HomeMy WebLinkAboutResolutions - 1965.12.21 - 196591
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equirod 66 2/3 per cent req(. by the provirsio,s of Act 140 of 1961, as
RESOLUTION
1HMiscollaneous Resolution No, 4505
1JBY: Drain Committee - Mr, Potter
Reference: Wolverine Lake Improvement Project
The Oakland County Board of Supervisors
1 1 1,1r Chairman, Ladies & Gen
WHEREAS, petitions for the improvement of Wolverine Lake were
iled with this Board under the provisions of Act 140 of the Public Acts of
as amended, on September 13 and November 14, 1962; and
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WHEREA:;, the Drain Commissioner, Acting as the Agent for this
oard, did cause a search of the Oakland County Register of Deeds records to
etermine the validity of signatures to the petition; and
WHEREAS, the records of the Oakland Count 3c:,gister of Deeds did
hshow that signatures to the petition to improve Wolverine Lake did bear the
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men:
ame'nzle , and
WHEREAS, thi .:oard of Supervisors, pursuant to Section 5 of said
Act 140 of the Public Acts of 1961, as amended, must determine the expediency
of any project petitioned for under said Act, and did therefore cause a public
hearing on October 14, 1964 to be held.; and
WHEREAS, the village of Wolverine Lake, acting through its Council,
id on September 13, 1962 place with the Drain Commissioner, Acting as the
WAgent for this Board, the sum of one Thousand and Fight Hundred Dollars
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purpose of paying for a preliminary study to determine the expediency of the
Hproject; and
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0) taken from the Village Weed Control Fund by such Council for the
/1450;
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WHEREAS, the firm of Hubbell, Roth & Clark, Inc„ Registered.
-Professional Engineers, was retained by the Drain Commissioner to accomplish
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an engineering study necessary to establish project feasibility; and
WHERFA, the Engineering Report prepared by Hubbell, Roth & .•
Clark, Inc„ was submitted to the Drain Commissioner in April, 1963 as well as
to interested parties representing both the Wolverine Lake Improvement
1 !Association and the Village Council of Wolverine Village.; and
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WHEREAS, such Engineering Report estimates the cost of the
rovemcnt of Wolverine Lake to he in excess of $1,000,000 against which sum
H:lm oods or Lake Improvement Orders would have to be issued; and
WPITEA, the Special Assessment District for the improvement of
Wolverine Lake, by law, cannot include units of government other than those
Hespecially benefited, in this instance the Village of Wolverine Lake,
Ili therefore creating a Special Assessment District of a size which, in the
Ilopinion of your committee, would create a confiscatory tax burden upon the
benefited properties; and
IMEAS, a tax levy of 15 to 40 mills would be necessary to raise
the monies necessary to retire such Bonds or Lake Improv(mcnt Orders, based
upon individual parcel assessment; and
WKEREAS, your Drain Committee instructed the Drain Commissioner to
secure an opinion from Bond Counsel regarding the saleability of bonds to
.finance the Wolverine Lake Improvement project under the provisions of
lAct 140; and
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WHEREAS, Bond Counsel informed the Drain Commissioner that his firm
ould not opinion such bonds until Act 140 of the Public Acts of 1961, as
:amended, be further amended to allow the pledge of the full faith and credit
of the county; and
WHEREAS, the Drain Commissioner has been informed by financial
consultant for the County, Louis H. Schimmel, that bonds to finance the
Wolverine Lake Improvement Project would not be saleable without a pledge. of
the County's full faith and credit; and
WHEREAS, your Committee was informed that the Attorney Genera
office has ruled that a bond issue under the provisions of Act 140 of 1961,
as amended, on a project similar in Barry County could not bear the full faith
'and an credit of the county; and
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supplied to it since November of 1962, is of the opinion that said project is
not expedient,
NOW THEREFORE BE IT RESOLVED, that this Board of Supervisors,
pursuant to provisions of Section 5 of Act 140 of 1961, as amended, determine
I li that the project known as the "improvement of Wolverine Lake located in
!iiCommerce Township, Oakland County, Michigan" is deemed to be "not expedient",
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WHEREAS, your Committee, having considered all facts and information
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/ Curtis Potter, Chairman
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liam'T. Duncan Herbert A. Simith
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Mr. Chairman, on Imthalf of the Drain Committee s I move the adoptio
the foregoing resolution.
DRAIN COMNITTEE
Moved by Potter supported by Duncan the resolution, be adopted.
Moved by They supported by Choyz the resolution be laid on the table
until such time that the State Legislature can act on the amendments to
Act No. 140, P. A. 1961-
A sufficient majority having voted therefor, the motion carried.
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