reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3255 - Competitive Grant Process; Criteria; Priorities.

484.3255 Competitive grant process; criteria; priorities.
Sec. 5.
(1) An award of funds must be issued by a competitive grant process. The grant process must be technology neutral, and result in awards to applicants proposing projects based on objective and efficient procedures. The criteria for determining the award of funds must include the following:
(a) The applicant's experience and financial wherewithal.
(b) The readiness to build, operate, and maintain the project.
(c) The long-term viability of the project.
(d) The scalability of the network.
(e) The applicant's ability to leverage broadband for community and economic development.
(f) The applicant's ability to provide discounted broadband service throughout the unserved area to low-income households.
(2) Priority must be given to projects that demonstrate collaboration to achieve community investment and economic development goals of the area impacted, and that are able to demonstrate that they have the managerial, financial, and technical ability to build, operate, and manage a broadband network.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3256 - Competitive Scoring Criteria; Establish and Publish on Website.

484.3256 Competitive scoring criteria; establish and publish on website.
Sec. 6.
Within 30 days after receiving an appropriation or federal funding to implement this act, the department shall establish and publish on the department's website the criteria for competitively scoring applications. Within 60 days after the department publishes the criteria, applicants shall submit their applications for funding of their proposed project.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3258 - Request to Delineate an Area as Unserved; Requirements; Subject to Challenge by Internet Service Providers.

484.3258 Request to delineate an area as unserved; requirements; subject to challenge by internet service providers.
Sec. 8.
(1) As part of an application under this act, an applicant may request that the department specifically delineate an area within a census block as being an unserved area. To tentatively establish an unserved area within a census block, an applicant must attest to all of the following:
(a) The delineated area within the census block is unserved and does not have access to broadband service.
(b) To the best of the applicant's knowledge, no other internet service provider has plans to provide broadband service within the delineated area within 3 years after the date of the application.
(c) The delineated area is not within a census block that has been selected to receive, provisionally or otherwise, funding to support the expansion of broadband networks from the Federal Communications Commission or the United States Department of Agriculture.
(2) If a delineated area within a census block is tentatively determined by the department to be an unserved area, the recommended grant award for the application is still subject to a challenge by internet service providers under section 7(5) and (6).
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3259 - Notice of Grant Award Recipients.

484.3259 Notice of grant award recipients.
Sec. 9.
At the time a grant is awarded to an applicant, the department shall immediately provide notice on its website of each application receiving a grant, including the name of the entity, the amount of money being received, the broadband speed, and the unserved area for which the applicant is receiving the grant.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3260 - Semiannual Report.

484.3260 Semiannual report.
Sec. 10.
The department shall require an applicant awarded a grant to submit a semiannual report from the time the applicant receives the grant to 3 years after completion of the project. The semiannual reports must be made available on the department's website with any proprietary information redacted. The reports must be in a format specified by the department and give an accounting by the applicant of the use of the money received and the progress toward fulfilling the objectives for which the money were granted, including all of the following:
(a) The number and location of residences and businesses that will have access to the broadband service.
(b) The speed of broadband service.
(c) The average price of broadband service.
(d) The broadband service adoption rates.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 224 of 2020 - Broadband Expansion Act of Michigan (484.3251 - 484.3261) › Section 484.3261 - Falsification of Statement; Ineligible for Grant.

484.3261 Falsification of statement; ineligible for grant.
Sec. 11.
A person that files a false statement under this act is ineligible to receive a grant under this act the next time grants are issued after filing that false statement.
History:
2020, Act 224, Imd. Eff. Oct. 16, 2020
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3301 - Short Title; Definitions.

