September 27, 2018, Introduced by Rep. Hughes and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 30, 72, 155, 156, 157, 158, 159, 160, 246,
261, 381, 382, and 424 (MCL 280.30, 280.72, 280.155, 280.156,
280.157, 280.158, 280.159, 280.160, 280.246, 280.261, 280.381,
280.382, and 280.424), section 72 as amended by 1987 PA 60.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
30. It shall be the duty of each A commissioner to shall
make and keep a full financial statement of each drainage district.
The commissioner shall also make and keep in his or her office, in
a
book, to be provided for that purpose a complete
record of each
drainage
district. , which The
record shall include a copy of the
application
for laying out and designating such the district, of
the petition for the drain, of the minutes of the survey, of the
releases
of the right of way, where the same have been released, of
condemnation proceedings if instituted to obtain a property
interest necessary for the drain, of the orders of determination of
the necessity for and of the establishment of the drain, and of the
apportionment
and assessment of benefits therefor. Where special
commissioners
have been called, it shall also contain a copy of the
application
to the probate court, of the return of the special
commissioners
and of all other papers in his office necessary to
show
a complete history of each drainage district, all of which
said
original papers shall then be enrolled and filed in the office
of
the county drain commissioner. No drain tax for the drain. A
drain assessment shall not be spread until all the records required
have been deposited and filed in the office of the county drain
commissioner.
Sec. 72. (1) As soon as practicable after the filing of a
petition under section 71, the commissioner authorized to act on
the
petition , if not disqualified under section 381 to make the
apportionment
of benefits, may appoint a board of
determination
composed
of 3 disinterested property owners. If However, if the
commissioner is disqualified or chooses not to appoint the board of
determination, the commissioner shall immediately file a copy of
the petition with the chairperson of the county board of
commissioners, together with a statement signed by the commissioner
,
showing that he or she is
disqualified or chooses not to act in
appointing
a board of determination. Upon As
soon as practicable
after receiving a copy of the petition and certificate, the
chairperson
of the county board of commissioners
, if not privately
interested,
as soon as practicable, shall
appoint a board of
determination composed of 3 disinterested property owners and shall
immediately notify the drain commissioner of the names and
addresses
of those appointed. If However,
if the chairperson of the
board of commissioners has a private interest in the proceedings,
the drain committee of the county board of commissioners shall
appoint the board of determination. Members of boards of
determination shall be residents of the county but not of a
township,
city, or village affected by the drain, and may shall not
be members of the county board of commissioners of the county.
(2) A meeting of the board of determination shall be called
within the drainage district at a convenient place to be designated
by the drain commissioner. The board of determination meeting also
may be held at a public building within the city, village, or
township
in which the drain is located. If 1 of those an individual
appointed to the board of determination fails or refuses to serve,
the drain commissioner shall appoint a successor.
(3) The per diem compensation, mileage, and expenses of a
member of the board of determination shall be the same as the
county board of commissioners of the county. In counties where
commissioners are not paid on a per diem basis, the compensation,
mileage, and expenses shall be fixed by the drain commissioner. The
members of the board of determination shall not receive more than 1
per diem for a day no matter how many separate matters are
considered on that day.
(4) Upon request, the county drain commissioner shall inform
in
writing the requesting state legislator who represents that
portion
of the area in which the proposed
drain improvement is to
be constructed of the names and addresses of the persons appointed
to a board of determination.
(5) (2)
The drain commissioner shall give
public notice of the
time, date, and place of the meeting of the board of determination
in
the manner required by the open meetings act, Act No. 267 of the
Public
Acts of 1976, as amended, being sections 1976 PA 267, MCL
15.261
to 15.275, of the Michigan Compiled Laws, and by
publication
in a newspaper of general circulation in the county at least 10
days before the meeting. Notice also shall be served on the county
clerk and on the clerk of each township, city, and village in the
district, personally or by registered mail, at least 10 days before
the meeting. The drain commissioner also shall send notice, by
first class mail, of the time, date, and place of the meeting, to
each person whose name appears on the last city, village, or
township tax assessment roll as owning land within the special
assessment district, at the address shown on the roll. If an
address does not appear on the roll, a notice need not be mailed to
the person. The drain commissioner shall make an affidavit of the
mailing and shall recite in the affidavit that the persons to whom
the notice was mailed constitute all of the persons whose names and
addresses appear upon the tax rolls as owning land within the
particular
special assessment district. The
affidavit shall be is
conclusive proof that notice was mailed to each person to whom
notice is required to be mailed pursuant to this section. The
failure
of a person to receive a notice by mail shall not
constitute
is not a jurisdictional defect invalidating a drain
proceeding or tax, or both, if notice has been sent to that person
by first class mail as provided in this section. Expenses of
notification shall be paid by the drainage district when created.
