HomeMy WebLinkAboutResolutions - 2000.04.06 - 25921April 6, 2000
MISCELLANEOUS RESOLUTION # 00071
BY: PLANNING AND BUILDING COMMITTEE
CHARLES PLAMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER -
TRANSFER OF JURISDICTION OF THE HUNTOON DRAIN
TO THE CITY OF AUBURN HILLS
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 township, 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 in which such drain is
located."
WHEREAS, the City of Auburn Hills, by resolution, dated July 12, 1999, formally
requested that Oakland County relinquish jurisdiction over the Huntoon Drain to the City of
Auburn Hills, and
WHEREAS, there is no outstanding indebtedness or contract liability associated with
the Huntoon Drain; and
WHEREAS, the Huntoon Drain is located entirely within the boundaries of the City of
Auburn Hills.
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 City of Auburn Hills of the
Huntoon 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
Motion carried unanimously on a roll call vote.
411i
SECREST, WARDLE,LYNCH, HAMPTON,
TRUEXAND1WORLEY
Counselors at Law
30903 Northwestern Highway
P.O. Box 3040
Farmington Hills, Michigan 48333-3040
Telephone (243) 851-9500
Fax (248) 851-2158
July 30, 1999
•
WILLIAM P. HAMPTON
RECEIVED
AUG 02 1999
AND COUNTY
DR_A_P___i CO
833 Kenmoor DrIve, S E
Grand Rapids, MI 49546-2373
(616) 285-0143
Fax (6)6)285-0145
3051 Commerce Drive
P.O. Box 596218
Port Huron, MI 48059:6281
(810)385-8888
Fax (8)0)385-9593
IP 0%
itib PI
Mt Clerrfens.4M1 48114-3-7903
(810) 465-71so
Fax (8)0) 465-0673
7335 Westshire Dr. Suite 103
Lansing, MI 48917.9764
1517)627-1881
Fax (5)7)627-1387
Original:
cc: Mr. George W. Kuhn
Oakland County Drain Commissioner
1 Public Works Drive
Waterford, MI 48053
RE: Huntoon, Maplehurst and Harmony Drains
Our File No: 3177 HN5
Dear George:
Harmony Drain ^,
Huntoon Drain
Maplehurst Drain
J Porter
W Klockow
J Kozma
D Buchholz
J Everhardus
I enclose herewith a resolution of the City of Auburn Hills wherein they seek to assume
jurisdiction and control over the Huntoon drain, Harmony drain and Maplehurst drain. The
applicable statutes are 280.395 and 280.478, copies of which I attach for your convenience.
Pursuant to 280.395 we have written to the Chairman of the Oakland County Board of
Commissioners asking that they adopt a resolution relinquishing jurisdiction over the two
drainage districts which come under their jurisdiction which is the Harmony drain and
Maplehurst drain. Once the Board of Commissioners adopts a resolution and inasmuch as the
City of Auburn Hills has already adopted a resolution, then it is up to the respective drainage
boards of the three drainage districts to act upon the resolutions and relinquish jurisdiction and
control provided there is no outstanding indebtedness or contract liability of the drainage district.
As you can see from the enclosed City of Auburn Hills resolution the City is prepared to
pay or reimburse to each drainage district those costs which have been incurred but not yet paid
since the establishment of each drain which cost shall be paid to the drainage district at the time
of the execution of a contract relinquishing jurisdiction.
In summary, please consider the enclosed resolution from the City of Auburn Hills a
request for the subject drainage districts to relinquish jurisdiction to the City. As soon as the
Board of Commissioners acts on our request and adopts a similar resolution it will be forwarded
to you. Once you have the resolutions from both the City and the Board of Commissioners then
it would be appropriate to call a meeting of the drain board for the Huntoon drain, the Harmony
drain and the Maplehurst drain in order to act upon the City's request.
Page 2
George W. Kuhn
July 30, 1999
Should you have any further questions in this regard please do not hesitate to contact me.
Very truly yours,
William P. Hampton
WPH:tas
Enclosure
cc: Bill Ross
99-22
CITY OF AUBURN HILLS
RESOLUTION
JURISDICTION OF DRAINS
At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan,
held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills MI 48326 at 7:30 p.m., on the 12th
day of July, 1999
The following resolution was offered by Councilperson Cooper and supported by Councilperson
Knight:
WHEREAS, previously the City Council of the City of Auburn Hills adopted resolutions requesting
the Oakland County Drain Commissioner's office to establish intracounty and county drains pursuant to
Chapter 4 and 20 of the Drain Code of 1956, MCL280.1; MCL280.71; and MCL280.461; and
WHEREAS, pursuant to Chapters 4 and 20 of said Drain Code, MCL280.461 and MCL280.71,
drainage districts were established for the following county drains located in the City of Auburn Hills:
Huntoon Drain, Harmony Drain and Maplehurst Drain; and drainage boards were established for each
drainage district pursuant to the terms of the Drain Code; and
WHEREAS, the City Council for the City of Auburn Hills, pursuant to MCL280.478 and
MCL280.395, is desirous of having the drainage board for said three drainage districts relinquish
jurisdiction and control over said drainage projects and it is the intent of this resolution to specifically
request such relinquishment of jurisdiction to the hereinabove mentioned drainage boards.
NOW, THEREFORE be it resolved that the City Council of the City of Auburn Hills hereby
requests:
a. That the drainage board for the Huntoon Drain, the Harmony Drain and the Maplehurst Drain
relinquish jurisdiction and control over each drainage project and specifically assign
jurisdiction and control to the City of Auburn Hills, a Michigan municipal corporation. Further
that the County Board of Commissioners adopt a resolution concurring in said transfer
pursuant to MCL280.395 as to the Harmony and Maplehurst Drain.
b. That the City Manager be authorized to negotiate a contract with the drainage board for each
drainage district wherein the City of Auburn Hills shall assume jurisdiction and control
together with the maintenance and operation of said drainage districts. Furthermore that such
contract shall provide that the City of Auburn Hills shall pay or reimburse to each drainage
district those costs which have been incurred but not yet paid since the establishment of each
drain which cost shall be paid to the drainage district at the time of the execution of a contract
relinquishing jurisdiction.
Resolution #00071 April 6, 2000
Moved by Palmer supported by Melton the resolution be adopted.
AYES: Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt,
Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel,
Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway,
Garfield, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
ir FOREGOING RESOLUTION]
g//e/Gre
w Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 April 6, 2000 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 of April, 2000.
' I 1
G.t William Caddell, County Clerk