484.3301 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "uniform video services local franchise act".
(2) As used in this act:
(a) "Cable operator" means that term as defined in 47 USC 522(5).
(b) "Cable service" means that term as defined in 47 USC 522(6).
(c) "Cable system" means that term as defined in 47 USC 522(7).
(d) "Commission" means the Michigan public service commission.
(e) "Franchising entity" means the local unit of government in which a provider offers video services through a franchise.
(f) "Household" means a house, an apartment, a mobile home, or any other structure or part of a structure intended for residential occupancy as separate living quarters.
(g) "Incumbent video provider" means a cable operator serving cable subscribers or a telecommunication provider providing video services through the provider's existing telephone exchange boundaries in a particular franchise area within a local unit of government on the effective date of this act.
(h) "IPTV" means internet protocol television.
(i) "Local unit of government" means a city, village, or township.
(j) "Low-income household" means a household with an average annual household income of less than $35,000.00 as determined by the most recent decennial census.
(k) "Open video system" or "OVS" means that term as defined in 47 USC 573.
(l) "Person" means an individual, corporation, association, partnership, governmental entity, or any other legal entity.
(m) "Public rights-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easements dedicated for compatible uses.
(n) "Uniform video service local franchise agreement" or "franchise agreement" means the franchise agreement required under this act to be the operating agreement between each franchising entity and video provider in this state.
(o) "Video programming" means that term as defined in 47 USC 522(20).
(p) "Video service" means video programming, cable services, IPTV, or OVS provided through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC 332(d) or provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public internet.
(q) "Video service provider" or "provider" means a person authorized under this act to provide video service.
(r) "Video service provider fee" means the amount paid by a video service provider or incumbent video provider under section 6.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3305 - Renewal or Extension of Existing Franchise Agreement; Unreasonable and Unenforceable Provisions; Burdensome Terms, Conditions, or Requirements.

484.3305 Renewal or extension of existing franchise agreement; unreasonable and unenforceable provisions; burdensome terms, conditions, or requirements.
Sec. 5.
(1) As of the effective date of this act, no existing franchise agreement with a franchising entity shall be renewed or extended upon the expiration date of the agreement.
(2) The incumbent video provider, at its option, may continue to provide video services to the franchising entity by electing to do 1 of the following:
(a) Terminate the existing franchise agreement before the expiration date of the agreement and enter into a new franchise under a uniform video service local franchise agreement.
(b) Continue under the existing franchise agreement amended to include only those provisions required under a uniform video service local franchise.
(c) Continue to operate under the terms of an expired franchise until a uniform video service local franchise agreement takes effect. An incumbent video provider has 120 days after the effective date of this act to file for a uniform video service local franchise agreement.
(3) On the effective date of this act, any provisions of an existing franchise that are inconsistent with or in addition to the provisions of a uniform video service local franchise agreement are unreasonable and unenforceable by the franchising entity.
(4) If a franchising entity authorizes 2 or more video service providers through an existing franchise, a uniform video service local franchise agreement, or an agreement under section 13, the franchising entity shall not enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements contained in another franchise agreement.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3307 - Audits; Claims for Unpaid Fees or Refunds; Identification and Collection as Separate Line Item.

484.3307 Audits; claims for unpaid fees or refunds; identification and collection as separate line item.
Sec. 7.
(1) No more than every 24 months, a franchising entity may perform reasonable audits of the video service provider's calculation of the fees paid under section 6 to the franchising entity during the preceding 24-month period only. All records reasonably necessary for the audits shall be made available by the provider at the location where the records are kept in the ordinary course of business. The franchising entity and the video service provider shall each be responsible for their respective costs of the audit. Any additional amount due verified by the franchising entity shall be paid by the provider within 30 days of the franchising entity's submission of an invoice for the sum. If the sum exceeds 5% of the total fees which the audit determines should have been paid for the 24-month period, the provider shall pay the franchising entity's reasonable costs of the audit.
(2) Any claims by a franchising entity that fees have not been paid as required under section 6, and any claims for refunds or other corrections to the remittance of the provider, shall be made within 3 years from the date the compensation is remitted.
(3) Any video service provider may identify and collect as a separate line item on the regular monthly bill of each subscriber an amount equal to the percentage established under section 6(1) applied against the amount of the subscriber's monthly bill.
(4) A video service provider may identify and collect as a separate line item on the regular monthly bill of each subscriber an amount equal to the percentage established under section 6(8) applied against the amount of the subscriber's monthly bill.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3308 - Installation, Construction, and Maintenance of Video Service or Communications Network Within Public Right-of-Way; Access; Fee; Limitation.

