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HomeMy WebLinkAboutResolutions - 1991.08.22 - 18390_62 ANNINV AND BUILDING COMMITTEE REPORT August 22, 1991 BY: Planning and Building Committee, Larry P. Crake, Chairperson IN RE: MR 91148-Drain Commissioner: Bunny Run Lake Level Special Assessment Role TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution again on August 13, 1991, reports with the recommendation that the resolution be adopted with the following amendment: Page 2, at the end of the BE IT FURTHER RESOLVED paragraph--the date be changed to November 1, 1991. Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. July 25, 1991 MISCELLANEOUS RESOLUTION #91148 BY: Planning and Building Committee, Larry Crake, Chairperson IN RE: DRAIN COMMISSIONER - BUNNY RUN SPECIAL ASSESSMENT ROLL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Inland Lake Level Act, Act 146 of the Public Acts of 1961, provides for the determination, establishment and maintenance of the normal height and level of the waters of inland lakes; and WHEREAS, petitions were filed with the Oakland County Board of Commissioners in 1988 to establish the level of Bunny Run Lake, located in the Charter Township of Orion, pursuant to the provisions of the Inland Lake Level Act of 1961; and WHEREAS, the Oakland County Board of Commissioners, by the adoption of Miscellaneous Resolution No. 89131 on May 25, 1989, directed the Prosecuting Attorney to institute a complaint to establish a lake level for Bunny Run Lake, and to confirm a special assessment district; and WHEREAS, the Oakland County Circuit Court by its Order dated July 9, 1990 fixed and determined the normal summer height and level of Bunny Run Lake at 965.95 feet USGS datum, and fixed and determined the normal winter height and level at 965.45 feet USGS datum; and WHEREAS, pursuant to the same Order, the Circuit Court confirmed a special assessment district which was described in the complaint, and directed the County Drain Commissioner to prepare a special assessment roll to be spread by the Oakland County Board of Commissioners; and WHEREAS, the Oakland County Board of Commissioners by the adoption of Miscellaneous Resolution No. 90133 on August 30, 1990 authorized the advance of funds for the construction of the Bunny Run Lai- . . special assessment roll; and WHEREAS, the Oakland County Board of Commissioners by the adoption of Miscellaneous Resolution No. 90263 on November 8, 1990, directed the Oakland County Drain Commissioner to prepare for adoption and confirmation in July, 1991 a special assessment roll for the repayment of the funds advanced with interest; and WHEREAS, the Drain Commissioner has prepared a special assessment roll for the cost of construction of the Bunny Run Lake dam in accordance with the provisions of the Inland Lake Level Act, Act 146 of the Public Acts of 1961, as amended; and LAKE WHEREAS, the Planning and Building Committee concurs in the special assessment amounts determined by the Drain Commissioner as set forth on the special assessment roll to be levied against the Charter Township of Orion and the owners of real property in the special assessment district. NOW THEREFORE BE IT RESOLVED, by the Oakland County Board Commissioners that there be assessed, levied and collected for the year 1991, for the purpose of establishing the lake level for Bunny Run Lake and the construction of the Bunny Run Lake dam to maintain the levels established by the Circuit Court, the amount of $ 290,089, which aggregate sum represents the total amount of the assessments due from the Charter Township of Orion and all of the owners of real property that are included within the special assessment district. BE IT FURTHER RESOLVED that the special assessment roll shall provide for the collection of interest at the rate of 7.44% annually over a period of ten years, and that no interest will will be due and payable if the entire assessment amount is paid in full on or before October 1, 1991. Mc- Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PROVE TrT. FOREGOINC Resolution # 91 1 48 AUGUST 22, 1991 . Moved by Crake supported by Jensen the resolution be adopted. Moved by Palmer supported by Jensen the resolution be amended at the end of the BE IT FURTHER RESOLVED paragraph, by changing the date to November 1, 1991. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Johnson, Krause, Law, McConnell, McCulloch, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge,.Pernick, Price, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Jensen. (24) NAYS: Huntoon. (1) A sufficient majority having voted therefor, the resolution, as amended was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on . August 22, 1991 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 22nd day or) August 1991 Lynn. Allen, County Clerk