HomeMy WebLinkAboutResolutions - 1996.09.12 - 24918Miscellaneous Resolution #96206 September 12, 1996
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER -- CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM MANAGEMENT
AGREEMENT
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, on June 22, 1964, the County of Oakland (the "County"), by action of
its then Board of Supervisors, established, pursuant to Act 185 of Michigan Public
Acts of 1957, as amended, the Clinton-Oakland Sewage Disposal System (the "System")
to serve the Clinton-Oakland Sewage Disposal District (the "District"), within which
District lie the Charter Township of Independence, the Charter Township of Orion,
the Charter Township of Waterford, the Charter Township of West Bloomfield, the City
of Auburn Hills, the City of Lake Angelus and the City of Rochester Hills
(collectively, the "Municipalities" and, individually, a "Municipality"); and
WHEREAS, pursuant to the Amended Clinton-Oakland Sewage Disposal System
Contract dated January 11, 1967 (the "Base Contract"), the County acquired the
System and financed the acquisition of the System in part from the proceeds of bonds
issued by the County; and
WHEREAS, each Municipality is limited in the use of the System pursuant to the
Base Contract to a specific maximum rate of flow; and
WHEREAS, some of the Municipalities are in need, or will be in need prior to
the termination of the Base Contract on January 11, 2017, of additional flow
capacity in the System; and
WHEREAS, despite the fact that some Municipalities are and will be in need of
additional flow capacity, sufficient pipe capacity exists in the System as a whole
to serve all of the Municipalities for their projected flows through the termination
of the Base Contract, primarily because of attenuation of flow and the effects of
the timing of concentration of peak rates of flow; and
WHEREAS, as a means to maximize the ability of the System to efficiently
transport the flows from the Municipalities without incurring the cost of additional
sewer facilities and without affecting the purchased capacity of any Municipality,
the Municipalities propose to enter into the Clinton-Oakland Sewage Disposal System
Management Agreement dated as of January 1, 1996 (the "Management Agreement") with
the County for the assignment of capacity of the System as set forth in the
Management Agreement submitted to this Board of Commissioners; and
WHEREAS, the governing body of each Municipality has adopted a resolution
approving the Management Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of
Oakland, Michigan, as follows:
1. The Management Agreement in the form submitted hereto is approved.
2. The County Drain Commissioner is hereby authorized and directed to execute
and deliver the Management Agreement for and on behalf of the County in such number
of counterparts as he deems desirable.
3. The copy of the Management Agreement as presented to this Board of
Commissioners and as herein approved and authorized to be executed and delivered
shall be placed on file with the County Clerk and made available for examination by
any interested person during normal business hours.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM
MANAGEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
January, 1996, by and between the County of Oakland (the
"County") and the Charter Township of Independence, the Charter
Township of Orion, the Charter Township of Waterford, the Charter
Township of West Bloomfield, the City of Auburn Hills, the City
of Lake Angelus and the City of Rochester Hills (collectively,
the "Municipalities" and individually, a "Municipality").
WHEREAS, on June 22, 1964, the County, by action of its then
Board of Supervisors, established, pursuant to Act 185 of
Michigan Public Acts of 1957, as amended, the Clinton-Oakland
Sewage Disposal System (the "System") to serve the Clinton-
Oakland Sewage Disposal District (the "District"), within which
District lie all of the Municipalities; and
WHEREAS, pursuant to the Amended Clinton-Oakland Sewage
Disposal System Contract dated January 11, 1967, between the
County and the Charter Township of Waterford, the Township of
Avon, the Township of West Bloomfield, the Township of
Independence, the Township of Orion and the Township of Pontiac
(the "Base Contract"), the County acquired the System and
financed the acquisition of the System in part from the proceeds
of bonds issued by the County; and
WHEREAS, since the date of the Base Contract, the Township of
West Bloomfield, the Township of Independence and the Township of
Orion have become charter townships; the Township of Avon has
become the City of Rochester Hills; the Township of Pontiac has
become the City of Auburn Hills; and the City of Lake Angelus has
become subject to the provisions of the Base Contract pursuant to
its purchase of flow capacity in the System; and
WHEREAS, each Municipality is limited in the use of the
System pursuant to the Base Contract to the specific maximum rate
of flow as measured in Cubic feet per second ("CFS") of purchased
capacity, which purchased capacity is set forth in Exhibit A
hereto; and
WHEREAS, the Michigan Department of Environmental Quality
will not issue permits pursuant to Part 41 of Act No. 451, Public
Acts of Michigan, 1994, as amended, for the construction of new
sanitary sewers in a Municipality, if such Municipality is
exceeding its purchased capacity in the System without acquiring
additional flow capacity; and
WHEREAS, some of the Municipalities are in need, or will be
in need prior to the termination of the Base Contract on
January 11, 2017, of additional flow capacity in the System; and
WHEREAS, despite the fact that some Municipalities are and
will be in need of additional flow capacity, sufficient pipe
capacity exists in the System as a whole to serve all of the
Municipalities for their projected flows through the termination
of the Base Contract, primarily because of attenuation of flow
and the effects of the timing of concentration of peak rates of
flow; and
WHEREAS, the System as a whole can accommodate the needs of
the Municipalities, assuming their continued efforts to control
extraneous flow, through the date of termination of the Base
Contract; therefore, the construction of new sewers to the System
would be fiscally inappropriate; and
WHEREAS, as a means to maximize the ability of the System to
efficiently transport the flows from the Municipalities without
incurring the cost of additional sewer facilities and without
affecting the purchased capacity of any Municipality, the parties
hereto desire to enter into an agreement for the assignment of
capacity of the System as hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the
covenants of each other, the parties hereto agree as follows:
1. The Municipalities are hereby assigned maximum capacity
in the System ("Maximum Assignment Capacity") as set forth in
Exhibit A. A Municipality will be assessed monthly a capacity
assignment charge (the "Monthly Capacity Assignment Charge")
equal to the "CFS Cost" (as hereinafter defined) multiplied by
the difference between the largest monthly peak flow (the
"Monthly Peak Flow") and the Municipality's purchased capacity as
set forth in Exhibit A, using the nearest higher 0.10 CFS. The
Monthly Peak Flow (in CFS) will be determined by the County and
will represent the maximum flow rate that is demonstrated for 15
continuous minutes within such month. The "CFS Cost" shall equal
$5,658 for the period commencing on January 1, 1996, and shall be
adjusted effective on each January 1 thereafter based upon the
Engineering News Record construction cost index for the year
prior to such January 1 effective date.
