HomeMy WebLinkAboutResolutions - 1991.12.12 - 18435MISCELLANEOUS RESOLUTION #91279 December 12, 1991
BY: GENERAL GOVERNMENT COMMITTEE, RICHARD G. SKARRITT, CHAIRPERSON
IN RE: CLERK/REGISTER OF DEEDS - OAKLAND COUNTY MONUMENTATION
AND REMONUMENTATION PLAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the State Survey and Remonumentation Act, Act 345 of
the Public Acts of 1990, requires all counties to establish and
submit a model plan for the monumentation and remonumentation of
property controlling corners; and
WHEREAS after approval of the County model plan by the
Michigan State Survey and Remonumentation Commission, the County
will submit a work plan and grant application to implement the
model plan; and
WHEREAS the State estimates that grants will not be awarded
until January 1, 1993, but desires submission of the County model
plan at this time; and
WHEREAS submission of the County model plan does not obligate
Oakland County to implement the plan until grant funding by the
State has been awarded and accepted; and
WHEREAS a separate resolution will be presented to the Oakland
County Board of Commissioners at the time of grant application and
acceptance in accordance with Miscellaneous Resolution #89105,
Grant Application and Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached County model plan for the
monumentation and remonumentation of property controlling corners
and authorizes the Register of Deeds to submit the plan to the
Michigan State Survey and Remonumentation Commission.
BE IT FURTHER RESOLVED that implementation of the County
remonumentation plan shall not occur until State grant funding has
been provided.
Mr. Chairperson, on behalf of the General Government
Committee, I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Approved: kerwiE , 1991
OAKLAND COUNTY , BoA-dhof County Co issioners
MODEL COUNTY PLAN
MONUMENTATION AND REMO NTATION PLAN FOR
OAKLAND COUNTY, MICHIGAN
Prepared for the Implementation of Act 345 of 1990
N,
- Section Topic
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TABLE OF CONTENTS
Title Page oepeoce000641.00,006800eseewbee00,004.0
Table of Contents .................,.....• ii
I. Introduction - The Reason for this Plan . 1
Definitions ...... ...“00.4,00800400001,0600.45 2
Plan Objectives ............................. 4
IV. Plan Administration OefOgoe.“0000900..000000010 5
V. Plan Execution 00.0.00000080.1.0•00"0.00000000 7
VI. Work Program 0000selmaGeme000:0006000000006.00 8
VII. Perpetual Monument Maintenance Program ...... 9
VIII. Geodetic Densification and Maintenance Program 9
IX. Amending the Plan ........................... 10
X. Se7erability ................................ 10
XI. Appendices
A. Items Eligible for Grant Funds ......... 11
B. Procedure for Ratification of Corner Position 12
C. Minimum Standards for Monumentation 13
D. Minimum Standards for Corner Witnessing 13
V° 0
I. INTRODUCTION -- THE REASON FOR THIS PLAT
The adoption by the Board of County Commissioners of a "County
Monumentation and Remonumentation Plan" is a requirement of Act 345
of the Public Acts of 1990. When the State Legislature was
considering the adoption of Senate Bill 380 (which became Public
Act 345), the following "Supporting Ar ,ent" was presented by
nonpartisan Senate staff for use by the Senate in its
deliberations:
Implementing the county monumentation program would mark
the first time in 175 years that a consorted effort was
made to do this critically needed job. Since the 1850s,
there has been no statewide effort to validate corners,
even though surveyors' tools have advanced from a 33-foot
chain and a compass to a technological arsenal that
includes a device that gives automatic measurements of
angles between corners, and instruments that bounce a
signal off a satellite to determine the exact longitude
and latitude of a given point. Orderly, consistent
remonumentation with standardized markers would assist in
the documentation and planning of roads and utilities,
the (location) of public and private property, the
settlement of ownership claims and disputes, and the
provision of a central data base containing information
on counties and townships throughout the State.
,Completion of the remonumentation system in a county
would enable the county to implement a computerized
mapping system that would include the precise location of
roads, utilities, and property lines; the corners would
serve as the foundation for such a map. Further, the
remonumenting on a county-wide basis would be more
economical than contracting out a few corners at a time,
and individual surveys would be less expensive if
surveyors could rely on monumented corners.
