Bill Text: MI HB6046 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Townships; public services; townships to create special assessment districts for communications infrastructure including broadband and high-speed internet; allow. Amends secs. 2 & 3 of 1954 PA 188 (MCL 41.722 & 41.723).
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2016-11-29 - Bill Electronically Reproduced 11/10/2016 [HB6046 Detail]
Download: Michigan-2015-HB6046-Introduced.html
HOUSE BILL No. 6046
November 10, 2016, Introduced by Reps. Driskell, Darany, Dianda, Geiss, Chirkun, Chang, Vaupel, Irwin, Zemke and LaVoy and referred to the Committee on Communications and Technology.
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 sections 2 and 3 (MCL 41.722 and 41.723), section 2 as
amended by 2002 PA 585 and section 3 as amended by 1995 PA 139.
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) The construction, improvement, and maintenance of
communications infrastructure, including broadband and high-speed
internet.
(2) A road under the jurisdiction of either the state
transportation department or the board of county road commissioners
shall 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
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.
Sec. 3. (1) The township board may proceed to carry out an
improvement as provided in this act unless written objections to
the improvement are filed with the township board at or before the
hearing provided in section 4 by property owners as follows:
(a) For an improvement under section 2(1)(a), (b), (d), (e),
(f),
(h), (i), (j), (l), (n), or (o), or (q),
by the record owners
of land constituting more than 20% of the total land area in the
proposed special assessment district.
(b) For an improvement under section 2(1)(c), (g), (k), or
(m), by the record owners of land constituting more than 20% of the
total frontage upon the road, bicycle path, or sidewalk.
(2) A township board may require the filing of a petition
meeting the requirements of subsection (3) before proceeding with
an improvement under this act.
(3) If written objections are filed as provided in subsection
(1), or if the township board requires a petition before
proceeding, the township board shall not proceed with the
improvement until there is filed with the board a petition signed
as follows:
(a) For an improvement under section 2(1)(a), (b), (d), (e),
(f),
(h), (i), (j), (l), (n), or (o), or (q),
by the record owners
of land constituting more than 50% of the total land area in the
special assessment district as finally established by the township
board.
(b) For an improvement under section 2(1)(c), (g), (k), or
(m), by the record owners of land constituting more than 50% of the
total frontage upon the road, bicycle path, or sidewalk.
(4) Record owners shall be determined by the records in the
register of deeds' office as of the day of the filing of a
petition, or if written objections are filed as provided in
subsection (1), then on the day of the hearing. In determining the
sufficiency of the petition, lands not subject to special
assessment and lands within a public highway or alley shall not be
included in computing frontage or an assessment district area. A
filed petition may be supplemented as to signatures by the filing
of an additional signed copy or copies of the petition. The
validity of the signatures on a supplemental petition shall be
determined by the records as of the day of filing the supplemental
petition.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.