2. The Monthly Capacity Assignment Charges established
pursuant to section 1 hereof shall be billed to the
Municipalities-by the County on a quarterly basis and shall be
due and payable, together with any interest and penalties on such
charges, as may be established by the County.
3. The County shall allocate interceptor infiltration/
inflow to all Municipalities based on purchased capacity in order
to determine a Municipality's peak flow. Peaks caused by the
County's operation of the Elizabeth Lake Pumping Station will not
be considered as part of any Municipality's peak flow.
4. The amounts collected by the County pursuant to this
Agreement shall be distributed by the County to all Municipali-
ties in proportion to their purchased capacity as set forth in
Exhibit A and without regard to any amounts paid by any
Municipality to the County pursuant to this Agreement.
5. The County shall notify in writing any Municipality
whose Monthly Peak Flow equals or exceeds 90% of its Maximum
Assignment Capacity as set forth in Exhibit A. Such
Municipality, within 90 days after the receipt of such notice,
shall submit a written response to the County that identifies the
Municipality's plan not to exceed its Maximum Assignment
Capacity.
6. If (i) a Municipality's Monthly Peak Flow exceeds its
Maximum Assignment Capacity as set forth in Exhibit A hereto for
3 consecutive months or (ii) a Municipality receives written
notice from the County that, in the County's determination, other
trends indicate a sewage peak flow problem in such Municipality,
such Municipality shall proceed to take action to either reduce
its Monthly Peak Flow to or below its Maximum Assignment Capacity
or acquire additional capacity to satisfy its peak flows, and the
County shall not permit any new public sewers for such
Municipality to be connected to the sanitary sewers of the System
or to any sewer connected directly or indirectly to the sanitary
sewers of the System until (a) the Municipality's Monthly Peak
Flow is less than or equal to its Maximum Assignment Capacity for
12 consecutive months, (b) the Municipality's Monthly Peak Flow
is less than its acquired capacity or (c) the County determines
in writing that there is other reason justifying permission for
such connection. The provisions of this section are specifically
intended to amend section 16 of the Base Contract with respect to
the County's permission .for the connection of new public sewers.
7. When a Municipality's Monthly Peak Flow exceeds its
Maximum Assignment Capacity for 3 consecutive months, or a
Municipality receives written notice from the County of a sewage
peak flow problem (both as described in section 6 hereof), and if
the County makes a written determination that there is a
likelihood that the sewage peak flows from the Municipality will
continue to exceed its Maximum Assignment Capacity unless
additional corrective measures beyond the actions described in
section 6 hereof are taken (the "County Determination"), such
Municipality shall take the necessary actions to stop issuing
permits for additional connections to the sanitary sewers of the
System within its boundaries, except for such permits that may be
issued within 90 days after such Municipality's receipt of the
County Determination. Such Municipality shall not issue any
permits for additional connections to the sanitary sewers of the
System within its boundaries more than 90 days after the date of
receipt of the County Determination unless and until (a) the
Municipality's Monthly Peak Flow is less than or equal to its
Maximum Assignment Capacity for 12 consecutive months, (b) the
Municipality's Monthly Peak Flow is less than its acquired
capacity or (c) the County determines in writing that there is
other reason justifying the resumption of the issuance of such
permits.
8. Each Municipality of which a part of its sewer system
has infiltration and inflow in excess of 275 GPCPD as identified
in Exhibit B hereto agrees to (i) submit to the County a Sewer
System Evaluation Survey ("SSES") by January 1, 1997, and (ii)
perform a cost effective SSES rehabilitation by January 1, 1999,
for those sanitary sewers within its boundaries that are
identified in Exhibit B as having infiltration and inflow in
excess of 275 GPCPD.
