November 8, 2018, Introduced by Senator CASPERSON and referred to the Committee on Government Operations.
A bill to amend 1952 PA 214, entitled
"An act authorizing the Mackinac bridge authority to acquire a
bridge connecting the upper and lower peninsulas of Michigan,
including causeways, tunnels, roads and all useful related
equipment and facilities, including park, parking, recreation,
lighting and terminal facilities; extending the corporate existence
of the authority; authorizing such authority to enjoy and carry out
all powers incident to its corporate objects; authorizing the
appropriation and use of state funds for the preliminary purposes
of the authority; providing for the payment of the cost of such
bridge and in that connection authorizing the authority to issue
revenue bonds payable solely from the revenues of the bridge;
granting the right of condemnation to the authority; granting the
use of state land and property to the authority; making provisions
for the payment and security of such bonds and granting certain
rights and remedies to the holders thereof; authorizing banks and
trust companies to perform certain acts in connection therewith;
authorizing the imposition of tolls and charges; authorizing the
authority to secure the consent of the United States government to
the construction of the bridge and to secure approval of plans,
specifications and location of same; authorizing employment of
engineers irrespective of whether such engineers have been
previously employed to make preliminary inspections or reports with
respect to the bridge; authorizing the state highway department to
operate and maintain such bridge or to contribute thereto and enter
into leases and agreements in connection therewith; exempting such
bonds and the property of the authority from taxation; prohibiting
competing traffic facilities; authorizing the operation of ferries
by the authority; providing for the construction and use of certain
buildings; and making an appropriation,"
(MCL 254.311 to 254.332) by amending the title, as amended by 1992
PA 120, and by adding section 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act authorizing the Mackinac bridge authority to acquire a
bridge and a utility tunnel connecting the upper and lower
peninsulas of Michigan, including causeways, tunnels, roads and all
useful related equipment and facilities, including park, parking,
recreation, lighting, and terminal facilities; extending the
corporate
existence of the authority; authorizing such the
authority to enjoy and carry out all powers incident to its
corporate objects; authorizing the appropriation and use of state
funds for the preliminary purposes of the authority; providing for
the
payment of the cost of such the
bridge and in that connection
authorizing the authority to issue revenue bonds payable solely
from the revenues of the bridge; granting the right of condemnation
to the authority; granting the use of state land and property to
the authority; making provisions for the payment and security of
such
bonds and granting certain rights
and remedies to the holders
thereof;
of bonds; authorizing banks and trust companies to perform
certain
acts in connection therewith; with
the payment and security
of bonds; authorizing the imposition of tolls and charges;
authorizing the authority to secure the consent of the United
States government to the construction of the bridge and to secure
approval
of plans, specifications, and location of same; the
bridge;
authorizing employment of engineers irrespective
regardless
of
whether such those engineers have been previously employed to
make preliminary inspections or reports with respect to the bridge;
authorizing
the state highway transportation
department to operate
and
maintain such the bridge or to contribute thereto to the bridge
and
enter into leases and agreements in connection therewith; with
the
bridge; exempting such bonds and
the property of the authority
from taxation; prohibiting competing traffic facilities;
authorizing the operation of ferries by the authority; authorizing
the operation of a utility tunnel by the authority; providing for
the construction and use of certain buildings; and making an
appropriation.
Sec. 14. (1) The authority may acquire, construct, operate,
maintain, improve, repair, and manage a utility tunnel. The
authority shall determine the rates charged for the services
offered by the utility tunnel. The authority may enter into
contracts or agreements necessary to perform its duties and powers
under this act, including, but not limited to, leasing the right to
use a utility tunnel on terms and for consideration determined by
the authority. This subsection does not authorize the authority to
incur obligations that would constitute an indebtedness of this
state contrary to the state constitution of 1963.
(2) The authority may purchase or otherwise acquire at a fair
and reasonable price property and property rights in connection
with the construction of a utility tunnel, including, but not
limited to, roads, structures, rights-of-way, franchises,
easements, and other interests in land, including land under water;
the riparian rights of any person; and the right to cut off light,
air, and access to real property.
(3) The authority may enter on any land, water, or premises to
make a survey, sounding, or examination in connection with the
construction of a utility tunnel. The authority has the right to
use and full easements and rights-of-way through, across, under,
and over any lands or property owned by this state or in which this
state has any right, title, or interest, without consideration,
that may be necessary or convenient to the construction and
efficient operation of the utility tunnel.
(4) The authority may perform all acts necessary to secure the
consent of any department, agency, instrumentality, or officer of
the United States government or this state to the construction and
operation of a utility tunnel and the charging of fees for its use,
and to secure the approval of any department, agency,
instrumentality, or officer of the United States government or this
state required by law to approve the plans, specifications, and
location of the utility tunnel or the fees to be charged for the
use of the utility tunnel.
(5) The creation of the authority and the carrying out of the
authority's purposes, including a utility tunnel, are for the
benefit of the people of this state and constitute a public
purpose, and the authority is performing an essential government
function in the exercise of the powers conferred upon it by this
act. All property owned by the authority related to a utility
tunnel is exempt from all taxes levied by this state and all of its
political subdivisions and taxing districts, and the authority is
not required to pay taxes or assessments upon its activities or
upon any of its revenues. If a tax of any nature is legally imposed
on any property or obligation of the authority in connection with a
utility tunnel, and that tax is determined to be valid and
effective, the tax shall be paid from the revenues of the authority
as an expense of maintaining and operating the utility tunnel.
(6) As used in this section, "utility tunnel" means a tunnel
joining and connecting the upper and lower peninsulas of this state
at the Straits of Mackinac for the purpose of accommodating utility
infrastructure, including, but not limited to, pipelines, electric
transmission lines, facilities for the transmission of data and
telecommunications, all useful and related facilities, equipment,
and structures, and all necessary tangible or intangible real and
personal property, licenses, franchises, easements, and rights-of-
way.