(6) (3)
At the time and place fixed specified in the notice,
the board of determination shall meet, elect a chairperson and
secretary,
and proceed to determine the necessity of the proposed
drain and whether the drain is conducive to public health,
convenience, or welfare. The board of determination, if it
considers it necessary, shall require the county drain commissioner
to obtain from the county treasurer a statement showing the amount
of taxes and special assessments levied against the land in the
proposed drainage district on the tax rolls for the immediately
preceding 3 years and the amount of the taxes and assessments
remaining unpaid. If it appears from the statement that 25% or more
of the taxes are unpaid on the lands, further action on the
petition shall not be taken.
(7) After hearing the evidence offered, the board of
determination, shall
make its determination on by
majority vote of
its members, shall determine the necessity of the drain and whether
the drain is conducive to public health, convenience, or welfare.
If
the board of determination finds , by a majority vote of the
members,
that the drain is not necessary and
conducive to public
health, convenience, or welfare, the board of determination shall
file with the commissioner an order dismissing the petition, and a
further petition for the drain shall not be entertained within 1
year after the determination. If the board of determination, by a
majority
vote, finds that the drain proposed to be drain is
necessary and conducive to the public health, convenience, or
welfare, the board of determination shall make an order to that
effect and file the order with the commissioner. If the board of
determination finds that a portion of the construction of the
proposed drain is necessary for the protection of the public health
in
1 or more cities, villages, and or
townships, the order shall
set
forth the determination giving the names of and identify the
municipalities receiving benefit for health. If the board of
determination determines that the whole cost, except that to be
levied against state or county highways for highway benefits, is
necessary for the public health, the cost shall be levied against
the
townships, villages, and cities at large, and it shall is not
be
necessary, in a subsequent order or
notice to describe or refer
to
land included in or comprising the drainage district. Upon
filing
of the order of determination by
(8) Within 10 days after the board of determination files the
order of determination under subsection (7), the drain commissioner
,
within 10 days of filing, shall
notify each liable municipality
that it is liable to pay a percent of the cost of construction of
the drain by reason of benefits at large for public health. The
governing body of the township, city, or village, within 20 days
after receipt of the notification by registered mail from the drain
commissioner, may appeal the order of the board of determination to
the
probate circuit court having jurisdiction in the county in
which
the township, city, or village is located. Upon receipt of
the
order of the board of determination, and if If an appeal has
not
been timely taken by a municipality to the probate circuit
court,
the commissioner , after 20 days, shall make his or her
first order of determination in writing, giving the name or number
of the drainage district. The commissioner shall establish the
commencement, route, terminus, and type of construction of the
drain,
a copy of which order he or she shall file, and, within
15
days, file a copy of the order in his or her office. If an appeal
is
taken to the probate circuit
court by a municipality, the
commissioner shall file his or her first order of determination
after the appeal procedures are terminated.
Sec. 155. The owner of any land in the drainage district or
any
city, township, village, district or county having control of
any
highway which may feel aggrieved by the apportionment of
benefits
so made by the commissioner, may,
within 10 20 days after
the
day of review of such apportionments, the apportionment under
section
154, appeal therefrom and for such
purpose make an
application
to the probate court of the proper county for the
appointment
of a board of review, the
apportionment by filing with
said
probate the circuit court a notice of appeal and at the same
time
filing with said court a bond in such sum as the judge of
probate
may require, a bond in a sum
required by the circuit court,
with
1 or more sureties to be approved by the judge of probate
circuit court, conditioned upon the payment of all costs in case
the
apportionment made by the commissioner shall be is sustained.
Such
an appeal may be taken by the board
of county or district road
commissioners
in behalf of the county , or
by the mayor of any city
in behalf of the city, by the supervisor in behalf of any township,
or
by the president of any village in behalf of the village when
authorized
by the village or city council, township board or road
commission,
respectively. Only 1 board shall be appointed by such
probate
court.respective legislative
body.
