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HomeMy WebLinkAboutResolutions - 1968.08.27 - 18875At a meeting of the Board of Supervisors of the County of Oakland, State of Michigan, held in the Supervisors Auditorium in the City of Pontiac, Michigan, on the 27th day of August, 1968, at 9 :30 o'clock A.M., Eastern Day- light Time, which meeting was part of the _regular June session of said Board. PRESENT: Anderson, Bachert, Beecher, Bingham, Birnkrant, Brennan, Brewer, ABSENT: Bryant Case , Cline , CRI-121-T3,__12,j1T.P_-11,J22,11sLEILLJ21Els-111.1,t4.1i1-1.-4 Edwards Eldrid.te Forbes Fouts Fusilier Gabler. Hall Hamlin, Horton, Hursfall, Ingraham, Inwood; Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McDonnell, Helchert, Melstrom, Miller, Mitchell, OTonoghue, Oldenburg, Peasley, Perinoff, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Shepherd, Simson, Slavens_, Smith, Sthlberg, Tapp, Taucher Taylor, Tinsman Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (70) Charteris, Clarkson, Famularo, Frid, Gallagher, Geralds, Crisdale, Lyon, Mastin, McNamee, Nelson, Paholak, Peterson, Schwartz, Stine, Treacy. (16) Misc. 4909 The following resolution was offered by Potter and seconded by Gabler WHEREAS, proceedings have been taken by the Statutory Drainage Board for the location, establishment and construction of the Brewer Drain under the provisions of Act No. 40 of the Michigan Public Acts .f 1956, as amended, pursuant to a petition filed by the City of Pontiac on June 26, 1967; and WHEREAS, the Drainage Board for said Brewer Drain by resolution on August 12, 1968, authorized and provided for the issuance of bonds in the aggregate principal amount of $660,000 in anticipation of the collection of an equal amount of unpaid special assessments against the City of Pontiac as its share of the cost of said drain, said special assessments having been theretofore duly confirmed by said Drainage Board; and WHEREAS, said bonds are to be designated Drain Bonds, are to be dated October 1, 1968, will bear interest at a rate not exceeding 6%, and will be subject to prior redemption at times and prices specified in the said resolution of said Drain- age Board authorizing their issuance; 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 of 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 indebted- ness have been issued to finance a project, the petition for which was filed after June 6, 1961, in anticipation of the collection of the install- ment 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 evidences of indebtedness, or "(2) If any bonds or other evidence of indebted- ness 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 install- ment and interest pursuant to the provisions of this chapter." ; and WHEREAS, said Drainage Board deems it advisable and necessary 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 necessary to protect and to preserve the public health and, therefore, it is in the best interest of the County of Oakland that said bonds be so sold. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF OAKLAND, MICHIGAN: 1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain Code, the Board of Super- visors of the County of Oakland does hereby irrevocably pledge the full faith and credit of the County of Oakland and does agree that in the event the City of Pontiac shall fail or neglect to account to the County Treasurer of the County of Oakland for -3- the amount of any installment and interest for the Brewer Drain, 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 inter- est, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and pro- ceedings 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 resolution be and the same hereby are rescinded. ADOPTED: Yeas - Anderson, Bachert, Beecher, Bingham, Birnkrant, Brennan, Brewer, Bryant, Case, Cline, Colburn, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, Forbes, Fouts, Fusilier, Gabler, Hall, Hamlin, Horton, Hursfall, Ingraham, Inwood, Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McDonnell, Melchert, Melstrom, Miller, Mitchell, O'Donoghue, Oldenburg, Peasley, Perinoff, Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Shepherd, Simsen, Slavens, Smith, Solberg, Tapp, Taucher, Taylor, Tinsman, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (70) Nays - None. (0) -4-- Dated: August 27 , 1968 STATE OF MICHIGAN ) ) SS: COUNTY OF OAKLAND ) ChietAebuty I, the undersigned, the duly qualified owsm ty County Clerk and/' Cier of the Board of Supervisors 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 its members elect at the meeting (which was a part of the regular June session) of the Board of Super- day of August, 1968, the original of which is on file in my office. Chief Deputy County Clerk H.11TIC visors of the County of Oakland held on the 27th