(A) The Sister Lakes Area Sanitary Sewage Disposal System (together with the M-51 Interceptor referenced below, defined in Section 201 (28) as the “Public Sewer System”) was established in accordance with the Sister Lakes Sanitary Sewage Disposal System Contract, dated September 1, 2000, as amended by the First Amendment to Sister Lakes Sanitary Sewage Disposal System Contract dated as of March 1, 2001, (together, as defined in Section 201(10), the “Contract”), by and between the County of Van Buren (as defined in Section 201 (11), the “County”), the County of Cass, the Township of Silver Creek (as defined in Section 201 (42), the “Township”) and the Sister Lakes Area Utility Authority (as defined in Section 201(1), the “Authority”), to promote the health and welfare of the residents of the Township.
(B) The Authority is required by the terms of the Contract to operate, maintain, and administer the Public Sewer System as the agency for the County and the Townships and to pay all costs related to the Public Sewer System including debt service on the bonds issued by the County from revenues provided by the Townships in accordance with the Contract. The Township is further required by the terms of the Agreement for Sanitary Sewage Disposal Service, dated as of March 1, 2001, as amended (as defined in § 50.007, the “Wastewater Treatment Agreement”) by and between the County, the Township, the Authority, and the City of Dowagiac (as defined in § 50.007, the “City”), and approved by Keeler pursuant to which the City has agreed to accept and treat the Sewage from the Public Sewer System at the City’s wastewater treatment plant (as defined in § 50.007, the “Wastewater Treatment Plant”) and by the terms of the Agreement for Billing/Monitoring/Operation and Maintenance of Sanitary Sewer Collection System dated as of May 14, 2001 (as defined in § 50.007, the “Operation and Maintenance Agreement”) by and between the City, and the Authority and consented to by the County and the Townships, pursuant to which the City has agreed to operate and maintain the Public Sewer System and to bill the Users of the Public Sewer System, to adopt by ordinance such rates, regulations and restrictions applicable to the use of the Public Sewer System that are not less restrictive than those in effect in the City with respect to the Wastewater Treatment Plant and which enable the City to comply with all state and federal laws and regulations applicable to the treatment and discharge of Sewage.
(C) In addition, the City transferred ownership of the M-51 Interceptor to the County in accordance with the Wastewater Treatment Agreement, which ownership shall revert to the Authority upon payment in full of the bonds issued by the County in accordance with the Contract, Accordingly, it is necessary for the Township to establish rates and charges for services to persons using the Public Sewer System in amounts necessary to operate, maintain and administer the Public Sewer System and to pay debt service on the bonds issued by the County in accordance with the Contract, and to adopt an ordinance that requires users of the Public Sewer System to pay rates and charges for sewer, collection and disposal services. It is the purpose of the Township by enacting and keeping in force and effect this chapter to comply with the foregoing requirements of the Contract, the Wastewater Treatment Agreement and the Operation and Maintenance Agreement and to protect and promote the health and welfare of the residents of the Township.
(Ord. 01-03, passed 8-8-2001)