The URL can be used to link to this page

Home My WebLink AboutResolutions - 1976.05.20 - 14290H.!non May 20, 1976 Misc. Res. # By: General GL v-;rnment Committee-Robert A. Button, Chairman In Re: AMENDMENTS TO ACT 185, P.A. 1957 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Ocrt:e ,..e., Whereas, the General Gove,ment Committee recommends that the attached proposed a!,1,,21clment to Section 2 of Act 185, P.A. 1957, be adopted with the following am.' Page 2, line 20, delete "OR THE APPOINTED COUNTY MANAGER OR"; Page 2, line 21, delete the entire line; Page 2, line 22, delete the entire line; Page 2, line 23, delete the words "COMPILED LAWS"; Page 2, line 28, delete the words "OR THE COUNT - OR THE COUNTY EXECUTIVE". NOW THEREFORE BE IT RESOLVED that the Oakland County Board o r -s that the State Legislature take immediate action to amend Section 2 ol Act 185 of the 1957 Public Acts in accordance with thk BE IT FURTHER RESOLVED that certified copies of this resolution be f ,-jed .:-o the State Legislators and the County Legislative Agent. The General Government Committee, by Robert A, Button, Chairman, moves the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE rnr:1 A bill to amend section 2 of Act No 185 ofthe Public ts of 1957, entitled as amended An act to authorize the establishing of a department andboard of public works in. counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a . municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments an condemnation," section 2 as amended by Act No. 200 of the Public Acts of 1974, being section 123.732 of the Compiled Laws of 1970. - THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Section 1. Section 2 of Act No. of the Public Acts of 1957, section 2 as amended by Act No. 200 of the Public acts of 1974, being section 123.732 of the Compiled Laws of 1970, is - • amended to read as follows: Sec. 2. The county.board.of commissioners, by resolution adopted by a 2/3 vote of its members elect, may establish - a department of public works for the administration of the powers conferred upon the county by the terms of this act. Hcw-ftveafy-th appieable—Ea-tiy-eotimy-havng-a-pepttIabn-ef-1 -e,ete—Ehv_n-I-7000700i37- The department of public works shall be under the general control o f th e county board of commissioners and under-:the_immediate, control of a board of public works consisting of 3, 5 or 7 . members who shall be appointed or removed by the County board of commissioner-- Members of the county board of-,commissioners may be a6pointed-as members of the board of public works. Tenure of office on the board of public works shall automatically terminate whenever he is no longer a nemher of the county board of com -:aissionesrsc The size of the board of .fl.: - public works•shall be determined by thecounty board of ,commissioners. In the first instance, in case of a 3-member board, members shall be appointed for terms ending 1 year, 2 years and 3 years from the fdlJow- ing January 1; in the case of a 5-member board, 1 member shall be _appointed for a term ending 1 year, 2 members for a term ending 2 years. and 2 members for .a term ending 3 years, from the following January 1; -and in the case of a 7-member board, 2 members shall be appointed for a term ending 1 year, 2 members for a . term ending 2 years, and 3 members for a term ending 3 years, from the following January1. Thereafter each member shall be appointed for a term of 3 years. Each term shall -expire at noon on January 1 but each member Shall hold office until his successor is appointed and qualifies. A vacancy shall be filled by the _county board of commissioners for theunexpired term. If there is a county drain commissioner in any county having a department of public Works, then he shall be appointed as a -member of the board of public -works, provided his membership on the board Shall terminate 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 board of county road commissioners OR THE APPOINTED COUNTY MANAGER OR THE ELECTED COUNTY EXECUTIVE HOLDING OFFICE PURSUANT TO ACT NO. 139 OF THE PUBLIC ACTS OF 1973, BEING SECTIONS 45.551 to 45.573 OF THE MICHIGAN 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 MICHIGAN COMPILED 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, road commissioners OR THE COUNTY .MANAGER OR THE COUNTY EXECUTIVE OR THE -PUBLIC WORKS COMISSIONER shall be the board of public works for that te • county with all the authority, powers, and duties conferred by law upon the board of public works. The board of public works shall be _ - . - -2- deemed an agency of the county. The county board of commissioners shall make such rules in respect to the department of public works 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 who serves on the board of public works are declared to be additional and 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.- #7560 Moved by Button supported by Daly the report be accepted and resolution #7560 be adopted. - Discussion followed. A sufficient majority having voted therefor, the report was accepted. Moved by Lennon supported by Fortino the resolution be amended as follows: . Page 2, line 20, delete "OR -!IE APPOINTED COUNTY MANAGER OR"; Page 2, line 21, delete the e.etire line; Page 2, line 22, delete the eetire line; Page 2, line 23, delete the words "COMPILED LI Page 2, line 28, delete the words OR THE 7 R THE Discussion followed. The Chairman vacated the chair. The Vice Chairman took the chair. Vote on amendments: AYES: Lennon, Olson, Perinoff, Pernick, Price Roth, Simmons, Wilson, Aaron, Button, Daly, Dearborn, Douglas, Fortino, Hoot. (15) Kasper, McDonald, Moffitt, Montante, Murphy, Nowak, Page, Patterson, Dunleavy, Gabler, Houghten. (11) A 'sufficient majority having voted therefor, the motion carried. Vote on resolution as amended: AYES: Lennon, Olson, Perinoff, Pernick, Price, Roth, Simmons, Wilson, Aaron, Button, Daly, Dearborn, Douglas, Fortino, Hoot. (15) - •S: McDonald, Moffitt, Montante, Murphy, Nowak, Page, Patterson, DunleavY, Gabler, Houghten, Kasper. (II) A sufficient majority having voted terefor, the resolution as amended, 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 Resolution #7560 adopted by the Oakland County Board of Commissioners at • their meeting held on May 20, 1976. 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 Lynn D. Allen......................Clerk By ..................., ...... .......Deputy Clerk VEm„