Bill Text: MI HB6012 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Local government; authorities; public notice regarding municipal water supply systems; revise to make reference to the local government public notice act. Amends secs. 2, 3 & 7 of 1952 PA 196 (MCL 124.252 et seq.). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6012 Detail]
Download: Michigan-2013-HB6012-Introduced.html
HOUSE BILL No. 6012
December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1952 PA 196, entitled
"An act to provide for the incorporation of municipal authorities
to acquire, own and operate water supply systems; to prescribe
the rights, powers and duties thereof; and to authorize contracts
between such authorities and other public corporations,"
by amending sections 2, 3, and 7 (MCL 124.252, 124.253, and
124.257).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) Any 2 or more cities, villages, or townships,
2 (hereinafter sometimes referred to as "municipalities") or any
3 combination thereof, of
cities, villages, or townships, may
4 incorporate an authority for the purpose of acquiring, owning,
5 and/or or operating a water supply system or systems, by the
6 adoption of adopting articles of incorporation by the legislative
7 body of each municipality. incorporating city, village, or
8
township. The fact of such adoption
shall be endorsed on such the
1 articles of incorporation by the mayor and clerk in case of a
2 city, the president and clerk in case of a village, and the
3 supervisor and clerk in case of a township, in form substantially
4 as follows:
5 "The foregoing Articles of Incorporation were adopted by the
6 ................... of the ............... of .................,
7 ................. County, Michigan, at a meeting duly held on the
8 ............. day of ................., 19......20......
9 .........................................
10
.............. of said the ..............
11 .........................................
12
.............. of said the .............."
13 (2) The authority shall be comprised of the territory lying
14 within such the incorporating municipalities. The cities,
15 villages, or townships. Before January 1, 2015, the articles of
16 incorporation shall be published at least once in a newspaper
17 designated in said the
articles of incorporation and
circulating
18 within the authority. Beginning January 1, 2015, tier B public
19 notice with a link of the articles of incorporation shall be
20 provided as set forth in the local government public notice act.
21 One printed copy of such the articles of
incorporation certified
22 as a true copy by the person or persons designated therefor, with
23 the date and place of such the publication or posting, shall be
24 filed with each, the secretary of state and the clerk of the
25 county within which such the territory or the major
portion
26 thereof of the
territory is located. Such The authority
shall
1 become becomes effective at the time provided in said the
2 articles of incorporation. The validity of such the incorporation
3 shall be is conclusively presumed unless questioned in a court
of
4 competent jurisdiction within 60 days after the filing of such
5 the certified copies with the secretary of state and the county
6 clerk.
7 Sec. 3. Said The
articles of incorporation shall state
the
8 name of such the authority, the names of the various
9 municipalities cities,
villages, or townships creating the same,
10
authority, the purpose or purposes for
which it the authority is
11 created, the powers, duties, and limitations of the authority and
12 its officers, the method of selecting its governing body,
13 officers, and employees, the person or persons who are charged
14 with the responsibilities of causing the articles of
15 incorporation to be published or posted and the printed copies
16 thereof of the
articles of incorporation to be certified
and
17 filed, as above provided, or who are charged with
any other
18 responsibility in connection with the incorporation of said the
19 authority, and any other matters which that the
incorporators
20 shall deem consider advisable, all of which shall be are subject
21 to the provisions of the state constitution of 1963 and the
22 statutes of the this
state of Michigan and
particularly of this
23 act.
24 Sec. 7. Any city, village, or township
, which that did
not
25 join in the incorporation of an authority , may become a
26 constituent part thereof of an authority by amendment
to the
27 articles of incorporation adopted by the legislative body of such
1 the city, village, or township and by the legislative body of
2 each city, village, or township of which such the authority
is
3 composed. Other amendments may be made to such the articles
of
4 incorporation if adopted by the legislative body of each city,
5 village, or township of which the authority is composed. Any
such
6 Each amendment shall be endorsed, published or posted, and
7 certified printed copies filed
, in the same manner as the
8 original articles of incorporation, except that the printed
9 copies shall be certified and filed by the recording officer of
10 the authority.
11 Enacting section 1. This amendatory act does not take effect
12 unless Senate Bill No.____ or House Bill No. 5560 (request no.
13 03796'13) of the 97th Legislature is enacted into law.