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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 -11 -2- signature this 6th day of November , A.D. 1975. Lynn D. Allen, County Clerk -3- 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 NORTH rrl >e ARIZONA CT. 9 0 0 cc 8 WALTON '7 18 81.9 tiL 1r6— N E RHINEBERRY HILLENDALE BELLA VE R NON A g- o v, 1 CT. AVON —0 CREST cK 0 o Z II j. C) (cv [Z2OZA Waw.wzji CROOKS CHRISTIAN 0 PoAD FRED D. liOUGHTEN DRAT (1) 'crk DOC) i000 1(--) a. APPORTIONMENT AVON TOWNSHIT COUNTY OF OAKLAND STATE OF MICHIGAN 89.56% 10.44% 0.00% A C AVON TOWNSHIP COUNTY OF OAKLAND MICHIGAN SCALE — 1000 2 DATE — OCTOBER 28, 1975 Pri;;C54‘1;;LS:;.n 11 73 rn 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 rwrich/322/5 cc: Mr. James Pemberton GIN WRS RWR 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 gP Enclosures