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HomeMy WebLinkAboutResolutions - 1971.08.19 - 15997August 19, 1971 RESOLUTION NO. Bn Mr. Lennon IN RE; STEWART RELIEF DRAINS 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 Stewart Relief Drains 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 May 12, 1969; and WHEREAS, the said Drainage Board by resolution adopted on July 14, 1971, authoried and provided for the issuance of bonds in the aggregate principal amount of $785,000 in anticipation of the collection of an equal amount of special assessments against the City of Southfield, said special assessments having been therefore duly confirmed by said Drainage Board; and WHEREAS, said bond$ 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: 5777 "(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 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 City of Southfield shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and -2- interest, for the Stewart Relief Drains, 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 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: Burley, Coy, Daly, Dearborn, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Brennan. (23) Nays: None. (0) Absent: Barakat, Kasper, Patnales, Powell. (4) STATE OF MICHIGAN ) )SS: COUNTY OF OAKLAND ) T, 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 i 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 clay of August AD. 1971. Lynn D.Allen, County - Clerk ' GEORGE E. HuinNELL THEODORE G. MEHL JAMES W. HUBBELL FRANK N. BARNES GEORGE S. ROTH FRANKLIN A. BURN N. DAVID WARING DONALD R. LIcCcRMACK CLARENcE W. HUBBELL Principals JAMES E. Ca- ut.eti_. FRANK M. DIEHL DAVID BRODY RAMA RAG V. CHERUKURI GERALD F. KNAPP MYKOLA LAWR IH ORLYN C. LEWIS DAVID DitcPHEE CLARENCE W. MYROLD ITERON W. RAYMOURK THOMAS H. RITCHIg FREDERICK A. SYIIK Associates HUBBELL. ROTH Bc CLARK, INC. CONSULTING ENGINEERS 2323 Franklin Road, Bloomfield Hills, Michigan 48013 TELEPHONE • 338-9241 • B68-2690 June 25, 1971 Drainage Board for the Stewart Relief Drain No. 1 Public Works Drive Pontiac, Michigan 48054 Attention: Mr. Daniel W. Barry, Chairman Re: The Stewart Relief Drain Gentlemen: Enclosed herewith are copies of a tabulation of fourteen (14) bids received on June 18, 1971, for construction of the subject drain. The low bid was submitted by Canzano Construction Corp. in the amount of $576,293.40, 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 Canzano Construction Corp. in the amount of $576,293.40, subject to the sale of bonds, as indicated in the specifications. In addition we recommend that the contractor proceed with Section 1 of the project as soon as the necessary financial arrangements have been made. Very truly yours, HUBBELL, ROTH & CLARK, INC. Franklin A. Burn FAB/bp encl. cc: City of Southfield, Mayor and Council, City Administrator, City Clerk $147,402.50 428,890.90 $ 35,154.00 2,000.00 1,000.00 $576,293.40 38,154.00 8,070.00 $ 5,250.00 2,420.00 400.00 Bond Attorney Financial Consultant Bond Printing 548.00 25,000.00 54,950.00 66,362.00 $785,000.00 STEWART DRAIN Estimate of Cost 1. Construction Bid Section 1 Section 2 2. Engineers Design Fee Resident Engineer Soil Borings 3. Inspection Including Layout 15,000.00 4. Legal Financial S. Administrative Expense To Date .. 622.60 6, Publishing Notices Southfield Sun Southfield News Daily Tribune Michigan Contractor Michigan Investor 7. Rights-of-Way Including Cost of Negotiator 8. Capitalized Interest (7% x 1 yr. x $785,000.00) 9. Contingencies (9.234%) Prepared By: James E. Pemberton Chief Engineer & Deputy JEP:es 42.00 81.00 100.00 125.00 200.00 DISTRICT LIMITS TEN 1 MILE ADDI SON ROAD CAPITOL 136" \42' fl PROPOSED DRAIN , \ \ MARYLAND a V) PROPOSED DRAIN DIS TR1C T LIMITS EVE RGREE ii I —11 NINE MILE ROAD NOTE: City of Southfield will pay entire cost of drain Oakland County Drain commission STEWART RELIEF DRAIN Drainage District Area Map SCALE Cz 800' T.1 N., R.I0E. Sea. 26