HomeMy WebLinkAboutResolutions - 1998.08.06 - 25287August 6. 1998
MISCELLANEOUS RESOLUTION # 98175
BY: PLANNING AND BUILDING COMMITTEE
CHARLES PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER--
TRANSFER OF JURISDICTION OF THE FRANKLIN DRAIN
TO THE VILLAGE OF FRANKLIN
TO; THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, Chapter 17, Section 395 of Act 40 of the Public Acts of 1956, as amended, provides
that:
"The county drain commissioner may relinquish jurisdiction and control to a
township, city or village of any county drainage district upon which there is no
outstanding indebtedness or contract liability and which is wholly located within the
boundaries of a township, city or village, and thereafter the county drain
commissioner shall be relieved of, and the township, city or village shall assume, the
maintenance jurisdiction control and operation thereof and its future operation shall
be financed in the same manner as is provided for special assessment districts within
such township, city or village: Provided, that such proceeding shall have first been
approved by a majority of the members elect of the county board of supervisors and
by the resolution of the governing body of the township, city or village in which such
drain is located."
WHEREAS, the Village of Franklin, by resolution dated August 11, 1997, formally requested that
Oakland County relinquish jurisdiction over the Franklin Drain to the Village of Franklin; and
WHEREAS, there is no outstanding indebtedness or contract liability associated with the Franklin
Drain; and
WHEREAS, the Franklin Drain is located entirely within the boundaries of the Village of Franklin.
NOW, THEREFORE BE IT RESOLVED that pursuant to the provisions of Chapter 17, Section 395
of Act No. 40 of the Public Acts of 1956, as amended, the County Drain Commissioner be and is
authorized to relinquish jurisdiction to the Village of Franklin of the Franklin Drain and Drainage
District therefore.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote.
INTEROFFICE
FRANKLIN DRAIN
G. YRJANAINEN
W. KLOCKOW
J. SWEETLAND
J. KOZMA
J. ISAACS
32325 Franklin Road, Franklin, Michigan 48025
626-9666
July 30, 1997
Oakland County Drain Commission
One Public Works Drive
Waterford, MI 48328
FAX: 626-0538
Attention: Mr. Joseph Kozma
Re: Transfer of the Franklin Drain to the Village of Franklin
Dear Mr. Kozma:
On July 14, 1997, the Village of Franklin Council unanimously adopted
Resolution 97-134 instructing that a letter be written to the Oakland
County Drain Commission requesting that they abandon their rights and
control over the Franklin Drain (a.k.a. Carol Street Drain).
The Franklin Drain is wholly located within the Village limits of
Franklin. The Village is currently drafting a resolution which will be
voted on by the Village Council at the next scheduled Council meeting,
August 11, 1997. The resolution will request that all authority for
operation and maintenance for the Franklin Drain be granted to the
Village of Franklin.
A copy of the resolution, the Council vote, and the meeting minutes will
be forwarded to your offices following the scheduled August meeting. If
you have any questions, please contact our offices, or the Village's
engineer, Tom Biehl at Hubbell, Roth and Clark, Inc.
Very truly yours,
VILLAGE OF FRANKLIN
Kathy Marotta
Village Clerk
TB/km
cc: Tom Biehl
Village Council
August 18, 1997
Oakland County Drain Commission
One Public Works Drive
Waterford, MI 48328
4tit3 - 2 !19S7 •
-OAKLAND COUNTY- DR:-UNCONE•vMSIONER
INTEROFFICE
ORIGINAL: FRANKLIN
G. YRJANAINEN
W. KLOCKOW
J. SWEETLAND 32.325 Franklin Road, Franklin, Michigan 48025 J./KOZMA
SACS
2.‘
Cil.HVED
MX: 626-0558 626-9666
Attention: Mr. Joseph Kozma
Re: Transfer of Ownership of Franklin Drain to the Village of Franklin
Dear Mr. Kozma:
At the Regular August 11, 1997 Franklin Village Council Meeting, the
Council voted unanimously in favor of the following resolution, which
they would like presented to the Oakland County Board of Commissioners.
Council members present and voting affirmatively were: President
Jahnke, Trustee DeWalt, Trustee Gallasch, Trustee Pikulas and Trustee
Saltzman.
97-154
MOTION by Pikulas supported by DeWalt
RESOLVED: Whereas, the Oakland County Drain Commissioner's Office
currently operates and maintains the Franklin Drain within the Village
of Franklin; and
Whereas, the Oakland County Drain Ccmmissioner defrays the
cost of such operations and maintenance by increasing tax assessments to
property owners located within the legally established drainage
district; and
Whereas, the Village of Franklin maintains and inspects all
other stormwater facilities within the Village corporate limits; and
Whereas, the Village of Franklin wishes to acquire direct
control over the Franklin Drain; and
Whereas, the Village of Franklin would eliminate the
procedure and cost of securing County Drain Permits for work on or
adjacent to the Franklin Drain;
Now, therefore, be it resolved, that the Village of Franklin
shall, and hereby does, petition the Oakland County Board of
Commissioners to assign to the Village of Franklin, all authority for
operation and maintenance, together with all drain easements for the
Franklin Drain, located totally within the Village of Franklin.
4
Village of Franklin
If you require further information or have any questions, please feel
free to phone the Village Office. Meanwhile, I hereby certify that the
foregoing is a true and complete copy of a resolution adopted by the
Village Council of the Village of Franklin, County of Oakland, State of
Michigan, at a regularly scheduled meeting held August 11, 1997/ and
that said meeting was conducted and public notice of said meeting was
given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan 1976, and that the minutes of
said meeting were kept and will be or have been made available as
required by said act.
Very truly yours,
VILLAGE OF FRANKLIN
Kathy Marotta
Village Clerk
/km
cc: Tom Biehl, HRC
President Jahnke
Trustee Pikulas
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DESIGNED BY:
I DRAWN BY:
GEORGE W. KUHN
OAKLAND COUNTY DRAIN COMMISSIONER
ONE PUBLIC WORKS DRIVE, WATERFORD, MICHIGAN
48328-1907
DATE: 1 -21-4127
DRWG. NO. I
OF I
Resolution #98175 August 6, 1998
Moved by Palmer supported by Law the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman,
Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert. (24)
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 August 6, 1998 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 6th day o lfsat3ust 1 .
Lynn'D. Allen, County Clerk