HomeMy WebLinkAboutResolutions - 1985.05.09 - 11009February 14, 1985
Miscellaneous Resolution # 85046
BY: Thomas A. Law, Commissioner - District #26
DRAIN COMMISSIONER
RE: THE ESTABLISHMENT OF A LAKE LEVEL FOR SYLVAN LAKE
AND OTTER 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, Sylvan Lake and Otter Lake, approximately 539 acres in
size, located within the Township of Waterford, City of Sylvan Lake, City
of Keego Harbor, and City of Pontiac are public inland lakes; and
WHEREAS, the establishment of a lake level for Sylvan Lake and Otter
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 Sylvan Lake and Otter Lake; and
WHEREAS, petitions have been received from freeholders owning lands
abutting on Sylvan Lake and Otter Lake in number equal to two-thirds (2/3)
of the freeholders owning lands abutting Sylvan Lake and Otter Lake; and
, WHEREAS, the petitioners maintain that the seasonal variation of inflow
and evaporation or other losses, combined with a lack of suitable control
over outflow west of Telegraph Road, causes low water levels on Sylvan Lake
and Otter Lake to a degree and extent which is harmful to the interests of
the petitioners.
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 Sylvan and Otter
Lakes, deems it expedient to determine, establish and maintain the normal
lake level of Sylvan and Otter Lakes within the Township of Waterford and
the Cities of Keego Harbor, Sylvan Lake and Pontiac, Oakland County Michigan,
pursuant to the provisions of Act 146 of the Public Acts of 1961, as amended; and
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 Sylvan and Otter Lakes; and
iAi
Thomas A.
District #26
, County Commissioner
BE IT FURTHER RESOLVED that the properties in the area of improve-
ment will benefit and shall bear the entire cost of the project; 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 foregoiryg resolution.
REPORT
By: PLANNING AND BUILDING COMMITTEE--Anne M. Hobart, Chairperson
In Re: Miscellaneous Resolution #85046, Drain Commissioner—The Establish-
ment of a Lake Level for Sylvan Lake and Otter Lake
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies, and Gentlemen:
The Planning and Building Committee, having reviewed Miscellaneous
Resolution #85046, Drain Commissioner--The Establishment of a Lake Level
for Sylvan Lake and Otter Lake, reports with the recommendation that said
resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the acceptance of the foregoing report.
))I
Planning and Building Committee
day of 1985 May
ALLEN
9_th this
#85046 May 9, 1985
Moved by Hobart supported by Pernick the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Hobart supported by Perinoff the resolution be adopted.
AYES: Skarritt, Webb, Wilcox, Caddell, Doyon, Fortino, Gosling,
Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson,
Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold. (22)
NAYS None. (0)
A sufficient majority having voted therefor, the resolution 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
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at
their meeting held on May 9, 1985.
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
County Clerk/Register of Deeds