HomeMy WebLinkAboutResolutions - 1999.02.25 - 25709Miscellaneous Resolution # 9 9 3 4 February 25, 1999
BY: PLANNING & BUILDING COMMITTEE
CHARLES E. PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER
RESOLUTION TO AUTHORIZE AMENDMENT NO. 5 TO CITY OF
DETROIT, BOARD OF WATER COMMISSIONERS - COUNTY OF
OAKLAND WASTEWATER DISPOSAL AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland (the "County") and the City of Detroit (the "City")
entered into the City of Detroit, Board of Water Commissioners - County of Oaldand Wastewater
Disposal Agreement, dated February 5, 1968, as amended by Amendatory Agreement No. 1,
dated January 29, 1973, Amendment No. 2, dated June 13, 1983, Amendment No. 3, dated June
13, 1983, and Amendment No. 4, dated May 13, 1992 (such agreement as amended is hereinafter
referred to as the "Agreement"), for the purpose of providing terms and conditions for the
treatment of wastewater from the service area of the Clinton-Oakland Sewage Disposal System (the
"District"); and
WHEREAS, the Charter Township of West Bloomfield (the "Township") has requested
that the portion of the Township known as Peninsular Park Subdivision, as more particularly
identified on Exhibit A to the hereinafter described amendment, be deleted from the District so
that such property can become part of the service area of the Commerce Township Sewage
Disposal System; and
WHEREAS, there has been submitted to this Board of Commissioners a proposed
amendment to the Agreement that provides for the deletion of such property from the service area
of the District; and
WHEREAS, this Board of Commissioners desires to proceed with the approval and
execution of the amendment.
THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oakland County,
Michigan, as follows:
1. APPROVAL OF AMENDMENT. The Amendment No. 5 to City of Detroit Board
of Water Commissioners - County of Oakland Wastewater Disposal Agreement, by and between
the City, by its Board of Water Commissioners, party of the first part, and the County, by its
Drain Commissioner; part of the second part (the "Amendment"), which Amendment 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. The Amendment reads as
follows:
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Palmer, Colasanti and Sever absent.
AMENDMENT NO. 5 TO
CITY OF DETROIT, BOARD OF WATER COMMISSIONERS
COUNTY OF OAKLAND WASTEWATER DISPOSAL AGREEMENT
THIS AMENDMENT NO. 5 (this "Amendment") is made and entered into this day
of , 1999, by and between the CITY OF DETROIT, a municipal
corporation organized under the laws of the State of Michigan (the "City"), by its Board of Water
Commissioners, party of the first part, and the COUNTY OF OAKLAND, a public body
corporate under the laws of the State of Michigan (the "County"), by its Drain Commissioner,
party of the second part.
WHEREAS, the City and the County entered into the City of Detroit, Board of Water
Commissioners - County of Oakland Wastewater Disposal Agreement, dated February 5, 1968,
as amended by Amendatory Agreement No. 1, dated January 29, 1973, Amendment No. 2, dated
June 13, 1983, Amendment No. 3, dated June 13, 1983, and Amendment No. 4, dated May 13,
1992 (such agreement as amended is hereinafter referred to as the "Agreement"), for the purpose
of providing terms and conditions for the treatment of wastewater from the service area of the
Clinton-Oakland Sewage Disposal System (the "District"); and
WHEREAS, the parties now desire to modify the District as hereinafter set forth:
NOW, THEREFORE, in consideration of the promises and covenants of each other, and
in furtherance of the Agreement, the parties hereto agree as follows:
1. The District for the purposes of the Agreement shall be modified by
deleting that portion of the Charter Township of West Bloomfield identified
in Exhibit A attached hereto and made a part hereof.
2. This Amendment supplements the Agreement, and the Agreement shall
remain in full force and effect except as herein amended.
3. This Amendment shall inure to the benefit of and be binding upon the
respective parties hereto, their successors and assigns, and shall take affect
upon execution by the parties hereto.
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 above written.
COUNTY OF OAKLAND
WITNESS:
By:
GEORGE W. KUHN
Its: Drain Commissioner
CITY OF DETROIT
By: Its Board of Water Commissioners
WITNESS:
By:
STEPHEN F. GORDEN
Its: Director
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Jeddy Hood Charter Township of Raymond R. Holland
Supervisor 0/Westloonifield Trustee
Deborah L. Macon Sharon A. Law Trustee
Township Clerk Marc Shulman
Denise D. Hammond Trustee
li.easurer Stuart Brickner
Trustee
June 9, 1998
Oakland County Drain Commissioner's Office
No. 1 Public Works Drive
Waterford, MI 48328
Attn: Mr. Jim Porter
Re: Peninsular Park SAD
Commerce and West Bloomfield Sanitary and Water
Dear Mr. Porter:
As you may be aware, West Bloomfield Township and Commerce Township are attempting to install
public sanitary sewers and water mains in a small subdivision known as Peninsular Park, located in
Section 6 of West Bloomfield. The subdivision consists of an isolated peninsula located along the
West side of Union Lake. This peninsula is bordered by Commerce Township. In order to provide
sanitary sewer service or water main service to this property, it must be connected to the Commerce
Township system, as it is not feasible to service it from West Bloomfield.
