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HomeMy WebLinkAboutResolutions - 1974.05.02 - 15233May 2, 1974 oman Robert F. ales, Chairman Miscellaneous Resolution BY: PUBLIC WORKS COMMITTEE - Robert F, Patnales, Ch IN RE: SUPPORT OF S. B. - COMBINATION OF DEPA7MENT OF PUBLIC WORKS AND NAIN OFFICE TO THE OAKLAND COUN TY BOARD OF COMMISSIONERS Chairman„ Ladies and Gentlemen: WHEREAS your Committee has considered S. B. #884 and has received the benefit of input from the County Department of Public Works and the County Drain Office; and WHEREAS your Committee recommends support of S. B. 384 provided that said proposed legislation is amended to a'l - - option of having an elected or appointed Commissioner and ti :` of retaining or eliminating the Board of Public \vorks by 1;ie Board of Commissioners; NOW THEREFORE BE IT RESOLVED that th( , of Oakland hereby supports S. B. if amended to provide the option of an elected or appointed Public Works Commissioner and the option of retaining or eliminating the Board of Public Works Ly the Board of Commissioners. The Public Works Committee, by Robert F. Patnaies, Chairman, moves the adoption of the foregoing resolution. PUBLIC WORKS COM/141717F #6669 May 2, 1974 Moved by .Patnales supported by Walker the resolution be adopted. Discussion followed, A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) ) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the Cdunty of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolution #6669 adopted by the Oakland County Board of Commissioners at their meeting held on May 2, 1974 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 3rd May 74 Lynn D. Clerk 3 October 17, 1973, Introduced by Senators BISHOP and LODGE and i.eferred to the Committee on Conservation, Environment and Tourism. A bill to amend section 21 of Act No. 40 of the Public Acts of 1956, entitled as amended The drain code of 1956," being section 280.21 of the Compiled Laws of 1970. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Section 1. Section 21 of Act No. 40 of the Public Acts of 1956, being 2 section 280.21 of the Compiled Laws of 1970, is amended to read as follows: Sec. 21. (1) At the general election to be held in November, • 1976, 4 and every fourth year thereafter, a county drain commissioner shall be elected 5 in every county having a drain commissioner by the qualified electors thereof. 6 The term of office of the commissioner shall begin on January 1 next following 7 his election and continue for a period of 4 years thereafter and until his suc- 8 cessor is elected and qualified. 9 (2) The county drain commissioner before entering upon the duties of hi s 3088* '73 when, in its judgment, the same may be desirable. The 6 amount board of—s4wp4s4c4-4,4144-COMMISSIONERS of any county COUNTY having a population of less than 12,000, by resolu- tion of a majority of the members elect, may abolish the office 2 office shall execute and file with the county clerk a bond to the people( - 2 the state in the penal sum of $5,000.00, issued by a surety company, licensed to -3 do business in this state, conditioned upon the faithful discharge of the du- 4 ties of his THE office. The COUNTY board of-s-urn..e..44.1 COMMISSIONERS of any county may fix the bond to be required of the commissioner at a different 5 7 8 9 10 of county drain commissioner and transfer the powers and duties of su-ch THE 11 office to the board of county road 12 commissioners. 13 (3) IF A COUNTY ESTABLISHES A DEPARTMENT OF PUBLIC WORKS PURSUANT TO ACT 14 NO. 185 OF THE PUBLIC ACTS OF 1957, AS AMENDED, BEING SECTIONS 123.731 TO 15 123.786 OF THE MICHIGAN COMPILED LAWS, OR A PUBLIC IMPROVEN7NTS AGENCY WITH THE 16 DRAIN COMMISSIONER DESIGNATED AS THE 'COUNTY AGENT PURSUANT TO ACT NO. 342 OF 17 THE PUBLIC ACTS OF 1939, AS AMENDED, 'BEING SECTIONS 46.171 TO 46.187 OF THE 18 MICHIGAN COMPILED LAWS, THE COUNTY BOARD OF COMMISSIONERS, BY RESOLUTION OF A 19 MAJORITY OF THE MEMBERS ELECTED AND SERVING, MAY CHANGE THE TITLE OF THE OFFICE 20 OF DRAIN COMMISSIONER TO PUBLIC WORKS COMMISSIONER. THE PUBLIC WORKS COMMIS- 21 SIONER SHALL BE ELECTED IN THE SAME MANNER AND FOR THE SAME TERM AS A DRAIN COM- 22 'MISSIONER AND SHALL CARRY OUT THE POWERS AND DUTIES OF A DRAIN COMMISSIONER. 23 (4) IF A COUNTY ESTABLISHES THE OFFICE OF PUBLIC WORKS COMMISSIONER AS 24 PROVIDED BY SUBSECTION (3), THE COUNTY BOARD OF COMMISSIONERS, BY RESOLUTION OF 25 A MAJORITY OF THE MEMBERS ELECTED AND SERVING, MAY COMBINE THE POWERS, DUTIES, 26 AND FUNCTIONS SET FORTH IN ACT NO. 185 OF THE PUBLIC ACTS OF 1957, AS AMENDE't. 27 ACT NO, 342 OF THE PUBLIC ACTS OF 1939, AS AMENDED, AND THIS ACT INTO 1 COUNTY 3088* '73 3 1 DEPARTMENT HEADED BY THE PUBLIC WORKS COMMISSIONER. SUCH A RESOLUTION MAY NOT 2 BE ADOPTED UNLESS THE COUNTY BOARD OF COMMISSIONERS HAS FIRST HELD AT LEAST 1 3 GENERALLY PUBLICIZED PUBLIC HEARING ON THE RESOLUTION. 3088* 173