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HomeMy WebLinkAboutResolutions - 1971.11.03 - 16224RESOLUTION NO. 5861 BY•: Mr. Lennon IN RE: O'DONOGHUE 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 O'Donoghue 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 May 12, 1969; and WHEREAS, the said Drainage Board by resolution adopted on October 13, 1971, authorized and provided for the issuance of bonds in the aggregate principal amount of $220,000 in anticipation of the collection of an equal amount of special assessments against the City of Southfield and the County of Oakland, said special assess- ments 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 pursOant 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 intereston the bonds or evidence of indebtedness," 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 aid Drain Bonds, and does agree that in the event the City of Southfield 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 O'Donoghue Drain, when due, then the amount thereof shall be immediately advanced from County Funds, and the County Treasurer is directed to immediately -2- 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 resb- lution be and the same hereby are rescinded. MR. CHAIRMAN, on behalf of the Public Works Committee, move the adoption of the foregoing resolution. PUBLIC WORKS C:MMITTE.E, fik airman qqA__ Nays: None. (0) ADOPTED: Ayes: Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Lennon, Mathews, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Burley, Coy, Dearborn. (21) Absent: Brennan, Daly, Hamlin, Mainland, Olson, Patnales. (6) 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 4th day of November 1971, the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature this 8th day o f November , A.D. 1971. Lynn D. Allen, County Clerk $158,514.00 $12,142.00 1,058.00 13,200.00 $ 2,200.00 980.00 200.00 3. Inspection Incl, Layout 4. Legal & Financial A. Bond Counsel B. Financial Consultant C. Bond Printing 5. Administrative Expense To Date 10,000.00 3,380.00 420.00 66.00 54.95 29.75 170.50 200.80 522.00 Negotiator) 500.00 yr. x $220,000) 15,400.00 18,064.00 O'DONOGHUE DRAIN (Estimated Cost) Construction Bid 2. Engineer's Design Fee Resident Engineer 6. Publishing Notices A. Daily Tribune B. •Southfield News C. Southfield Sun D. Michigan Contractor E. Michigan Investor 7. Rights-Of-Way (Incl. Cost of 8. Capitalized Interest (7% x 1 9. Contingencies (8.945%) TOTAL ESTIMATED COST $220,000.00 Prepared By: James E. Pemberton Chief Engineer & Deputy JEP:es 9-7-71 cc: Mr. John A. Everhardus Mr. Julius Pochelon Mr. William M. Richards Mr. Daniel T. Murphy Mr. Howard V. Rummell O'Donoghue Drain File HUBBELL. ROTH & CLARK, INC. CONSULTING ENGINEERS 2323 Franklin Road, Bloomfield Hills, Michigan 48013 TELEPHONE • 338-9241 • 366-2890 Associates GEOFtGE E. HUBBELL THEDOORE G RIEHL JAMES W. HUBBELL FRANK M. BARNES GEORGE S. ROTH FRANKLIN A. BORN N. DAVID WARfNG DONALD R. McCORMACK CLARENCE w. HUBBELL Principals JAMES E. BEUERLE FRANK N. BIEHL DAVID BFtODY RAMA RAO V. CHERUKURI GERALD F. KNARR MYKOLA LAwRIN ORLYN C. LEWIS DAVID McPHEE CLARENCE W. MYROLD VERON W. RAYMOURE THOMAS H. RITCHIE FREDERICK A. sYNK September 9, 1971 Drainage Board for the O'Donoghue Drain No. I Public Works Drive Pontiac, Michigan 48054 Attention: Mr. Daniel W. Barry, Chairman Re: The O'Donoghue Drain Gentlemen: Enclosed herewith are copies of a tabulation of twenty-six (26) bids received on September 1, 1971, for construction of the subject drain. The low bid was submitted by Vito Trucking and Excavating Company in the amount of $158,514.00, 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 Vito Trucking and Excavating Co. in the amount of $158,514.00, subject to the sale of bonds, as indicated in the specifications. Very truly yours, HUBBELL, ROTH & CLARK, INC. Franklin A. Burn FA13/bp encl. cc: City of Southfield, Mayor and Council, City Administrator, City Clerk O'DONOGHUE DRAIN CITY OF SOUTHFIELD, MICHIGAN The Drain consists of a main trunk commencing at the existing manhole on the east side of Southfield Road at Bonstelle Street; thence running northerly as a 60", 54", 48" and 42" diameter pipe along the east side of Southfield Road to New Hampshire Street, Section 25, City of Southfield, Oakland County, Michigan I hereby certify that the above listed description is a true description of the O'Donoghue Drain as bid on September 1,1971. HUBBELL, ROTH & CLARK, INC. 4 - Franklin A. Burn P.E. No. 8355 District Limits * lammenemagasstems GEORGE WASHINGTON ADDISON NEW HAMPSHIRE a. ac TEN MILE ROBERT *RICHARD EE 1 • ANNA G. WASHINGTON 1 STRATFORD N. HAMPSHIRE Ul 1.1.1 CL ROAD ADD [SON 85.832 % 14.168 % 100.000% —3 SILVE RN APL E NEW JERSEY MARYLAND CI a Cr- -J 17. 0 tri MOUNT VERNON PENNSYLVANIA *0 WilINSMIEfiladINE200 BON STELL E *District Limits 0 7 DO \O GH JE DRAIN DISTRICT AREA SOUTHFIELD 25 Ti N. R.I0E. BONSTELLE 0 7 DO \O DRAINAGE CITY OF E. I/2 SEC, APPORTIONMENT : City of Southfield County of Oakland, on account of drainage of county highways