June 3, 2003, Introduced by Senator EMERSON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to
the establishment, opening, discontinuing, vacating, closing,
altering, improvement, maintenance, and use of the public
highways and private roads; the condemnation of property and
gravel therefor; the building, repairing and preservation of
bridges; maintaining public access to waterways under certain
conditions; setting and protecting shade trees, drainage, and
cutting weeds and brush within this state; providing for the
election or appointment and defining the powers, duties, and
compensation of state, county, township, and district highway
officials; and to prescribe penalties and provide remedies,"
by amending section 10 (MCL 224.10), as amended by 1989 PA 251.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10. (1) The clerk and the members of a board of county
2 road commissioners are
subject to Act No. 317 of the Public Acts
3 of 1968, being
sections 15.321 to 15.330 of the Michigan Compiled
4 Laws 1968 PA 317, MCL 15.321 to 15.330.
5 (2) The board of county road commissioners shall employ a
6 competent county highway engineer who shall make surveys ordered
1 by the board, prepare plans and specifications for roads,
2 bridges, and culverts, and exercise general supervision over
3 construction to insure that the plans and specifications are
4 strictly followed. Two or more adjoining counties may employ the
5 same engineer, if the work in 1 or more of the counties is not
6 enough to employ the whole time of the engineer. The engineer
7 employed by the board shall be known as the county highway
8 engineer.
9 (3) The board may also engage other professional and
10 consultant services as it considers necessary to implement this
11 act and promote efficiency and economy in the operation of the
12 county road system. The board may also employ other necessary
13 laborers and may purchase machines, tools, appliances, and
14 materials which it considers necessary or convenient for the
15 performance of work by the laborers. In cases involving the
16 expenditure of an amount greater than $10,000.00 for the purchase
17 of machines, tools, appliances, and materials, the board of
18 county road commissioners shall advertise for sealed proposals
19 for the machines, tools, appliances, and materials proposed to be
20 purchased, except under emergency conditions, in which case the
21 limit shall not exceed $20,000.00. All purchases made under this
22 section shall be compiled separately for purposes of board
23 approval. The board shall advertise for sealed proposals for the
24 purchase of passenger vehicles and trucks weighing less than
25 5,000 pounds. The board may purchase surplus properties from the
26 state and federal governments without advertising for sealed
27 proposals.
1 (4) Notwithstanding the provisions of section 21 of this
2 chapter, the board may enter into a contract or agreement for the
3 purchase of machines, tools, appliances, and materials to be used
4 for public purposes and to be paid for in installments over a
5 period not to exceed 5
8 years or the useful life of the
6 property acquired, whichever is less.
7 (5) Each county road commission shall take all reasonable
8 steps to ensure minority business enterprises have the equal
9 opportunity to compete and perform contracts or purchases of
10 services, or both, for the county road commission. The county
11 road commission shall issue a plan for implementing this
12 subsection.
13 (6) A county road commission may enter into a contract or
14 agreement for the purchase of real or personal property for
15 public purposes, to be paid for in installments over a period not
16 to exceed 15 years. Real or personal property purchased under
17 this act may serve as collateral in support of the purchase,
18 contract, or agreement. The outstanding balance of all purchases
19 authorized under this act shall not exceed 1-1/4% of the value of
20 the road commission's capital assets and infrastructure as
21 determined by a capitalized asset inventory.