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HomeMy WebLinkAboutResolutions - 1992.12.10 - 19820MISCELLANEOUS RESOLUTION #92280 Date: December 10, 1992 BY: GENERAL GOVERNMENT COMMITTEE, Richard G. Skarritt, Chairperson IN RE: VILLAGE OF HOLLY/HOLLY TOWNSHIP ANNEXATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS The State Bank-Petitioner is the owner of certain property situated in the Township of Holly which is encircled by the Village of Holly; and WHEREAS The State Bank-Petitioner filed a Petition with the Clerk of the Board of Commissioners September 3, 1992 which meets the statutory requirement that it be considered not less than 30 days after filing; and WHEREAS The State Bank-Petitioner is requesting that the question of annexation of its Township property to the Village of Holly be voted upon by the affected electors; and WHEREAS it appears to the Board of Commissioners that the Petition satisfies the requirement of MCL 78.4. NOW THEREFORE BE IT RESOLVED that there being no general election scheduled in Holly Township or the Village of Holly within the statutory prescribed period of not less than 40 days nor more than 90 days from the adoption of this resolution, that the Board of Commissioners for the County fixes the 2nd day of March, 1993 as the date for a special election on the Petition for annexation. GENERAL GOVERNMENT COMMITTEE Estebirstled ege) THE STATE BANK One Fenton Square • Drawer E • Fenton MI 4E3430-0725 • Phone 33-529-2253 HOLLY TOWNSHIP 102 CIVIC DR. HOLLY, MICHIGAN 48442 ATTN: DR. GREIG DEAR DR. GREIG, PLEASE ACCEPT THIS LETTER AS NOTIFICATION OF THE STATE BANKS REQUEST TO ANNEX PROPERTY LOCATED AT 4249 GRANGE HALL RD., HOLLY,MICHIGAN 48442 (LEGAL DESCRIPTION ATTACHED). THE LOCATION OF THIS UNIQUE PIECE (TOWNSHIP SURROUNDED BY VILLAGE) SEEMS TO WARRANT CONSIDERATION OF THIS REQUEST. PLEASE LET ME KNOW WHAT DOCUMENTS/PROCEDURES ARE NEEDED TO SUBMIT THIS TYPE OF REQUEST. I WOULD BE AVAILABLE TO MEET WITH YOU AT YOUR CONVIENCE TO DISCUSS THIS MATTER. S I NCEREP2 D. BRADLEY VICE PRESIDENT By: John Bradley Its: Vice President PETITION FOR ANNEXATION TO: Oakland County Board of Commissioners The undersigned, as the owner of more than one-half of the record legal title, excluding streets, of land in the area described below hereby petitions the Oakland County Board of Commissioners to adopt a resolution providing that the question of making a proposed change of boundaries, annexing the property described below to the Village of Holly, be submitted to the qualified electors of the district to be affected at the next general election or at a special election called for that purpose. The area and boundaries of the area proposed to be annexed to the Village of Holly are described as follows: T5N, R7E, Sec. 27, being part of the NW 1/4 beginning at a point distant 710.92 feet northerly along center line of Grange Hall Road from the easterly right of way line of the C & 0 Railroad and center line of Grange Hall Road, thence North 00 degrees, 11 minutes, 00 seconds East 419.55 feet, thence North 88 degrees, 09 minutes, 50 seconds East 258.03 feet, thence South 21 degrees, 38 minutes 20 seconds East 303.00 feet, thence southwesterly along center line of Grange Hall Road to the beginning. The undersigned further represents that there are no qualified electors residing within the area proposed to be annexed to the Village of Holly. STATE BANK Dated: t..,;;Ls ,2 J-1 - 92 r% 7,9 •- ; • n • ( Proud of our past, Confident in our future August 26, 1992 Lynn D. Allen Clerk & Register of Deeds County of Oakland 1200 North Telegraph Road Pontiac, MI 48341 Dear Mr. Allen: Pursuant to section 4 of the Home Rule Village Act [MCL 78.4; MSA 5.1514], a copy of which is enclosed herewith for your reference, I am forwarding to you a Petition For Annexation executed by State Bank_ The Petition seeks annexation of land owned by State Bank to the Village of Holly. As provided in section 4 of the Home Rule Village Act, the County Board of Commissioners can consider this Petition after thirty (30) days have passed since your receipt of same. Also enclosed for background information is a request for annexation by State Bank which was originally directed to the Holly Township Board of Trustees and a resolution adopted by the Holly Township Board of Trustees acknowledging their consent to such annexation. The Township resolution incorrectly refers to a section of the General Rule Village Act which is inapplicable herein as the Village of Holly is a home rule village, having adopted its charter under Act 278 of 1909. While the bank's petition to the Township and the Township's resolution are provided for background, they are of no legal consequence as no action by the Holly Township Board is required for the subject property to be annexed to the Village. What is required is the adoption of a resolution by the County Board of Commissioners approving the Petition and directing that the issue be submitted to the voters in the district to be affected. 202 S. Saginaw St., Holly, Michigan 48442-1649 (313) 634-9571 Lynn D. Allen August 26, 1992 Page 2 If you, the County Board, or its staff have any questions in this regard, please contact the ViU.age Attorney, Richard J. Figura, at 432 North Saginaw Street, Tenth Floor, Northbank Center, Flint, Michigan 48502-2032; (313) 234-3633. Thank you for your cooperation. Sincerely, Ruth Ann Hines, CMC Clerk/Treasurer RAH Enclosures cc: Village Council Village Attorney Resolution # 92280 December 10, 1992 • In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 10th day pf) D Lynn/D. Allen, County Clerk Moved by Skarritt supported by Johnson the resolution be adopted. AYES: Skarritt, Aaron, Bishop, Crake, Gosling, Huntoon, Jensen, Johnson, McConnell, McCulloch, McPherson, Millard, Moffitt, Obrecht, Olsen, Pappageorge, Pernick, Price, Schmid, Serra. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution 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 December,10. 1992 with the original record thereof now remaining in my office.