484.3308 Installation, construction, and maintenance of video service or communications network within public right-of-way; access; fee; limitation.
Sec. 8.
(1) A franchising entity shall allow a video service provider to install, construct, and maintain a video service or communications network within a public right-of-way and shall provide the provider with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.
(2) A franchising entity may not discriminate against a video service provider to provide video service for any of the following:
(a) The authorization or placement of a video service or communications network in public rights-of-way.
(b) Access to a building owned by a governmental entity.
(c) A municipal utility pole attachment.
(3) A franchising entity may impose on a video service provider a permit fee only to the extent it imposes such a fee on incumbent video providers, and any fee shall not exceed the actual, direct costs incurred by the franchising entity for issuing the relevant permit. A fee under this section shall not be levied if the video service provider already has paid a permit fee of any kind in connection with the same activity that would otherwise be covered by the permit fee under this section or is otherwise authorized by law or contract to place the facilities used by the video service provider in the public rights-of-way or for general revenue purposes.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3311 - Confidentiality.

484.3311 Confidentiality.
Sec. 11.
(1) Except under the terms of a mandatory protective order, trade secrets and commercial or financial information submitted under this act to the franchising entity or commission are exempt from the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) If information is disclosed under a mandatory protective order, then the franchising entity or commission may use the information for the purpose for which it is required, but the information shall remain confidential.
(3) There is a rebuttable presumption that costs studies, customer usage data, marketing studies and plans, and contracts are trade secrets or commercial or financial information protected under subsection (1). The burden of removing the presumption under this subsection is with the party seeking to have the information disclosed.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3312 - Administration of Act; Limitations; Report.

484.3312 Administration of act; limitations; report.
Sec. 12.
(1) The commission's authority to administer this act is limited to the powers and duties explicitly provided for under this act, and the commission shall not have the authority to regulate or control a provider under this act as a public utility.
(2) The commission shall file a report with the governor and legislature by February 1 of each year that shall include information on the status of competition for video services in this state and recommendations for any needed legislation. A video service provider shall submit to the commission any information requested by the commission necessary for the preparation of the annual report required under this subsection. The obligation of a video service provider under this subsection is limited to the submission of information generated or gathered in the normal course of business.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3313 - Voluntary Franchise Agreement.

484.3313 Voluntary franchise agreement.
Sec. 13.
This act does not prohibit a local unit of government and a video service provider from entering into a voluntary franchise agreement that includes terms and conditions different than those required under this act, including, but not limited to, a reduction in the franchise fee in return for the video service provider making available to the franchising entity services, equipment, capabilities, or other valuable consideration. This section does not apply unless for each provider servicing the franchise entity it is technically feasible and commercially practicable to comply with similar terms and conditions in the franchise agreement and it is offered to the other provider.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3314 - Violation; Remedies and Penalties; Costs; Appeal and Review.

484.3314 Violation; remedies and penalties; costs; appeal and review.
Sec. 14.
(1) After notice and hearing, if the commission finds that a person has violated this act, the commission shall order remedies and penalties to protect and make whole persons who have suffered damages as a result of the violation, including, but not limited to, 1 or more of the following:
(a) Except as otherwise provided under subdivision (b), order the person to pay a fine for the first offense of not less than $1,000.00 or more than $20,000.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $2,000.00 or more than $40,000.00.
(b) If the video service provider has less than 250,000 telecommunication access lines in this state, order the person to pay a fine for the first offense of not less than $200.00 or more than $500.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $500.00 or more than $1,000.00.
(c) If the person has received a uniform video service local franchise, revoke the franchise.
(d) Issue cease and desist orders.
(2) Notwithstanding subsection (1), a fine shall not be imposed for a violation of this act if the provider has otherwise fully complied with this act and shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a person's obligations under this act is not a bona fide error. The burden of proving that a violation was an unintentional and bona fide error is on the provider.
(3) If the commission finds that a party's complaint or defense filed under this section is frivolous, the commission shall award to the prevailing party costs, including reasonable attorney fees, against the nonprevailing party and their attorney.
(4) Any party of interest shall have the same rights to appeal and review an order or finding of the commission under this act as provided under the Michigan telecommunications act, 1991 PA 179, MCL 484.2101 to 484.2604.
History:
2006, Act 480, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 484 - Telephone, Telegraph, and Radio › Act 480 of 2006 - Uniform Video Services Local Franchise Act (484.3301 - 484.3315) › Section 484.3315 - Costs to Commission in Exercising Duties; Assessment of Amount Against Each Video Service Provider; Limitation; Deduction; Credit of Payments to Special Account; Applicability of Section.

