Bill Text: MI HB6341 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Townships: other; public notice regarding township water supply and sewage disposal services and facilities; revise to make reference to the local government public notice act. Amends secs. 6, 10, 11, 20h & 20r of 1941 PA 107 (MCL 41.336 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6341 Detail]
Download: Michigan-2019-HB6341-Introduced.html
HOUSE BILL NO. 6341
November 12, 2020, Introduced by Rep. Steven
Johnson and referred to the Committee on Government Operations.
A bill to amend 1941 PA 107, entitled
"An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; to prescribe the powers and duties of township boards with respect to those services and facilities; and to prescribe penalties and provide remedies,"
by amending sections 6, 10, 11, 20h, and 20r (MCL 41.336, 41.340, 41.341, 41.350h, and 41.350r), sections 6, 10, and 11 as amended and sections 20h and 20r as added by 1989 PA 83.
the people of the state of michigan enact:
Sec. 6. (1) Immediately Before January 1, 2022, immediately following adoption of the plan under section 5, it shall the plan must be published at full length by the township board once each week for 3 successive weeks in a newspaper circulating within the township in which the improvement petitioned for under section 1 is to be made. Proof Before January 1, 2022, proof of the publication shall must be made and filed with the township clerk before installation of the improvement commences. The Before January 1, 2022, the publication is the sole notice of the improvement and of the provisions of the plan that interested persons and property owners are entitled to receive.
(2) Beginning January 1, 2022, immediately following adoption of the plan under section 5, the township board shall post public notice of the plan as set forth in the local government public notice act. Beginning January 1, 2022, proof of posting notice under the local government public notice act must be made and filed with the township clerk before installation of the improvement commences. Beginning January 1, 2022, the notice posted under the local government public notice act is the sole notice of the improvement and of the provisions of the plan that interested persons and property owners are entitled to receive.
Sec. 10. The township board has exclusive governing control over the maintenance and use of the mains and fittings of a water supply district established under section 1 and shall exercise this control in accordance with the terms of sections 1 to 20a and the rules and regulations that are required by and conform to section 5(d). The Before January 1, 2022, the rules and regulations may be amended by the township board only after notice of its intention to do so, specifying the date, hour, and place of meeting of the board for this purpose, is published for 3 successive weeks in a newspaper circulating within the township. Beginning January 1, 2022, the rules and regulations may be amended by the township board only after public notice of its intention to do so, specifying the date, hour, and place of meeting of the board for this purpose, is posted as set forth in the local government public notice act.
Sec. 11. If water mains have been extended or installed in accordance with a plan substantially similar to that contemplated by section 5, the township board, subject to provisions of any contract that has been made with another township or a city, village, or authority for furnishing water through the mains, has exclusive governing control over the mains and fittings and their maintenance and use. In such these cases, the township board may promulgate and adopt, by resolution, rules and regulations conforming substantially with section 5(d). The Before January 1, 2022, the rules and regulations become effective on completion of their publication, at full length, once each week for 3 successive weeks in a newspaper circulating within the township in which the improvement has been made. After Beginning January 1, 2022, the rules and regulations become effective upon the completion of public notice of the rules and regulations being posted as set forth in the local government public notice act. Before January 1, 2022, after the rules and regulations become effective, they may be amended or altered by the township board only after notice of its intention to do so, specifying the date, hour, and place of meeting of the board for this purpose, is published for 3 successive weeks in a newspaper circulating within the township. Beginning January 1, 2022, after the rules and regulations become effective, they may be amended or altered by the township board only after public notice of its intention to do so, specifying the date, hour, and place of meeting of the board for this purpose, is posted as set forth in the local government public notice act.
Sec. 20h. The business that the township board performs pursuant to under sections 20b to 20k shall must be conducted at a public meeting held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. The 1976 PA 267, MCL 15.261 to 15.275. Before January 1, 2022, the township board shall give public notice of a meeting and the time, date, place, and purpose of the meeting in the manner required by Act No. 267 of the Public Acts of 1976 the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and by publishing a notice in a newspaper of general circulation in the district proposed to be assessed. If Before January 1, 2022, if a newspaper is not circulated in the district, then notice shall must be posted in at least 3 of the most public and conspicuous places in the district. Beginning January 1, 2022, the township board shall give public notice of a meeting and the time, date, place, and purpose of the meeting in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and by posting public notice of the meeting and the time, date, place, and purpose of the meeting as set forth in the local government public notice act.
Sec. 20r. By the affirmative vote of 2/3 of its members, the township board may adopt an ordinance relating to the exercise of the powers granted in sections 20l to 20t and to any other matter necessary or desirable to effectuate the full intent and purpose of sections 20 l 20l to 20t, including provisions for control and maintenance of a water supply facility, charges for rights of connection with a facility for water service, charges for water delivered by means of a facility, and other provisions to ensure the proper and adequate operation of a facility. An Before January 1, 2022, an ordinance adopted pursuant to under this section becomes effective at the expiration of 30 days after the date of its publication unless a referendum is required as provided in section 20s. Beginning January 1, 2022, unless a referendum is required as provided in section 20s, an ordinance adopted under this section becomes effective at the expiration of 30 days after the date public notice of the ordinance is posted as set forth in the local government public notice act. An ordinance adopted pursuant to under this section shall must be recorded in the minutes of the meeting of the township board as soon as practicable after its adoption. The record shall must be authenticated by the signatures of the supervisor and clerk of the township. The Before January 1, 2022, the ordinance shall must be published promptly after its adoption in a newspaper of general circulation within the township. Beginning January 1, 2022, promptly after its adoption, public notice of the ordinance must be posted as set forth in the local government public notice act. The ordinance may be so published provided as a part of the minutes of the meeting at which it was adopted. Except as otherwise provided in sections 20l to 20t, the provisions of this section are the sole requirements concerning the adoption and publication notice of the ordinance and are not limited by other statutory provisions.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