The County must adopt a state-approved County Plan before it is
eligible for any state grants that will be available annually for
the monumentation and remonumentation work needed in the County.
The grants are made available from funds that the County must send
to the state regularly, beginning in January of 1991. The
companion Act 346, of the Public Acts of 1990, (Senate Bill 381)
provides for the collection of funds by each County's Register of
Deeds.
II. DEFINITIONS
The following words or phrases as used in this plan are those
contained in Act 345, of the Public Acts of 1990, with additions:
A) Act -- means Act 345, of the s .lic Acts of 1990, the State
Survey and Remonumentation Act, being Sections 54.261 to 54.279 of
the Michigan Compiled Laws.
B) Commission -- means the State Survey and Remonumentation
Commission created under Act 345 of the slic Acts of 1990.
C) Corner -- means a public land survey corner or a property
controlling corner.
D) County Representative -- means the Surveyor, whether elected or
appointed, holding the office of County Surveyor or, if no County
Surveyor, the Licensed Surveyor appointed to perform the duties
described in Section 9 of the Act.
E) County Surveyor -- means the Surveyor elected or appointed
within a county according to the requirements set forth in Section
95 of Chapter 14 of the Revised Statutes of 1846, being Section
54.95 of the Michigan Compiled Laws.
F) Global Positioning System (GPS) -- means a satellite-based
surveying system meeting the standards of the Federal Geodetic
Control Commission (FGCC).
G) Locate -- means to recover an existing corner which conforms to
the minimum standards specified herein.
H) Lost Corner -- means a previously established corner whose
position cannot be recovered beyond reasonable doubt, either from
traces of the original general land office marker or its
accessories or from acceptable evidence or testimony that bears
upon the original position, and whose location can be restored only
by reference to one or more interdependent corners.
I) Marker -- means the physical object which occupies the location
of a public land survey corner, a property-controlling corner, or
a horizontal or vertical control station.
J) Monument -- means to install a marker which meets or exceeds
minimum standards as specified herein.
K) Monumentation Surveyor -- means the Surveyor who is awarded a
contract to (a) perform research for and monument or remonument
markers or (b) establish horizontal and/or vertical control
markers.
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DEFINITIONS (continued)
L) Obliterated Corner -- means a previously established corner
which has no remaining traces of the marker or its accessories, but
its position has been perpetuated or its position may be recovered
beyond reasonable doubt by the acts and testimony of the interested
landowners, competent surveyors, or other qualified local
authorities or witnesses, or by some acceptable record evidence.
M) Open Meetings Act -- means Act 267 of the Public Acts of 1976,
as amended, being Sections 15.261 to 15.275 of Michigan Compiled
Laws.
N) Peer Group -- means not less than three non-associated Surveyors
appointed by the County Representative. One member of the Peer
Group shall be the County Representative, who shall act as chair.
0) Property-controlling Corner --means a Public Land Survey corner
or any property corner which does not lie on a property line of the
property in question, but which controls the location of 1 or more
of the property corners of the property in question.
P) Public Land Survey Corner -- means any corner actually
established and monumented in an original survey or resurvey used
as a basis of legal description for issuing a patent for the land
to a private person from the United States government.
Q) Remonument -- means to install a marker where: 1) the existing
marker does not meet minimum standards as specified; 2) the
existing marker is in danger of becoming "lost" or "obliterated";
or 3) the corner has been "lost" or "obliterated".
R) Surveyor -- means a Land Surveyor licensed under Article 20 of
the Occupational Code, Act 299 of the Public Acts of 1980, being
Sections 339.2001 to 339.2014 of the Michigan Compiled Laws.
III. PLAN OBJECT'
A) Provide for the location, monumentation and/or
remonumentation of corners on a maximum 20-year planned
timetable.
B) Establish the position of County Representative for the
purpose of implementation of this act, if the office of
County Surveyor does not exist.
C) Create a system for the research of the history of all
corners and horizontal and vertical control markers.
D) Create and maintain a repository for all records
pertaining to Public Land Surveys.