Sec.
156. (1) The probate circuit court, immediately upon
receipt
of any such application as hereinbefore provided for shall
forthwith
a notice of appeal and bond
under section 155, shall
notify
the commissioner in writing of such the appeal, and shall
thereupon
then make an order appointing 3 disinterested and
competent
freeholders of such the county, who
are not residents of
the
a township or townships affected by said the drain,
as members
of
a board of review. The persons
so appointed shall constitute the
board
of review. The circuit court
shall appoint only 1 board of
review for all appeals of the apportionment of benefits for a
single
drain. The court shall thereupon, then, with
the concurrence
of
the commissioner, immediately fix the time and place when and
where
said for a meeting of the board of review shall meet to
review
said apportionments, which time the
apportionment. The
meeting shall be held not be less than 10 nor more than 15 days
from
the date of filing such the
appeal.
(2)
The commissioner shall thereupon then give
notice to the
persons so appointed of their appointment and of the time and place
of
meeting , and
shall give notice of such the
meeting by posting
notices
in at least 5 public places in each
township forming a part
of
the drainage district, and shall serve a like similar notice
upon
the appellant if he be the
appellant is a resident of any
township
affected. Such The notice to
the appellant shall be made
given by personal service not less than 5 days before the day of
the
hearing. and shall be made by
personal service. Proof of
service of the notice of appeal shall be made by the person serving
said
the notice and be filed in the office of the judge of
probate.circuit court.
(3)
At such hearing the board of review
shall have the right,
and
it shall be their duty, to review all apportionments for
benefits
made by the commissioner on such drain. The persons so
appointed shall be sworn by the commissioner to faithfully
discharge
the duties of such the board of review.
Sec.
157. (1) The board of review shall proceed at the time ,
date,
and place specified in the notice under section 156(2) to
hear
the proofs and allegations of the parties in respect to an the
appeal, shall proceed to view the lands benefited by the drain and
shall
review the apportionments apportionment
of benefits made by
the
commissioner on the drain. If in their the board of review's
judgment there is a manifest error or inequality in the
apportionments
they apportionment, the board
shall order and make
the
changes in the apportionment as they may consider that it
considers just and equitable.
(2) If the board of review upon personal examination finds
that a land liable to be assessed for the construction of the drain
is not included in the drainage district made by the commissioner,
they
the board shall add the land to the drainage district of the
drain and shall adjourn the review to another time or another place
and
time, as they consider proper, but
not in all more than 20 days
from
and cumulatively after the time of review first advertised.
The notice of the adjournment shall contain a description of lands
added to the drainage district. The notice shall be given at least
10
days before the adjourned day of review. Should If the
owners of
land
liable to an assessment be are
nonresidents of the county,
personal notice shall be served on the owners, or a notice shall be
published
at least twice in a weekly newspaper published in the
county,
of at least 2 insertions, giving the description of the
land
added to the assessment district and giving the time, date,
and
place where the board shall will
meet.
(3)
The action and decision of the board shall
be are final.
The
action and decision shall be reduced to in writing, and
signed
by
a majority of the board making the decision, and shall be
delivered to the commissioner together with other papers relating
to the decision.
Sec.
158. In case If the apportionment of the commissioner
shall
be is sustained by such the board
of review under section
157,
the appellant shall pay the whole costs
and expenses of such
the
appeal. Such The costs
and expenses shall be ascertained and
determined
by the judge of probate, circuit
court, and if not paid
the
appellant shall be is liable on his the bond under section 155
for
the full amount of such the
costs in an action at law, to be
brought
by the commissioner on the bond
before any court having
competent jurisdiction.
Sec.
159. Should any or all of the persons so If any person
appointed under section 156 as a member of a board of review
neglect
or refuse neglects, refuses,
or is unable to serve, or
be
unable
to act, the commissioner shall
adjourn the hearing for a
sufficient
length of time, not exceeding in all 10 days
cumulatively, to enable him the commissioner to apply to the
probate
circuit court , for
the appointment of other persons to act
on
such board of review a
replacement and shall make a public
announcement
of the time and place of such the
adjournment. The
review
shall thereupon be deemed a continuous proceeding and In
that
case, no further notice shall be is required.
