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