E) Provide for a "perpetual maintenance program" for all
corners and horizontal and vertical control markers.
F) Provide for the location of, and a data base for,
horizontal and vertical control markers.
G) Coordinate with adjoining counties for the monumentation
of all county line corners.
H) 'Annually determine monumentation requirements for which
a grant application will be submitted for state approval.
I) Provide a uniform filing and database system, for the
indexing of all of the records generated by this plan.
VE
G) Submitting documentation as required by the Co MM ission.
IV. P . MINISTRATION
In compliance with Act 345 of the Public Acts of 1990, the County
Representative shall be the representative of the Board of County
Commissioners for all surveying projects approved by or initiated
by the Commission.
The County Representative's duties include:
A) Submitting proposed County/Monumentation-Surveyor
Contracts to the Board of County Commissioners for its
approval and its authorization for execution.
B) Establishing, scheduling meetings of, and chairing a Peer
Group which will meet and act as advisors for
ratification of corner locations. These meetings shall
be in compliance with the Open Meetings Act.
C) Selecting Monumentation Surveyors in compliance with
Qualification-Based Selection (QBS) asset forth in House
Concurrent Resolution 206 (June 1987).Government agencies
shall not be precluded from participation from this plan. ,
D) Recommending payment to the Monumentation Surveyor as
provided by the contract.
E) Submitting annually a grant application and supporting
:1.ocuments to the Commission by December 31st. Suppoiting
documents will include as a minimum:
1) For the current-year projects, a description of the work
area completed, the work area projected to be completed by
December 31st, and the work area remaining to be completed.
2) A general work-progress report for all previously-awarded
contracts.
3) The Work Program and a grant request for the following
year. The Work Program will indicate (a) the area where
the Public Land Survey corners and Property-controlling
corners are proposed to be monumented and/or remonumented
within the next contract year; (b) the area where the
Public Land Survey corners and Property-controlling corners
are to be researched in the next contract year; (c) the
area where horizontal and vertical control stations are to
be researched and located; and (d) the area where
horizontal and vertical coordinates are to be established.
F) Creating and maintaining a filing system for each corner,
which contains all survey information compiled.
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ADMINISTRATION (continued)
H) Creating and maintaining a filing system for horizontal
and vertical geodetic monumentation information obtained
from National Geodetic Survey, United States Geological
Survey and other sources.
•
I) Coordinating the densification of horizontal and vertical
geodetic Trionumentation with the Commission's Geodetic
Advisor.
J) Performing other duties indicated under "Plan Execution."
LAN EXECUTION
To comply with the requirements of the Act and the county
monumentation plan, the County Representative shall establish
requirements and procedures to implement the following:
A) Research the history of corners and horizontal and
vertical control stations.
B) Field verify whether corners are "Existent", "Lost" or
"Obliterated."
C) Following the Peer Group's ratification, set a marker at
all corners. The location of said corners shall be
established in accordance with the procedures set forth
in the "Manual of Instructions for the Survey of Public
Lands of the United States," 1973, prepared by the Bureau
of Land Management of the United States Department of
Interior (Technical Bulletin 6, or subsequent editions).
D) Recover all existing horizontal and vertical control
stations.
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• VI. WORK PROG
To meet the objectives of the Act, all work shall be performed in
the following manner:
A. Research: A minimum of 2/20ths of county's total corner
locations shall be researched in the first year.
Thereafter, a minimum n li•er of corner locations shall be
researched each year so as to complete the monumentation
program within 20 years. Copies of all research
information shall be available to the public. The County
may charge a reasonable fee for such copies.
No marker shall be considered a part of the plan until
the research for its location has been performed and the
location has been ratified by the Peer Group.
B. Monumentation: -Annually locate and .monument or
remonument a minimum number of corners so as tocomplete
the program within 20 years.
The corners proposed to be monumented shall be specified
as part of the annual grant application. An annual grant
may include some unspecified corners in danger of
becoming "lost" or "obliterated."
For corners monumented under the Act, the Monumentation
Surveyor shall furnish the County Representative two
copies of a completed and recorded Land Corner
Recordation Certificate, as required by Act 74 of the
Public Act of 1970, as amended, being Sections 54.201 to
54.214 of the Michigan Compiled Laws. The County
Representative shall forward one copy to the Counission.
