HOUSE BILL No. 4967


     June 25, 1997, Introduced by Reps. Kilpatrick, Wallace, Profit, Curtis and Schauer and referred to the Committee on Local Government.


        A bill to amend 1909 PA 278, entitled

   "The home rule village act,"

   by amending section 24 (MCL 78.24), as amended by 1994 PA 15.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 24.  A village may PROVIDE in its charter  provide  for

 2    1 or more of the following:

 3         (a) The regulation of a trade, occupation, or amusement

 4    within the village's boundaries, including the sale of intoxicat-

 5    ing liquor and the number of licenses to be issued for the sale

 6    of intoxicating liquor.  A charter shall not permit the sale of

 7    liquor in a county in which the sale is prohibited by operation

 8    of the general local option law of this state, but may suppress

 9    saloons for the sale of intoxicating liquor.

10         (b) The punishment of a person who violates an ordinance of

11    the village other than an ordinance described in section 25a(1),


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 1    (2), or (3).  A  THE penalty FOR A VIOLATION OF SUCH AN

 2    ORDINANCE shall not exceed a fine of $500.00 or imprisonment for

 3     90  93 days, or both.

 4         (c) The establishment of a department considered necessary

 5    for the general welfare of the village and for the separate

 6    incorporation of the village.  This subdivision does not apply to

 7    a public school.

 8         (d) The use and enjoyment of the surface of a street of the

 9    village  ,  and  of  the space above and beneath the street.

10         (e) The assessment and reassessment of the cost, or a por-

11    tion of the cost, of a public improvement to a special district.

12    The payment of a future installment of a special assessment

13    against a parcel of land may be made at any time in full, with

14    interest accrued to the due date of the next installment.

15         (f) The purchase of private property for a public use or

16    purpose within the scope of the powers of the village.

17         (g) The sale and delivery of water outside  of  the corpo-

18    rate limits of the village in an amount determined by the legis-

19    lative body of the village.

20         (h) The purchase of land outside the corporate limits of the

21    village if necessary for the disposal of sewage and garbage or

22    for a purpose authorized by the state constitution of 1963 or the

23     general  law of this state.

24         (i) The use, upon the payment of reasonable compensation by

25    persons other than the owner, of property located in a street,

26    alley, or public place if the property is used in the operation

27    of a public utility.



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 1         (j) A plan of streets and alleys within the village's

 2    limits.

 3         (k) The use, control, and regulation of a stream, water, or

 4    watercourse within the village's boundaries, but not so as to

 5    conflict with a law, or action under a law, by which a navigable

 6    stream is bridged or dammed.

 7         (l) The enforcement of each police, sanitary, or other ordi-

 8    nance that is not in conflict with the  general  law of this

 9    state.

10         (m) The exercise of each municipal power in the management

11    and control of village property and the administration of the

12    village government, whether the power is expressly enumerated in

13    this act or not; an act to advance the interest of the village,

14    and the good government and prosperity of the village and its

15    inhabitants; and the making of ordinances that are necessary and

16    proper for carrying into execution the powers conferred by this

17    act, and other powers vested by the state constitution of 1963 in

18    villages, except if forbidden by or if the subject is covered

19    exclusively by the  general  law of this state.

20         (n) The sale and delivery of heat, power, and light outside

21    the village's corporate limits in an amount determined by the

22    legislative body of the village, except that a sale at other than

23    wholesale shall be limited to the area of a city, village, or

24    township that is contiguous to the village as of June 23, 1974,

25    and to the area of any other city, village, or township being

26    served as of June 23, 1974.  However, a village shall not sell

27    heat, power, or light to a customer outside the village's



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 1    corporate limits already receiving the service from another

 2    utility unless the serving utility consents in writing.  For pur-

 3    poses of this subdivision, "wholesale" means the sale or exchange

 4    of heat, power, or light between public utility systems, whether

 5    municipally, cooperatively, or privately owned.














































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