HomeMy WebLinkAboutResolutions - 1976.01.08 - 14147REPORT January 8, 1976
MISCELLANEOUS RE$PLUT1ON 7361
BY: PLANNING AND BUILDING COMMITTEE, Patrick K. Daly, Chairman
RE: OAKLAND COUNTY WATER, SEWER AND SEWAGE DISPOSAL SYSTEM - ACT 342
The Planning and Building Committee at their December 4, 1975 meeting
unanimously approved Misc. Res. 7361 "Oakland County Water, Sewer, and Sewage
Disposal System - Act 342."
Commissioner Wilcox proposed the following amendment to the Resolution
which is to be introduced at the Board of Commissioners meeting.
Move to amend the Resolution by inserting in the second paragraph
of the "NOW THEREFORE BE IT RESOLVED" paragraph, after the figure
"342", the following:
"On a temporary basis, pending the outcome of the litigation between
the County of Oakland vs. Daniel T. Murphy, County Executive, in the
Oakland County Circuit Court, being cause No. 75-131432. That the
Oakland County Drain Commissioner is hereby directed to use the
personnel and facilities of the Oakland County Department of Public
Works for any project as may be established from time to time by the
Oakland County Board of Commissioners."
The amendment carried on a voice vote.
Mr. Chairman, the Planning & Building Committee, by Patrick K. Daly,
Chairman, moves the acceptance of the foregoing report.
PLANNING AND BUILDING
Misc.
By
7361
November 20, 1075
IN RE: OAKLAND COUNTY WATER, SEWER AND SEWAGE DISPOSAL SYSTEM -
ACT 342
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, this Board of Commissioners has heretofore estab-
lished a Department of Public Works in accordance with the provisions
of Act No 185, Public Acts of Michigan, 1957, as amended, for the
administration of the powers conferred upon the county by the terms
of said act; and
WHEREAS, the County •of Oakland, in exercise of the powers
conferred by the terms of said Act No. 185, has acquired, constructed
and financed numerous water supply and sewage disposal systems within
the county, has improved, enlarged and extended said systems and in
certain cases is operating and maintaining said systems and such im-
provements, enlargements and extensions thereof; and
WHEREAS, due to pending litigation the County is r* unable
to issue its bonds pursuant to the provisions of Act No. 185 to
finance the acquisition and construction of additional water supply
and sewage disposal systems or to finance the improvement, enlarge-
ment or extension of existing systems; and
WHEREAS, there are now pending several projects which are
vitally necessary for the protection of the public health and it is,
therefore, essential that the acquisition, construction and financ-
ing of such projects proceed as soon as possible; and
WHEREAS, the terms of Act 342, Public Acts of Michigan,
19 39, as amended, permit the acquisition, construction and financ-
ing of systems of water, sewer or sewage disposal improvements and
services and the pending litigation does not affect or impair the
county's ability to issue bonds pursuant to the provisions of said
Act 342 to finance the acquisition and construction of water, sewer
and sewage disposal improvements and facilities; and
WHEREAS, this Board of Commissioners deems it necessary for
the health and welfare of the citizens of Oakland County to avail
itself of the provisions of Act 342, on a temporary basis, pending
the outcome of the litigation which has prohibited the issuance of
bonds pursuant to the provisions of Act 185; and
WHEREAS, each project commenced under Act 342 will require
a resolution in substantially the form attached hereto.
NOW THEREFORE BE IT RESOLVED:
1. This Board of Commissioners does hereby authorize and
direct that there be established under and pursuant to, and for
the purpose of exercising the powers conferred by Act No, 342,
Public Acts of Michigan, 1939, as amended, a countywide system
of water, sewer and sewage disposal improvements and services to
be known as the Oakland County Water, Sewer and Sewage Disposal
System.
2. The Oakland County Drain Commissioner is hereby desig-
nated the county agency for the said Oakland County Water, Sewer
and Sewage Disposal System and shall have all of the powers con-
ferred upon the county agency by the terms of said Act No. 342.
3. The Draim Commissioner as county agency is hereby
authorized and requested to take all steps necessary to acquire,
contruct and finance (under and pursuant to the provisions of Act
No. 342, Public Acts of Michigan 1939, as amended) those projects
which are now pending under Act 185, and to proceed with the acqui-
sition, construction and financing of such additional water, sewer
and sewage disposal projects as may be requested from time to time
by cities, villages and townships within the County of Oakla
iitREBYAPPP7vET;17 c7 F(7,0'110 RESOLUVON
Date
WHEREAS, the Board of Commissioners of Oakland County,
Michigan, pursuant to statutory authority by Resolution adopted
, 19 did designate and appoint the Oakland
County Drain Commissioner as the "County Agency" in connection with
the establishment, maintenance and operation of systems of sewer
and water distribution, improvements, facilities and services, and
for the acquisitions or purchase of treatment and water for such
systems and as the person who shall have supervision and operation
of same which may be established under the authority of Act 342,
Michigan Public Acts of 1939, as amended; and
WHEREAS, this Board of Commissioners of Oakland County,
Michigan considers it advisable and necessary for the health and
welfare of the inhabitants of its municipalities that there be
provided for them sewers, sewerage, sewage disposal and water
supply systems with necessary facilities to supply sewage disposal
and water services to certain of the established Districts and other
municipalities in the County of Oakland.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners
of the County of Oakland, Michigan by a majority vote of its members
elect, does hereby authorize and direct that there be established,
maintained and operated under the provisions of Act 342 of the
Public Acts of 1939, as amended, and any other applicable acts, a
system to be known as the "
sary to
System" consisting of
and all other facilities neces-
to the
herein designated the "
District".
BE IT FURTHER RESOLVED, that the County Drain Commissioner
shall negotiate a contract with the for
for the system as established and develop
and negotiate a contract, with. the participants in the system,
providing for its financing, construction and operation. -
BE IT FURTHER RESOLVED, that the County Drain Commissioner
shall have such powers and duties in respect to the aforementioned
system as are conferred upon him by law and established by the
-provisions of Act 342 of the Michigan Public Acts of 1939, as ••
amended, provided that he shall have no authority to create any
liability of any kind upon the County of Oakland, unless authorized
by this Board of Commissioners.
#7361 January 8, 1976
Moved by Daly supported by Pernick the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Daly supported by Pernick that resolution #7361, as amended by the
Planning and Building Committee, be adopted.
AYES: Nowak, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson,
Aaron, Button, Daly, Dearborn, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper,
Lennon, Moffitt, Montante. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, resolution #7361, as amended by the
Planning and Building Committee, was adopted.
STATE OF MICHIGAN)
%
COUNTY OF OAKLAND)
I, Lynn P. Allen, Clerk of the County .of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution #7361 -adopted by the Oakland County Board of Commissioners at
On a0•00 000.00000eeere.0000.0.000000.••000 .0000.•0.06- • • • • •0000 CP 0 • C. 00,001e, e
their meeting held on January 8, 1976.
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
this l9Z.
By..
Lynn D. Allen,. .....„...Clerk
„Demutv Clerk