Bill Text: MI HB6010 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Local government; authorities; public notice for establishing a recreational authority; revise to make reference to the local government public notice act. Amends sec. 5 of 2000 PA 321 (MCL 123.1135). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6010 Detail]

Download: Michigan-2013-HB6010-Introduced.html

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HOUSE BILL No. 6010

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     A bill to amend 2000 PA 321, entitled

 

"Recreational authorities act,"

 

by amending section 5 (MCL 123.1135), as amended by 2003 PA 135.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Two or more municipalities or districts may

 

establish a recreational authority. A recreational authority is an

 

authority under section 6 of article IX of the state constitution

 

of 1963.

 

     (2) To initiate the establishment of an authority, articles of

 

incorporation shall be prepared. The articles of incorporation

 

shall include all of the following:

 

     (a) The name of the authority.

 

     (b) The names of the participating municipalities.

 

     (c) A description of the territory of the authority.

 

     (d) The size of the board of the authority, which shall be

 

comprised of an odd number of members; the qualifications, method

 

of selection, and terms of office of board members; and the filling

 

of vacancies in the office of board member. If board members are

 

elected in at-large elections by the qualified and registered

 

electors of the participating municipalities, voting collectively,

 

the election of board members shall be conducted pursuant to the

 

same procedures that govern an election for a tax under sections 13

 

to 17.

 

     (e) The purposes for which the authority is established, which

 

shall be the acquisition, construction, operation, maintenance, or

 

improvement of 1 or more of the following:

 

     (i) A public swimming pool.

 

     (ii) A public recreation center.

 

     (iii) A public auditorium.

 

     (iv) A public conference center.

 

     (v) A public park.

 

     (vi) A public museum.

 

     (vii) A public historic farm.

 

     (f) The procedure and requirements for a municipality or

 

district to become a participating municipality in, and for a

 

participating municipality to withdraw from, an existing authority

 

or to join in the original formation of an authority. For a

 

municipality or district to become a participating municipality in

 

an existing authority or to join in the original formation of an

 

authority, a majority of the electors of the municipality or

 

district proposed to be included in the territory of the authority

 

and voting on the question shall approve a tax that the authority

 

has been authorized to levy by a vote of the electors of the

 

authority under section 11. A municipality or district shall not

 

withdraw from an authority during the period for which the

 

authority has been authorized to levy a tax by the electors of the

 

authority.

 

     (g) Any other matters considered advisable.

 

     (3) The articles shall be adopted and may be amended by an

 

affirmative vote of a majority of the members serving on the

 

legislative body of each participating municipality. If a

 

participating municipality is a district, the articles shall be

 

adopted and may be amended by an affirmative vote of a majority of

 

the members serving on the legislative body of the entire

 

municipality. Unless the articles provide otherwise, the

 

requirements of this subsection do not apply to an amendment to the

 

articles to allow a municipality or district to become a

 

participating municipality in, or to allow a participating

 

municipality to withdraw from, an existing authority.

 

     (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 not less than 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 the amendments to the articles shall be provided as set

 

forth in the local government public notice act. The adoption of

 

articles or amendments to the articles by a municipality or

 

district shall be evidenced by an endorsement on the articles or

 

amendments by the clerk of the municipality.

 

     (5) Upon adoption of the articles or amendments to the

 

articles by each of the participating municipalities, a printed

 

copy of the articles or the amended articles shall be filed with

 

the secretary of state by the clerk of the last participating

 

municipality to adopt the articles or amendments.

 

     (6) The authority's articles of incorporation, or amendments

 

to the articles, take effect upon filing with the secretary of

 

state.

 

     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.