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HomeMy WebLinkAboutResolutions - 2006.09.21 - 28314t ft ARP September 21, 2006 MISCELLANEOUS RESOLUTION 106178 BY: Planning and Building Committee. Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROVE THE METHOD OF FINANCING THE BUSH LAKE NORMAL LAKE LEVEL PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WI-IEREAS, the Circuit Court for the County of Oakland, by Court order on July 14, 2006 established the normal lake level for Bush Lake, located in Holly Township and the Village of Holly, as 913.6 (NGVD 1929), pursuant with the provisions of Part 307. Inland Lake Levels, of the Natural Resources and Environmental Protection Act (NREPA); and WHEREAS, said court order states that the level will be sustained with a new lake level control structure; and WHEREAS, said court order confirmed the boundaries of the special assessment district as described in the Petition of the Oakland County Board of Commissioners; and WHEREAS, the office of the Drain Commissioner, as the delegated authority, recommends to defray the cost of establishing and maintaining a normal level for Bush Lake by special assessments against the following that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality; and WHEREAS, if the County Board determines that a special assessment district is to be established, the office of the Drain Commissioner, as the delegated authority, shall compute the cost of the project and prepare a special assessment roll. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN, as follows: I. The cost of establishing and maintaining the normal level of Bush Lake shall be defrayed by special assessments against the following that are benefited by the project: privately owned parcels of land, political subdivisions of the state and state owned lands under the jurisdiction and control of the Michigan Department of Environmental Quality. 2. The delegated authority is authorized to compute all costs relating to the establishment and maintaining the normal level for Bush Lake (-Project Cost") and prepare a special assessment roll. 3. The delegated authority shall proceed with a public hearing on the Project Cost and special assessment roll in accordance with Part 307 of the Michigan Natural Resources and Environmental Protection Act (MCL 324.30701 et seq.). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried unanimously on a roll call vote with Hatchett absent Resolution #06178 September 21, 2006 Moved by Moss supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted. AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. I HEREBY APPROVE PA FORE6O/411BM, STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 September 21, 2006, 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 21st day of September, 2006. 0 Ruth Johnson, County Clerk