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HomeMy WebLinkAboutResolutions - 1971.07.01 - 16102RESOLUTION No 5753. Ty 1, 1971 BY: Mr. Lennon IN RE: RAMIRO DRAIN TO THE OAYLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, proceedings have been Itaken by the Statutory Drainage Board for the construction of the Ramiro 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 Township of Avon on October 15, 1968; and WHEREAS, the said Drainage Board by resolution adopted on June 9, 1971, authorized and provided for the issuance of bonds in the aggregate principal amount of $390,00.0 in anticipation of the collection of an equal amount. of special assessments against the Township of P:7:Pnn and the County of Oakland, said special assessments having been therefore duly confirmed by said Drainage Board; 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 s1.77ervisors 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 tolfinance 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 RESOLVED1BY THE OAKLAND COUNTY BOARD OF COMM7S5TON7,7S: 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 C=r,li sioners 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 -2- PUBLICWORKS COMMITTEE (—) ilaIrman and interest, for the Ramiro Drain, when Idue, then the amount thereof shall be immediately advr1 ,:::ed from County Funds, and the County Treasurer is directed to immediately make such advancement to the extent necessary, 2. That in the event that, putsuant 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 -3- signature this 1st day of , A.D. 1971. July ADOPTED: Ayes: Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley. (26) Nays: None. (0) Absent: Patnales. (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 2/3rds vote of the members elect at a regular meeting of the Oakland County Board of Commissioners, held on the 1st day of July 1971, the original of which is on file in my office. IN WITNESS WHEREOF, I have herc:_Into affixed my official Lynn D. Allen, County Clerk