HomeMy WebLinkAboutResolutions - 1975.11.06 - 14810RESOLUTION NO. 7332 November 6, 1975
BY: PLANNING & BUILDING, Patrick Nowak, Chairman
IN RE: FRED D. HOUGHTEN DRAIN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, prOceedings have been taken by the Statutory
Drainage Board for the construction of the Fred D. Houghten Drain
under the provisions of Chapter 20 of Act NO. 40 of the Public
Acts of 1956, as amended, pursuant to a petition filed with the
Oakland County Drain Commissioner on November 15, 1974; and
WHEREAS, the said Drainage Board by resolution adopted on
October 21, 1975, authorized and provided for the issuance of bonds
in the aggregate principal amount of $210,000 in anticipation of the
collection of an equal amount of special assessments against the
Township of Avon and the County of Oakland, said special assessments
having been duly confirmed by said Drainage Board; and
WHEREAS, said bonds are to be designated Drain Bonds, are
to be dated February 1, 1976, will bear interest at a rate not ex-
ceeding 10% and will not be subject to redemption prior to maturity;
and
WHEREAS, said Drainage Board deems it advisable and neces-
sary to obtain from this Board a resolution consenting to the pledge
of the full faith and credit of the county on the aforesaid bonds;
and
WHEREAS, the said drainage project is immediately necessary
to protect and preserve the public health and therefore it is in the
best interest of the County of Oakland that said bonds be sold.
NOW, THEREFORE, BE IT RESOLVED BY THE OAKLAND COUNTY
BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in Section
474 of Chapter 20 of the Drain Code of 1956, as amended, the Oakland
County Board of Commissioners does hereby irrevocably pledge the full
faith and credit of the County Of Oakland for the prompt payment of
the principal of and interest on the said Drain Bonds, and does agree
that in the event the Township of Avon or the County of Oakland shall
fail or neglect to account to the County Treasurer of the County of
Oakland for the amount of any special assessment installment and
interest for the Fred D. Houghten Drain, when due, then the amount
thereof shall be immediately advanced from County Funds, and the
County Treasurer is directed to immediately make such advancement to
the extent necessary.
2. That in the event that, pursuant to said pledge of full
faith and credit, the County of Oakland advances out of County Funds,
all or any part of said installment and interest, it shall be the
duty of the County Treasurer, for and on behalf of the County of
Oakland, to take all actions and proceedings and pursue all remedies
permitted or authorized by law for the reimbursement of such sums so
paid.
3. That all resolutions and parts of resolutions insofar
as the same may be in conflict with the provisions of this resolution
be and the same hereby are rescinded.
MR. CHAIRMAN, on behalf of the Planning and Building Com-
mittee, T move the adoption of the foregoing resolution.
PLANNING ..A,A,Z=Dr2BUILDING COMMITTEE
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signature this 6th day of November , A.D. 1975.
Lynn D. Allen, County Clerk
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ADOPTED: Yeas - Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick,
Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Daly, Dearborn,
Douglas, Dunleavy, Fortino, Kasper, McDonald, Moffitt, 422)
Nays — None. (0)
Absent — Coy, Gabler, Hoot, Lennon. (4)
Abstained: Houghten. (1)
STATE OF MICHIGAN )
) SS:
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting County
Clerk of the County of Oakland, do hereby certify that the fore-
going is a true and complete copy of a resolution adopted by a
two-thirds vote of the members elect at a regular meeting of the
Oakland County Board of Commissioners, held on the 6th day of
November 1975, the original of which is on file in my
office.
IN WITNESS WHEREOF, I have hereunto affixed my official
FRED B. HOUGHTEN DRAIN_
$149,514.00 CONSTRUCTION
2, ENGINEER'S DESIGN FEE $12,793,00
RESIDENT ENGINEER 2,000.00
SOIL TESTING 1,202.00
3. INSPECTION 5,000.00
STAKING & LAYOUT 800.09
4. PUBLISHING:
OAKLAND PRESS 200.00
MICHIGAN CONTRACTOR & BUILDER 120.00
ROCHESTER CLARION 152.00
MICHIGAN INVESTOR 300,00
5. BOND PRINTING
RIGHTS-OF-WAY
(INCL. COST OF NEGOTIATOR)
