Bill Text: MI HB6013 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Local government; authorities; public notice regarding municipal sewage and water supply systems; revise to make reference to the local government public notice act. Amends secs. 2, 3, 4a, 6 & 8 of 1955 PA 233 (MCL 124.282 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 [HB6013 Detail]

Download: Michigan-2013-HB6013-Introduced.html

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HOUSE BILL No. 6013

 

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.