HomeMy WebLinkAboutResolutions - 1959.04.27 - 19086nrc) April 27, RESOLUTION
BY: Mr, Semann
IN RE: 1959 COUNTY LEGISLATIVE PROGRAM
TO: THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentler
Last week the Michigan Supreme Court handed down a supplemental opinion in the case
of Cohen vs. County of Oakland, Board of Supervisors of the County of Oakland, Board of Public
Works of the County of Oakland, et al. A study o f the opinion i ndi ca tes tha t a s li gh t modifi cat i on
is necessary in one sentence of Section 12 of the DPW Act (Act 135 of the Public Acts of .1957).
A bill to remedy this situation was introduced last week in the ',:n-ato Senate by Senator
L. Harvey Lodge (Senate Bill 1237) which will add the following language to Section 12 of the Act:
The foregoing tax requirements when applied to a township shall be
sublect to any constitutional tax limitation or any lawful increase
thereof. Any township may agree to raise all or any part of its
contract obligation to the county by any one or more of the foregoing
methods. Any contract heretofore entered into which complies with
the provisions of this section, as amended, is hereby validated.
A similar amendment should be placed in the Drain Code (Act 240 of the Public Acts of
1956) by the addition of the following language to Sections 475 and 527:
No thing in this chapter contained shall be construed as requiring
any county, township, metropolitan district or authority to levy
a tax beyond its constitutional tax limitation or any lawful increase
thereof.
Your Legislative Committee recommends the approval of the foregoing legislative
amendments.
MR. CHAIRMAN, on behalf of the Legislative Committee, I move as follows:
1. That the foregoing recommendations he approved as part of the County's 195 .2)
Legislative Program.
2. That the Corporation Counsel be instructed to draft the appropriate amendments to
carry out the foregoing recommendations.
6. ei-Tiothn '7-hairman
Moved, by Thution b
:3. That a certified copy of this resolution be forwarded by the County Clerk to each of
the members of the State Legislature representing Oakiand County,
LEGISLATIVE C.94MITTEE
A 51.1 f 1,:roring vot thQr the r SO 11), t „. ' a • 'opted
py mailed to:
Tesentatives & Senator