***** 484.3315 THIS SECTION DOES NOT APPLY AFTER DECEMBER 31, 2015 *****
484.3315 Costs to commission in exercising duties; assessment of amount against each video service provider; limitation; deduction; credit of payments to special account; applicability of section.
Sec. 15.
(1) Effective January 1, 2010, the commission within 30 days after the enactment into law of any appropriation to it shall ascertain the amount of the appropriation attributable to the actual costs to the commission in exercising its duties under this act and that amount shall be assessed against each video service provider doing business in this state. Each provider shall pay a portion of the total assessment in the same proportion that its number of subscribers for the preceding calendar year bears to the total number of video service subscribers in the state. The total assessment under this section shall not exceed $1,000,000.00 annually.
(2) For the state fiscal year commencing October 1, 2009 and annually thereafter, there shall be deducted from any amount to be assessed under subsection (1) an amount equal to the difference by which the actual expenditures of the commission attributable to exercising its duties under this act for the previous fiscal year are less than the amount assessed against each video service provider in the previous fiscal year. The deductions shall be made in the same proportion as the original assessment in subsection (1).
(3) All money paid into the state treasury by a video service provider under subsection (1) shall be credited to a special account, to be utilized solely to finance the cost to the commission of exercising its duties under this act.
(4) This section does not apply after December 31, 2015.
History:
Add. 2009, Act 191, Imd. Eff. Dec. 22, 2009
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.1 - Canal or Harbor Company; Incorporators, Procedure; Articles, Contents.

485.1 Canal or harbor company; incorporators, procedure; articles, contents.
Sec. 1.
Any number of persons, not less than 3, may be formed into a corporation for the purpose of constructing a canal or harbor, or improving the navigation of any river or stream in the upper peninsula and in Branch and Macomb counties, by dredging out the channel, making a new entrance, and constructing canals to straighten the same, or by any of said methods, by complying with the following requirements. Notice shall be given in at least 1 newspaper printed in each county where the said canal or improvement is proposed to be constructed, at least 2 weeks, of the time and place or places where books for subscribing to the stock of such company will be opened, and of the estimated cost of said canal or improvement, which notice may be signed by any 2 persons proposing to enter upon the construction of said canal or improvement. If there be no newspaper printed in such county, then it shall be printed in some newspaper in an adjoining county, if any, or if none then it shall be printed in some newspaper in the city of Detroit, and in the latter case notices shall be posted in 3 of the most public places in the township, city, or village, where said meeting is to be held during the same time; and when stock, to the amount of 1,000 dollars per mile of such canal or improvement so intended to be built shall be subscribed, and 5 per cent paid thereon, then the said subscribers upon due and proper notice signed by any 2 of said subscribers, may elect directors for the said corporation and thereupon they shall severally subscribe articles of association in which shall be set forth the name of said company, the number of years the same is to be continued, the amount of capital stock, the number of shares of said stock, the number of directors, the names of those elected to hold office for the first year, the nature and extent of said canal or improvement and the length thereof as near as may be.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 39, Imd. Eff. Apr. 18, 1879 ;-- How. 3820 ;-- Am. 1885, Act 197, Imd. Eff. June 16, 1885 ;-- CL 1897, 6696 ;-- CL 1915, 8797 ;-- CL 1929, 11732 ;-- CL 1948, 485.1
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.2 - Articles; Signing, Filing; Powers of Company.

