SENATE BILL No. 367

 

 

April 12, 2005, Introduced by Senators SWITALSKI and OLSHOVE and referred to the Committee on Transportation.

 

 

 

     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 2004 PA 516.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) The clerk and the members of a board of county

 

road commissioners are subject to 1968 PA 317, MCL 15.321 to

 

15.330.

 

     (2) The board of county road commissioners shall employ a

 


competent county highway engineer who shall make surveys ordered by

 

the board, prepare plans and specifications for roads, bridges, and

 

culverts, and exercise general supervision over construction to

 

insure that the plans and specifications are strictly followed. Two

 

or more adjoining counties may employ the same engineer, if the

 

work in 1 or more of the counties is not enough to employ the whole

 

time of the engineer. The engineer employed by the board shall be

 

known as the county highway engineer.

 

     (3) The board may also engage other professional and

 

consultant services as it considers necessary to implement this act

 

and promote efficiency and economy in the operation of the county

 

road system. The board may also employ other necessary laborers and

 

may purchase machines, tools, appliances, and materials which it

 

considers necessary or convenient for the performance of work by

 

the laborers. In cases involving the expenditure of an amount

 

greater than  $15,000.00 for the purchase of machines, tools,

 

appliances, and materials, the board of county road commissioners

 

shall advertise for sealed proposals for the machines, tools,

 

appliances, and materials proposed to be purchased, except under

 

emergency conditions, in which case the limit shall not exceed 

 

$50,000.00. All purchases made under this section shall be compiled

 

separately for purposes of board approval. The board shall

 

advertise for sealed proposals for the purchase of passenger

 

vehicles and trucks weighing less than 5,000 pounds. The board may

 

purchase surplus properties from the state and federal governments

 

without advertising for sealed proposals.

 

     (4) Each county road commission shall take all reasonable

 


steps to ensure minority business enterprises have the equal

 

opportunity to compete and perform contracts or purchases of

 

services, or both, for the county road commission. The county road

 

commission shall issue a plan for implementing this subsection.

 

     (5)  A  Subject to any requirements of law, a county road

 

commission may enter into a contract or agreement  for the purchase

 

of real or personal property for public purposes, to be paid for in

 

installments over a period not to exceed 15 years or the useful

 

life of the property acquired, whichever is less to purchase, sell,

 

convey, or otherwise transfer the interest in real or personal

 

property, including road rights-of-way vested in fee. Real or

 

personal property purchased under this act may serve as collateral

 

in support of the purchase, contract, or agreement.