Bill Text: MI HB5343 | 2009-2010 | 95th Legislature | Introduced
Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality in charter township act; transfer to the department of natural resources. Amends sec. 14a of 1947 PA 359 (MCL 42.14a). TIE BAR WITH: SB 0807'09
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2009-09-15 - Printed Bill Filed 09/11/2009 [HB5343 Detail]
Download: Michigan-2009-HB5343-Introduced.html
HOUSE BILL No. 5343
September 10, 2009, Introduced by Reps. Meltzer, Denby, Bolger, Tyler, Lund, DeShazor, Daley, Stamas, Hansen, Crawford, McMillin, Wayne Schmidt, Paul Scott, Ball, Marleau, Walsh, Knollenberg, Meekhof and Kowall and referred to the Committee on Appropriations.
A bill to amend 1947 PA 359, entitled
"The charter township act,"
by amending section 14a (MCL 42.14a), as amended by 2002 PA 230.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14a. (1) The township may borrow money and issue bonds on
the credit of the township for the purpose of constructing or
otherwise acquiring a public improvement that the township is
authorized to construct or otherwise acquire by law.
(2) Bonds shall not be issued, except special assessment
bonds, bonds for the township portion of local improvements, and
bonds that the township board is authorized by specific statute to
issue without vote of the electors, unless approved by a majority
of the electors voting on the bonds at a general or special
election.
(3) The net indebtedness of the township incurred for all
public purposes shall not exceed 10% of the assessed value of all
real and personal property in the township. In computing the net
indebtedness all of the following shall be deducted:
(a) Bonds issued in anticipation of the collection of special
assessments, even though they are general obligations of the
township.
(b) Revenue bonds, even though they are general obligations of
the township.
(c) Bonds issued to comply with an order of the former water
resources commission, the former department of environmental
quality, the department of natural resources, or a court of
competent jurisdiction, even though they are a general obligation
of the township.
(d) Bonds issued, or contract or assessment obligations
incurred, for water supply, sewerage, drainage, solid waste
disposal, and steam generation and distribution necessary to
protect the public health by abating pollution, even though they
are a general obligation of the township.
(e) Bonds issued or contract or assessment obligations
incurred for the construction, improvement, or replacement of a
combined sewer overflow abatement facility. As used in this
subdivision:
(i) "Combined sewer overflow" means a discharge from a combined
sewer system that occurs when the flow capacity of the combined
sewer system is exceeded.
(ii) "Combined sewer overflow abatement facility" means any
works, instrumentalities, or equipment necessary or appropriate to
abate combined sewer overflows.
(iii) "Combined sewer system" means a sewer designed and used to
convey both storm water runoff and sanitary sewage, and which
contains lawfully installed regulators and control devices that
allow for delivery of sanitary flow to treatment during dry weather
periods and divert storm water and sanitary sewage to surface
waters during storm flow periods.
(iv) "Construction" means any action taken in the designing or
building of a combined sewer overflow abatement facility.
Construction includes, but is not limited to, all of the following:
(A) Engineering services.
(B) Legal services.
(C) Financial services.
(D) Design of plans and specifications.
(E) Acquisition of land or structural components, or both.
(F) Building, erection, alteration, remodeling, or extension
of a combined sewer overflow abatement facility.
(G) Township supervision of the project activities described
in sub-subparagraphs (A) to (F).
(v) "Improvement" means any action taken to expand,
rehabilitate, or restore a combined sewer overflow abatement
facility.
(vi) "Replacement" means any action taken to obtain and install
equipment, accessories, or appurtenances during the useful life of
a combined sewer overflow abatement facility necessary to maintain
the capacity and performance for which the equipment, accessories,
or appurtenances are designed and constructed.
(4) The resources of the sinking fund or debt retirement fund
pledged for retirement of outstanding bonds shall also be deducted
from the amount of the indebtedness.
(5) Bonds are issued subject to the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821.
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.