485.2 Articles; signing, filing; powers of company.
Sec. 2.
Each subscriber to such articles of association shall subscribe thereto his name and place of residence, and the number of shares of stock taken by him. The said articles shall be filed in the office of the secretary of state, and thereupon the persons who have so subscribed, and all persons who shall, from time to time, become stockholders in said company, by assignment or otherwise, shall be a body corporate by the name specified in such articles, and as such shall be capable of suing and being sued in all courts, purchasing and acquiring all property necessary to be used in the construction and keeping in repair of said canal, or harbor, or improvement, or any works necessary for the same, and may, by such by-laws as shall be adopted by said company, prescribe the manner of calling and conducting the meetings of the stockholders, and shall possess the power and privileges, and be subject to the provisions contained in chapter 55 of the Revised Statutes of 1846, so far as the same shall be applicable, and not inconsistent with the provisions of this act, and shall also have power to issue bonds to the amount of 1/2 the capital paid in, bearing such rates of interest as shall be directed by the board of directors: Provided, That no such bond shall be issued for a less sum than 100 dollars, nor sold at less than the face thereof, without a vote of the stockholders authorizing the same.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3821 ;-- CL 1897, 6697 ;-- CL 1915, 8798 ;-- CL 1929, 11733 ;-- CL 1948, 485.2
Compiler's Notes:
For provisions of chapter 55 of the Revised Statutes of 1846, referred to in this section, see MCL 450.504 et seq.
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.3 - Articles; Filing, Prerequisites; Vote of Stockholder.

485.3 Articles; filing, prerequisites; vote of stockholder.
Sec. 3.
Such articles of agreement shall not be filed in the office of the secretary of state until 5 per cent of the capital subscribed shall have been paid to the directors named in the articles, nor until there is endorsed on said articles, or annexed thereto, an affidavit of 2 of the directors that the amount of capital stock required by the section has been subscribed, and 5 per cent paid; and no stockholder shall be entitled to vote on any question which shall come before a meeting of the stockholders unless all assessments due on stock standing in his name shall have been paid.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3822 ;-- CL 1897, 6698 ;-- CL 1915, 8799 ;-- CL 1929, 11734 ;-- CL 1948, 485.3
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.4 - Articles; Certified Copy as Evidence.

485.4 Articles; certified copy as evidence.
Sec. 4.
A copy of said articles, filed in pursuance of this act, certified by the secretary of state to be a true copy, and of the whole thereof, shall be in all courts and places presumptive evidence of the incorporation of such company and of the facts therein stated.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3823 ;-- CL 1897, 6699 ;-- CL 1915, 8800 ;-- CL 1929, 11735 ;-- CL 1948, 485.4
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.5 - Directors; Number, Election, Term, Vacancy.

485.5 Directors; number, election, term, vacancy.
Sec. 5.
The business and property of such company shall be managed by a board of not less than 3, nor more than 7 directors, who after the first year shall be elected annually, at such time and place as the by-laws direct, and public notice shall be given of such election not less than 20 days previous thereto, in such manner as shall be prescribed by the by-laws. The election shall be made by such stockholders as shall attend for that purpose in person or by proxy. Each share shall be entitled to 1 vote, and the person receiving the greatest number of votes shall be declared elected. All vacancies in the board shall be filled by the remaining directors until another election. In case the election of directors is not held on the day fixed by the by-laws, it may be held on any day thereafter fixed by the board, on giving the same notice of the time and place as in case of an annual election.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3824 ;-- CL 1897, 6700 ;-- CL 1915, 8801 ;-- CL 1929, 11736 ;-- CL 1948, 485.5
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.6 - Directors; Quorum; Selection of Officers.

485.6 Directors; quorum; selection of officers.
Sec. 6.
A majority of the directors shall be a board for the transaction of business. At the first meeting after their election, they may elect 1 of their number president, and appoint such other officers as the articles of association or by-laws require.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3825 ;-- CL 1897, 6701 ;-- CL 1915, 8802 ;-- CL 1929, 11737 ;-- CL 1948, 485.6
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.7 - President and Directors; Powers; Annual Report, Contents.

485.7 President and directors; powers; annual report, contents.
Sec. 7.
The president and directors shall have power to make and prescribe such rules and regulations respecting the transfer of the stock, either before its full payment or thereafter, and for the general management of the affairs of said association, as they may deem proper, not inconsistent with the laws of this state, and shall have power to appoint and employ officers, clerks, agents, and servants, for conducting and carrying on the business of said corporation, and fix the salaries or compensation to be paid to them. It shall be the duty of the said president and directors to make, verified by the oath of some one of them, an annual report to the secretary of state on the first day of January in each year, showing: First, the capital stock and the amount actually paid in; second, the amount expended, and for what purpose; third, the amount received from tolls, and from all other sources, distinguishing from what sources; fourth, the number and amount of dividends, and how paid; fifth, the number of men employed and their occupation.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3826 ;-- CL 1897, 6702 ;-- CL 1915, 8803 ;-- CL 1929, 11738 ;-- CL 1948, 485.7
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.8 - Construction of Route; Restrictions.

