HOUSE BILL No. 5098


     November 4, 1999, Introduced by Rep. Jamnick and referred to the Committee on Local
Government and Urban Policy.


        A bill to amend 1923 PA 116, entitled

   "Township and village improvement and public service act,"

   by amending section 1 (MCL 41.411), as amended by 1989 PA 82.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1)  In  ON township  lands
              PROPERTY, the township

 2    board or  common  VILLAGE council  or
             board of trustees  of an

 3    incorporated village may do 1 or more of the following:

 4         (a) Make public improvements and provide public service by

 5     constructing  DOING 1 OR MORE OF THE FOLLOWING:

 6         (i) CONSTRUCTING bridges over natural or artificial

 7    waterways.  ; grading 

 8         (ii) GRADING, paving, curbing, stoning, graveling,
             macadam-

 9    izing, or cinderizing streets.  ; treating 

10         (iii) TREATING the streets with chloride or other
             suitable

11    dust laying process or material.  ; laying 


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 1         (iv) LAYING storm sewers to care for surface water in
             the

 2    streets.  ; destroying 

 3         (v) SEPARATING STORM WATER DRAINS AND FOOTING DRAINS
             FROM

 4    SANITARY SEWERS ON PRIVATELY OWNED PROPERTY FOR A PUBLIC

 5    PURPOSE.

 6         (vi) DESTROYING weeds.  ; providing 

 7         (vii) PROVIDING street markers and lighting.  ;
             contracting 

 8         (viii) CONTRACTING for public transportation facilities.
              ;

 9     providing 

10         (ix) PROVIDING police protection or contracting for
             police

11    protection.  ; establishing 

12         (x) ESTABLISHING and maintaining garbage and mixed
             refuse

13    systems or plants for the collection and disposal of garbage and

14    mixed refuse or contracting for  such  THAT
             collection and dis-

15    posal for A PERIOD not to exceed 30 years.  ; constructing
             

16         (xi) CONSTRUCTING or acquiring and maintaining sanitary

17    sewers and sewage disposal plants or equipment.  ;
             constructing 

18         (xii) CONSTRUCTING filtration plants.  ;
             constructing 

19         (xiii) CONSTRUCTING sidewalks.  ; purchasing
             

20         (xiv) PURCHASING or constructing waterworks.  ;
             purchasing 

21         (xv) PURCHASING fire apparatus and equipment.  ;

22     constructing 

23         (xvi) CONSTRUCTING and maintaining housing facilities
             for

24    fire apparatus and equipment.  ; making 

25         (xvii) MAKING extensions of water mains to provide water
             for

26    fire protection and domestic uses.  ; trimming 





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 1         (xviii) TRIMMING and spraying trees and shrubbery.
              ;

 2     providing 

 3         (xix) PROVIDING and maintaining soil and beach erosion
             con-

 4    trol measures including, but not limited to, the construction of

 5    breakwaters, retaining walls, and sea walls, in or for township

 6     lands  PROPERTY or waters adjacent or contiguous
             to township

 7     lands; establishing  PROPERTY.

 8         (xx) ESTABLISHING and conducting chemical beach
             treatment

 9    service necessary for the control of aquatic nuisances such as

10    swimmers' itch or contracting with others to provide the

11    services.

12         (b) Levy and collect special assessments to pay the cost of

13    an improvement or service and issue bonds in anticipation of the

14    collection of the special assessments, upon filing the petition

15    and subject to the terms and conditions provided in sections 2 to

16    5.

17         (2) In an incorporated village, the common council or board

18    of trustees is vested with and shall perform the powers and

19    duties vested by this section and sections 2 to 5 in the township

20    board in areas outside of the incorporated village.

21         (3) The township board or  common  VILLAGE
             council  or board

22     of trustees  of an incorporated village may
                       purchase, accept by

23    gift or devise, or condemn private property.  If the property is

24    to be acquired by condemnation, the provisions of  Act No.
             149 of

25     the Public Acts of 1911, as amended, being sections 213.21
                       to

26     213.25 of the Michigan Compiled Laws;  1911 PA 149,
                       MCL 213.21 TO

27    213.25, the uniform condemnation procedures act,  Act No. 87
             of



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 1    the Public Acts of 1980, being sections 213.51 to 213.77 of
             the

 2     Michigan Compiled Laws;  1980 PA 87, MCL 213.51 TO
                       213.75, or

 3    other appropriate provisions of law may be adopted and used for

 4    the purpose of instituting and prosecuting the condemnation

 5    proceedings.

 6         (4) This act shall be known and may be cited as the

 7    "township and village public improvement and public service

 8    act".








































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