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HomeMy WebLinkAboutResolutions - 1971.08.19 - 15996August 19, 1971 RESOLUTION NO. 5776 BY: Mr. Lennon IN RE: PERINOFF 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 Perinoff Drain under the provisions of Act No. 40 of the Public Acts of Michigan of 1956, as amended, pursuant to a petition filed by the City of Southfield on September 15, 1970; and WHEREAS, the said Drainage Board by resolution adopted on July 14, 1971, authorized and provided for the issuance of bonds in the aggregate principal amount of $545,000 in anticipation of the collection of an equal amount of special assessments against the City of Southfield, said special assessments having been therefore duly confirmed by said Drainage Board; and WHEREAS, said bonds are to be designated Drain Bonds, are to be dated November 1, 1971, will bear interest at a rate not exceeding 7%, and will be subject to redemption prior to maturity in accordance with the provisions of the bond resolution; and WHEREAS, Section 474 of said Act No. 40, as amended, provides in part as follows: . "If any public corporation fails or neglects to account to the county treasurer for the amount to any installment and interest, then the county treasurer shall advance the amount thereof from county funds in the following cases: "(1) If any bonds or other evidence of in- debtedness have been issued to finance a project, the petition for which was filed after June 6, 1961 in anticipation of the collection of the installment and interest pursuant to the ,provisions of this chapter and the board Of supervisors has previously acted, by a resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit of the county for the prompt payment of the principal of and interest on the bonds or evidence of indebtedness, or "(2) If any bonds or other evidence of in- debtedness have been issued to finance a project, the petition for which was filed prior to June 6, 1961 in anticipation of the collection of the installment and interest pursuant to the provisions of this chapter." 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 neces- sary 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 1256, 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 city of Southfield shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special as essment installment and -2- interest, for the Perinoff 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 pezwitted 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 reso- lution be and the same hereby are rescinded. MR. CHAIRMAN, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE ADOPTED: Ayes: Brennan, Burley, Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron. (23) Nays: None. (0) Absent: Barakat, Kasper, PatnaleS, Powell. (4) 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 foregoing is a true and complete copy of a resolution adopted by a 2/3rds vote of the members elect at a regular meeting of the Oakland County Board of Commissioners, held on the 19th day of August 1971, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 19th day of August f A.D. 1971. Lynn M777 len, County Clerk GEORGE E. HUBBELL THEODORE G. BIEHL JAMES W. HUBBELL FRANK M. BARNES GEORGE S. RoTH FRANKLIN A. BURN DAVID WARING DoNALD R. MccORMACK CLARENcE W. HUBBELL Principals HUBBELL, ROTH Ek CLARK, INC. CONSULTING ENGINEERS 2323 Franklin Road, Bloomfield Hills, Michigan 48013 TELEPHONE • 33-8,8241 • 566.2690 JAMES E. BEIJERLE FRANK M. BIEHL DAVID BRODY RAMA RAG V. CHFROKUM GERALD F. KNAPP myKOLA LAWRIN ORLYN C. LEWIs DAVID McPHEE CLARENCE W. HYROLD VENOM W. RAyMOLIRE THOMAS H. RITCHIE. FREDERICK A. SYNK Associates June 25, 1971 Drainage Board for the Perinoff Drain No. 1 Public Works Drive Pontiac, Michigan 48054 Attention: Mr. Daniel W. Barry, Chairman Re: The Perinoff Drain Gentlemen: Enclosed herewith are copies of a tabulation of seventeen (17) bids received on June 18, 1971, for construction of the subject drain. The low bid was submitted by Bay Construction Company, Inc. in the amount of 8380,608.00, which is under our estimate. Inasmuch as the low bid submitted conforms to the requirements of the specifications, we recommend that the contract be awarded to Bay Construction Co., Inc. in the amount of $380,608.00, subject to the sale of bonds, as indicated in the specifications. In addition we recommend that the contractor proceed with Section II of the project as soon as the necessary financial and right-of-way arrangements have been made. Very truly yours, HUBBELL, ROTH & CLARK, INC. 7/ if Franklin A. Burn FAB/bp end. cc: City of Southfield, Mayor and Council, City Administrator, City Clerk $202,698,00 177,910.00 $380,608.00 $ 25,010.00 2,000.00 1,000.00 28,010.00 Legal Financial . Bond Printing 5. Administrative Expense To Date $ 4,225,00 1.940.00 '400.00 6,565,00 321.00 35.00 100.00 125.00 200.00 460.00 7. Rights-of-Way Including Cost of Negotiator 8. Capitalized Interest (7.0% x 1 yr. x $545,000.00) 9. Contingencies (7.101%) PERINOFF DRAIN Estim;tte of Cost I, Construction Cost Section 1 Section 2 2. Engineers Design Foe Resident Engineer Soil Borings 3, Inspection Including Layout 4. Legal & Financial 12,250.00 6. Publishing 'Notices Southfield Sun Daily Tribune Michigan Contractor Michigan investor 42,500.00 38,150.00 36,136.00 545,000.00 Prepared By: James E. Pemberton Chief Engineer F, Deputy 7-2-71 JEP:es N GS CT, I DR AI N 4'I's') r. ROUTE (1 #49% ety (Dz W, NOR WOOD N NOR WOOD S. NORWOOD DISTRW1 L IMTfS ED (.9 cc 069 > 4 2 7 6 12'' JEFF- ,-- 4 EY t- • R "C." , .6.1153. A NINE MILE ROAD 34 pIsTRlcr 12mon. LIMITS 77i 0 N A NY .-ci lf-i- • ' -- " Q ER --, v - s 7. ,C4:RES-7- R.I0 - M H10 N PERINOFF DRAIN DRAINAGE DISTRICT AREA NOTE: City of Southfield will pay entire cost of drain SCALE luz1000'