Any surveyor may submit a corner location to the County
Representative for Peer Group review.
When filed with the County Representative, all
information is considered filed with and available to the
Commission. The county agrees to maintain these records
and to provide copies of any records requested by the
Commission at no charge.
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VIII. GEODETIC DENSIFICATION MAINTENANCE PROG
VII. PERPETUAL MO s ENT .INTENANCE PROG
When all corners have been monumented as specified under this Act,
a "Perpetual Monument Maintenance Program" shall begin. Each year
thereafter, a minimum of 1/20th of the corners shall be checked
and, if necessary, remonumented. The specific corners or specific
region to be checked shall be a part of the annual grant
application.
The County Representative shall research an entire county for
existence of NGS/CGS (National Geodetic Survey/Coast and Geodetic
Survey) horizontal and vertical control stations. Thereafter, a
thorough field search shall be made for each control station
identified by the research. A report of the status of each station
shall be prepared using the NOAA/NGS "DDPROC" (National Oceanic and
Atmospheric Administration/National Geodetic Survey Descriptive
Data Processing System) method. The report shall be filed with the
County Representative, the Commission, and the NGS Geodetic Advisor
for submission to NGS (National Geodetic Survey). The County
Representative shall provide for the preservation and maintenance
of all geodetic markers in the county. The cost of this work shall
be included as part of a grant application.
When deemed timely by the County Representative, a -Monumentation
Surveyor shall be engaged to determine "NAD 83" (North American
Datum of 1983), three-dimensional coordinates in accordance with
Act 9 of the Public Acts of 1964, as amended, being Sections 54.231
to 54.239 of the Michigan Compiled Laws, on corners or other
monumented points approved by the Commission. All GPS (Global
Positioning System) work shall meet or exceed Group C; Order 2; 20
PPM according to the FGCC standards entitled "Geometric Geodetic
Accuracy Standards and Specifications for using GPS Relative
Positioning Techniques." The NGVD 1929 (National Geodetic Vertical
Datum of 1929) datum will be used until such time as the new NAVD
1988 (North American Vertical Datum of 1988) vertical adjustment is
completed.
Essentially, once a corner or another approved point is monumented,
it could become part of the "NGRS" (National Geodetic Reference
System) providing a network in which geodetic control eventually
will be available on virtually all remonumented corners.
IX. . 'NDING THE P
This plan may be amended subject to all of the following approvals:
A) Approval by the County Representative.
B) Approval by the Board of County Commissioners.
C) Approval by the Commission.
X . EVE RAB ILITY
If any section or provision of this plan for any reason conflicts
with present or future Legislative Acts or Administrative Rules,
that section shall be invalid, but such invalidation shall not
affect the remaining provisions of this plan.
APPENDIX A -- ITEMS ELIGIBLE FOR G lo
Items eligible for Grant Funds include the following:
1. Corner research expenses.
2. Time spent in developing corner-location documentation,
including time spent to research existing records,
summarize the evidence found, prepare drawings when
necessary, and prepare a final report. Information to be
shown on the above-noted drawing may include traverse
information and useful physical features (e.g., lines of
occupation, roadways, fences, etc.).
3. Time spent in presenting corner locations to the Peer
Group for ratification.
4. Field time spent to set and witness markers, including
field-traversing time, if necessary.
5. Such other items as may be specified in the grant
application and approved by the Commission.
APPENDIX B -- PROCEDURE FOR RATIFICATIO OF A CORNER POSITION
When a Monumentation Surveyor desires the ratification of a corner-
position, he/she shall make a written request for same to the
County Representative, accompanied by the corner-position
documentation. Not later than 28 calendar days after said request,
the County Representative shall call and chair a meeting, noticed
in compliance with the Open Meetings Act, of a Peer Group to review
the corner-position documentation furnished.
At least ten days prior to the meeting, the County Representative
shall give notice of the meeting to the Peer Group, each
Monumentation Surveyor whose corner-position documentation will be
reviewed, and any surveyor who has set a corner different from the
position being considered. All corner-position documentation will
be reviewed by the Peer Group. Minutes shall be taken which shall
become the official record when approved by the Peer Group.
