Bill Text: MI HB6402 | 2019-2020 | 100th 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. et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6402 Detail]
Download: Michigan-2019-HB6402-Introduced.html
HOUSE BILL NO. 6402
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
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:
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Sec. 2. (1) Any 2 or more cities, villages, or townships,
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(hereinafter sometimes referred to as "municipalities") or any combination thereof, of cities, villages, or townships, may incorporate an authority for the purpose of acquiring, owning, and/or or operating a water supply system or systems, by the adoption of adopting articles of incorporation by the legislative body of each municipality. incorporating city, village, or township. The fact of such adoption shall must be endorsed on such the articles of incorporation by the mayor and clerk in case of a city, the president and clerk in case of a village, and the supervisor and clerk in case of a township, in form substantially as follows:
"The foregoing Articles of Incorporation were adopted by the ................... of the ............... of ................., ................. County, Michigan, at a meeting duly held on the ............. day of ................., 19......20......
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....................................... ......... of said the ............... ....................................... ......... of said the ............... |
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(2) The authority shall must be comprised of the territory lying within such the incorporating municipalities. The cities, villages, or townships. Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper designated in said the articles of incorporation and circulating within the authority. Beginning January 1, 2022, public notice of the articles of incorporation must be posted as set forth in the local government public notice act. One printed copy of such the articles of incorporation certified as a true copy by the person or
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persons designated therefor, with the date and place of such the publication or posting, shall must be filed with each, the secretary of state and the clerk of the county within which such the territory or the major portion thereof of the territory is located. Such The authority shall become becomes effective at the time provided in said the articles of incorporation. The validity of such the incorporation shall be is conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the filing of such the certified copies with the secretary of state and the county clerk.
Sec. 3. Said The articles of incorporation shall must state the name of such the authority, the names of the various municipalities cities, villages, or townships creating the same, authority, the purpose or purposes for which it the authority is created, the powers, duties, and limitations of the authority and its officers, the method of selecting its governing body, officers, and employees, the person or persons who are charged with the responsibilities of causing the articles of incorporation to be published or posted and the printed copies thereof of the articles of incorporation to be certified and filed, as above provided, or who are charged with any other responsibility in connection with the incorporation of said the authority, and any other matters which that the incorporators shall deem consider advisable, all of which shall be are subject to the provisions of the state constitution of 1963 and the statutes of the this state of Michigan and particularly of this act.
Sec. 7. Any city, village, or township , which that did not join in the incorporation of an authority , may become a constituent part thereof of an authority by amendment to the
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articles of incorporation adopted by the legislative body of such the city, village, or township and by the legislative body of each city, village, or township of which such the authority is composed. Other amendments may be made to such the articles of incorporation if adopted by the legislative body of each city, village, or township of which the authority is composed. Any such Each amendment shall must be endorsed, published or posted, and certified printed copies filed , in the same manner as the original articles of incorporation, except that the printed copies shall must be certified and filed by the recording officer of the authority.
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.
