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Home My WebLink AboutResolutions - 1994.05.12 - 24211Miscellaneous Resolution # 94144 MAY 12 , 1994 BY; PLANNING & BUILDING COMMITTEE CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE CITY OF ROCHESTER SEWAGE DISPOSAL SYSTEM CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the City of Rochester (the "City") is acquiring and constructing a system of sanitary sewer improvements in the City (the "Rochester System") in order to promote the health and welfare of its residents; and WHEREAS, the City desires to have the sewage generated from the Rochester System transported to and treated by the sewage treatment and disposal facilities in the City of Detroit (the "Detroit System") described in the City of Detroit, Board of Water Commissioners -- County of Oakland Wastewater Disposal Agreement between the City of Detroit and the County of Oakland (the "County") dated as of February 5, 1968, as amended; and WHEREAS, pursuant to Amendment No. 4 to Wastewater Disposal Agreement City of Detroit -- County of Oakland (Clinton- Oakland District) between the City of Detroit and the County dated as of May 13, 1992, the City of Detroit included the City in the Clinton-Oakland Sewage Disposal District; and WHEREAS, the City proposes to transport its sewage from the Rochester System to the Detroit System independent of the facilities of the Clinton-Oakland Sewage Disposal System approved in the Amended Clinton-Oakland Sewage Disposal System Contract dated as of January 11, 1967, between various municipalities served by the Clinton-Oakland System and the County, which sewage will be included in the flow that is measured and recorded by the Clinton-Oakland System - Detroit Master Meter for the purpose of billing the Clinton-Oakland Sewage Disposal District for sewage disposal; and WHEREAS, there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for certain matters relating to the transportation c,f sewage from the Rochester System to the Detroit System and which Contract is hereinafter set forth in full; and WHEREAS, this Board of Commissioners desires to proceed with the approval and execution of the Contract. THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as follows: 1. APPROVAL OF CONTRACT. The City of Rochester Sewage Disposal System Contract dated as of March 1, 1994, between the County, by and through the County Drain Commissioner, party of the first part, and the City, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has been executed by the appropriate officials of the City. The Contract reads as follows: CITY OF ROCHESTER SEWAGE DISPOSAL SYSTEM CONTRACT THIS CONTRACT, made and entered into as of the first day of March, 1994, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (the "County"), by and through its Drain Commissioner, County Agency, and the CITY OF ROCHESTER, a home rule city located in the County (the "City"), WHEREAS, the City is acquiring and constructing a system of sanitary sewer improvements in the City (the "Rochester System") in order to promote the health and welfare of its residents; and WHEREAS, the City desires to have the sewage generated from the Rochester System transported to and treated by the sewage treatment and disposal facilities in the City of Detroit (the "Detroit System") described in the City of Detroit, Board of Water Commissioners -- County of Oakland Wastewater Disposal Agreement between the City of Detroit and the County dated as of February 5, 1968, as amended (the "Detroit Agreement"); and WHEREAS, pursuant to Amendment No. 4 to Wastewater Disposal Agreement City of Detroit -- County of Oakland (Clinton- Oakland District) between the City of Detroit and the County dated as of May 13, 1992, the City of Detroit included the City in the Clinton-Oakland Sewage Disposal District; and WHEREAS, the City proposes to transport its sewage from the Rochester System to the Detroit System independent of the facilities of the Clinton-Oakland Sewage Disposal System (the "Clinton-Oakland System") approved in the Amended Clinton-Oakland Sewage Disposal System Contract dated as of January 11, 1967, between various municipalities served by the Clinton-Oakland System (the "Clinton-Oakland Municipalities") and the County (the "Base Contract"), which sewage will be included in the flow that is measured and recorded by the Clinton-Oakland System - Detroit Master Meter for the purpose of billing the Clinton-Oakland Sewage Disposal District for sewage disposal; and WHEREAS, the Base Contract sets forth certain standards and regulations of the County with respect to the character, transportation and discharge of sewage in the Clinton-Oakland System. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL UNDERTAKINGS OF THE PARTIES HERETO, THE PARTIES HERETO AGREE as follows: 1. The City shall be entitled to transport and dispose of its sewage from the Rochester System to the Detroit System as part of the Detroit Agreement. 2. The City shall be responsible for the acquisition, construction, operation and maintenance of the Rochester System except as set forth in Section 3 hereof. 3. The City shall construct a meter to measure all sewage flow from the Rochester System in accordance with the standards and specifications of the County. The County shall be responsible for the day-to-day maintenance and monitoring of such meter. 4. Although not a party to the Base Contract, the City agrees to comply with the standards and regulations of the County with respect to the character, transportation and discharge of sewage as set forth in the Base Contract and with the terms and conditions of the Detroit Agreement. The City acknowledges that it will be charged by the County for sewage disposal services pursuant to a method consistent with the method utilized for the Clinton-Oakland Municipalities pursuant to the terms of the Base Contract. The rates and charges to the City shall be the same as the rates and charges to the Clinton-Oakland Municipalities. 5. All powers, duties and functions vested by this Contract in the County shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this Contract. 6. This Contract shall become effective upon its execution by each party hereto and shall terminate 40 years from the date hereof or on such earlier date as shall be mutually agreed. This Contract may be executed in several counterparts. The provisions of this Contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. COUNTY OF OAKLAND By: County Drain Commissioner (County Agency) CITY OF ROCHESTER By: Mayor And: Clerk PMw/09007/0272/AK4/2 -4- 2. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing reacaution. /JA/:_A LitiaJ c e •If NING AND EUI -BING COMMITTEE PMW/09007/0272/AK5/2 -3- In Testimony Whereof, I have hereunto set my hand and fixed the seal of the County of Oakland at Pontiac, Michigan this 12th day ofr ay County of Oakland at Pontiac, Michigan this 12th day o D. Allen, County Clerk Resolution #94144 May 12, 1994 Moved by Palmer supported by Douglas the resolution be adopted. AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. PROVE THE FOREGOINC, FFSOLUTION 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 May 12, 1994 with the original record thereof now remaining in my office.