Bill Text: MI HB6403 | 2019-2020 | 100th Legislature | Introduced
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.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6403 Detail]
Download: Michigan-2019-HB6403-Introduced.html
HOUSE BILL NO. 6403
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
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:
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Sec. 2. (1) Any 2 or more municipalities may incorporate an authority for the purpose of acquiring, owning, improving, enlarging, extending, and operating a sewage disposal system, a water supply system, a solid waste management system, or a combination of systems by the adoption of adopting articles of incorporation by the legislative body of each of the municipalities. The fact of the adoption shall must be endorsed on such the articles of incorporation by the chairperson of the county board of commissioners and the county clerk in case of a county; 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:
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"The foregoing articles of incorporation were adopted by |
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the .................. of the ............. of ............. |
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County Michigan, at a meeting duly held on the ............. day |
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of ........., 19....20__. |
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................................. |
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......................... of said |
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................................. |
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......................... of said |
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................................" |
(2) The authority shall be comprised of the territory lying within the incorporating municipalities. The Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper designated in the articles and having
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general circulation within the territory encompassed by 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 the articles of incorporation certified as a true copy by the person or persons designated for the certification, with the date and place of the publication or posting, shall must be filed with the secretary of state and the clerk of the county within which the territory or the major portion of the territory is located. The authority shall become becomes effective at the time provided in the articles of incorporation. The validity of the incorporation shall be is conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the filing of 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 creating the same, authority, the purpose or purposes for which it the authority is created, the powers, duties, and limitation 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 in section 2, 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
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particularly of this act.
Sec. 4a. The authority shall adopt rules and regulations by resolution of its governing body and with concurrence by resolution of constituent municipalities. After adoption of Before January 1, 2022, after adopting the resolution and concurrence by the constituent municipalities, a notice of adoption of the resolution and the rules and regulations, or a summary of those rules and regulations, shall must be published in a newspaper of general circulation within the territory encompassed by the authority and within the territory furnished service by the authority by contract pursuant to under section 10. Beginning January 1, 2022, after adopting the resolution and concurrence by the constituent municipalities, notice of adoption of the resolution and the rules and regulations, or a summary of those rules and regulations, must be posted as set forth in the local government public notice act. Beginning January 1, 2022, the notice must be posted within the territory encompassed by the authority and within the territory furnished service by the authority by contract under section 10. The rules and regulations shall become effective 30 days after the date of publication or posting of the notice and the rules and regulations or the summary of the rules and regulations. If a summary of rules and regulations is published or posted, the summary shall must be written in clear and nontechnical language and the authority shall designate in the publication or posting the location where a full copy of the rules and regulations can be inspected or obtained.
Sec. 6. Any municipality which that did not join in the incorporation of an authority may become a constitutent constituent part thereof of the authority by amendment to the articles of
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incorporation adopted by the legislative body of such the municipality and by the legislative body of each municipality of which such the authority is composed. Other amendments may be made to the articles of incorporation if adopted by the legislative body of each municipality of which the authority is composed. Any such Each amendment shall must be indorsed, 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.
Sec. 8. (1) A municipality or Indian tribe desiring to enter into a contract with the authority under section 7 shall authorize, by resolution of its governing body, the execution of the contract. After the adoption of Before January 1, 2022, after adopting such a resolution by a municipality, the municipality shall publish a notice of the resolution in a newspaper of general circulation in the municipality. Beginning January 1, 2022, after adopting such a resolution by a municipality, notice of the resolution must be posted by the municipality as set forth in the local government public notice act. The notice shall must state all of the following:
(a) That the governing body has adopted a resolution authorizing execution of the contract.
(b) The purpose of the contract.
(c) The source of payment for the contractual obligation.
(d) The right of referendum on the contract.
(e) Other information that the municipality's governing body determines to be necessary to adequately inform all interested persons of the nature of the obligation.
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(2) A contract under subsection (1) may be executed and delivered by the municipality upon approval by its governing body without a vote of the electors on the contract, but the contract shall does not become effective until the expiration of 45 days after the date of publication or posting of the notice. If within the 45-day period a petition signed by not less than 10% or 15,000, whichever is less, of the registered electors residing within the limits of the municipality is filed with the clerk of the municipality requesting a referendum upon the contract, the contract shall does not become effective until approved by the vote of a majority of the qualified electors of the municipality voting on the question at a general or special election. If, before November 19, 1981, a municipality published a resolution authorizing the execution of a contract under this section in substantial compliance with this section as then in effect, and the referendum period formerly provided by this section expired, but the bonds were not issued, the resolution and the publication of the resolution are valid and, if a petition for a referendum on execution of the contract was not signed and filed within the time period formerly provided by this section, the contract may be executed and shall become effective without submitting the proposition for approval to the electors, or if a petition was so signed and filed, the contract may be executed and become effective if approved at an election as formerly provided in this section. A special election called for the purpose provided in this section shall must not be included in any statutory or charter limitation as to the number of special elections to be called within any period of time. Signatures on the petition shall must be verified under oath as the actual signatures of the persons individuals
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whose names are signed to the petition. The clerk of the municipality has the same power to reject signatures as city clerks under section 25 of the home rule city act, 1909 PA 279, MCL 117.25. The number of registered electors in any municipality shall must be determined by the registration books as of the date of the filing of the petition.
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.
