Loading...
HomeMy WebLinkAboutResolutions - 1975.12.18 - 14518'PLI<NNII\G & BUILDING Patrick M. Nowakf Chairman REPORT Miscellaneous Resolution 7361 December 18, 1975 : Planning & Building, Patrick Nowak, Chairman RE: OAKLAND COUNTY WATER, SEWER AND SIT: DISPOSAL SYSTEM - ACT 342 The Planning and Building Committee at their December 4, 1975 meeting unanimously approved Misc. Resolution 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 Depart- . ment 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 M. Nowak, Chairman, moves the acceptance of the foregoing report. Misc. 73 6 1 November 20, 1975 --TC /(7 ) By • / Y• IN RE OAKLAND COUNTY WATER, SEWER AND SEWAGE DISPOSAL SY STEM - 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 IIII=S,duetopendinglitigationtheCountyisr 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 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, 1939, 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. by cities, villages and townships within the County of Oakland. - 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. the County of Oakland, Michigan by a majority vote of itsmembers 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 " :3ar'y to System" consisting of a nd 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•contraet, 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 Moved by Nowak supported by Fortino the report be accepted. A sufficient majority havftg voted therefor, the motion carried. The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next • regular Board meeting.