December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1955 PA 233, entitled
"An act to provide for the incorporation of certain municipal
authorities to acquire, own, extend, improve, and operate sewage
disposal systems, water supply systems, and solid waste
management systems; to prescribe the rights, powers, and duties
thereof; to authorize contracts between such authorities and
public corporations; to provide for the issuance of bonds to
acquire, construct, extend, or improve the systems; and to
prescribe penalties and provide remedies,"
by amending sections 2, 3, 4a, 6, and 8 (MCL 124.282, 124.283,
124.284a, 124.286, and 124.288), section 2 as amended by 1981 PA
154, section 4a as amended by 2008 PA 172, and section 8 as
amended by 2009 PA 166.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) Any 2 or more municipalities may incorporate an
1 authority for the purpose of acquiring, owning, improving,
2 enlarging, extending, and operating a sewage disposal system, a
3 water supply system, a solid waste management system, or a
4 combination of systems by the adoption of articles of
5 incorporation by the legislative body of each of the
6 municipalities. The fact of the adoption shall be endorsed on
7 such the articles of incorporation by the chairperson of the
8 county board of commissioners and the county clerk in case of a
9 county; the mayor and clerk in case of a city; the president and
10 clerk in case of a village; and the supervisor and clerk in case
11 of a township, in form substantially as follows:
12 "The foregoing articles of incorporation were adopted by
13 the .................. of the ............. of .............
14 County Michigan, at a meeting duly held on the ............. day
15 of
........., 19...._______
16 .................................
17
......................... of saidthe
18 .................................
19
......................... of saidthe
20 ................................"
21 (2) The authority shall be comprised of the territory lying
22 within the incorporating municipalities. The Before January 1,
23 2015, the articles of incorporation shall be published at least
24 once in a newspaper designated in the articles and having general
25 circulation within the territory encompassed by the authority.
26 Beginning January 1, 2015, tier B public notice with a link of
1 the articles of incorporation shall be provided as set forth in
2 the local government public notice act. One printed copy of the
3 articles of incorporation certified as a true copy by the person
4 or persons designated for the certification, with the date and
5 place of the publication or posting, shall be filed with the
6 secretary of state and the clerk of the county within which the
7 territory or the major portion of the territory is located. The
8 authority shall become becomes
effective at the time provided in
9 the articles of incorporation. The validity of the incorporation
10 shall be is conclusively presumed unless questioned in a court
of
11 competent jurisdiction within 60 days after the filing of the
12 certified copies with the secretary of state and the county
13 clerk.
14 Sec. 3. Said The
articles of incorporation shall state
the
15 name of such the authority, the names of the various
16 municipalities creating the same, the authority, the purpose
or
17 purposes for which it the
authority is created, the powers,
18 duties, and limitation limitations of the authority and its
19 officers, the method of selecting its governing body, officers,
20 and employees, the person or persons who are charged with the
21 responsibilities of causing the articles of incorporation to be
22 published or posted and the printed copies thereof of the
23
articles of incorporation to be
certified and filed as above
24 provided in section 2, or who are charged with any other
25 responsibility in connection with the incorporation of said the
26 authority, and any other matters which that the
incorporators
27 shall deem consider advisable, all of which shall be are subject
1 to the provisions of the state constitution of 1963 and the
2 statutes of the this state of Michigan and particularly of this
3 act.
4 Sec. 4a. The authority shall adopt rules and regulations by
5 resolution of its governing body and with concurrence by
6 resolution of constituent municipalities. After Before January 1,
7 2015, after adoption of the resolution and concurrence by the
8 constituent municipalities, a notice of adoption of the
9 resolution and the rules and regulations, or a summary of those
10 rules and regulations, shall be published in a newspaper of
11 general circulation within the territory encompassed by the
12 authority and within the territory furnished service by the
13 authority by contract pursuant to under section 10. Beginning
14 January 1, 2015, after adoption of the resolution and concurrence
15 by the constitute municipalities, tier B public notice with a
16 link of the notice of adoption of the resolution and the rules
17 and regulations, or a summary of those rules and regulations,
18 shall be provided as set forth in the local government public
19 notice act. Beginning January 1, 2015, the notice shall be
20 provided within the territory encompassed by the authority and
21 within the territory furnished service by the authority by
22
contract under section 10. The rules
and regulations shall become
23 effective 30 days after the date of publication or posting of the
24 notice and the rules and regulations or the summary of the rules
25 and regulations. If a summary of rules and regulations is
26 published or posted, the summary shall be written in clear and
27 nontechnical language and the authority shall designate in the
1 publication or posting the location where a full copy of the
2 rules and regulations can be inspected or obtained.
