HomeMy WebLinkAboutResolutions - 1981.05.21 - 15293May 21, 1981
MISCELLANEOUS RESOLUTION 81186
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: APPROPRIATION FOR SETTLEMENT OF LITIGATION PAINT CREEK DRAIN
vs. ROBERT J. WOYCIECHOWSKI et al
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Paint Creek Drain is an established County drain located
and established pursuant to law in Brandon Township, Oakland County; and
WHEREAS prior to June 11, 1973 4 six 30" reinforced concrete pipe
culverts were installed at three separate locations in the Paint Creek
Drain in Section 36 of Brandon Township by private individuals; and
WHEREAS the installation of these six concrete culverts and the sub-
sequent placement of fill material over the culverts have created three ob-
structions in the Paint Creek Drain; and
WHEREAS the installation of these culverts by private individuals has
resulted in a lessening of the area of the Paint Creek Drain and have ad-
versely affected the capacity of the Paint Creek Drain in violation of
provisions of the Michigan Drain Code; and
WHEREAS the Oakland County Drain Commissioner has requested that the
private individuals who installed the culverts remove these culverts from
the Paint Creek Drain; and
WHEREAS the private individuals have refused to remove the culverts
from the Paint Creek Drain or to reimburse the Oakland County Drain Com-
missioner for the expense of removing said culverts; and
WHEREAS the Paint Creek Drain, as a body corporate, has brought a OM]
action in the Oakland County Circuit Court to require the removal of these
culverts which constitute an obstruction in the Paint Creek Drain; and
WHEREAS by way of a counter-complaint the private individuals who in-
stalled the culverts in the Paint Creek Drain have alleged that a portion of
the cost of removal of the culverts should be paid by the Oakland County Drain
Commissioner; and
WHEREAS a proposed settlement of the pending litigation has been recom-
mended to the Oakland County Drain Commissioner, which settlement would require
the payment of $9,000.00 by Oakland County; and
WHEREAS the settlement of the pending litigation concerning the
removal of these culverts as dbstructions in the Paint Creek Drain would
benefit the County of Oakland and, in particular, would protect the health,
safety and welfare of citizens of Oakland County in the vicinity of the
Paint Creek Drain.
NOW THEREFORE BE IT RESOLVED that pursuant to Rule XI-C of this Board,
the Finance Committee finds $9,000 available in the 1981 Contingency Account,
said sum to be paid in settlement of the claims arriving out of the subject
litigation.
The Board of Commissioners appropriates $9,000 from the 1981 Contingency
Account and transfers said funds to the 1981 Drain Commissioners - Professional
Services line-item as follows:
990-02-00-9902 Contingency $(9,000)
611-01-00-2128 Professional Services 9,000
-0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption
of the foregoing resolution.
FINANCE COMMITTEE
21st day of/ ) _ 1981
ALLE
County Clerk/Register of Deeds
#81186 May 21, 1981
Moved by Murphy supported by Cagney the resolution be adopted.
AYES: Montante, Moore, Murphy, Pernick, Price, Wilcox, Aaron, Caddell,
Cagney, DiGlovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson,
Kasper, Lanni, McDonald, Moffitt. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 #81186 adopted by the Oakland County Board of Commissioners
at their meeting held on May 21, 1981
with the orginial 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