HomeMy WebLinkAboutResolutions - 1961.12.19 - 19747Miscellaneous Resolution December 19, 1961
BY: Mr, Semann
IN RE: 1962 LEGISLATIVE PROGRAM
TO THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
Your Legislative Committee presents the following items which it recommends for
inclusion in the County3s 1962 Legislative Program,
(Each item will be presented for separate consideration and vote.)
1. Amendments to the D.P.W. Act (Act 185 of the Public Acts of 1957, as amended)
as recommended by the County Board of Public Works to strengthen and improve the D. P.W.
Act (as per list of items attached, copy of which has been previously furnished to each
member of the Board) and the amendment to authorize the Board of Public Works to establish,
finance and operate an airport as previously recommended by the Aviation Committee of the
Board.
Mr. Chairman, I move that Item 1 be approved as part of the County's 1962
Legislative Program.
2. General amendments to the Drain Code (Act 40 of the Public Acts of 1956) as
recommended by the County Drain Commissioner last year and presented to the Legislature
in Senate Bill 1164. (Details of the legislation are attached.) Although this Bill was
approved by both the House and Senate in the 1961 Session, it was vetoed by the Governor.
Mr. Chairman, I move that Item 2 be approved as part of the County's 1962
Legislative Program.
3. Legislation to encourage the installation of Civil Defense facilities by private
initiative by insuring that no burden of State or local taxes shall be incurred on home
fallout shelters. Legislation allowing an exemption 441FiAelta00 for-each-such-shelter
under the General Property Tax Laws of the State is proposed.
William A. Ewart Carl F. Ingraham
William C. Hudson
Mr. Chairman, I move that Item 3 be approved as part of the County's 1962
Legislative Program.
4. An amendment to the Divorce Law to substitute the Friend of the Court in
counties having such an official for the Prosecuting Attorney in the filing of appearances
and for the purpose of protecting the interests of minor children in divorce cases.
Mr. Chairman, I move that Item 4 be approved as part of the County's 1962
Legislative Program.
5. An amendment to the City Home Rule Act which would require a separate vote
in the village and township when a new city is to be organized from part of an existing
village and adjacent township territory,
Mr. Chairman, I move that item 5 be approved as part of the County's 1962
Legislative Program.
Your Legislative Committee also recommends the approval of a constitutional
provision to be submitted to the Constitutional Convention to raise the present debt limit
of 3% of the county's valuation as set by the 1908 Constitution, said constitutional provision
to read as follows:
No county shall incur any bonded indebtedness which will
increase its bonded debt beyond 4% of its State equalized
valuation: Provided, That the Legislature may increase said
limitation as to any class of county to not exceeding 5%of
such valuation.
Mr. Chairman, I move that this Board of Supervisors approve the foregoing constitutional
provision and authorize the County Clerk to forward a copy of this resolution to each of the
7 delegates representing the County at the Constitutional Convention.
LEGISLATIVE CQMMMEE
Johi G. Seniann, Cnairman
J7
Stmimar of P___......e_c_LAzEt_ciments to Act 185 of the Public Acts of 1957 (D.P.W. Act)
Section 1-e0 The term "municipality" has been enlarged by new language to
include all the definitions of municipality as recognized by the Michigan courts today.
Section 1-f. Inserts the word "municipality" in conformance with Section 1-e0
Section 1-g. Defines 'governing body" as it pertains to the various political
subdivisions of the State. There has been some confusion as to what the definition of
$1governing body' is in the Act.
Section 8. New language provides for the acquisition of either part of a sewage
or water system in an adjoining county or counties with the consent of such municipalities
as would be affected.
Section 10. Provides that a resolution adopted by the governing body of a
municipality shall also constitute a permit to acquire, maintain and operate a system
within the corporate limits of such municipality.
Section 11-1 b. Provides for a contract between one or more municipalities and
the county operating under this Act. Such contract to provide the security upon which
the bonds are issued.
Section 11-1 d. Changes the language from "loan" to "advance" to bring it in
conformance with the language used in other acts affecting the county in advancing monies.
Section 12-1. Is expanded to allow a county to contract with itself for sewage
disposal and also extends the contract time from 40 to 50 years.
Section 12-2. Is expanded to include the word "contracts" and also states that
any of the methods set forth above to finance a project may be used. It further states
that any power granted in this Act shall be exercised by the municipal governing body.
Section 13,. Is expanded to provide the municipality the right to special assess
a portion or all of its contractual obligations especially benefited.
• • • Section 15. Changes the word a citiesa. , etc., to munIcipalities" or other
public corporations to conform with Section 1-e.
-4-
#3885
Summary of Proposed Amendments to Act 185 of the Pubiic Acts of 1957 (D.P.W. Act),
Continued.
Section 17. Provides that a municipality may, by contract, agree with the
County to deduct sums advanced by the County from that municipality's sales tax.
Section 33. Is a new section which provides that the governing body in a
municipality may agree by a 2/3 vote of its members to advance any money for delinquent
assessments against lands within such municipality, and the municipality would be
reimbursed by the collection of such delinquencies.
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