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HomeMy WebLinkAboutResolutions - 1983.11.02 - 11693Miscellaneous Resolution # 832814 October 6, 1983 BY: John P. Calandro, Oakland County Commissioner--District #24 G. William Caddell, DC, Oakland County Commissioner--District #25 IN RE: THE ESTABLISHMENT OF A LAKE LEVEL. FOR WALLED LAKE AND SHAWOOD 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 Walled Lake and Shawood Lake are public inland lakes approximately 384 acres in size, located within the City of Novi and the City of Walled Lake in southwestern Oakland County; and WHEREAS there now exists a lake level control structure at the natural outlet of Walled Lake, located in the City of Novi, which is inadequate to properly control the lake levels of Walled Lake and Shawood Lake; and WHEREAS the establishment of a lake level for Walled Lake and Shawood Lake under the provisions of Act 146 of 1961 would provide for the protec- tion of the public health, welfare, and safety of the citizens downstream from these lakes and would conserve the natural resources of the state and would preserve and enhance the property values around Walled Lake and Shawood Lake; and WHEREAS the construction of a new lake level control structure for Walled Lake and Shawood Lake would permit a more effective control of the lake levels and, more particularly, would permit the establishment of a winter lake level at lower elevations, thereby reducing the risks of high water runoff from Walled Lake and Shawood Lake in the spring; and WHEREAS the Cities of Novi and Walled Lake working together have agreed to a cost sharing formula which fairly allocates the project costs to each party and will allow for a funding method which will eliminate the necessity to special assess the affected property owners; and WHEREAS Act 146 makes no provision for municipalities to initiate the establishment of a lake level on behalf of its citizens but does empower the Board of Commissioners of the County of Oakland upon its own motion to cause to be determined the normal height and level of the water of Walled Lake and Shawood Lake; and WHEREAS the Cities of Novi and Walled Lake have mutually requested such an action. NOW THEREFORE BE IT RESOLVED that by their action the Board of Commissioners on behalf of the Cities of Novi and Walled Lake should cause to be determined the normal height and level of the water of Walled Lake and Shawood Lake. BE IT FURTHER RESOLVED that this Board for the protection of the public health, welfare and safety and to preserve the natural resources of the state and protect the values of property around the lakes deems it expedient to determine and establish the normal height and level of Walled Lake and Shawood Lake located in the City of Walled Lake and the City of Novi, Oakland County, Michigan, pursuant to the provisions of Act No. 146 of the Public Acts of 1961, as amended. BE IT FURTHER RESOLVED that the Board of Commissioners directs the Prosecutor's Office to initiate the proper petition in the Oakland County Circuit Court for the appropriate proceedings for such determination. Mr. Chairperson, we move the adoption of the foregoing resolution, MT4 7i8 //Oakland County Commissioner 471,t_k . m Caddell, D.C. ounty Commissioner / ./ D.C. 'kJ ". November 3m, 1983 REPORT By: Planning and Building Committee - Anne P. Hobart, Chairperson In re: Resolution 183284, The Establishment of a Lake Level for Wailed Take and Shamood Lake TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairneson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Resolution 083284, report:5 with the recommendation that this resolution be adopted. MR. CHAIRPERSON, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE •) U4' (JA _// O. ALLEN Coun #83284 November 3, 1983 Moved by Hobart supported by Calandra the resolution be adopted. Moved by Hobart supported by Nelson the report be accepted. - A sufficient majority having voted therefor, the report was accepted. Vote on resolution: AYES: Calandra, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Perinoff, Perniek, Rewold, Wilcox, Aaron, Caddell, (23) 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 #8328k adopted by the Oakland County Board of Commissioners• at their meeting held on November 3, 1983 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 3rd day of / ) November 19 83 . Clerk/Register of Deeds this