This subdivision is located within the Clinton-Oakland Drainage District. Please take whatever
action is necessary in order to allow this subdivision sanitary service by the Commerce Township
sanitary system.
As the County DPW services and maintains the sanitary and water systems for Commerce Township,
and this project will be serviced by Commerce, please take any necessary action that is required in
order to modify the Intergovernmental Maintenance agreement between Commerce Township and
West Bloomfield Township for maintenance of the sanitary and water systems. The Township is
requesting that the 1.5% standard tap fee be waived and that the residents serviced by this system pay
the regular tap fee that is charged to Commerce Township residents.
West Bloomfield Township
David J. Henri, P.E.
Township Engineer
c: Jeddy Hood
Gerry Fisher
Tom Zoner, Commerce Twp. Supervisor
file
4550 Walnut Lake Road • West Bloomfield, MI 48325-0130 (248) 682-1200 Fax (248) 682-0856 TDD (248) 683-0873
THOMAS K ZONER
SUPERVISOR
SANDRA S ABRAMS
CLERK
SUSAN L GROSS
TREASUCitially 17, 1998
THE CHARTER TOWNSHIP OF COMMERCE
2840 FISHER AVENUE
COMMERCE TOWNSHIP, MICHIGAN 48390
624-0110 or 360-1050
TRUSTEES
ROBERT J LONG
CHERYL MAGALSKI
DANIEL P MUNRO
RICK SOVEL
Oakland County Drain Commissioner
One Public Works Drive
Waterford, MI 48328
Attention: Jim Porter, P.E.
Deputy and Manager
Operations and Maintenance
RE: PENINSULAR PARK SUBDIVISION
WATER MAIN AND SANITARY SEWER S.A.D.
COMMERCE TOWNSHIP, SECTION 1
Dear Mr. Porter,
Commerce Township will own the sewers and take full responsibility for the sewers in the
above referenced project, including the area in West Bloomfield Township. The Township
attorney's are drafting agreements between Commerce Township and West Bloomfield
Township. We will send you a copy of the agreement once they have been finalized.
If you have any questions, please give me a call.
Respectfully,
CHARTER TOWNSHIP OF COMMERCE
If
Thomas K. Zo4r
Township Supervisor
cc: Steve Gorden, Detroit Water and Sewer Department
Lynn Jensen, Michigan Department of Environmental Quality
Loren Crandell, Giffels-Webster Engineers, Inc.
14915/letters/peninsular park.wp
Assessing 960-7030 Clerk 960-7020 Supervisor ... 960-7070
Building 960-7060 Planning 960-7050 Treasurer 960-7040
CITY OF DETROIT
WATER AND SEWERAGE DEPARTMENT
GENERAL ADMINISTRATION
L. 7
I :r.17.71TED
i December 29, 1998
*.q) COUNTY
COMMISSIONER
Sincerely yours,
ST/lj
735 RANDOLPH S rREET
DETROIT, MICHIGAN 48226-2830
PHONE 313•224•4800/224-480 I
FAX 313•224•6067
www.CI.DETROIT.MI.US
Oakland County Drain Commissioner
One Public Works Drive
Waterford, Michigan 48328-1907
Attention: Mr. James E. Porter
Deputy and Manager of Operation and Maintenance
Regarding: Proposed Amendment No. 5 to City of Detroit Board of Water
Commissioner/County of Oakland Wastewater Disposal Agreement
Dated February 5, 1998 as Amended
Attached are four copies of the proposed Amendment No. 5 for the signature of Oakland
County Drain Commissioner. Please return four executed copies of the Amendment to
me for the signature of the Director of Detroit Water and Sewerage Department. This
Amendment has been authorized by the Board of Water Commissioners Cit of Detroit
in the meeting of November 18, 1998. One mat executed copy will be returned to you --
Mr your records. Agra'iraThecrs letter from Stephen F. Gorden dated September 25,
1998 in response to the letter from George W. Kuhn dated July 7, 1998.
If you have any questions please call me at (313) 224-4732.
Santosh Tiwari
Engineer of Water System
DENNIS W. ARCHER, MAYOR
Resolution #99034 February 25, 1999
Moved by Amos supported by Sever the resolution be adopted.
AYES: Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Galloway,
Garfield, Gregory, Jensen, McPherson, Millard, Moffitt, Obrecht, Patterson,
Sever, Suarez, Taub, Amos, Appel. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 February 25, 1999 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 25,4n day/Of February, 1999.
G. William Caddell, County Clerk