September 9, 2014, Introduced by Rep. Yanez and referred to the Committee on Local Government.
A bill to amend 1923 PA 116, entitled
"Township and village public improvement and public service act,"
by amending section 3a (MCL 41.413a), as amended by 1998 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. (1) A waterworks established under sections 1 to 5
and any other service provided under sections 1 to 5 for a district
having a waterworks may be under the control of and operated by a
board of public service commissioners, except that in a village
such an improvement or service shall be under the control of and
operated by the legislative body of the village. The board of
public service commissioners shall consist of 5 commissioners
elected at the annual township election by the qualified electors
residing in the district. A vacancy on the board of public service
commissioners shall be filled by the remaining members of the board
until the next annual township election, at which election the
vacancy shall be filled for the unexpired term. A member of the
board of public service commissioners shall be a resident of the
district.
As used in this section, "annual township election" means
an
election held on the first Tuesday after the first Monday in
November
every year.
(2) The township clerk shall call a special township election,
upon the filing with the clerk of a petition signed by 25
registered electors of the district, for the election of the
members of the board of public service commissioners to hold office
until the first annual township election. At the first annual
township election held under this section, 2 commissioners shall be
elected for a term of 3 years, 2 commissioners shall be elected for
a term of 2 years, and 1 commissioner shall be elected for a term
of 1 year. After the first annual township election, a commissioner
shall be elected for a term of 3 years. The commission may hire
necessary employees to carry out the purpose of sections 1 to 5.
The
provisions of this This section do does not apply to a
waterworks facility constituting only a part of a general township
water system. A petition under this subsection, including the
circulation and signing of the petition, is subject to section 488
of the Michigan election law, 1954 PA 116, MCL 168.488. A person
who violates a provision of the Michigan election law, 1954 PA 116,
MCL 168.1 to 168.992, applicable to a petition described in this
subsection is subject to the penalties prescribed for that
violation in the Michigan election law, 1954 PA 116, MCL 168.1 to
168.992.
(3) A board of public service commissioners may dissolve
itself, alone or together with the district, upon satisfaction of
all of the following requirements:
(a) The board of public service commissioners shall prepare a
financial report of the assets and liabilities of the district. The
financial report shall include a description of obligations of the
district, an accounting of money held by the district, an appraisal
or inventory of other assets of the district, and a description of
any encumbrances on assets of the district. The board of public
service commissioners shall file a copy of the financial report
with the township clerk of the township where the district is
located.
(b) The board of public service commissioners shall hold a
public
hearing on the issue of the dissolution. In Before January
1, 2015, in addition to satisfying the requirements of the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, the board of
public service commissioners shall publish notice of the hearing in
a newspaper of general circulation in the township where the
district is located not less than 10 days before the hearing.
Beginning January 1, 2015, in addition to satisfying the
requirements of the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, the board of public service commissioners shall, not less
than 10 days before the public hearing, provide tier C public
notice of the public hearing on the issue of dissolution as set
forth in the local government public notice act. The notice shall
give the time, date, location, and purpose of the hearing and state
that a copy of the financial report is available for public
inspection at the office of the township clerk.
(c) After the hearing, the board of public service
commissioners shall prepare a plan for the transfer of the assets
and liabilities of the district to the township where the district
is located. The plan shall not impair the rights of holders of
special
assessment bonds issued pursuant to under section 3 or the
rights of property owners served by the waterworks.
(d) The township board of the township where the district is
located shall adopt a resolution agreeing to the dissolution of the
board of public service commissioners, alone or together with the
district, in accordance with the plan under subdivision (c).
(e) After the township board adopts a resolution under
subdivision (d), the board of public service commissioners shall
adopt a consistent resolution to dissolve itself, alone or together
with the district, in accordance with the plan under subdivision
(c).
(4) As its last act before the effective date of dissolution,
a board of public service commissioners shall file its records with
the
clerk of the township where the district is located , for
safekeeping and reference.
(5) As used in this section, "annual township election" means
an election held on the first Tuesday after the first Monday in
November every year.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.