HomeMy WebLinkAboutResolutions - 1970.03.05 - 16498to the Township of Orion be and the: same is hereby denied. $31,7
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ms Mathews
March 5, 1970
RRSCI••TION NO.
OAKLAND-ORTON ARPORI, REQUST TO
RETURN MONRY TO ORION TQWNSHIr.'
BY: :AVIATION AND TRANSPORTATION . COMMITTEE
TO T* OAKLAND COUNTY BOARD OF !iUmi.IWISORS
MR. CHAIRMAN, LADIES AND GENTLWN
W:h.1i Miscellano 17.o7ution No. 5227 was referred to thitz:
Coam4Atee; and
..1REAS, the Committee requested an opinion of the Corporation
CIT:m4e) to the legality of the payment of the sum of $31,730.3%
to the Township of Orion; and
WHERAS, the Opinion, a copy of which is attached liqret(), states
that the County may not make such payment to the Township of Orion
and to do so would be an illegal act.
NOW THRTtFORE BE IT RESOLVRD that the fluest contained in
Micellareous Resolution No 5227 for the payment of the sum of
41.R, CHAIRNAN, on behalf of the Aviation and Transportation Com-
mittee, I move the adoption of the foregoing resolution,
AVIATION AND TRANSPORTATION COMMITTEE
Ga3
December 23, 1969
Aviation and Transportation Committee
Oakland County Board of Supervisors
1200 North Telegraph Road
Pontiac, Michigan
ATTENTION: MR. WALLACE F. GABLER, CHAIRMAN
Gentlemen:
You have referred Miscellaneous Resolution No. 5227 to this office
for an opinion as to whether the County may legally do that which
is requested by said Resolution No. 5227. Briefly, Miscellaneous
Resolution No. 5227 requires the County to pay back in full to the
Township of Orion the sum of $31,750.32.
Without determining whether said sum is the amount due not only to
the Orion Township Government, but the Orion School District', and the
County as well, I an of the opinion that the County may not pay back
to the Township of Orion the sum of $31,750.32. I reach this con-
clusion because the property in question is exempt by virtue of the
provisions of M.S.A. 7.7 which reads as follows:
7.7 PROPERTY EXEMPT FROM TAXATION. Sec. 7. The fol-
lowing property shall be exempt from taxation:"
You will note that the language quoted states that property shall be
exempt from taxation. When the word ''shall" is used in a co=and to
a public official, it excludes the idea of discretion. (See Ladies
of the Maccabees v. Commissioner of Insurance, 235 Mich. 459.)
Further, the general rule in Michigan pertaining to whether "shall"
is mandatory or permissive is to be found in Sauder v. District
Board of School District No. 10, Royal Oak Township, Oakland County,
271 Mich. 413 0 wherein the rule is set forth that the word "shall"
as used in a Statute will be construed as meaning "may" where no
Mr. Gabler
Page -2-
12-23-69
public or private right is impaired by such construction. But, where
the public are interested or where the public Ca' third persons have a
claim de jut that the act shall be done, it is imperative and will be
construed to mean "must". The public, i.e. the people of Oakland
County, has an interest in the tax exemption status of the Oakland-
Orion Airport.
Therefore,
M.S.A. 7.7
petty must
tax roll.
am of the opinion that the word "shall" as used in
is mandatory, not discretionary; and therefore the pro-
have been taken off and still must be deleted from the
am further of the opinion that in the absence of express Statutory
authority authorizing the County to make a donation to a township
wherein county-owned tax exempt property lies; and I find no such
express authority, that it would be an illegal act on the part of
the County and its Board of Supervisors to appropriate money for that
purpose.
Trusting the foregoing answers your inquiry, I am
Very truly yours,
Robert F. Allen RPA:ck
cc: Mr. Charles B. Edwards, Jr.
Committee Members
Mr. Anton J. Guyer
Lynn D. Allen Clerk
1.11SCj.-DJUU
Mbved by Mathews supported by Aaron that :esolution No. 5227 for
payment of the sum of $31,750.32 be denied.'
.Discussion followed.
Upon request of Mr. O'Brien, Mr. Mathews read the opinion of Robert
P. Allen, Corporation Counsel on Misc. Res. No. 5227
Moved by O'Brien supported by Olson to amend the original motion to
refer to the Equalization Committee.
Vote on Motion to amend:
AYES: Brennan, Mastin, O'Brien, Olson, Patnales, Richards, Walker. (7)
_NAYS: Aaron, Coy, Grba, Hamlin, Horton, Houghten, Mathews, O'Donoghue,
Perinoff, Pernick, Powell, Richardson, Wilcox. (13)
A sufficient majority not having voted therefor, the motion to amend
failed. •
Discussion followed.
Vote on ,main motion to deny:
.AYES: Aaron, Brennan, Coy,Grba, Hamlin, Horton, Houghten, Mastin,
Mathews, O'Donoghue, Patnales, Perinoff, Pernick, Powell, Richards,
Richardson, Wilcox. (17)
NAYS: O'Brien, Olson, Walker, (3) .
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
s.
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that_l have compared the annexed copy of
iviiellaneous Resolution 1-5300 adopted by the Oakland County
Board of-Supervisors at their March 5, 1970 meeting,
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, laphi.cjan
this ninth day of March
Deputy Clerk