HomeMy WebLinkAboutResolutions - 2020.09.03 - 33607MISCELLANEOUS RESOLUTION #20352 September 3, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: WATER RESOURCES COMMISSIONER — CAMPBELL NO. 2 DRAIN (FUND NUMBER 25059)
JURISDICTIONAL TRANSFER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Water Resources Commissioner's office maintains county drains
established under the Michigan Drain Code, P.A. 40 of 1956, as amended; and
WHEREAS it is the County of Oakland's desire to transfer jurisdiction to the City of Hazel Park, and the
City of Hazel Park desires to assume jurisdiction of the Campbell No. 2 Drain, a drain established under
the Michigan Drain Code; and
WHEREAS the Oakland County Water Resources Commissioner is agreeable and supportive of the
jurisdictional transfer from the County of Oakland to the City of Hazel Park; and
WHEREAS the Michigan Drain Code PA 40 of 1956 allows jurisdictional transfer under Section 395 with
approval from the County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
jurisdictional transfer of the Campbell No. 2 Drain, located in the City of Hazel Park, from the County of
Oakland to the City of Hazel Park.
BE IT FURTHER RESOLVED that no budget amendment is required.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
"4�A V 4ad
Commissioner Helaine Zack Oistrict #18
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
STATE OF MICHIGAN
OAKLAND COUNTY
CITY OF HAZEL PARK
RESOLUTION
WHEREAS, the Campbell No. 2 Drain("Drain") is an established county drain under the
Michigan Drain Code, MCL 280.1 e1 seg., with drainage facilities located within the boundaries
of the City of Hazel Park ("City") in Oakland County, Michigan; and
WHEREAS, there is presently no outstanding indebtedness or contract liability of the
Drainage District; and
WHEREAS, the City wishes to assumejurisdiction risdiction and control of a portion of the Drain
as described in Exhibit A ("Relinquished Portion of Drain"), and recognizes that it will assume
the maintenance, jurisdiction, control and operation of the Relinquished Portion of brain and all
costs attendant thereto; and
WIIEREAS, the Oakland County Water Resources Commissioner ("OCWRC") is
agreeable to relinquishing jurisdiction and control of the Relinquished Portion of Drain, provided
that all of the requirements of Section 395 have been met; and
WHEREAS, Section 395 of the Drain Code requires that before the relinquishment of the
Relinquished Portion of Drain to the City can occur, the City Council must approve the
relinquishment by resolution,
NOW THEREFORE BE IT RESOLVED THAT, pursuant to Section 395 of the Drain
Code, MCL 280.395, the City hereby authorizes the assumption of jurisdiction and control of the
Relinquished Portion of Drain from the Drainage Board to the City, and that the Mayor and Clerk
are authorized to sign all documents necessary to effectuate the relinquishment of jurisdiction and
control of the Relinquished Portion of Drain to the City.
Yeas:LeCureaux, Sullivan, Aubry, McFall, Webb
Nays: None
Abstain: None
Absent: None
Resolution No, #11-027-19
I, the undersigned, being duly qualified and acting Clerk of the City of Hazel Park, do hereby
certify that the foregoing is a true and eom tete copy of certaingroceedings taken by the City of
Hazel Park at a regular meeting held on the �day of. Nove er 20
James' Fi.nkley > Clerk)
City of Hazel Park
Date
Z
Exhibit A—Campbell No. 2 Drain
Portion to be relinquished to City of Hazel Park
Part of the South 1/2 of Section 25 and the Southeast 1/4 of Section 26, T.01 N., R. 11 E., Royal Oak
Township, now the City of Hazel Park, Oakland County, Michigan. Described as beginning at a point
located distant approximately 600 ft. South along the East line of Section 25 and approximately 40 ft.
West of the East 1/4 corner of said Section 25, City of Hazel Park. Thence from said Point of Beginning
running North along the West side Dequindre Road on a line parallel to and 40 ft more or less West of
the East line of said Section 25 to a point approximately 40 ft West and approximately 20 ft South of the
East 1/4 corner of said Section 25, City of Hazel Park; thence running west along the south side of
Woodward Heights Boulevard, South of the East and West 1/4 line of Sections 25 and 26 and North of
the South right-of-way line of Woodward Heights Boulevard (varies) a distance of approximately 6,480
ft. to a point of ending on the South side of Woodward Heights Boulevard and the East right-of-way line
of Interstate 75 and the Chrysler Service Drive including all appurtenances thereto.
Resolution #20352
September 3, 2020
Moved by Gershenson seconded by Zack the resolutions on the amended Consent Agenda be adopted
(with accompanying reports being accepted).
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted (with accompanying reports being accepted).
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1 HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 3,
2020, 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 Circuit Court at Pontiac,
Michigan this 3rd day of September, 2020.
Lisa Brown, Oakland County