7. BOND COUNSEL
3. FINANCIAL CONSULTANT
9, BOND PROSPECTUS
10, ACT 347 PERMIT
11. DRAINAGE BOARD MEETING COSTS
12. CAPITALIZED INTEREST (8% x $215,000 x 1 YR.)
L3. CONTINGENCIES (9.47%)
TOTAL ESTIMATED COST
PREPARED BY:
JAMES E. PEMBERTON
DEPUTY & CHIEF ENGINEER
OCTOBER 1, 1975
16,000.00
5,800,00
772,00
300.00
100.00
2,150.00
3,000.00
809.00
412.50
. 350.00
17,200,00
6()L5a
$215,000.00
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a. APPORTIONMENT
AVON TOWNSHIT
COUNTY OF OAKLAND
STATE OF MICHIGAN
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AVON TOWNSHIP
COUNTY OF OAKLAND MICHIGAN
SCALE — 1000 2 DATE — OCTOBER 28, 1975
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Johnson & Anderson, Inc.
Consulting Engineers
Phone: (313) 334-9901 • P.O. Box 1065 • 2300 Dixie Highway • Pontiac, Michigan 48056
September 30, 1975
4;
William E. McDonald, P.E.
Vice President
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cc: Mr. James Pemberton
GIN
WRS
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File
The Drainage Board
for the Fred D. Houghten Drain
No. One Public Works Drive
Pontiac, Michigan 48054
Attn: NY. George W. Kuhn, Chairman
Re: Fred D. Houghten Drain
Ref: J & A File No. 4136-01
Gentlemen:
We have completed the review of bids on the Fred D. Houghten Drain
that were submitted on September 25, 1975. The tabulation of all bids
received is enclosed.
The bid of Mago Construction Company was the low bid of the thirty one
(31) bids received for the construction of this project. We recommend the
award of this drain construction to Naga Construction Company for the
bid amount of $149,514.
Six copies of the bid tabulation are submitted with this letter. Bid
documents and bid bonds of all bidders will be retained in our file until
award of this contract.
A tabulation of bids will be mailed to each bidder as directed by the
chairman of the drainage board.
Yours truly,
JOHNSON & ANDERSON, INC.
)
EMERSON R. BUNN
Chief DePsaY Onnmissioner
GEORGE W. KUHN
OAKLAND COUNTY DRAIN COMMISSIONER
PUBLIC WORKS DRIVE
PONTIAC, MICHIGAN 48054
858-0958
JAMES E. PEMBERTON
Depat, and Chief Engineer
Honorable Commissioners
County of Oakland
1200 North Telegraph Road
Pontiac, Michigan
Reference: Fred D. Houghten Drain
Mr. Chairman, Ladies & Gentlemen:
There is submitted to you herewith a certified copy of a resolu-
tion adopted by the Drainage Board for the Fred D. Houghten
Drain authorizing the issuance of Drain Bonds in the aggregate
principal amount of $210,000.00 pursuant to provisions of
Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended,
and other applicable law. Also submitted to you herewith is a
form of proposed resolution for adoption by the Board of Com-
missioners for the purpose of pledging the full faith and credit
of the County of Oakland as secondary security for the payment
of said Drain Bonds.
The said Drain Bonds are issued in anticipation of the payment
by the Township of Avon and the County of Oakland in the ag-
gregate amount of at least equal to the amount of said Bonds.
The full faith and credit of said public corporation is pledged,
by law, to the prompt payment of said assessments and the interest
thereon when due. The law further authorizes and obligates said
public corporation to levy a tax in an amount sufficient to make
said payment (unless other funds are on hand available for said
purpose)which tax may be levied without limitation as to rate
or amount. The County is entitled, by law, to recover from
said public corporation the amount advanced from County funds
at any time in fulfillment of the County's secondary pledge of
its' full faith and credit.
Georgpf. Kuhn, Chairman
Fred D. Houghten, ider
Richard R. Wilcox, Member
OAKLAND COUNTY DI-sAIN COMMISSIONER
Honorable Commissioners
County of Oakland
Reference: FRED D. HOUGHTEN DRAIN
Page 2
It is respectfully requested that the enclosed resolution be
adopted for the reasons set forth in the preamble and because
the pledge of the County's full faith and credit will result
in a material savings in bond interest to be paid.
FRND D. HOUGHTEN DRAINAGE BOARD
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Enclosures