November 8, 2007, Introduced by Rep. Sak and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 1939 PA 178, entitled
"An act to provide for the collection of water or sewage system
rates, assessments, charges, or rentals; and to provide a lien for
water or sewage system services furnished by municipalities as
defined by this act,"
by amending section 5 (MCL 123.165), as amended by 1981 PA 132.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5. The (1) A lien created by this act shall, after June
7,
1939, have has priority over all other liens except taxes or
special assessments whether or not the other liens accrued or were
recorded before the accrual of the water or sewage system lien
created
by this act. However, this
(2)
This act shall does not
apply if a lease of the premises
or property, whether the lease is for a fixed term or is an estate
at
will or by sufferance, has been legally
executed , containing a
provision
that provides that the lessor shall is not
be liable for
payment
of water or sewage system bills accruing subsequent to the
filing
of the that accrue after an affidavit provided by is filed
under
this section. An affidavit with
respect to the execution of
that
states that a lease containing this
provision that satisfies
this subsection has been executed shall be filed with the board,
commission, or other official in charge of the water works system
or
sewage system, or both. , and 20 days' notice shall be given by
the
lessor of any cancellation, change in, or termination of the
lease.
The If there is an expiration
date in the lease, the
affidavit
shall contain a notation of state
the expiration date. of
the
lease. The lessor shall give
20 days' notice of any
cancellation, change, or termination of the lease.