Bill Text: MI HB6009 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Local government; authorities; public notice for community swimming pool authorities; revise to make reference to the local government public notice act. Amends secs. 7 & 17 of 1994 PA 425 (MCL 123.1067 & 123.1077). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6009 Detail]
Download: Michigan-2013-HB6009-Introduced.html
HOUSE BILL No. 6009
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1994 PA 425, entitled
"An act to provide for the creation of community swimming pool
authorities; to provide powers and duties of the authorities; to
provide for the levy of a tax by the authorities; and to provide
for the collection and distribution of the tax,"
by amending sections 7 and 17 (MCL 123.1067 and 123.1077).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) A board shall draft articles of incorporation and
bylaws for the administration of the authority.
(2) An authority's articles shall state the following:
(a) The name of the authority.
(b) The name of each participating municipality.
(c) The name of the district.
(d) The purposes for which the authority is formed.
(e) The powers, duties, and limitations of the authority and
its board.
(f) Any other matters that the board considers advisable.
(3) The articles of an authority shall be adopted and may be
amended by an affirmative vote of a majority of the members serving
on the board.
(4) Before January 1, 2015, before the articles or amendments
to the articles are adopted, the articles or amendments to the
articles shall be published at least once in a newspaper generally
circulated within the participating municipalities. Beginning
January 1, 2015, before the articles or amendments to the articles
are adopted, tier B public notice with a link of the articles or
amendments to the articles shall be provided as set forth in the
local government public notice act.
(5) The adoption of articles or amendments to the articles by
the board shall be evidenced by an endorsement on the articles or
amendments by the secretary of the board in a form substantially as
follows:
"These articles of incorporation (or amendments to the
articles of incorporation) were adopted by an affirmative vote of a
majority of the members serving on the board of the __________
community swimming pool authority at a meeting duly held on the
_____ day of ________, A.D., _____.".
(6) Upon adoption of the articles or amendments to the
articles by the board, a printed copy of the articles or the
amended articles shall be filed with the secretary of the district,
the clerk of each participating municipality, and the secretary of
state.
(7) An authority is established when its articles of
incorporation are adopted by the board and are filed with the
secretary of state.
(8) The geographical boundaries of an authority are
coterminous with the geographical boundaries of the district within
each participating municipality and become fixed when the authority
is established. After an authority is established, its geographical
boundaries shall not automatically change as a result of a change
in a district's geographical boundaries. After an authority is
established, its geographical boundaries may only be altered by a
majority vote of the board.
Sec. 17. (1) A participating municipality in which the tax
authorized by section 13 is in effect may withdraw from an
authority if all of the following requirements are satisfied:
(a) Not less than 2 months before the next regularly scheduled
election of the municipality, the legislative body of the
municipality adopts a resolution to withdraw from the authority on
a date specified in the resolution. The date specified shall be not
less than 6 months after the next regularly scheduled election of
the municipality.
(b)
Notice Before January 1,
2015, notice of an election on
the resolution is published in a newspaper of general circulation
in the municipality not less than 10 days before the next regularly
scheduled election of the municipality following adoption of the
resolution, and, beginning January 1, 2015, tier B public notice
with a link of a notice of an election is provided not less than 10
days before the next regularly scheduled election of the
municipality following adoption of the resolution as set forth in
the local government public notice act.
(c) The resolution is approved by a majority of the electors
of the municipality that reside within the district voting on the
resolution at the next regularly scheduled election of the
municipality following adoption of the resolution.
(d) After approval of the resolution by the electors, the
clerk of the municipality files with the secretary of state a copy
of the official canvass statement and a certified copy of the
resolution and files with the board a copy of the official canvass
statement and a number of certified copies of the resolution
sufficient for distribution to the legislative body of each of the
participating municipalities.
(e) Payment or the provision for payment to the authority or
its creditors of all obligations of the municipality seeking to
withdraw is made.
(2) A tax authorized by section 13 before the adoption of the
resolution to withdraw shall be levied in the municipality for its
original purpose but only for the period of time originally
authorized and only so long as the board continues in existence. In
addition, a municipality that withdraws from an authority shall
continue to receive community swimming pool services so long as the
tax authorized to be levied by section 13 before the withdrawal of
the municipality continues to be levied in the municipality and the
community swimming pool remains in operation.
(3) A participating municipality in which no tax authorized by
section 13 is in effect may withdraw from an authority if all of
the following requirements are satisfied:
(a) The legislative body of the municipality adopts a
resolution to withdraw from the authority on a date specified in
the resolution. The withdrawal date shall follow the date of the
resolution by not less than 1 year.
(b) The clerk of the municipality files with the secretary of
state a certified copy of the resolution and files with the board a
number of certified copies of the resolution sufficient for
distribution to the legislative bodies of each of the participating
municipalities.
(c) Payment or the provision for payment to the authority or
its creditors of all obligations of the municipality seeking to
withdraw is made.
(4) After the withdrawal of a municipality, the articles of
incorporation shall be amended to reflect the withdrawal.
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.
