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HomeMy WebLinkAboutResolutions - 1978.09.21 - 12998September 21, 1978 RESOLUTION NO. 86 1+1 RE: ANNEXATION OF CITY OF TROY PROPERTY TO CITY OF BIRMINGHAM BY: HENRY WILLIAM HOOT, COUNTY COMMISSIONER, DISTRICT #14 TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, pursuant to the provisions of Act 279 of the Public Acts of 1909, as amended, Petitions have been filed with the County Clerk by affected electors from the City of Troy and the City of Birmingham, respectively, requesting the attachment of certain property from the City of Troy and the annexation of that property to the City of Birmingham; and WHEREAS, the County Clerk, by Order of the Circuit Court, has been directed toEubmit such petitions to the Oakland County Board of Commissioners; and WHEREAS, this Board has received the petitions, and pur- suant to the provisions of Act 279 of the Public Acts of 1909, as amended, (Home Rule Cities Act) determines -that an election Shall be held on the question of detaching certain property from the City of Troy and annexing said property to the City of Birmingham. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners orders an election to be held on the 7th day of November, 1978 to be submitted to the affected electors of the City of Troy and Birmingham, respectively, on the question of detaching certain property from the City of Troy and annexing said property to the City of Birmingham. MR. CHAIRMAN, I move the adoption of the foregoing resolution. '• • • ;4 Henry Wil,VO'rri Hoot, County Commissioner — ("District #14 L: nFFECES HOViLETT, GOOGASIANj! & McCARN EST ECM:. LARED.STE 111 4FIrt..93 HILL5, 4013 (:i13) 645-9,400 S T"ATF 0 IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND 41, CITY OF BIRMINGHAM, a Municipal . Corporation, and CITY OF TROY, a Municipal Coiporation, Plaintiffs, No, 78 176821 AN -vs- LYNN D. ALLEN, OAKLAND COUNTY CLERK, Defendant. CITY OF BIRMINGHAM, Cross Plaintiff, -VS -. :ITY OF TROY, Cross-Defendant. FARRELL E. ROBERTS (P19498) Circuit Judge STEPHEN J. HOPKINS (P25274) Attorney for Plaintiff and Cross- Plaintiff, City of Birmingham WILLIAM S. WOLANIN (P22496) Attorney for Plaintiff and Cross- Defendant, City of Troy: ORDER OF MANDAMUS AND DECLARATORY JUDGMENT At a session of said Court held in the Courthouse in the City of Pontiac, Oakland County, Michigan, this 9 1378 day of , 1 978. PRESENT: HONORABLE FARRELL E. ROBERTS, Circuit Judge. ORDER OF MANDAMUS This matter having come before the Court by agreement of all parties, and the Plaintiffs City of Troy and City of Birmingham and the Defendant Lynn D. Allen, Oakland County Clerk, consenting that an Order of i.hdamus enter as prayed for in the Complaint filed herein, and the Court being fully advised in the premises, n.n IT IS HEREBY ORDERED AND ADJUDGED that the Defendant Lynn D. Allen, Oakland County Clerk, be and hereby is dii7‘:+ed pursuant to Act 279 of Public Acts of 1909, as amended, to submit the ,:-titions presented to him by qualified electors of the Cities of Birmingn nd SEP LAW OFFS - torney for Plaintiff and Cross- & IticCANN . Defendant, City of Troy s %EST LAXE SL!TE LC3WTIE(D HILLS, ICCH. 4P.013 (313) 8:35-9400 BEIER, HOWL=TT, _ ICCONNEU_GOOGS----larn S. Wolanin (P22496) -2- Troy on September 5, 1978 to the Oakland County Board of Commissioners for the purpose of having the Board of Commissioners establish an election date pursuant to said statute. DECLARATORY JUDGMENT The parties to the Cross-Claim filed herein consenting that a Declaratory judgment enter as prayed for in the Cross Complaint filed by the Cross-Plaintiff City of Birmingham against the Cross-Defendant City of Troy, and the Court being fully advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED that the method of Counting ballots cast in the referendum resulting from the above Order of Mandamus as follows: a. Votes cast by residents of the Cross-Plaintiff, City of : Birmingham, and Cross-Defendant, City of Troy, should be tallied separately, each respective city counting only votes cast by its residents. b. No separate tally shall be taken of residents of the actual area involved in the boundary adjustment, c. A favorable majority of votes in each of the respective cities would result in annexation of the area involved to the City of Birmingham_ An unfavorable majority of . votes in either of the respective cities would result in failure of the annexation proposal. FARRELL ZOP2c-RTS Stephen J. Hopkihs (P25274) Attorney for Plaintiff and Cross- Plaintiff, City of Birmingham Circuit Judge R-Obert AlieT77(:110127) Oakland County Civil Counsel Attorney for Lynn D. Allen #8641 September 21, 1978 Moved by Hoot supported by Moxley the rules be suspended for immediate consideration of the resolution, AYES: Lanni, McConnell, McDonald, Moffitt, Moxley, Murphy, Page, Patterson, Pernick, Price, Roth, Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried, Moved by Hoot supported by Page the resolution be adopted. AYES: McConnell, McDonald, MOffitt, Moxley, Murphy, Page, Patterson, Pernick, Peterson, Price, Roth, Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni. (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 #8641 adopted by the Oakland County Board of Commissioners at their meeting held on September 21, 1978 with the original 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 21st September ,, 78 — Lynn D. Clerk