The probate
circuit
court shall, upon
the showing being made , either that
any
or
all the persons person appointed as aforesaid have neglected,
refused, or were
was unable to act as the case may be and of the
adjourned
day of meeting, at once immediately
by order appoint such
other
another person or persons duly qualified to fill such
the
vacancy.
And the The commissioner shall notify the each person
or
persons
so appointed to fill such a vacancy
of his or her
appointment
and of the adjourned day of meeting. The person so
appointed
shall have the same power and perform the same duties as
are
herein provided for the board of review in the first instance.
Sec.
160. In case the apportionment made by the commissioner
is
sustained, the individual, county, township, city or village
appealing
shall be severally liable for all costs incurred by such
appeal
and the same proceedings shall be had throughout in all
respects
in said appeal as to the benefits and liabilities in case
of
an appeal from an individual apportionment: Provided, That only
1
board of review shall be appointed by such probate court for any
one
drain. The board of review herein
provided for may adjourn any
hearing before them from time to time as justice may require, not
exceeding
in all 20 days
cumulatively from the date of their its
first meeting.
Sec. 246. Newspaper publishers shall receive legal rates for
advertising.
The judge of probate circuit
court shall receive 10
cents per folio for making exemplified copies of any proceedings
had
in the probate circuit court. and $2.00 for the appointment of
special
commissioners, including certified copy of the order of the
appointment.
Special commissioners may be appointed to determine
the
necessity of drains and the necessity of taking property for
the
use of such improvement and appraise damages therefor. Members
of boards of review, boards of determination, surveyors and
attorneys employed, shall present their account for services
rendered and expenses under oath to the board of county auditors in
a
county having a board of auditors or to the judge of probate
circuit
court in other counties. ,
and it shall be the duty of said
board
or judge to The board of
county auditors or circuit court
shall
audit and allow the said accounts
and direct the same to be
paid
their payment from the revolving drain fund of the county. :
Provided,
That in case However, if the board of determination or
special
commissioners determine said determines
that the proposed
drain is not necessary, payment for all such service shall be made
from the general fund of the county.
Sec. 261. (1) Within 10 days after the letting of contracts,
or
in case of an appeal, then forthwith after such appeal shall
have
been immediately after the
appeal is decided, the commissioner
shall
make a computation of compute
the entire cost of such the
drain,
which shall include (1) all the including
all of the
following:
(a) The expense of laying out and designating the drainage
district,
which item of expense shall include the entire including
the
cost of the survey. ;
(2) the
(b) The expense of locating, establishing, and constructing
the
drain. ; (3) the
(c)
The fees and expenses of special
commissioners; (4) the
condemnation proceedings.
(d)
The compensation to be paid the board
of review. ; (5) the
(e)
The cost of construction of bridges and
culverts. ; (6)
the
(f) The contracts for the construction of the drain, or other
work
to be done on the drain. said drain; (7) the
(g) The estimated cost of an appeal in case the apportionment
made
by the commissioner is not
sustained. shall not be sustained;
(8)
the
(h)
The estimated cost of inspection. ;
(9) the
(i)
The cost of publishing all notices
required. ; (10) all
fees
of the probate judge; (11) attorney
(j) Circuit court fees.
(k)
Fees for legal services in connection
with the drain. ;
and
(12) interest
(l) Interest on bonds for the first year, if bonds are to be
issued. ,
and he
(2)
The drain commissioner shall add the
whole into a gross
sum
and add thereto to the amount
computed under subsection (1) not
less than 10% nor more than 15%, at the discretion of the drain
commissioner,
of said gross sum that
amount to cover contingent
expenses. ,
and the The entire sum so ascertained shall be deemed
to
be the is considered the cost of construction of such the drain.
Sec.
381. Whenever the commissioner of any county shall
receive
If a drain commissioner
receives a petition asking for
the
laying out, construction, cleaning out, deepening, or widening of
any
drain, or a petition asking a
drain or for proceedings by
virtue
of which any an assessment upon lands for benefits received
would
result, wherein such commissioner shall be interested by
reason
of himself, wife or child, owning and
the commissioner is
interested because the commissioner, the commissioner's spouse, or
the commissioner's child owns lands that would be liable to an
assessment
for benefits upon for the work or proceeding proposed to
be
done or had, and in cases where such or the commissioner may
be
is otherwise disqualified to act in the making of apportionment of
benefits,
such the commissioner shall file a copy of such the
petition
with the judge of probate of the county, circuit court,
together
with a statement signed by him, the
commissioner, showing
that
he or she is disqualified to act in making such make the
apportionment of benefits.
