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File #: 2020-465    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/15/2020 In control: Board of Directors
On agenda: 12/17/2020 Final action: 12/17/2020
Title: Approval of a Memorandum of Understanding between Detroit Water and Sewerage Department and GLWA
Sponsors: Suzanne Coffey, Randal Brown
Indexes: General Counsel, Planning Services

Title
Approval of a Memorandum of Understanding between Detroit Water and Sewerage Department and GLWA


Body
Agenda of: December 17, 2020
Item No.: 2020-465
Amount: N/A

TO: The Honorable
Board of Directors
Great Lakes Water Authority

FROM: Sue F. McCormick
Chief Executive Officer
Great Lakes Water Authority

DATE: December 15, 2020

RE: Approval of a Memorandum of Understanding between Detroit Water and Sewerage Department and GLWA

MOTION

Upon recommendation and opinion of Suzanne Coffey, Chief Planning Officer, and Randal M. Brown, General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA): (1) approves the non-binding Memorandum of Understanding between the Detroit Water and Sewerage Department (DWSD) and GLWA; (2) tie bars the approval of this Motion to the approval of the Memorandum of Understanding between the Evergreen Farmington Sanitary District (EFDS) and GLWA; and (3) authorizes the Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote, including the execution of the Memorandum of Understanding.




JUSTIFICATION
On August 29, 1984, the City of Detroit and the County of Oakland, on behalf of the Evergreen Farmington Sewerage Disposal System ("EFSDS"), entered into the Detroit-Oakland Agreement for Use of Sewers for the Evergreen-Farmington District (UoS Agreement), whereby the City agreed to accept sewage from the EFSDS with the maximum rate of discharge to the Regional Sewer System being 170 cubic feet per second (cfs) or such greater amounts which they may agree upon.
Paragraph 28 of the UoS Agreement acknowledges that the UoS Agreement inures to the benefit of and is binding on the City or the County of Oakland's successors and assigns. Through the Regional Sewerage Disposal Lease, the City of Detroit assigned the UoS Agreement and other EFSDS contractual agreements with the City to GLWA. EFSD will be a duly petitioned and org...

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