HomeMy WebLinkAboutResolutions - 1968.05.27 - 18955At 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 May, 1968,
at 9:30 o'clock A.M., Eastern Daylight Time, which meeting was part of the regular April
session of said Board.
PRESENT: Bachert, Bailey, Beecher, Bingham, Birnkrant, Brewer, Bryant, Case, Charteris,
Clarkson, Cline, Co'burn, Dewan, Doherty, Duncan, Edwards, Famularo, Fisher
Forbes, Frid, Fusilier, Gabler, Gallagher, Grisdale, Hall, Hamlin, Horton,
Hursfall, Ingraham, Inwood, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter,
Long, Maly, Mastin, McDonnell, McNamee, Melchert, Melstrom, Miller,
Mitchell, Nelson, O'Donoghue, Oldenburg, Peasley, Perinoff, Peterson, Potter,
Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Shepherd, Simson, Slavens,
Smith, Solberg, Taucher, Taylor, Tinsman, Valentine, Wahl, Walker, Webber,
Wilcox, Wilmot, Woods.
ABSENT: Brennan, Edward, Eldridge, Fouts, GeraIds, Johnson, Levinson, Linley, Lyon,
Mainland, Schwartz, Stine, Tapp, Treacy.
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Misc. 4873 • IN RE; NICHOLS RELIEF DRAINS
By Mr, Potter
The following resolution was offered by Potter
and seconded by Walker
WHEREAS, proceedings have been taken by the Statutory Drainage
Board for the location, establishment and construction of the Nichols Relief
Drains under the provisions of Act Niz% 40 of the Michigan Public Acts of 1956,
as amended, pursuant to a petition filed by the Township of Bloomfield on
March 31, 1966; and
• WHEREAS, the Drainage Board for said Nichols Relief Drains by
resolution on January 17, 1968, as amended on May 23, 1968, authorized and
provided for the issuance of bonds in the aggregate principal amount of
$5, 825, 000 in anticipation of the collection of an equal amount of unpaid
• special assessments against the County of Oakland and the Township of
Bloomfield as their respective shares of the cost of said drains, said special
assessment having been theretofore duly confirmed by said Drainage Board;
and
WHEREAS, said bonds are to be designated Drain Bonds, are to be
dated May 1, 1968, will bear interest at a rate not exceeding 6% with no coupon
exceeding 6%, and will be subject to prior redemption at times and prices
specified in the said resolution of said Drainage Board authorizing their
issuance; and
.7
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 indebtedness 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 supervisors has previously acted,
by a resolution adopted by a 2/3 vote of itsmembers -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 evi-
dences of indebtedness, or
"(2) • If any bonds or other evidence of indebtedness 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
installment 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 pro-
,:
tect 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 SUPER-
VISORS OF THE COUNTY OF OAKLAND, MICHIGAN:
. That pursuant to the authorization provided in Section 474 of
Chapter 20 of the Drain COde, the Board of Supervisors 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 Township of Bloomfield 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 installment and interest for the
Nichols Relief Drains ; 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 interest, it shall be the duty of the County Treasurer,
• for and on behalf of the County of Oakland, to take all a.c.iiions and proceedings
and pursue all remedies permitted or authorized by law f or 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 - Bachert, Bailey, Beecher, Bingham, Birnkrant, Brewer, Bryant, Case
Charter's, Cline, Colburn, Dewan, Doherty, Duncan, Famularo,
Fisher, Forbes, Fusilier, Gabler, Gallagher, Grisdale, Hall, Hamlin,
Horton, Hursfall, Ingraham, Inwood, Kephart, E., Kephart, J.,
- Kramer, Lahti, Lessiter, Long, Maly, Mastin, McDonnell, McNamee,
Melstrom, Miller, Mitchell, Nelson, O'Donoghue, Oldenburg,
Peasley, Perinoff, Peterson, Potter, Powers, Reid, Remer, Rhinevault,
Rusher, Schiffer, Shepherd, Simson, Slavens, Smith, Solberg, Toucher,
Taylor, Tinsman, Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Wood --, - Nays - None.
STATE OF MICHIGAN )
SS.
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting County Clerk and
Clerk 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 April session) of the Board of Supervisors of the
County of Oakland held on the 27th day of May, 1968, the original of which
is on file in my office.
County Clerk
Dated: May 27, 1968.