After the Peer Group's ratification, the Monumentation Surveyor
shall install the appropriate corner marker and cap and shall file
a Land Corner Recordation Certificate as required by Act 74 of the
Public Acts of 1970, as amended, being Sections 54.201 to 54.214 of
the Michigan Compiled Laws. Two copies of said Certificate shall
be furnished to the County Representative.
/.:—• APPENDIX C -- MINIMUM ST S FOR MO AT ION •
• Mm
The permanent marker set at the location of the corner shall be set
in conformance with Act 74, of the •lic Acts of 1970, as amended,
being Sections 54.201 to 54.214 of the Michigan Compiled Laws.
The county shall adopt standardized markers and/or caps to be
utilized when remonumentation is necessary.
APPENDIX D -- MINIMUM ST S FOR CO -R WITNESSING
All corners shall be witnessed in accordance with Act 74, of the
Public Acts of 1970, as amended, and the published rules
promulgated by the State Board of Land Surveyors under Act 299 of
the • •lic Acts of 1980, as amended, being Sections 339.2001 to
339.2014 of the Michigan Compiled Laws.
=fr
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STATE SURVEY AND REMONUMENTATION ACT Act 345 of 1990
AN ACT to create a state survey and remonumentation commission
and to prescribe its powers and duties; to provide for the
appointment of an executive director; to provide for a contract for
the services of a state geodetic advisor; to create the state survey
and remonumentation fund and to provide for its use; to coordinate
and implement the monumentation and remonumentation of property
controlling corners in this state and coordinate the establishment of
geographic information systems; and to provide for certain powers
and duties of certain state' and local officers and agencies.
History: 1990, Act 345, Eff. Jan. 1, 1991.
The People of the State of Michigan enact:
54.261 Short title.
Sec. 1. This act shall be known and may be cited as the "state survey
and remonumentation act".
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.262 Definitions.
Sec. 2. As used in this act:
(a) "Commission" means the state survey and remonumentation
commission created in section 3.
(b) "County plan" means a county monumentation and
remonumentation plan under section 8.
(c) "Executive director" means the person appointed to that office
under section 7.
(d) "Fund" means the state survey and remonumentation fund created
in section 11.
(e) "Property controlling corner" for a property means a public land
survey corner or any property corner which does not lie on a property
1
line of the property in question but which controls the location of 1
or more of the property corners of the property in question.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.263 State survey and remonumentation commission; creation;
membership; terms; vacancy; compensation; expenses.
Sec. 3. (1) The state survey and remonumentation commission is
created in the department of commerce.
(2) The commission shall consist of 5 members, who shall be
appointed by the governor, with the advice and consent of the senate,
as follows:
(a) One member shall represent the general public.
(b) The remaining 4 members shall be land surveyors licensed
pursuant to article 20 of the occupational code, Act No. 299 of the
Public Acts of 1980, being sections 339.2001 to 339.2014 of the
Michigan Compiled Laws, 1 of whom also shall be serving as a county
surveyor for a county in this state. The 4 members appointed under
this subdivision shall be residents of the following areas of this
state:
(i) One shall be a resident of the Upper Peninsula of Michigan, 1
shall be a resident of the area of the Lower Peninsula of Michigan
that is north of the survey township line lying between survey
township 16 north and survey township 17 north, and 1 shall be a
resident of the area of the Lower Peninsula of Michigan that is south
of the survey township line lying between survey township 16 north
and survey township 17 north.
(ii) One shall be a member at large, and shall be a resident of any
area of this state.
(3) Of the 5 members first appointed to the commission, 1 shall be
appointed for a term of 1 year, 1 for a term of 2 years, 1 for a term
of 3 years, and 2 for terms of 4 years each. At the expiration of the
term of each member, the governor shall appoint a successor, who
shall hold office for a term of 4 years and until his or her successor
has been appointed and qualified. A vacancy in the office of a
2
member of the commission shall be filled by appointment by the
governor, with the advice and consent of the senate, for the
unexpired term.
