HomeMy WebLinkAboutResolutions - 1977.04.28 - 13036()Bert Page, Chairman
March 17, 1977
REPORT
BY: General Government Committee
RE: Resolution #7840, Amendments to Act 185 of Public Acts of 1957
TO: The Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General government Committee, having reviewed Resolution 07840,
recommends that said resolution be adopted; and further recommends that prior
to such adoption it be amended by the Board of Commissioners to add the
following language prior to the present capitalized wording on Page 3 of
that resolution:
OR THE DRAIN COMMISSIONER OR THE PUBLIC WORKS COMMIS SI ONER.
The General Government Committee, by Robert Page, Chairman, moves
the acceptance of the foregoing report.
GENERAL GOVERNMENT
amended to read as follows:
Miscellaneous Resolution 7840
IN RE: AMENDMENTS TO ACT 185 OF PUBLIC ACTS OF 1957 .
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland operating under Act 139 of Public Acts of 1973
cannot use Act 185 of Public Acts of 1957 for the construction, improvement, maintenance
and operation of sewage dispcAal systems, water supply system, refuse system, lake
improvements and erosion control; and
WHEREAS municipalities in Oakland County wish to construct and improve their
public works facilities under Act 185 of Public Acts of 1957; and
WHEREAS Robert A. McConnell recommends the proposed amendment to Section 2
of Act 185 of Public Acts of 1957.
A b111 to amend section 2 of Act NO. 185 of the Pub 177,.c.
Acts of 1957, entitled as amended
"An. act to authorize the establishing of a department and board of
public works in_ counties; to prescribe the 'pwers and .. duties of any
municipality subject to the provisions of this act; to authorize
the incurring of contrac't obligations and the issuance and payment
of bonds or notes; to provide for a pledge by a_ municipality of its
füll faith and credit and the levy of taxes without limitation as
to rate or amount to the extent necessa -ry; to validate obligations
issued; and to prescribe a procedure for special assessments and
condemnation,"
section 2 as amended by Act No 200 of the .Public Acts
section 123.732 of the Compiled Laws of 1970.•
f 1974, 'bait:::
THE PEOLDT,P, OF THE STATE OF -MICHICMT ENACT:_
Section 1. Section 2 of Act No. 185 of the Priiiic Ac
of 1957- section 2 as amended by Act No 200 of the Public actsof
1974, being section 123.72 of the Compiled Laws of 17O,. is _
-
adopted by a 2/3 vote of its members elect, may establish
Sec. 2. The County board
. .
f commissioners, byresolution
•
aAdepartment.df public works the adMinistration of the po ers:
_
conferred upon the county by the terms of this act.
-
The department of public works shall be under the general control
of the county board of commissioners and under-:t immediate.,
control of a board of public works consisting of 3, 5 or 7 members - ,
who shall be appointed or removed by the eounty board of commission-s
Members of the county board of commissioners may be al5pointed .-as -rob.,:
- of the board of public works. Tenure of office on the board of -
public works shall automatically terminate whenever he is no longer a
nember of the county board of commissionel-s The size of the board of
- _
...-ipdblic-works'shall be determined byothe codnty boerd of-coMmiss-7ors.
In the first instance, in case of a 3-member board, members shall be
-appointed for terms ending I year years and 3 years from the follow-
ing January 1 ; in the case of a 5-7-member board, I member shall be
appointed for a term ending I year, 2 members for a term ending 2 veal-<
and 2 members for ,a term ending 3 years ; from the following January
and In the case ofa 7-:member board, 2 members shall be appointed for
term ending I.year., 2 members for.a term ending 2 years, and .3 members
. _
. for a term ending 3 years, from the following January- lo.oThereafter-
each member shall be appointed for a term of 3 years.o:Each termH sball
expire at noon on January 1 but each member shall hold office until hi:
successor is appointed and qualifies vacancy shall be filled by th
county board of commissioners for the unexpired te_cm. 11f there is a
county drain commissioner in any county having a department -of public
uorks, then he shall be appointed as a-member of the board of public
-works, provided his membership on the board shall teiiainate when he
ceases to be county drain commissioner. Notwithstanding any other pro
visions of this act, the county board of commissioners, by resolution
adopted by a 2/3 vote of all its members, may designate or remove the
7
_board of county road commissioners OR THE APPOINTED COUNTY .11.L2ZGER
'THE ELECTED COUNTY EXECUTIVE HOLDING OFFICE" PURSUANT TO _ACT NO.. 139 OF
TEE PUBLIC ACTS OF 1973, BEING SECTIONS 45_551 to 45.573 OF THE macHIGA11
COMPILED LAWS OR THE PUBLIC WORKS COMMISSIONER DESIGNATED OR ELECTED AND
HOLDING OFFICE PURSUANT TO ACT NO 170 OF THE PUBLIC ACTS OF 1974, BEING
SECTION 280_21 OF THE NICHIGRN CUAPILED LAWS to be the board of public.
'works Instead of the board of public works as provided for in this
_section, and after the adoption of the resolution the board of county
. A road commissioners OR THE COUNTY -MANAGER OR THE COUNTY EXECUTIVE OR 'ifits..1
PUBLIC WORKS COMMISSIONER shall be the board of public works for that
.county with all the authority, powers, and duties conferred by law :•. . _
upon the board of public. works_ The board of public works shall be _
- deemed an agency of the county.. The county boardof commissio3 -1-7-s_
- -
-,s17.all make such rules in respect to the departmelit -of public worzs
as It shall deem advisable The members of the board of public -works
shall not be full-time officers of the county and the duties Of the
county drain commissioner or.of .any .county•road commissioner
serves r on the board of publicworks .a±e declared to be additioqala.E-1
separate duties not compensated for by the established salary, or.
per diem of the commissioner. The compensation of all members shall
be fixed by the county bOard of commissioners.
NOW THEREFORE BE IT RESOLVED that the County of Oakland Board of Commissioners
request that the State legislature take immediate action to amend Section 2 of Act 185
of the 1957 Public Acts in accordance with this resolution; and
BE IT FURTHER RESOLVED that certified copies of this resolution be
forwarded to the County's State legislators and the County Legislative Agents.
1, Robert A. McConnell, move the adoption of the foregoing resolution.
Robert A. McConnell
fyiti,c,„0.
#7840 April 28, 1977
28th this
Moved by Page supported supported by Gorsline the resolution be adopted.
AYES: Wilcox, DiGiovanni, Gabler, Gorsiine, Kasper, Kelly, Lanni, McConnell,
McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Peterson, Price,
Roth, Simson. (20)
NAYS: Aaron, Daly, Doyon, Fortino, Perinoff, Pernick. (6)
A sufficient majority having voted therefor, Resolution 0840 was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #7840 adopted by the Oakland County Board of .0.06•••,•••••• 0000000000 ........ ••a•Oareee ea. aerpa••. 000000000000
Commissioners at their meeting held on April 28, 1977,
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with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of. said County at Pontiac, Michigan
day of...8Pril
Lynn D. Allen Clerk
By Deputy Clerk
REBY APPROVE THE FOREGI1N9ESOLUTON
niel t 44yrOhy,