May 26, 2004, Introduced by Senators BISHOP, KUIPERS, CASSIS and BIRKHOLZ and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30903 and 30927 (MCL 324.30903 and
324.30927), as added by 1995 PA 59, and by adding section 30929.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 30903. (1) The lake board shall consist of all of the
2 following:
3 (a) A member of the county board of commissioners appointed
4 by the chairperson of the county board of commissioners of each
5 county affected by the
lake improvement project; a
6 representative of 2 representatives from each local unit of
7 government appointed by the legislative body of each local unit
8 of government, other than a county, affected by the project; and
9 the county drain commissioner or his or her designee, or a member
10 of the county road commission in counties not having a drain
1 commissioner. ;
and a representative of the department.
2 (b) A member elected by the members of the lake board serving
3 pursuant to subdivision (a) at the first meeting of the board or
4 at any time a vacancy exists under this subdivision. Only a
5 person who has an interest in a land contract or a record
6 interest in the title to a piece or parcel of land that abuts the
7 lake to be improved is eligible to be elected and to serve under
8 this subdivision. An organization composed of and representing
9 the majority of lakefront property owners on the affected lake
10 may submit up to 3 names to the board, from which the board shall
11 make its selection. The terms served by this member shall be 4
12 years in length.
13 (2) The lake board shall elect a chairperson and shall elect
14 a secretary who shall be 1 of the representatives of the local
15 units of government. The secretary shall attend meetings of the
16 lake board and shall keep a record of the proceedings and perform
17 other duties delegated by the lake board. The treasurer for the
18 local unit of government affected most by the project shall keep
19 the financial records and sign all vouchers for expenditures
20 approved by the lake board. All records of the lake board not
21 required to be maintained by the treasurer shall be transmitted
22 to the clerk for a local unit of government who shall maintain
23 the records. A majority of the members of the lake board
24 constitutes a quorum. The concurrence of a majority in any
25 matter within the duties of the board shall be required for the
26 determination of a matter.
27 (3) The clerk for a local unit of government shall maintain
1 all records for the lake board. A local unit of government may
2 charge a lake board for the cost of maintaining records and the
3 administration of financial affairs of the lake board, which
4 shall be an expense to the special assessment district.
5 (4) (3) The
department, upon request of the lake board,
6 shall provide whatever technical data it has available and make
7 recommendations in the interests of conservation.
8 Sec. 30927. (1) Within 10 days after the letting of
9 contracts or, in case
of for an appeal, then immediately after
10 the appeal has been decided, the lake board shall make a
11 computation of the entire cost of a project under this part that
12 includes all preliminary costs and engineering and inspection
13 costs incurred and all of the following:
14 (a) The fees and expenses of special commissioners.
15 (b) The compensation to be paid the board.
16 (c) The contracts for dredging or other work to be done on
17 the project.
18 (d) The estimated cost of an appeal if the apportionment made
19 by the lake board is not sustained.
20 (e) The estimated cost of inspection.
21 (f) The cost of publishing all notices required.
22 (g) All costs of the circuit court.
23 (h) Attorney fees for legal services in connection with the
24 project.
25 (i) Interest on bonds for the first year, if bonds are to be
26 issued.
27 (j) Any other costs necessary for the administration of lake
1 board proceedings, including, but not limited to, compensation of
2 county or local representatives serving on the lake board, record
3 compilation and retention, and state, county, or local government
4 professional staff services.
5 (2) In addition to the amounts computed under subsection (1),
6 the lake board may add not less than 10% or more than 15% of the
7 gross sum to cover contingent expenses, including additional
8 necessary hydrological
studies by the department. , and the
9 entire sum so
ascertained shall be The sum of
the amounts
10 computed under subsection (1) plus the amount added under this
11 subsection is considered to be the cost of the lake improvement
12 project.
13 (3) A lake board shall meet at least once a year to establish
14 a budget for improvements, services, or other expenditures
15 approved by the lake board.
16 (4) A lake board may retain an attorney to advise the lake
17 board in the proper performance of its duties. The attorney
18 shall represent the lake board in actions brought by or against
19 the lake board.
20 Sec. 30929. If a local governing body of any local unit of
21 government in which the whole or any part of the waters of any
22 public inland lake is situated, upon its own motion or by
23 petition of 2/3 of the freeholders owning land abutting the lake,
24 determines that a lake board is no longer necessary for the
25 improvement of the lake or adjacent wetlands because the reasons
26 for the establishment of the lake board no longer exist, the
27 local governing body may dissolve the lake board. However, the
1 lake board may be dissolved only if all outstanding indebtedness
2 and expenses have been paid in full and any excess funds have
3 been refunded based on the last approved assessment roll. Before
4 dissolution of a lake board, the local governing body shall hold
5 a public hearing and notice of the hearing on the dissolution of
6 the lake board shall be published twice in a newspaper of general
7 circulation in each local unit of government that is affected.
8 The first notice shall be published not less than 10 days before
9 the date of the public hearing.