3 Sec. 6. Any municipality which that did
not join in the
4 incorporation of an authority may become a constitutent
5
constituent part thereof of the authority by amendment to the
6 articles of incorporation adopted by the legislative body of such
7 the municipality and by the legislative body of each municipality
8 of which such the authority is composed. Other amendments may be
9 made to the articles of incorporation if adopted by the
10 legislative body of each municipality of which the authority is
11 composed. Any such Each
amendment shall be indorsed, published or
12
posted, and certified printed copies
filed , in the
same manner
13 as the original articles of incorporation, except that the
14 printed copies shall be certified and filed by the recording
15 officer of the authority.
16 Sec. 8. (1) A municipality or Indian tribe desiring to enter
17 into a contract with the authority under section 7 shall
18 authorize, by resolution of its governing body, the execution of
19 the contract. After Before
January 1, 2015, after the adoption of
20 such a resolution by a municipality, the municipality shall
21 publish a notice of the resolution in a newspaper of general
22 circulation in the municipality. Beginning January 1, 2015, after
23 the adoption of such a resolution by a municipality, tier B
24 public notice with a link of the notice of the resolution shall
25 be provided by the municipality as set forth in the local
26 government public notice act. The notice shall state all of the
27 following:
1 (a) That the governing body has adopted a resolution
2 authorizing execution of the contract.
3 (b) The purpose of the contract.
4 (c) The source of payment for the contractual obligation.
5 (d) The right of referendum on the contract.
6 (e) Other information that the municipality's governing body
7 determines to be necessary to adequately inform all interested
8 persons of the nature of the obligation.
9 (2) A contract under subsection (1) may be executed and
10 delivered by the municipality upon approval by its governing body
11 without a vote of the electors on the contract, but the contract
12 shall not become effective until the expiration of 45 days after
13 the date of publication or posting of the notice. If within the
14 45-day period a petition signed by not less than 10% or 15,000,
15 whichever is less, of the registered electors residing within the
16 limits of the municipality is filed with the clerk of the
17 municipality requesting a referendum upon the contract, the
18 contract shall not become effective until approved by the vote of
19 a majority of the qualified electors of the municipality voting
20 on the question at a general or special election. If, before
21 November 19, 1981, a municipality published a resolution
22 authorizing the execution of a contract under this section in
23 substantial compliance with this section as then in effect, and
24 the referendum period formerly provided by this section expired,
25 but the bonds were not issued, the resolution and the publication
26 of the resolution are valid and, if a petition for a referendum
27 on execution of the contract was not signed and filed within the
1 time period formerly provided by this section, the contract may
2 be executed and shall become effective without submitting the
3 proposition for approval to the electors, or if a petition was so
4 signed and filed, the contract may be executed and become
5 effective if approved at an election as formerly provided in this
6 section. A special election called for the purpose provided in
7 this section shall not be included in any statutory or charter
8 limitation as to the number of special elections to be called
9 within any period of time. Signatures on the petition shall be
10 verified under oath as the actual signatures of the persons whose
11 names are signed to the petition. The clerk of the municipality
12 has the same power to reject signatures as city clerks under
13 section 25 of the home rule city act, 1909 PA 279, MCL 117.25.
14 The number of registered electors in any municipality shall be
15 determined by the registration books as of the date of the filing
16 of the petition.
17 Enacting section 1. This amendatory act does not take effect
18 unless Senate Bill No.____ or House Bill No. 5560 (request no.
19 03796'13) of the 97th Legislature is enacted into law.