485.8 Construction of route; restrictions.
Sec. 8.
It shall be lawful for such company, their officers, engineers, and agents, to enter upon any lands for the purpose of exploring, surveying, and locating the route of any such canal, harbor, or the improvement of any such river or stream, doing thereto no unnecessary damage, and paying any damage which may accrue; but said company shall not locate any such canal through any orchard over 1 year old, or garden, without the consent of the owner, or through any building or fixtures, or any yard or enclosure necessary for the use and enjoyment thereof, without the like consent, and when the said route or improvement shall be established by the said company, it shall be lawful for them, their officers and servants to enter upon, take possession of, and use such lands, to the width of 200 feet, as said company shall have purchased or obtained from the owners or occupants the right to use, and also to take and use any other lands which may be necessary for the construction of said canal, or the improvement of the navigation of such river, or the erection of any locks, gates, toll-houses, or other fixtures, or the construction of any dam that may be necessary to raise the water for the purposes of washing out any channel or harbor: Provided, If such dam shall obstruct any channel navigable for vessels, it shall be made during the winter months and removed before the opening of navigation, the necessity for such taking, and the damages to be paid therefor being first ascertained, and such damages paid as hereinafter provided.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3827 ;-- CL 1897, 6703 ;-- CL 1915, 8804 ;-- CL 1929, 11739 ;-- CL 1948, 485.8
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.9 - Real Estate; Power to Hold.

485.9 Real estate; power to hold.
Sec. 9.
Said corporation shall not, in their corporate capacity, hold, purchase, or deal in any lands other than lands donated to said corporations to aid in constructing said improvements, or the lands in which their canals shall run, to the width of 300 feet on each side of said canals, or which are donated to or purchased by said corporation for wharves or docking purposes, or which may actually be necessary for the construction and maintenance of the canals or improvements, or the fixtures connected therewith.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3828 ;-- CL 1897, 6704 ;-- CL 1915, 8805 ;-- CL 1929, 11740 ;-- CL 1948, 485.9
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.10 - Condemnation; Procedure; Use of Property.

485.10 Condemnation; procedure; use of property.
Sec. 10.
Whenever said company shall desire to enter upon, use, or occupy any lands, or condemn any franchises or right to the use of running water, when no agreement can be made with the owners thereof, the like proceedings shall be had and taken as is provided in “An act to provide for the incorporation of railroad companies,” and the acts amendatory thereto; and after the payment or tender of such damages as shall be then ascertained, may enter upon and take the lands so appraised, for the purposes of constructing said canal, harbors, or making the improvement in such river, its fixtures and appurtenances.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3829 ;-- CL 1897, 6705 ;-- CL 1915, 8806 ;-- CL 1929, 11741 ;-- CL 1948, 485.10
Compiler's Notes:
Act 82 of 1855, referred to in this section, was repealed by Act 198 of 1873.
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.12 - Injury to Property; Violation of Regulation; Liability for Damages, Lien.

485.12 Injury to property; violation of regulation; liability for damages, lien.
Sec. 12.
If any person shall willfully obstruct, or in anywise injure any such canal, harbor, or improvements, or any dock, wharf, or other fixture connected therewith, or shall violate any rule or regulation established by said company, such person, or [such] boat or vessel, or other craft, as the said company may elect, shall be liable for all damages done or committed; and said damages, if against the person, may be recovered in an action of trespass, and if proved to have been done willfully, treble damages may be recovered. Any such claim for damages, if the company shall so elect, shall be a lien on any such boat or vessel, or other craft, and such lien may be enforced under the existing provisions of the law therefor.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3831 ;-- CL 1897, 6707 ;-- CL 1915, 8808 ;-- CL 1929, 11743 ;-- CL 1948, 485.12
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.13 - Repair of Bridges.

