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HomeMy WebLinkAboutResolutions - 1964.06.22 - 20420June 22, 1964
RESOLUTION #433Y
BY: WAYS AND MEANS COMMITTEE and DRAIN COMMITTEE
RE: SHARKEY DRAINS
TO TW7. OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, proceedings have been taken by the Inter-County
Drainage Board for the location, establishment and construction of
the Sharkey Relief Drains under the provisions of Chapter 21 of Act
No. 40 of the Public Acts of Michigan of 1956, as amended, pursuant
to a petition filed by the City of Warren in Macomb County and the
City of Madison Heights in Oakland County on November 16, 1961; and
WHEREAS, the said Drainage Board for the Sharkey Relief Drains
by resolution adopted or March 11, 1964, authorized and provided for
the issuance of bonds in the aggregate principal amount of 81,460,000
in anticipation cf the collection of an equal amount of special
assessments against the City of Warren in Macomb County and the City
of Madison Heights and the County of Oakland in Oakland County as the
share of each such public corporation in 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 the Sharkey Relief
Drains Bonds, are to be dated April 1, 1964, will bear interest at a
rate net exceeding 5%, and will be subject to prior redemption at
times and prices specified in the said resolution of said Drainage
Board authorizing their issuance; and
WHEREAS, Section 526 of Chapter 21 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 beard 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 any other evidence of
indebtedness have been Issued to finance a pro-
ject, 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 neces-
sary to obtain from this Board a resolution consenting to the pledge
of the full faith and credit of Oakland County on the share of the
aforesaid bonds issued in anticipation of assessments against the
City of Madison Heights and teeGounty of Oakland; and
WHEREAS, the said drainage project is immediately neces-
sary to protect and preserve the public health and therefor it is
in the best interest of the County of Oakland that said bonds be
so sold.
NOW, TBRREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF OAKLAND, MICHIGAN:
1. That pursuant to the authorization provided in Section
526 of Chapter 21 of the Drain Code, the Board of Supervisors of
the County of Oakland does hereby irrevocably pledge and agree that
In the event either the City of Madison Heights or the County of
Oakland fails or neglects to account to the County Treasurer of the
County of Oakland for the amount of any installment and interest for
the Sharkey 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.
g
.John L. Carey
2. That in the event that, pursuant to said advancement
pledge, 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 actions and proceedings 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.
MR. CHAIRMAN, on behalf of the Ways and Means Committee and
the Drain Committee, I move the adoption of the foregoing resolution.
WAYS AND MEANS COMMITTRP.
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DRAIN COMMITTEE
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James Clarkston
Harry W. Horton i , William K. SMith
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CharIes B. t&ards, Jr.
T. Duncan
#4339
Moved by Levinson supported by Michrina the resolution be
adopted.
AYES: Allerton, Alward, Bachert, Bloc, Brewer, Campbell, James Carey,
John Carey, Case, Charteris, Cheyz, Clarkson, Davids, Demute, Dewan, Dohany,
J. W. Duncan, WM. Duncan, Durbin, Edwards, Forbes, Fouts, Goodspeed, Hagstrom,
Hall, Hamlin, Heacock, Hudson, Hursfall, JUlian, Kennedy, Kephart, Knowles,
Laurie, Lessiter, Levin, Levinson, Linley, Maier, Marshall, MeAvoy, McCartney,
McGovern, Melchert, Mercer, Michrina, Miller, Mitchell, Moore, OtDonogbue,
Oldenburg, Patnales, Perinoff, Potter, Potthoff, Powers, Rehard, Remer,
Rhinevault, Simson, Slavens, Smith, Solley, Tapp, Terry, Tiley, Tinsman,
Travis, Turner, Voll, Webber, Wood, Woods, Yockey. (74)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution
was adopted.