Sec.
382. Upon Within 15 days
after receiving such a petition
and
certificate aforesaid, the judge of probate statement under
section
381, the circuit court shall ,
within not less than 15
days,
appoint a disinterested
commissioner of an adjoining or
nearby
county to make the apportionment of benefits on said the
drain.
It shall be the duty of said disinterested commissioner, so
appointed,
to make and complete within a period of Within 30 days
after his or her appointment, or within such reasonable time
thereafter as may be necessary, the appointed commissioner shall
make
an apportionment of the benefits of said
the drain and file
the
same apportionment with the said disqualified commissioner. ,
and
said The apportionment shall be adopted for said the drain,
subject
to the same rights of appeal as provided in this act. Said
The disqualified commissioner shall furnish the commissioner so
appointed with a copy of his or her final order of determination on
said
the drain.
Sec.
424. (1) Whenever a If an existing disposal
plant,
filtration plant, or other mechanical device to purify the flow of
such
a drain or sewer has been heretofore constructed,
but is
inoperative
or improperly operated and, in the opinion of the state
commissioner
of director of the department
of health and human
services, the public health is consequently endangered, by reason
thereof,
said state commissioner of the
director of the department
of
health and human services may file
with the judge of probate
circuit
court of the county in which said the facilities
are
located , a petition reciting setting forth his or her findings and
recommendations
as to how the menace endangerment
to health may be
corrected or the nuisance may best be abated and how the improperly
operated or inoperative disposal plant, filtration plant, or other
mechanical device to purify the flow of a drain or sewer should be
repaired,
maintained, and operated. Upon
satisfying himself as to
the
reasonableness of said recommendations, it shall be the duty of
the
judge of probate of said county to If
the circuit court finds
that the recommendations are reasonable, the circuit court shall
direct
the drain commissioner of said the
county to prepare a plan
for and estimate the annual cost of executing the recommendations
of
the state commissioner of director
of the department of health
and
human services, and/or of
rehabilitation, ordinary maintenance
and
operation of said improperly operated or inoperative
facilities,
to prepare a map showing the extent
of the area
contributing
to said the condition, and to make a determination of
determine the annual expense thereof apportioned according to
benefits to the state highways, cities, villages, and townships
benefited. by
the same. Upon receipt of the map, tentative
assessment district, and other information from the county drain
commissioner,
the judge of probate circuit
court shall give notice
of
said the facts and of the date of receiving appeals. Notice
shall
be given by publication in at least 2
insertions in some
twice in a newspaper published and of general circulation in the
county,
if there be is one, the first publication to be at least 10
days
before the date set for receiving appeals. and said notice
Notice shall also be posted at least 10 days before the date for
receiving appeals in 5 or more conspicuous places in each city,
village, and
township , where
any part of the district may be is
located
and within the limits of such the
district.
(2) The
state highway commissioner director
of the state
transportation
department or any city, township, or
village, which
may
feel aggrieved by the apportionment
of benefits so made by the
drain
commissioner may make an application to said probate court
for
review of the apportionment by a board of review appeal the
apportionment
by filing with said probate the circuit court a
notice
of appeal. Only 1 board of review shall be appointed by said
court.
Upon receipt of any such notices
of appeal, as hereinbefore
provided,
the probate court shall forthwith a
notice of appeal, the
circuit court shall immediately notify the drain commissioner, in
writing,
of such the appeal and thereupon shall make
an order
appointing
3 disinterested freeholders of such the county, who are
not
residents of said the district, to constitute such as a board
of
review for all the appeals. The court shall thereupon, then,
with
the concurrence of the drain commissioner, immediately fix
establish
the time and place when and where
said for a meeting of
the
board of review shall meet to
review said apportionments, which
said
time the apportionment. The
meeting shall be held not
less
than
10 nor or more than 15 days from after the
date of filing such
the appeal.