(4) Members of the commission shall serve without compensation,
but shall be reimbursed for actual and necessary per diem expenses
in accordance with standards established annually by the legislature
for similar boards or commissions that are reimbursed from the
general fund.
History: 1990, Act 345, Eff. Jan. 1, 1991
54.264 Commission; chairperson; meetings.
Sec. 4. At the commission's first meeting, 1 member of the
commission shall be selected by a majority of the commission
members to be chairperson. The commission shall meet at least 4
times each year, at a time and place agreed upon by the commission.
The chairperson may call special meetings at a time and place
determined by the chairperson.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.265 Conduct of business at public meetings; public notice;
writings.
Sec. 5. (1) The business that the commission performs shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, Act No. 267 of the Public Acts of 1976,
being sections 15.261 to 15.275 of the Michigan Compiled Laws.
Public notice of the time, date, and place of the meeting shall be
given in the manner required by Act No. 267 of the Public Acts of
1976.
(2) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function shall be made available to the public in compliance with the
freedom of information act, Act No. 442 of the Public Acts of 1976,
being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History: 1990, Act 345, Eff. Jan. 1, 1991.
3
54.266 Duties of commission.
Sec. 6. The commission shall do all of the following:
(a) Coordinate the restoration, maintenance, and the preservation of
the land survey records of vertical and horizontal monuments, the
public land survey system, and the property controlling corners
established by the United States public land survey and by the
national geodetic survey within this state, including, but not
necessarily limited to, all pertinent field notes, plats, and
documents; and coordinate the restoration, establishment,
maintenance, and preservation of other boundary records otherwise
established by law, or considered by the commission to be of
importance.
(b) Establish, maintain, and provide safe -storage facilities for a
comprehensive system of recordation and dissemination of land
information records.
(e) Coordinate the extension, densification, and maintenance of the
horizontal and vertical control networks initiated by the federal
government through the national geodetic survey and the United
States geological survey.
(d) Coordinate the collection and preservation of information
obtained from surveys made by persons or organizations authorized
to establish monuments or land boundaries, and to assist in proper
recording of monuments or land boundaries by county surveyors or
registers of deeds.
(e) Foster, encourage, and promote the establishment of
remonumentation programs in every county in the state.
(f) Establish and maintain a data base of information on approved
monumented horizontal and vertical control in the state.
(g) On or before October 1, 1993, and biennially thereafter, submit a
report to the legislature. The report shall include, but not be limited
to, the following:
(i) A summary of the commission's activities regarding
administration of this act.
4
(ii) An assessment of the progress of the implementation of county
monumentation and remonumentation plans throughout the state.
(iii) A statement regarding the amount of money that was received
and disbursed from the fund.
(iv) An assessment of how much money is necessary to carry out
monumentation or remonumentation of the entire state.
(v) An assessment of whether the money received in the fund is
adequate to implement this act.
(vi) Recommendations including, but not limited to, the level of
funding that is necessary to implement this act.
(h) On or before October 1, 1993, submit a copy of the initial report
that is prepared pursuant to subdivision (g) to the county board of
commissioners of each county of this state.
(i) Establish and administer a grant program to counties to
implement this act.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.267 Executive director.
Sec. 7. (1) The commission shall appoint an executive director. The
executive director, under the direction of the commission, shall
carry out the routine duties of the commission, as delegated to the
executive director by the commission. The executive director shall
retain employees, including at least 1 licensed surveyor and
adequate secretarial staff, as the executive director considers
necessary. The employees shall be classified civil servants.
(2) The commission shall enter into a contract with a geodetic
advisor qualified to perform the duties described in section 6(c).
'History: 1990, Act 345, Eff. Jan. 1, 1991.
54.268 County monumentation and remonumentation plans.
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Sec. 8. (1) Each county shall establish a county monumentation and
remonumentation plan. Not later than 1 year after the effective date
of this act, the commission shall create and distribute a model
county plan, which may be adopted by a county with any changes
appropriate for that county. Not later than 3 years after the
effective date of this act, each county shall have submitted a county
plan that is approved by the commission.
