall . deem advisable, a written report of the
operations of the system in such detail as shall 'satisfy the requirements of the charter
of said City pertaining to reports from operating departments of the City.
6. Whenever the owner or occupier of any premises connected to the
system is ninety (90) days, or more, delinquent in the payment of any fees and/or
charges billed by the County, the same shall be reported to the City and the City
shall take the steps provided by ordinance to enforce the collection of such fees
and/or charges.
7. The Board of Public Works shall be paid for its services hereunder an
amount sufficient to cover its costs and overhead and reasonable reserves required
for operation and maintenance of all well water systems owned by the City and
under this Agreement, which as of the date of this Agreement, is included in the
charge of $1.50 per thousand cubic feet of water used. The amount of the fee for
rendering such services shall be set from time to time by the County upon sixty
days written notice to the City and shall be a part of the total charge for water —
services to individual premises. The City shall include the amount so set in
addition to any amount provided by ordinance or by resolution as described in
paragraph 4.c. above.
8. This agreement shall become effective upon being approved by the
governing body of the City, and by the Board of Public Works and properly executed
by the officers of the City and of the Board of-Public Works. This operating agree-
ment shall continue in effect until the first day of the calendar quarter following by
more than sixty (60) days the mailing by either party to the other of a notice of
....- termination: providing further that if either party hereto shall mail to the other a
one (1) year notice of termination, this operating agreement shall become null and
void.
IN WITNESS WHEREOF, the parties hereto have caused this Operating
Agreement to be executed and delivered by their respective duly authorized officers,
all as of the day and year first above written.
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4
COUNTY OF OAKLIND
By its Board of Public Works
Secretary
CITY OF WIXOM
FISCAL NOTE (Misc. Resolution #94127 -)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - TERMINATION OF OPERATIONS AND MAINTENANCE AGREEMENT
WITH THE CITY OF WIXOM FOR THE WIXOM WATER SUPPLY SYSTEM
To the Oakland County Board Of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #94127 and finds:
1. Under the current operating and maintenance contract the County
bills the City of Wixom customers to offset costs associated with
the Wixom Water Supply System.
2. The current contract allows for termination with 60 days notice.
The resolution provides notice of such termination
3. Upon termination of the operating agreement, the City of Wixom will
be responsible for costs incurred and for billing customers.
4. The County of Oakland will have 90 days after termination to close
books.
5. As of December 31, 1993, a fund balance of $21,578.04 is designat-
ed for the City of Wixom for major repairs to the water supply
system.
6. As of December 31, 1993, the Water and Sewage Trust Fund has on
record an accumulated loss of $42,840.72 from the operation of the
Wixom Water Supply System. This will be offset by an earned
surplus from the Wixom Sewage Disposal System.
7. The 1994/1995 Budget be amended as follows:
Revenue: 1994 1995
3-83200-612-40-xx-2806 Wixom-Water Sales($387,836) ($399,472)
Expenses:
4-83200-612-xx-xx-xxxx Operating Expenses ($387,836) ($399,472)
$ -0- $ -0-
FINANCE COMMI EE
Resolution #94I27 April 28, 1994
Moved by Palmer supported by Dingeldey the resolution be adopted.
Moved by McCulloch supported by Dingeldey the resolution be amended in
the Fiscal Note, item 6, by showing the accumulated loss as $42,840.72, not
$21,651.71.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt. (24)
NAYS: None. (0)
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 April 26, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and afL4xed the seal of the
County of Oakland at Pontiac, Michigan this 28th day ofe-i1.44..- ,.--?1 /1/2
AL).
Lynn/D. Allen, County Clerk