485.13 Repair of bridges.
Sec. 13.
Whenever any canal shall cross any highway, the company shall make and keep in good repair such bridges as the board of supervisors of the county in which such canal is located shall direct.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3832 ;-- CL 1897, 6708 ;-- CL 1915, 8809 ;-- CL 1929, 11744 ;-- CL 1948, 485.13
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.14 - Stockholder's Liability; Recovery Prerequisites; Subrogation; Contribution.

485.14 Stockholder's liability; recovery prerequisites; subrogation; contribution.
Sec. 14.
The stockholders of said companies incorporated under this act, shall be jointly and severally liable for all labor performed for such company; but no suit shall be brought against any individual stockholder for any debt of said company until judgment on the demand shall have been obtained against the company and execution thereon returned unsatisfied in whole or in part; and any stockholder who has paid any debt of such company, either voluntarily or otherwise, shall have the right to sue and recover of such company the full amount thereof, with interest, costs, and expenses; and in case of failure to recover the amount from said company, may sue the said stockholders, or any 1 of them, for their due proportion thereof, which such stockholders ought to pay, and if such action for contribution shall be brought against more than 1, the judgment shall specify the sum due and to be recovered from each of the defendants named.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3833 ;-- CL 1897, 6709 ;-- CL 1915, 8810 ;-- CL 1929, 11745 ;-- CL 1948, 485.14
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.15 - Avoidance of Payment of Toll; Penalty.

485.15 Avoidance of payment of toll; penalty.
Sec. 15.
Any boat, vessel, raft, or craft which shall willfully pass through said canal or said improvement without paying the toll required, shall be liable to pay to said company the sum of 100 dollars, to be collected by proceeding against said boat or against the owners thereof, by attachment or otherwise.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3834 ;-- CL 1897, 6710 ;-- CL 1915, 8811 ;-- CL 1929, 11746 ;-- CL 1948, 485.15
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.16 - Amendment or Repeal.

485.16 Amendment or repeal.
Sec. 16.
The legislature shall, at all times hereafter, have the free right to alter, amend or repeal this act.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3835 ;-- CL 1897, 6711 ;-- CL 1915, 8812 ;-- CL 1929, 11747 ;-- CL 1948, 485.16
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.17 - Taxation.

485.17 Taxation.
Sec. 17.
All corporations formed or existing under this act shall be liable to be assessed for all real and personal estate held by them in this state, as provided by law for the assessment of other real and personal estate, and shall pay thereon a tax for township, village, city, county, state and other purposes, the same as other real and personal estate; and such tax shall be assessed, collected and paid in the same manner as other taxes on real and personal estate are required to be assessed, collected, and paid: Provided, That the capital stock of such corporations shall not be taxed as capital stock: And provided further, That if any of the property of any such corporation is now exempt from taxation, nothing herein contained shall impair or effect [affect] such exemption during the continuance thereof.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 66, Imd. Eff. May 7, 1879 ;-- How. 3836 ;-- CL 1897, 6712 ;-- CL 1915, 8813 ;-- CL 1929, 11748 ;-- CL 1948, 485.17
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.18 - Existing Corporation; Organization Under Act, Preference in Subscription.

485.18 Existing corporation; organization under act, preference in subscription.
Sec. 18.
Any person or private association or corporation in the upper peninsula and Branch and Macomb counties, who have previous to the passage of this re-enacted and amended act, constructed any canal or harbor, or have improved the navigation of any river or stream in the state of Michigan within the meaning of section 1 of this act, when the amount of money actually expended by them in the construction of any such canal or improvement exceeds the sum of 10,000 dollars, may organize under this act, and like notice shall be given by section 1 of this act: Provided, That such persons, associations, or corporations shall have the preference in the subscriptions to the stock of such company to the amount so expended by them.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 39, Imd. Eff. Apr. 18, 1879 ;-- How. 3837 ;-- Am. 1885, Act 197, Imd. Eff. June 16, 1885 ;-- CL 1897, 6713 ;-- CL 1915, 8814 ;-- CL 1929, 11749 ;-- CL 1948, 485.18
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.19 - Failure to Furnish Cargo Statement; Penalty.

