March 18, 2010, Introduced by Reps. Walsh, DeShazor, Elsenheimer, Kowall, Stamas, Marleau, Horn, Rick Jones and Crawford and referred to the Committee on Tax Policy.
A bill to amend 1939 PA 342, entitled
"County public improvement act of 1939,"
by amending section 5a (MCL 46.175a), as amended by 2002 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. As an additional or alternative method of acquiring
and constructing any of the improvements or facilities authorized
by this act, the county, acting through its county agency, and any
unit of government may enter into contracts providing for the
acquisition, construction, and financing of improvements or
facilities in the manner authorized in this act. The contracts
shall provide for the allocation and payment of the share of the
total cost to be borne by each unit of government in annual
installments for a period of not exceeding 40 years, and each
contracting unit of government is authorized to pledge its full
faith and credit for the payment of the obligation in the manner
and times specified in the contracts. A contract described in this
section is not subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821. For the purpose of making payment
of its pledged share of the cost of the improvements or facilities,
any contracting unit of government may use any, or all, or any
combination of the following methods of raising funds:
(a) The levy of a tax on taxable property by a unit of
government having the power to tax, which tax may be imposed
without limitation as to rate or amount and in addition to any
taxes that the unit of government may be authorized to levy but not
more than the rate or amount sufficient for those purposes.
(b) The levy of special assessments on property benefited by
the improvements, the procedures relative to the making and
collection of the special assessments to conform as near as may be
to applicable charter or statutory provisions. After December 31,
2009, if a special assessment district on property benefited by the
improvements includes the entire contracting unit of government,
the question of raising money by special assessment and the amount
of the special assessment to be levied shall be approved by a
majority of the electors of the contracting unit of government at a
general election or special election called for that purpose.
(c) The levy and collection of rates or charges to users and
beneficiaries of the service furnished by the improvement.
(d) From money received or to be received derived from the
imposition of taxes by this state, except as the use of the money
for that purpose is expressly prohibited by the state constitution
of 1963.
(e) From any other funds that may be validly used for that
purpose. The contracts may provide for any and all matters relating
to the acquisition, construction, and financing of the improvements
or facilities as are considered necessary, including the authority
to the county agency to issue bonds secured by the full faith and
credit contractual pledges of the contracting unit of government,
as authorized by section 5c. The contracts may provide for
appropriate remedies in case of default, including, but not limited
to, the right of the contracting unit of government to authorize
the state treasurer or other official charged with the disbursement
of unrestricted state funds returnable to the governmental units
under the state constitution of 1963, to withhold sufficient funds
to make up any default or deficiency in funds.