(2) A county plan shall provide for all of the following:
(a) The monumentation or remonumentation of the entire county,
within 20 years, under the guidelines of the manual of instructions
for the survey of the public lands of the United States, 1973,
prepared by the bureau of land management of the department of
interior, technical bulletin 6, or subsequent editions.
(b) The provision of copies of all survey monumentation information
produced by the county plan to the county surveyor and the
commission.
(c). The filing with the county surveyor and the commission of
copies of all monumentation or remonumentation documents required
to be recorded with the register of deeds pursuant to the corner
recordation act, Act No. 74 of the Public Acts of 1970, being
sections 54.201 to 54.210d of the Michigan Compiled Laws, or
recorded with the register of deeds pursuant to Act No. 132 of the
Public Acts of 1970, being sections 54.211 to 54.213 of the
Michigan Compiled Laws.
(d) A perpetual monument maintenance plan that provides for all
corners to be checked, and if necessary remonumented, at least once
every 20 years.
(e) Any other provisions reasonably required by the commission for
purposes of this act.
(3) Two or more contiguous counties may submit a multicounty plan,
which shall meet the same requirements within each member county
as are established for a county plan under this act.
(4) If a county fails to establish and submit a plan that is approved
by the commission within the time required under subsection (1),
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the commission shall initiate and contract for the implementation
of a county plan in that county pursuant to section 10.
History: 1990, Act 345, Eft, Jan. 1, 1991.
54.269 County surveyor as county representative for surveying
projects.
Sec. 9. The county surveyor in each county in this state shall be the
county representative for all surveying projects approved by or
initiated through the commission. In a county that does not have a
county surveyor, a licensed surveyor shall be appointed and shall
perform the duties described in this section.
History: 1990, Act 345, Elf. Jan. 1, 1991.
54.270 Conducting monumentation or remonumentation pursuant to
negotiated contracts; cost.
Sec. 10. (1) Any monumentation or remonumentation conducted by
the commission shall be pursuant to negotiated contracts. The
commission shall prepare specifications for each contract
negotiated by the commission, and shall monitor the field work
and notes of all work done under each contract to ensure compliance
with those specifications.
(2) The commission shall pay the cost of any contracts under this
section from the fund.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.271 State survey and remonumentation fund generally..
Sec. 11. (1) The state survey and remonumentation fund is created
in the state treasury as a separate fund. The fund shall be
administered by the commission.
(2) Money deposited in the fund, and all interest and earnings
generated by the fund, shall not lapse at the end of a fiscal year, but
shall remain in the fund to be expended as provided in this act.
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(3) The fund may accept funds received as gifts or donations, or
funds received from individuals or corporations to be used for
purposes of this act.
(4) The commission may direct the department of treasury to
establish restricted subaccounts within the fund as necessary to
administer the fund.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.272 State survey and remonumentation fund; use of monies;
provisions applicable to deposited funds.
Sec. 12. (1) Money in the fund shall be used by the commission for
the following purposes:
(a) Annual grants to the various counties to implement their county
plans, excluding the perpetual monument maintenance plan described
in section 8(2)(d).
(b) Annual grants to 2 or more counties to implement their
multicounty plan, excluding the perpetual monument maintenance
plan described in section 8(2)(d).
(e) The implementation of county plans that are initiated and
contracted for by the commission pursuant to section 8(4).
(d) An annual grant to each county that has a county plan or to 2 or
more counties that have a multicounty plan to implement the
perpetual monument maintenance plan described in section 8(2)(d).
The commission shall make not less than 5% of the total amount of
the fund available for grants pursuant to this subdivision.
(e) The payment of contracts that are entered into by the
commission pursuant to section 10.
(f) Other activities necessary, incidental, or appropriate for the
implementation of this act.
(2) Of the money collected and remitted to the state treasurer for
deposit in the fund pursuant to section 2567a of the revised
judicature act of 1961, Act No. 236 of the Public Acts of 1961,
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being section 600.2567a of the Michigan Compiled Laws, the
following shall apply:
(a) An annual grant to a county pursuant to subsection (1)(a) or to 2
or more counties pursuant to subsection (1)(b) shall be in an amount
that is not less than 20% of the aggregate amount of money
collected in that county or those counties, as applicable, pursuant to
sections 2567(2) and 2567a of Act No. 236 of the Public Acts of
1961, being sections 600.2567 and 600.2567a of the Michigan
Compiled Laws, during the calendar year immediately preceding the
year in which the grant is made.
