Bill Text: MI HB4162 | 2017-2018 | 99th Legislature | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-08 - Bill Electronically Reproduced 02/07/2017 [HB4162 Detail]

Download: Michigan-2017-HB4162-Introduced.html

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HOUSE BILL No. 4162

 

 

February 7, 2017, Introduced by Reps. Lasinski, Elder, Rabhi, Dianda, Ellison, Sneller, Sowerby, LaGrand, Gay-Dagnogo, Banks, Chirkun and Vaupel 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 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.

 

     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 must

 

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 must 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.