9. The County agrees to prepare an SSES by January 1, 1997,
and perform a cost effective SSES rehabilitation by January 1,
1999, for the Clinton-Oakland Interceptor.
10. This Agreement shall terminate on January 17, 2017,
unless terminated earlier pursuant to this section. If the
County shall determine, by resolution of its Board of
Commissioners, that the System as a whole is in need of
additional pipe capacity prior to January 17, 2017, then this
Agreement shall terminate on the next January 1 following the
giving of not less than 6 months' prior notice to the
Municipalities of the adoption of such resolution by the Board of
Commissioners and of the County's intention to terminate this
Agreement pursuant to this section.
11. This Agreement may be executed in several counterparts.
The provisions of this Agreement shall be in full force and
effect and binding upon the successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and delivered by their respective duly
authorized officers, all as of the day and year first above
written.
COUNTY OF OAKLAND
By:
Date:
CHARTER TOWNSHIP OF INDEPENDENCE
By:
Supervisor
And:
Clerk
CHARTER TOWNSHIP OF ORION
By:
Supervisor
And:
Clerk
CHARTER TOWNSHIP OF WATERFORD
By:
Supervisor
And:
Clerk
CHARTER TOWNSHIP OF WEST BLOOMFIELD
By:
And:
Clerk
Supervisor Supervisor
CITY OF AUBURN HILLS
By:
Mayor
And:
Clerk
CITY OF LAKE ANGELUS
By:
Mayor
And:
Clerk
CITY OF ROCHESTER HILLS
By:
Mayor
And:
Clerk
8.80
4.00
37.46
10.50
8.50
45.00
5.12
9.20
0.10
19.60
9.00
15.00
0.50
37.50
Maximum Assignment
Capacity (in CPS)
(includes purchased
and assigned capacity)
Purchased Capacity
(in CFS)
A •
•
Name of Municipality
Charter Township of
Independence
Charter Township of
Orion
Charter Township of
Waterford
Charter Township of
West Bloomfield
City of Auburn Hills
City of Lake Angelus
City of Rochester Hills
EXHIBIT A
PMW109192/0061/BDIt2
now
It
NOTE Three meters were not included
on this graph because the unusually
high rates are due to non-9I situations.
Their values are:
Meter 3002 {/R014 7829.8 GPCPD
Meter 2150 0 4705.0 GPCPD
Meter 3021 3958.2 GPCPD
ALL ot the meter sites are included kt
Figure 3-5.
Canoga at the Pr
3904)
17
-41
GEM
• '
-71
3
ram
97
se
r
•
ab
EXHIBIT .B *
Oakland County
GPCPD for June 20-21 1993
1903 (WA1)-MIIIIII=
3033 (APIC)-1=1111•11111
ses (A14C)-11n111
1200 PEN0)-n1
1200 (A140)-n11
1010 (4057)-n
1003 01K1-111111=1111
3013 (WV)-111=111111=
3024 (RHG1-1111=1111111111 ectes
3034 (WAT)-11n11
3023 (RM0)-nIl
1230 (AFIC)-n
1000 04537)11111n
- 2100 (OFIT M
1400 (11M-111111n
1500 (0417)-in
4003 OVIS1)-1n1
2500 (ORT)-1n1111
302e (0M)-11•11n1
3014 (0M)-1n1
1320 (040)-1n1
etes (RH0)-1111111111M
3016 (C411)-11111111111111=
302$
1430 (117)
2000 (0X1)-111111111111111111
3007 (AtIC)-11n1
k 3010 (RHC)-n111111
3o22 (21101-•1111111•111
X 3032 (wirp-ammor
2630 (Oar)-1111n11111
3031 (WA1)-inil
3010 (R010)-anMil
2200 (LOVYMNINIIIIII1
4004 me-0-4111nF4
3011 (1P41) II
woo (Or)-MINIE144
3017 (0X1)-n140
3001 (WAT)1.1.1111111147 Kee (vA1)-NMW44
3009 OM) -11111n137
3030 (WA!) 131
4005 (W51)-411111111111/133
1450 (,47)-M11111r23
ono (Oxv)-1111111111111.
3015 (OR1)-111nII11
3010 (217)111111111111 1 0
9012 (U3V)-1111•11.110
3000 (247)4111,7
e027 (WAT)-11111100
2500 (C504-111111/170
3005 (44HC)- (1449 1200) lese
2100 (ORT)- (GM) 2000 (On- 1300 (wpm- (Use 3001 1
0 200 1,400 400 800 800 1,000
Gallons par Capita per Day
------1ADNR "Non-excessive"
s 275 GPCPD
Figure 3-6
3-25
Resolution #96206 September 12, 1996
Moved by Palmer supported by Kingzett the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
I HEREBY r 41.
• tter son. County EXKLitiVO
THE 709M(.)1 "r7 PESOLUTION
Date
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 September 12, 1996 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 12th day of September 1996.
L4In'D. Allen, County Clerk