Section 472.13 - Acquiring, constructing, operating, and maintaining street railway system on highways of road authority; approval; terms and conditions; operating license agreement; public hearing; d
NONPROFIT STREET RAILWAY ACT (EXCERPT)
Act 35 of 1867
472.13 Acquiring, constructing, operating, and maintaining street railway system on highways of road authority; approval; terms and conditions; operating license agreement; public hearing; decision as final and binding; costs; easements; revoking consent or depriving rights and privileges; powers of street railway.
Sec. 13.
(1) A street railway may acquire, own, construct, furnish, equip, complete, operate, improve, and maintain a street railway system in and upon the streets and highways of a road authority with the approval of the road authority, on terms and conditions imposed by the road authority. The approval shall be embodied in an operating license agreement by and among a street railway and each road authority with jurisdiction over public streets and highways upon which the street railway operates or seeks to operate a street railway system, including, but not limited to, a city, village, or township road authority located in the city, village, or township in which the street railway system operates or seeks to operate. The operating license agreement shall include the terms and conditions for operation of the street railway system. Before approving an agreement, a road authority shall hold a public hearing on the proposed operating license agreement. The hearing shall be held in the city, village, or township in which the street railway seeks to operate a street railway system and shall be held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Notice of the public hearing shall be provided not less than 20 days before the date of the hearing. One or more road authorities may conduct a joint public hearing under this section. At a public hearing, a street railway and a road authority may present information regarding the proposed operating licensing agreement as the street railway or the road authority deems appropriate. When operating in and upon the streets and highways of a road authority, a street railway is subject to rules, regulations, or ordinances imposed by the road authority. A street railway shall not construct any street railway system in and upon the streets and highways of a road authority until the street railway accepts in writing any terms and conditions imposed by the road authority, the operating license agreement is approved under this section, and the agreement is filed with each road authority with jurisdiction over public streets and highways upon which the street railway will operate. A road authority has the power in its discretion to approve or disapprove an operating license agreement. A decision of a road authority regarding an operating license agreement shall be final and binding upon a street railway and other interested persons. The street railway shall pay the road authority for all of the road authority's costs incurred in constructing the street railway system, mitigating the impact of the street railway system on road users, the environment, and the surrounding neighborhoods, and modifying the streets or highways impacted by construction of the street railway system.
(2) A street railway may acquire, own, construct, furnish, equip, complete, operate, improve, maintain a street railway system upon public or private rights of way, and obtain easements when necessary for a street railway to acquire and use private property for acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway system.
(3) After a road authority consents to the acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining of a street railway system on the streets or highways of the road authority or grants a right or privilege to the street railway by entering into an operating license agreement with the street railway, the road authority may not revoke the consent or deprive the street railway of the rights and privileges conferred without affording the street railway procedural due process of law if and to the extent provided in the operating license agreement for the street railway.
(4) A street railway may do 1 or more of the following:
(a) Acquire by gift, devise, transfer, exchange, purchase, lease, or otherwise on terms and conditions and in a manner the street railway considers proper property or rights or interests in property relating to the operation of the street railway or street railway system.
(b) Take, transport, or carry and convey persons and property on a street railway system and receive just and fair compensation from users of the street railway system for that purpose.
(c) Erect and maintain all necessary and convenient buildings, structures, stations, depots, fixtures, and machinery for the accommodation and use of persons and property transported by the street railway.
(d) Regulate the time and manner in which persons and property may be transported by the street railway and fares or other compensation may be paid for that purpose. A street railway may charge just and fair compensation for the use of its street railway system.
(e) Borrow money and issue bonds and notes for any indebtedness incurred and may mortgage their street railway property and rights to secure the payment of bonds, notes, money borrowed, and any and all debts and liabilities which the street railway may incur. A street railway shall not use tax increments to repay bonds and notes.
(f) Transfer a street railway system to a public entity operating a public transportation system if the transfer is authorized by a law enacted after the effective date of the amendatory act that added section 21.
History: 1867, Act 35, Imd. Eff. Mar. 5, 1867 ;-- CL 1871, 2514 ;-- How. 3548 ;-- Am. 1893, Act 12, Imd. Eff. Mar. 4, 1893 ;-- CL 1897, 6446 ;-- Am. 1901, Act 234, Eff. Sept. 5, 1901 ;-- Am. 1905, Act 101, Imd. Eff. May 10, 1905 ;-- Am. 1905, Act 133, Imd. Eff. May 18, 1905 ;-- CL 1915, 8544 ;-- Am. 1919, Act 179, Eff. Aug. 14, 1919 ;-- CL 1929, 11304 ;-- CL 1948, 472.13 ;-- Am. 2008, Act 481, Imd. Eff. Jan. 12, 2009