HomeMy WebLinkAboutResolutions - 1968.09.16 - 1897316 ,
- Mr. Birnkrant
-oil
1.
Sherwin M. Birnkrant /John Lessiter
James P. Cline JoKn Stine
k. W. Lahti Rcf ph A. Main, Ex-officio
BE IT FURTHER RESOLVED that the Chairman and Clerk of this Board be and
they are hereby authorized to execute said agreement on behalf of the County of Oakland
and that the County Clerk be directed to record said agreement in the office of the
Register of Deeds for the County of Oakland.
MR. CHAIRMAN, on behalf of the Aviation Committee, I move the adoption
of the foregoing resolution.
AVIATION COMMITTEE
-Elmer R. Johnson, Chairrnan
John N. Doherty Frazer W. Staman, Ex-officio
AGREEMENT
THIS AGREEMENT made this day of 1968,
by and between Ajax Asphalt Paving, Inc., 29815 John R., Madison 1
!Heights, Michigan, hereinafter referred to as Ajax and the County 1
of Oakland, a Michigan Constitutional Corporation, 1200 N. Telegraph
:Road, Pontiac, Michigan, hereinafter referred to as the County.
WITNESSETH:
WHEREAS, Ajax has previously filed an application with
the Federal Aviation Administration for approval of a radio tower
to be located at the Northeast corner of Bald Mountain Road and
:Dutton Road, Orion Township, Oakland County, Michigan, latitude
H42 degrees 42' 47", longitude 83 degrees 13' 44", said tower to
have a height of 1295 feet AMSL (150 AGL), and
WHEREAS, the County of Oakland has previously objected
to approval of the construction of the radio tower because of
the future operations of the Oakland-Orion Airport, and
WHEREAS the consideration for this Agreement shall be
the mutual covenants and promises as set forth below.
NOW THEREFORE the parties hereto agree as follows;
1. The County agrees to recommend approval to the
HFederal Aviation Administration of the request of Ajax for the
:construction of the tower above described at the location set
forth above.
2. Ajax agrees that the said tower shall be reduced in '
H height or removed, if the County determines that the said tower
interferes with the future operations and use of the Oakland-Orion
Airport, within thirty (30) days after notice by the County.
That upon failure by Ajax to reduce or remove said tower the
H County shall have the right to come upon the property upon which
the tower is located, said property being described as:
"South 1/2 of the Southwest 1/4 of Section 36,
Town 4 North, Range 10 East, Orion Township,
Oakland County, Michigan."
H and that further, the County shall have the right to reduce in
H height or remove the said tower and that all cost incurred by
the County in such reduction in height or removal of the tower
shall be the obligation of Ajax and shall be paid by Ajax within
ten (10) days of completion by the County. All notices to Ajax
shall 1) deemed effective if thqfare sent by Registered Mail to
the address set forth in this Agreement for Ajax.
3. This Agreement is subject to the approval of the
Federal Aviation Administration and the Michigan Aeronautics
Commission.
4. This Agreement shall be binding upon the assign2 of
all parties ..
IN WITNESS WHEREOF, the parties have hereunto ;iet their
hands and seals on the day and year above written.
IN THE PRESENCE OF: AJAX ASPHALT PAVING, INC.
By:
Herbert H. Jacob it
President.
COUNTY OF OAKLAND
By:
Delos Hamlin, Chairman of
its Board of Supervisors, and
By:
Julia Maddock, Deputy Cou
#4927
Moved by Birnkrant supported by Charteris the resolution be
adopted.
• Discussion followed.
Moved by Perinoff supported by Bingham the resolution, as prpposed,
be amended, to the effect that a bond, sufficient to cover the cost of
the dismantling of the tower, be requested of Ajax Asphalt Paving, Inc.
AYES: Bachert, Bingham, Brennan, Duncan, Edwards, Eldridge,
Famularo, Fouts, Frid, Mastin, McDonnell, Melchert, Perinoff,
Peterson, Solberg, Taylor. (16)
NAYS: Anderson, Beecher, Birnkrant, Brewer, Bryant, Case, Charteris,
Clarkson, Cline, Doherty, Edward, Fusilier, Gabler, Gallagher, Grisdale,
Hall, Hamlin, Horton, Hursfall, Ingraham, Inwood, E. Kephart, J. Kephart,
Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McNamee,
Melstrom, Miller, Mitchell', O'Donoghue, Oldenburg, Paholak, Peasley,
Potter, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Simson,
Slavens, Smith, Stine, Tapp, 'Faucher, Tinsman, Valentine, Wahl, Walker,
Webber, Wilcox, Wilmot, Woods. (60)
A sufficient majority not having voted therefor, the motion lost.
Vote on resolution:
A sufficient majority having voted therefor, the resolution was
adopted.