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......

 

 

                      .........................................

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.