(3) The
drain commissioner shall thereupon give notice to the
persons
so appointed under
subsection (2) notice of their
appointment
and of the time and place of the meeting, and shall
give
notice of such the meeting by posting notices in at least 5
public places in each city, village, and township forming a part of
the
drainage district, and shall serve a like similar notice
upon
the
director of the state highway commissioner transportation
department
and each of said those cities,
villages, and townships.
Such
The service shall be made not less than 5 days before the
hearing.
Return shall be made by the person serving said the notice
and
shall be filed in the office of the judge of probate. At such
hearing
the board of review shall have the right and it shall be
their
duty to review all apportionments made by the drain
commissioner.
circuit court. Persons appointed on said to the board
of review shall be sworn by the drain commissioner to faithfully
discharge
their duties as members of said the
board.
(4) The board of review shall proceed at the time and place
specified in the notice to hear the proofs and allegations of all
parties
in respect to the matter of appeal . A and to review
of
apportionments
shall be made by the board of review and if, the
entire
apportionment. If in their the board of review's judgment,
there
shall be is manifest error or inequality in such
apportionments,
they the apportionment, the
board shall order and
make
such changes therein as they shall deem in the apportionment
that
it considers just and equitable. Determination
The
determination of the drain commissioner, if not appealed from, or
of
said the board, in case of an appeal, shall be is final
and
there
shall be is no right of appeal from such the determination,
except by writ of certiorari to the proper court. The determination
shall
be reduced to in writing, and signed by the drain
commissioner, or in case of appeal, by a majority of the board
making
the same, determination, and shall be delivered to the judge
of
probate circuit court together with all other papers relating
thereto.
Upon the apportionments becoming final, as hereinbefore
set
forth, the judge of probate to
the apportionment. When the
apportionment
becomes final, the circuit court shall
deliver said
the
approved roll of apportionments the apportionment of benefits
and
expense to the drain commissioner.
, who The drain commissioner
shall
assess the amounts therein set forth in the roll to the
respective
cities, villages, and townships involved. ,
and said The
cities,
villages, and townships shall thereafter make payment
thereof
as collected pay the amounts in quarterly installments to
the county treasurer to be deposited in a separate fund for the
rehabilitation,
ordinary maintenance, and operation of said the
facilities. ,
which said The fund shall be paid out only on the
order
of the drain commissioner of the county in which said the
facilities are located.
(5) Payment
Costs for services and providing for substitute
membership
necessary on the board of review shall be in accordance
with
paid as provided in sections 158 and 159. of this act. Such
necessary
Necessary costs of the proceeding shall be determined by
the
judge of probate, said cost to be circuit court, paid from the
revolving
fund of the county, and same to be returned to the county
out
of the first assessment against said the district. Immediately
upon
receipt of sufficient funds, so to do, the drain commissioner
of the county shall proceed with the rehabilitation, ordinary
maintenance, and
operation of said the facilities
, and shall
continue
the same as long as funds are
available. The costs and
charges
hereinbefore set forth provided
for in this section shall
be an annual charge and shall be assessed against the state
highways
and the several cities, villages, and townships by said
the
drain commissioner each year as long as
said the facility
continues
to be operated. , unless in the opinion of the drain
commissioner,
the state highway commissioner or of any of said
cities,
villages or townships, said apportionment should be
changed,
in which event either said drain commissioner, However,
the
director of the state highway commissioner, transportation
department
or any of said the cities,
villages, or townships may
petition
the judge of probate circuit
court of the county in which
said
the proceedings were had for the appointment of a board
of
review
to reapportion said the expense.
, and on filing said
petition
said judge of probate shall proceed to The circuit court
shall appoint a board of review on notice and in the manner
hereinbefore
set forth, which said provided
for in this section.
The
board of review shall review such the assessments
and make a
new
apportionment. : Provided, however, That no However, a
reapportionment
shall not be made oftener more often than once in
each calendar year.
(6) The
several cities, villages, and townships against whom
which
an assessment is made, as hereinbefore
provided for in this
section, shall collect for such expense so assessed to
them under
this
act the amount assessed by charges for the use of said the
facilities, to be added to and collected with the water rates of
said
the cities, villages, and townships, in the same
manner as
other
water rates of said the cities, villages, and townships are
collected,
or in such other manner as the several governing bodies
of
said the respective cities, villages, and
townships may
determine.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.