Bill Text: MI HB5341 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality in general law village act; transfer to the department of natural resources. Amends sec. 22 of 1895 PA 3 (MCL 69.22). TIE BAR WITH: SB 0807'09

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced - Dead) 2009-09-15 - Printed Bill Filed 09/11/2009 [HB5341 Detail]

Download: Michigan-2009-HB5341-Introduced.html

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HOUSE BILL No. 5341

 

September 10, 2009, Introduced by Reps. DeShazor, Haines, Wayne Schmidt, Tyler, Denby, Proos, Horn, Crawford, Lund, Paul Scott, Green, Lori, Agema, Rick Jones, Kowall, McMillin, Caul, Booher, Calley, Stamas, Bolger and Meltzer and referred to the Committee on Appropriations.

 

     A bill to amend 1895 PA 3, entitled

 

"The general law village act,"

 

by amending section 22 (MCL 69.22), as amended by 1998 PA 254.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 22. (1) Should any greater amount be required in any year

 

for any lawful purpose than can otherwise be raised by the council

 

under this chapter, the amount may be raised by tax or loan, or

 

partly by tax and partly by loan. If approved by a majority vote of

 

the electors at an annual or special village election, the council

 

may levy a tax which, in any year, shall not exceed 2% of the

 

assessed valuation of the real and personal property within the

 

village, as shown by the last preceding assessment roll of the

 

village.

 

     (2) The amount of indebtedness incurred by the issue of bonds

 

or otherwise, including existing indebtedness, shall not exceed 10%

 

of the assessed valuation of the real and personal property within

 

the village subject to taxation as shown by the last preceding

 

assessment roll of the village. Bonds issued in anticipation of the

 

collection of special assessments even though the bonds are a

 

general obligation of the village, motor vehicle highway fund bonds

 

even though they are a general obligation of the village, revenue

 

bonds, or bonds issued or contract or assessment obligations

 

incurred to comply with an order of the department of environmental

 

quality natural resources or a court of competent jurisdiction,

 

even though they are a general obligation of the village and bonds

 

issued or contract or assessment obligations incurred for water

 

supply, sewage, drainage, or refuse disposal necessary to protect

 

the public health by abating pollution even though they are a

 

general obligation of the village, are not included in this

 

limitation. Money on hand in a sinking fund limited to the payment

 

of indebtedness may be treated as a reduction of the indebtedness

 

to that extent. In case of fire, flood, or other calamity requiring

 

an emergency fund for the relief of the inhabitants of the village,

 

or for the repairing or rebuilding of any of its municipal

 

buildings, works, bridges, or streets, the council may borrow money

 

due in not more than 3 years and in an amount not exceeding 1/4 of

 

1% of the taxable valuation of the village, notwithstanding that

 

the loan may increase the indebtedness of the village beyond the

 

limitations fixed by this section. If a village is authorized to

 

acquire or operate a public utility, the village may issue mortgage

 

bonds therefor beyond the general limit of bonded indebtedness

 

prescribed by this section. The mortgage bonds issued beyond the

 

limit of general indebtedness prescribed by this section shall not

 

impose any liability upon the village, but shall be secured only

 

upon the property and revenues of the public utility, including its

 

franchise, stating the terms upon which, in case of foreclosure,

 

the purchaser may operate the public utility; which franchise shall

 

not extend for a period of more than 20 years from the date of the

 

sale of the utility and franchise on foreclosure. All bonds issued,

 

or contract or assessment obligations incurred, before January 30,

 

1974 are validated.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 807 or House Bill No.____ (request no.

 

04046'09) of the 95th Legislature is enacted into law.