Bill Text: MI HB4359 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Townships; public services; townships to create special assessment districts for private utility services; allow. Amends sec. 2 of 1954 PA 188 (MCL 41.722).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-16 - Bill Electronically Reproduced 03/15/2017 [HB4359 Detail]

Download: Michigan-2017-HB4359-Introduced.html

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HOUSE BILL No. 4359

 

 

March 15, 2017, Introduced by Rep. Lucido and referred to the Committee on Local Government.

 

     A bill to amend 1954 PA 188, entitled

 

"An act to provide for the making of certain improvements by

townships; to provide for paying for the improvements by the

issuance of bonds; to provide for the levying of taxes; to provide

for assessing the whole or a part of the cost of improvements

against property benefited; and to provide for the issuance of

bonds in anticipation of the collection of special assessments and

for the obligation of the township on the bonds,"

 

by amending section 2 (MCL 41.722), as amended by 2002 PA 585.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The following improvements may be made under this

 

act:

 

     (a) The construction, improvement, and maintenance of storm or

 

sanitary sewers or the improvement and maintenance of, but not the

 

construction of new or expanded, combined storm and sanitary sewer

 

systems.

 

     (b) The construction, improvement, and maintenance of water

 

systems.

 

     (c) The construction, improvement, and maintenance of public

 

roads.

 

     (d) The acquisition, improvement, and maintenance of public

 

parks.

 

     (e) The construction, improvement, and maintenance of elevated

 

structures for foot travel over roads in the township.

 

     (f) The collection and disposal of garbage and rubbish.

 

     (g) The construction, maintenance, and improvement of bicycle

 

paths.

 

     (h) The construction, maintenance, and improvement of erosion

 

control structures or dikes.

 

     (i) The planting, maintenance, and removal of trees.

 

     (j) The installation, improvement, and maintenance of lighting

 

systems.

 

     (k) The construction, improvement, and maintenance of

 

sidewalks.

 

     (l) The eradication or control of aquatic weeds and plants.

 

     (m) The construction, improvement, and maintenance of private

 

roads.

 

     (n) The construction, improvement, and maintenance of a lake,

 

pond, river, stream, lagoon, or other body of water or of an

 

improvement to the body of water. This subdivision includes, but is

 

not limited to, dredging.

 

     (o) The construction, improvement, and maintenance of dams and

 

other structures that retain the waters of this state for

 

recreational purposes.

     (p) The construction, improvement, and maintenance of sound

 

attenuation walls, pavement, or other sound mitigation treatments

 

unless a written objection is filed in the same manner as provided

 

under section 3 by the record owners of land constituting more than

 

20% of the total area in the proposed special assessment district.

 

If a written objection is filed, then the township board shall not

 

proceed with the improvement until a petition signed by the record

 

owners of land constituting more than 50% of the total land area in

 

the special assessment district as finally established is filed

 

with the board.

 

     (q) For a township with a population of more than 50,000, the

 

construction, improvement, and maintenance of existing private

 

utility services, including, but not limited to, water or sanitary

 

sewer services.

 

     (2) A road under the jurisdiction of either the state

 

transportation department or the board of county road commissioners

 

shall must not be improved under this act without the written

 

approval of the state transportation department or the board of

 

county road commissioners. As a condition to the granting of

 

approval, the state transportation department or the board of

 

county road commissioners may require 1 or more of the following:

 

     (a) That all engineering with respect to the improvement be

 

performed by the state transportation department or the board of

 

county road commissioners.

 

     (b) That all construction, including the awarding of contracts

 

for construction, in connection with the improvement be pursuant to

 

the specifications of the state transportation department or the

board of county road commissioners.

 

     (c) That the cost of the engineering and supervision be paid

 

to the state transportation department or the board of county road

 

commissioners from the funds of the special assessment district.

 

     (3) A lake, pond, river, stream, lagoon, or other body of

 

water under the jurisdiction of a county drain commissioner shall

 

must not be improved under this act without the written approval of

 

the county drain commissioner of the county in which the lake,

 

pond, river, stream, lagoon, or other body of water is located.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

02081'17).

 

     (b) Senate Bill No.____ or House Bill No.____ (request no.

 

02129'17).