(b) If the commission initiates and contracts for the
implementation of a county plan for a county pursuant to section
8(4), the commission shall annually spend an amount that is not less
than 20% of the aggregate amount of money collected in that county
pursuant to sections 2567(2) and 2567a of Act No. 236 of the Public
Acts of 1961, being sections 600.2567 and 600.2567a of the
Michigan Compiled Laws, during the calendar year immediately
preceding the year in which the expenditure is made, to implement
that county plan. •
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.273 Application for annual grant; form.
Sec. 13. An application for an annual grant authorized pursuant to
this act shall be made on a form prescribed and furnished by the
commission. The commission may require the applicant to provide
any information reasonably necessary to allow the commission to
make a determination required by this act.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.274 Grant; conditions.
Sec. 14. (1) The commission shall not make a grant pursuant to
section 12(1)(a) or (b) unless all of the following conditions are
met:
(a) The applicant files an application for the grant on or before
December 31 of the calendar year immediately preceding the year in
which the grant is made.
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(b) The applicant has established a county plan or a multicounty
plan that has been approved by the commission on or before
December 31 of the calendar year immediately preceding the year in
which the grant is made.
(c) The applicant demonstrates to the commission the capability to
carry out the county plan or multicounty plan.
(d) The applicant demonstrates to the commission that it has not
completed the monumentation or remonumentation of the county, or
of the several counties in a multicounty plan. (2) The commission
shall not make a grant pursuant to section 12(1)(d) unless the
applicant demonstrates to the commission that it has completed the
monumentation or remonumentation of the county, or of the several
counties in a multicounty plan.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.275 Grant recipient to obtain authorization for significant
change to plan; revocation or withholding of grant.
Sec. 15. (1) A recipient of a grant made pursuant to section
12(1)(a), (b), or (d) shall obtain authorization from the commission
before implementing a change that significantly alters the approved
county plan or multicounty plan.
(2) The commission may revoke a grant made by it pursuant to this
act or withhold payment if the recipient of the grant fails to comply
with the terms and conditions of the grant, or with requirements of
this act or the rules promulgated pursuant to this act.
(3) The commission may withhold a grant until the commission
determines that the recipient is able to proceed with the
implementation of the county plan or multicounty plan.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.276 Copies of commission records.
Sec. 16. (1) The commission, upon request, shall provide copies or
certified copies of records in its possession to the public, other
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state agencies or officers, or local governmental agencies. The
commission may charge a reasonable fee for providing the records.
(2) A certified copy of a record provided by the commission is
admissible in court as evidence, without further identification, if
the substance of the record is properly admissible in the proceeding.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.277 Rules.
Sec. 17. The department of commerce shall promulgate rules
pursuant to the administrative procedures act of 1969, Act No. 306
of the Public Acts of 1969, being sections 24.201 to 24.328 of the
Michigan Compiled Laws, to implement this act. In doing so, the
department shall consider recommendations provided to them by the
commission.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54278 Effective date.
Sec. 18. This act shall take effect January 1, 1991.
History: 1990, Act 345, Eff. Jan. 1, 1991.
54.279 Conditional effective date.
Sec. 19. This act'shall not take effect unless Senate Bill No. 381 of
the 85th Legislature is enacted into law.
History: 1990, Act 345, Eff. Jan. 1, 1991.
Compiler's note: Senate Bill No. 381, referred to in this section, was
filed with the Secretary of State December 21, 1990, and became
P.A. 1990, No. 346, Eff. Jan. 1, 1991.
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Resolution # 91279 December 12, 1991
Moved by Skarritt supported by Schmid the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell,- McCulloch, McPherson,
:Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt,
Wolf, Aaron, Caddell, Crake, Ferrens. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 December 12, 1991
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 County
of Oakland at Pontiac, Michigan this 12th . day of—) December _ 1991
44.1'
Lynn 1. A en, County Clerk