HomeMy WebLinkAboutResolutions - 1998.02.12 - 25354, February 12, 1998 , . .
Miscellaneous Resolution # 98009
BY: PLANNING AND BUILDING COMMITTEE
CHARLES E. PALMER, CHAIRPERSON
IN RE: OAKLAND COUNTY WATER, SEWER AND SEWAGE DISPOSAL
SYSTEM (AUTHORIZATION TO GRANT, VACATE, OR MODIFY
EXISTING EASEMENTS FOR PUBLIC WORKS PROJECTS ON
OAKLAND COUNTY PROPERTY)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland in exercise of the powers conferred by the terms of
Act 185, Public Acts of Michigan, 1957, as amended, has acquired, constructed and financed
numerous water supply and sewage disposal systems within the County, has improved, enlarged
and extended said systems and in certain cases has contractually undertaken the responsibility of
operating and maintaining the systems; and
WHEREAS, this Board of Commissioners by Miscellaneous Resolution No. 7580, adopted
June 3, 1976, established, pursuant to the provisions of Act 342, Public Acts of Michigan, 1939,
as amended, a county-wide system of water, sewer and sewage disposal improvements and
services to be known as the Oakland County Water, Sewer and Sewage Disposal System and
designated the County Drain Commissioner as the County Agency for the System; and
WHEREAS, the County Drain Commissioner as County Agency is authorized to take all
steps necessary to acquire, construct and finance (under and pursuant to the provisions of Act 342,
Public Acts of Michigan, 1939, as amended) water, sewer and sewage disposal systems as may
be requested from time to time by cities, village; and townships within the County of Oakland,
including the improvement, enlargement, modification and extension of said systems; and
WHEREAS, from time to time, the Cot nty Drain Commissioner is requested by said
cities, villages and townships served by the Oakland County Water, Sewer and Sewage Disposal
System to grant easements in, on, under or through property owned by the County of Oakland to
improve, enlarge, extend or modify a water, sewer or sewage disposal system; and
WHEREAS, from time to time, the County Drain Commissioner also receives requests
from utility companies to grant easements in, on, under or through property owned by the County
of Oakland to facilitate the installation of utility service to Oakland County residents whose
property abuts or is in the vicinity of a water, sewer or sewage disposal system; and
WHEREAS, from time to time, as a result of actions taken to improve, enlarge, extend
or modify a water, sewer or sewage disposal system, easements granted in favor of the County of
Oakland must be vacated to facilitate the acquisition of new or amended easements that reflect such
changes in and to said systems; and
WHEREAS, from time to time, the Co Inv Drain Commissioner also is requested to
vacate easements granted in favor of the County which are not used or needed for the construction,
replacement, or operation of water, sewer or sewage disposal systems due to various
circumstances, including modifications in or changes to said systems; and
WHEREAS, to facilitate and expedite the implementation of the above described actions
involving the vacation and/or modification of public works easements in, on, under or through
property owned by the County of Oakland, it is now desirable and appropriate for this Board of
Commissioners to grant to the County Drain Commissioner, as County Agency, the authority to
act on such routine requests without having to seek authorization from the Board of
Commissioners for each request, via the resolution process.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of
Commissioners does hereby authorize and empower the County Drain Commissioner, as County
Agency for the Oakland County Water, Sewer and Sewage Disposal System to:
(1) grant easements to cities, villages and townships within the County of Oakland, in,
on, under or through property owned by the County in connection with the improvement,
enlargement, extension or modification of an existing water, sewer or sewage disposal system;
(2) grant easements to utility companies in, on, under or through property owned by
the County of Oakland to facilitate the installation of utility service to Oakland County residents
whose property abuts or is in the vicinity of a water, sewer or sewage disposal system;
(3) vacate existing easements granted in favor of the County of Oakland to facilitate
the acquisition of new or amended easements that reflect changes in and to existing water, sewer
or sewage disposal systems as a result of actions taken to improve, enlarge, extend or modify said
systems; and
(4) vacate easements granted in favor of the County which are not used or needed for
the construction, replacement, or operation of water, sewer or sewage disposal systems due to
various circumstances, including modifications in or changes to said systems;
BE IT FURTHER RESOLVED that the Drain Commissioner provide a list to the
Planning and Building Committee of those easement grants or modifications authorized by him as
those actions are undertaken.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Drain Commissioner to execute all necessary documents relative
to these actions.
CHAIRPERSON, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
f•
Resolution #98009 February 12, 1998
Moved by Huntoon supported by Jacobs the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Fracassi, Garfield, Holbert. (22)
NAYS: Douglas. (1)
A sufficient majority having voted therefor, the resolution was adopted.
,efri
HE FOREGOING RESOLUTION
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 February 12, 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 12th day,of Februqu tap
D. Allen, County Clerk