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AI- 3529   12. B. 12.    
BOC Regular
Meeting Date: 03/18/2021  
Resolution to Certify or Decertify Certain Road Segments under Act 51
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Resolved, that the Calhoun County Board of Commission, does approve the attached resolution to certify or decertify certain road segments, under Act 51, as presented. 
The Road Department and County Administration recommend adoption of the Resolution confirming the Act 51 certification changes made to the County road system in 2020. They are incorporated in the report that the Commission must also approve, and which is due to the State of Michigan Department of Transportation on March 31st. 
Act 51 of 1951 is the Michigan statute that creates the State Trunk Line Highway System. It also creates different classification of roads, and funds those roads, including the County road system, according to the familiar statutory "formula."

As part of that funding process, the County certifies to the Michigan Department of Transportation the mileage of the Primary and Local road segments that it maintains. This report is also approved by the County Board.

This Resolution makes certain modifications to last years report where the County has commenced or discontinued its maintenance of a particular segment during 2020. This Resolution adds certain newly certified road segments in Emmett Township that were developed later than the original and currently certified portions, and which were recently improved under the Emmett Local Road Program.

As for the decertified road segments, Sperry Ave. is listed because this segment now functions as a driveway or private roadway for the adjacent church, which owns all of the property on either side of the existing road right of way. The County Commission has also granted the church a license to use the underlying right of way since this segment is slated for outright abandonment once a modification of the subdivision plat is approved.

The other decertified roads are park access points located in Emmett Township that either function as parking lots or driveways for their respective parks. They are not currently maintained by the Road Department, and are not properly classified as County local roads.

Finally, the Commission should also be aware that the decision to decertify a road segment does not impact the County's ownership of the underlying road right of way, nor does it result in abandonment of that right of way, which must be accomplished by another statutory process that requires notice to adjoining land owners to allows them to assert their interest in maintaining the right for way  for access or easement purposes.

As suggested by the Commission. However, these changes must be incorporated County's Act 51 Report, which is due on March 31st,  unless an extension is granted. 
 The Road Department and County Administration recommend that the the Calhoun County Board of Commission approve the attached resolution to certify or decertify certain road segments, under Act 51.

Fiscal Impact
There will be a minimal change to the amount of Act 51 funds distributed to the County for each certification (revenue increase) or decertification (revenue decrease) reported in the Resolution. However, the overall impact on the Road Department Budget will be negligible. The main reason for the Resolution is to align the Act 51 Report with the actual maintenance performed by the Road Department.
2020 Act 51 Modifications Resolutions

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