HomeMy WebLinkAboutResolutions - 1986.04.17 - 10683Miscellaneous Resolution # 86049 (Substitute Resolution)
By: Roy Rewold, Oakland County Commissioner—District #16
In Re: DRAIN COMMISSIONER—THE ESTABLISHMENT OF A LAKE LEVEL
FOR INDIANWOOD LAKE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS Act 146 of the Public Acts of 1961, the Inland Lake Level
Act, establishes a procedure for the establishment of a legal lake level
for inland lakes in the State of Michigan; and
WHEREAS Indianwood Lake, approximately 80 acres in size, located
within the Townships of Orion and Oxford, is an inland lake; and
WHEREAS the establishment of a lake level for Indianwood Lake under
the Provisions of Act 146 of 1961 would provide for the protection of the
public health, welfare, and safety, and would conserve the national resources
of the state, and would preserve and enhance property values around Indianwood
Lake; and
WHEREAS petitions have been received from freeholders owning lands
abutting on Indianwood Lake in number equal to two-thirds (2/3) of the
freeholders owning lands abutting Indianwood Lake; and
WHEREAS the residents on Indianwood Lake who are subject to a special
assessment to recover the cost of construction of a new dam to replace
the existing structure on Indianwood Lake have requested the County to
advance the cost of construction of the new Indianwood Lake Dam in the
approximate amount of $100,000, with the full amount of the advance to
be repaid from a special assessment roll to be collected over a period of
7 years in equal installments, said advance to be made without interest;
and
WHEREAS the advance of the construction cost of the new Indianwood
Lake Dam, and the repayment of that advance without interest over a period
of 7 years, would substantially reduce the total cost for this project which
will be assessed against the property owners on Indianwood Lake; and
WHEREAS the Board of Commissioners has previously made an advance
for the replacement of an existing lake level structure on Pontiac Lake
to be repaid in a similar fashion without interest over a period of 7 years
from special assessments against the property owners on that lake; and
WHEREAS the County Board of Commissioners may advance such funds
on a loan basis upon the confirmation of a special assessment roll to be
spread against the benefited property owners within the lake level control
district.
NOW THEREFORE BE IT RESOLVED that this Board of Commissioners,
for the protection of public safety and to preserve the natural resources
of the state and to protect the value of properties around Indianwood Lake,
deems it expedient to determine, establish, and maintain the normal lake
level of Indianwood Lake within the Townships of Orion and Oxford, Oakland
County, Michigan, pursuant to the provisions of Act 146 of the Public Acts
of 1961, as amended.
BE IT FURTHER RESOLVED that the Office of the Prosecuting Attorney
institute in the Circuit Court for the County of Oakland, by proper Complaint,
a proceeding to establish a level for 1ndianwood Lake.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
does hereby authorize the advance of the sum of $100,000 to the lake level
control district for Indianwood Lake, said advance to be repaid without
interest out of the proceeds of a special assessment roll over a period of
7 years.
BE IT FURTHER RESOLVED that no advance shall be made to the
lake level control district for Indianwood Lake until a special assessment
roll has been confirmed pursuant to the provisions of Act 146 of the Public
Acts of 1961.
BE IT FURTHER RESOLVED that the properties in the area of improvement
will benefit and shall, bear the entire cost of the project except for the
interest cost of the advance of the sum of S100,000 to the lake level control
district for Indianwood Lake, that the Drain Commissioner prepare a Special
Assessment District for the area of improvement as prescribed in Act 146,
and that the cost of maintaining the level of said lake shall be borne by
the benefited properties in the area of improvement.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Roy -Rewold
Oakland County Commissioner
Substitute Resolution
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER. - THE ESTABLISHMENT OF A LAKE LEVEL
FOR INDIANWOOD LAKE - MISCELLANEOUS RESOLUTION #86049
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen.:
Pursuant to Rule XI-G of this Board, the Finance Committee. has review-
ed Miscellaneous Resolution #86049 and finds:
1) The Board of Commissioners deems it expedient to determine,
establish and maintain the normal lake level of Indianwood Lake,
2) The residents of Indianwood Lake have requested an advance of
$100,000 from Oakland County for the construction of the new
Indianwood Lake Dam,
3) The advance will be repaid from a special assessment roll over a
period of seven (7). years in equal installments with no interest
charge,
4) The advance will not be made until a. special assessment roll has
been confirmed pursuant to the provisions of Act 146 of the P.A.
of 1961,
5) The Finance Committee finds $100,000 in the General Fund available
for transfer to the Lake Level Advance - Indianwood Lake account
and transfers said amount as follows:
1-10100-001-001 General Fund
1-10100-210-635 Due to Drain Revolving Fund-
Indianwood Lake
$(100,000)
100,000
$ -0-
FINANCE COMMITTEE
#96049 (Substitute Resolution) April 17, 1996
17th day of April 86 19
ALLEN
County Clerk/Register of Deeds
Moved by Caddell supported by Rewold the Substitute Resolution (with Planning
and Building Committee Report and Fiscal Note attached) be adopted.
Moved by Doyon Supported by Pernick the Fiscal Note and Planning and Building
Report be amended by adding that a yearly interest rate.ofi6 will be charged for the
$100,000 loan.
Discussion followed.
Vote on amendment:
AYES: McPherson, Moffitt, Perinoff, Pernick, Calandra, Doyon, Gosling, Hassberger,
Lanni. (9)
NAYS: McConnell, McDonald, Nelson, Olsen', Page, Price; Rewold, Skarritt, Webb,
Wilcox, Caddell, Fortino, Hobart, Holland, R. Kuhn, Law. (16)
A -Suffitient majority not having voted therefor, the .7 amendment failed.
Vote on resolution:
AYES: McConnell, McDonald, Moffitt, Nelson, Olsen, Page, Perinoff, Price, Rewold,
Skarritt, Wi_lcox, Caddell, Fortino, Hobart, Holland, Richard Kuhn, Law, (17)
NAYS: McPherson, Pernick, Webb, Calandra, Doyon, Gosling, Hassberger, Lanni. (8)
A sufficient majority having voted therefor, the resolution (with Planning and
Building Committee Report and Fiscal Note attached) was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of the attached
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on April 17, 1986.
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
in Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this