485.19 Failure to furnish cargo statement; penalty.
Sec. 19.
In case the master or clerk of any boat or vessel shall neglect or refuse to furnish the statement as required by section 11 of this re-enacted and amended act, he shall be liable to a fine not exceeding 100 dollars, to be sued for and be recovered by said company.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3838 ;-- CL 1897, 6714 ;-- CL 1915, 8815 ;-- CL 1929, 11750 ;-- CL 1948, 485.19
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.20 - Bonds; Issuance, Restrictions.

485.20 Bonds; issuance, restrictions.
Sec. 20.
Any company organized under this act may borrow money, and issue bonds for the payment of the same, for the purpose of providing means for repairing, altering, or enlarging said improvements: Provided, however, That the amount so raised shall not at any one time exceed in amount 50 per cent of the amount of the capital stock of said company.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- How. 3839 ;-- CL 1897, 6715 ;-- CL 1915, 8816 ;-- CL 1929, 11751 ;-- CL 1948, 485.20
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.21 - Canal or Improvement, Purchase by County; Procedure; Operation; Sale to United States.

485.21 Canal or improvement, purchase by county; procedure; operation; sale to United States.
Sec. 21.
Any county through which any such improved river or stream shall pass, or in which the greater part of any such improvements have been constructed, or which any canal shall have been constructed, within the provisions of this act, shall have the right to purchase any such canal or improvement by paying to any such company the amount of their capital stock and the amount of all subsequent expenditure in repairing, altering or enlarging any such canal or improvements, and interest, at the rate of 10 per cent per annum, on said amounts, deducting from the amount of interest the net proceeds of any such company; and the board of supervisors of any such county to take the management of any such canal or improvement so purchased; to receive and collect tolls the same as provided for in this act; to appoint proper officers for the management of the same, with proper salaries for their services, and shall be entitled to the privileges and remedies provided in this act. Any corporation organized under this act may convey its property and franchises to the United States, and such conveyance shall extinguish the power of the county to purchase the same.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 216, Eff. Aug. 30, 1879 ;-- How. 3840 ;-- CL 1897, 6716 ;-- CL 1915, 8817 ;-- CL 1929, 11752 ;-- CL 1948, 485.21
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.22 - Canal or Improvement, Purchase by County; Procedure; Submission to Electors; Bonds, Issuance.

485.22 Canal or improvement, purchase by county; procedure; submission to electors; bonds, issuance.
Sec. 22.
The board of supervisors of any such county may at any time, by a majority vote, submit the question of purchasing any such canal, harbor or improvement, to the electors of said county; and if a majority of the electors shall decide to purchase any such canal, harbor or improvement, then the board of supervisors shall be authorized to purchase the same, and may, for that purpose, issue the bonds of said county to an amount sufficient to make such purchase: Provided, That if the property and franchises of any corporation, organized under the provisions of this act, shall be conveyed to the United States, as provided in section 21 of this act, then in such case the provisions of section shall not be operative.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 216, Eff. Aug. 30, 1879 ;-- How. 3841 ;-- CL 1897, 6717 ;-- CL 1915, 8818 ;-- CL 1929, 11753 ;-- CL 1948, 485.22
2023 Michigan Compiled Laws › Chapter 485 - Canal, Harbor, and River Improvement Companies › Act 233 of 1875 - Canal or Harbor Companies (485.1 - 485.25) › Section 485.23 - Re-Instated Corporations.

485.23 Re-instated corporations.
Sec. 23.
The corporations heretofore formed under said chapter 84 in the upper peninsula and in Branch and Macomb counties, are herein re-instated in all their rights, privileges, franchise, and property.
History:
1875, Act 233, Imd. Eff. May 4, 1875 ;-- Am. 1879, Act 39, Imd. Eff. Apr. 18, 1879 ;-- How. 3842 ;-- Am. 1885, Act 197, Imd. Eff. June 16, 1885 ;-- CL 1897, 6718 ;-- CL 1915, 8819 ;-- CL 1929, 11754 ;-- CL 1948, 485.23
Compiler's Notes:
Chapter 84, referred to in this section, was repealed by Act 43 of 1875.