SB-0593, As Passed Senate, December 13, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 593

 

 

September 27, 2017, Introduced by Senators SHIRKEY, STAMAS and BRANDENBURG and referred to the Committee on Finance.

 

 

     A bill to amend 1909 PA 279, entitled

 

"The home rule city act,"

 

by amending section 4a (MCL 117.4a), as amended by 2002 PA 201.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4a. (1) Each city in its charter may provide for the

 

borrowing of money on the credit of the city and issuing bonds for

 

the borrowing of money, for any purpose within the scope of the

 

powers of the city.

 

     (2) Notwithstanding a charter provision to the contrary, the

 

net indebtedness incurred for all public purposes shall must not

 

exceed the greater of the following:

 

     (a) Ten percent of the assessed value of all the real and

 

personal property in the city.

 

     (b) Fifteen percent of the assessed value of all the real and

 


personal property in the city if that portion of the total amount

 

of indebtedness incurred which that exceeds 10% is or has been used

 

solely for the construction or renovation of hospital facilities.

 

     (3) In case of fire, flood, or other calamity, the legislative

 

body may borrow for the relief of the inhabitants of the city and

 

for the preservation of municipal property, a sum not to exceed 3/8

 

of 1% of the assessed value of all the real and personal property

 

in the city, due in not more than 5 years, even if the loan would

 

cause the indebtedness of the city to exceed the limit established

 

by this section.

 

     (4) In computing the net indebtedness, all of the following

 

shall must be excluded:

 

     (a) Bonds issued in anticipation of the payment of special

 

assessments, even though they are also a general obligation of the

 

city.

 

     (b) Mortgage bonds that are secured only by a mortgage on the

 

property or franchise of a public utility.

 

     (c) Bonds issued to refund money advanced or paid on special

 

assessments for water main extensions.

 

     (d) Motor vehicle highway fund bonds, even though they are

 

also a general obligation of the city.

 

     (e) Revenue bonds.

 

     (f) Bonds issued or contract or assessment obligations

 

incurred to comply with an order of the water resources commission

 

or a court of competent jurisdiction.

 

     (g) Obligations incurred before January 9, 1973 for water

 

supply, sewage, drainage, or refuse disposal, or resource recovery


projects, or incurred after January 8, 1973 for projects necessary

 

to protect the public health by abating pollution. A certification

 

by the county, district, or state health department shall be is

 

sufficient proof that the project is necessary to protect the

 

public health by abating pollution.

 

     (h) Bonds issued to acquire housing for which rent subsidies

 

will be received by the city or an agency of the city under a

 

contract with the United States government and used by the city to

 

operate and maintain the housing and pay principal and interest on

 

the bonds.

 

     (i) Obligations entered into under an intergovernmental self-

 

insurance contract under section 5 of 1951 PA 35, MCL 124.5, or

 

issued to pay premiums or to establish funds to self-insure for

 

losses under the revised municipal finance act, 2001 PA 34, MCL

 

141.2101 to 141.2821.

 

     (j) Bonds issued or assessments or contract 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


that 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. This term

 

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) City 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.

 

     (5) The resources of the sinking fund pledged for the

 

retirement of any outstanding bonds shall must also be deducted

 

from the amount of the indebtedness.


     (6) An obligation for the construction, renovation, or

 

modernization of a hospital under subsection (2)(b) shall must not

 

be incurred after July 1, 1978 unless the construction, renovation,

 

or modernization has been approved in accordance with any

 

applicable act or unless the obligation is to refinance a previous

 

obligation.

 

     (7) Each city may provide in its charter for the borrowing of

 

money and issuing bonds for the borrowing of money in anticipation

 

of the payment of special assessments, which bonds may be an

 

obligation of the special assessment district or may be both an

 

obligation of the special assessment district and a general

 

obligation of the city.

 

     (8) Bonds issued and obligations incurred before July 31, 1973

 

are validated.

 

     (9) In computing the net indebtedness for the purposes of

 

subsection (2), there may be added to the assessed value of real

 

and personal property in a city for a fiscal year an amount equal

 

to the assessed value equivalent of certain city revenues as

 

determined under this subsection. The assessed value equivalent

 

shall must be calculated by dividing the sum of the following

 

amounts by the city's millage rate for the fiscal year:

 

     (a) The amount paid or the estimated amount required to be

 

paid by the state to the city during the city's fiscal year for the

 

city's use under the Glenn Steil state revenue sharing act of 1971,

 

1971 PA 140, MCL 141.901 to 141.921, and the amount of any eligible

 

reimbursement to the city under the local community stabilization

 

authority act, 2014 PA 86, MCL 123.1341 to 123.1362, except any


amount distributed under section 17(4)(c) of the local community

 

stabilization authority act, 2014 PA 86, MCL 123.1357, in excess of

 

the city's qualified loss. The department of treasury shall certify

 

the amount these amounts upon request. As used in this subdivision,

 

"qualified loss" means that term as defined in section 5 of the

 

local community stabilization authority act, 2014 PA 86, MCL

 

123.1345.

 

     (b) The amount levied by the city for its own use during the

 

city's fiscal year from the specific tax levied under 1974 PA 198,

 

MCL 207.551 to 207.572.

 

     (c) The amount levied by the city for its own use during the

 

city's fiscal year from the specific tax levied under the

 

commercial redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.