HomeMy WebLinkAboutResolutions - 1986.05.22 - 18134May 22, 1936
MISCELLANEOUS NO. #86160
BY: THOMAS A. LAW, COMMISSIONER - DISTRICT NO. 26
REFERENCE: DRAIN COMMISSIONER
THE ESTABLISHMENT OF A LAKE LEVEL FOR SYLVAN LAKE,
OTTER LAKE AND THE DAWSON MILL POND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Act 146 of the Public -Acts of-a961, the Inland
Lake Level Act, establishes a procedure for the establishment of a
legal lake level for inland lakes in the State of Michigan; and
WHEREAS, the Oakland County Board of Commissioners adopted
Miscellaneous Resolution No. 85046 on May 9, 1985, which authorized
the institution of a proceeding in the Oakland County Circuit Court
to determine, establish and maintain the normal lake level of Sylvan
and Otter Lakes within the Township of Waterford and the Cities of
Keego Harbor, Sylvan -Lake and Pontiac, pursuant to the provisions
of Act 146 of the Public Acts of 1961; and
WHEREAS, petitions have now been received from freeholders
owning lands abutting on the Dawson Mill Pond in the City of Pontiac
requesting the Board of Commissioners to cause to be determined and
established a normal height and level for the waters of Sylvan Lake,
Otter Lake, and the Dawson Mill Pond; and
WHEREAS, the petitions that have been received from free-
holders owning lands abutting on the Dawson Mill Pond in combination
with the petitions already received from freeholders owning lands
abutting on Sylvan Lake and Otter Lake are in number equal to
two-thirds (2/3) of the freeholders owning lands abutting Sylvan
Lake, Otter Lake and the Dawson Mill Pond; and
WHEREAS, the petitions received from freeholders owning
lands abutting on the Dawson Mill Pond also request that a new dam
be constructed at or near the location of the existing Dawson Mill
Pond Dam to keep and maintain the waters of Sylvan Lake, Otter Lake,
and the Dawson Mill Pond at their normal height and level; said
location being different from a location west of Telegraph Road
which was requested by the petitions filed with the Board of
Commissioners in 1985; and
WHEREAS, after a review of possible alternative locations
for a dam to maintain a normal height and level for the waters of
Sylvan Lake, Otter Lake and the Dawson Mill Pond, the Oakland County
Drain Commissioner, the Michigan Department of Natural Resources,
the Cities of Pontiac, Sylvan Lake and Keego Harbor, and the Town-
ship of Waterford are all in agreement that the only feasible loca-
tion for a new dam for these lakes is at or near the location of
the existing Dawson Mill Pond Dam in the City of Pontiac; and
WHEREAS, the Cities of Pontiac, Sylvan Lake and Keego
Harbor, and the Township of Waterford have all approved by formal
resolution of their governing bodies an apportionment of the cost
of this lake level project which shall be allocated among the
benefited properties in each of these four municipalities; and
WHEREAS, based on the petitions which have been received
from freeholders owning lands abutting on the Dawson Mill Pond, and
the agreement of the Cities of Pontiac, Sylvan Lake and Keego Harbor,
and the Township of Waterford, it is appropriate and expedient to
determine, establish and maintain the normal lake level of Sylvan
Lake, Otter Lake and the Dawson Mill Pond in a single proceeding.
NOW THEREFORE BE IT RESOLVED, that this Board of Commis-
sioners, for the protection of public safety and to preserve the
natural resources of the state and to protect the value of properties
around Sylvan Lake, Otter Lake and the Dawson Mill Pond, deems it
expedient to determine, establish and maintain the normal lake level
of Sylvan Lake, Otter Lake and the Dawson Mill Pond within the
Township of Waterford and the Cities of Pontiac, Sylvan Lake and
Keego Harbor, Oakland County, Michigan, in a single proceeding
pursuant to the provisions of Act 146 of the Public Acts of 1961,
as amended; and
BE IT FURTHER RESOLVED, that the office of the Prosecuting
Attorney be directed to amend its Complaint in the Circuit Court,
Civil Case No. 86-306813-CZ to request that the Circuit Court
establish a level for Sylvan Lake, Otter Lake and the Dawson Mill
Pond to be regulated by the construction of a new dam at or near
the location of the existing Dawson Mill Pond Dam in the City of
Pontiac; and
BE IT FURTHER RESOLVED, that the properties in the area
of improvement will benefit and shall bear the entire cost of the
project; that the Drain Commissioner shall prepare a special assess-
ment district for the area of improvement as prescribed in Act 146
and based on the percentage apportionment which has been approved
by the Cities of Pontiac, Sylvan Lake and Keego Harbor, and the
Township of Waterford; and that the cost of maintaining the level
of said lake shall be borne by the benefited properties in the area
of improvement in the manner allocated by that apportionment.
BE IT FURTHER RESOLVED, that the provisions of Miscellaneous
Resolution No. 85046 adopted by the Board of Commissioners on May 9,
1985 to the extent that they are in conflict with this resolution
be rescinded and that the provisions of this resolution be deemed
controlling with reference to the establishment of the legal lake
level for Sylvan Lake, Otter Lake and the Dawson Mill Pond.
Mr. Chairperson, I move the adoption of the foregoing
resolution.
/
Thomas A. Law
County Commissioner - District 26
Anne M.711-71-bart, D net #4
Betty Vorlfno, District #5
Nancy McConn4-11, District # 23
Richard D. glihn, District # 3
#86160 May 22, 1986
1316-11771: Allen, Cotly Clerk/
Ragrster of Deeds
Moved by Law supported by Price the rules be suspended for
immediate consideration of the resolution.
AYES: Calandro, Doyon, Fortino, Gosling, Hobart, R. Kuhn ,
S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson,
Olsen, Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt,
Webb, Wilcox, Aaron, Caddell. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to
suspend the rules carried.
Moved by Law supported by Webb the resolution be adopted.
AYES: Doyon, Fortino, Gosling, Hobart, R. Kuhn, S. Kuhn,
Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen,
Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Webb, Wilcox
Aaron, Caddell, Calandro. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.
STATE OF MCHIOAN1
COUNTY OF OAKLAND)
F, 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 # 86160adopted by the Oakland County Board of
Commissioners at their meeting held on May 22, 1986
with the original 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 22nd day of May 198 6