HOUSE BILL No. 6033

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     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, 2015, immediately

 

following adoption of the plan under section 5, it the plan shall

 

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, 2015, proof of the publication

 


shall be made and filed with the township clerk before installation

 

of the improvement commences. The Before January 1, 2015, 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, 2015, immediately following adoption

 

of the plan under section 5, the township board shall provide tier

 

A public notice with a link of the plan as set forth in the local

 

government public notice act. Beginning January 1, 2015, proof of

 

providing notice under the local government public notice act shall

 

be made and filed with the township clerk before installation of

 

the improvement commences. Beginning January 1, 2015, the notice

 

provided 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, 2015, 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,

 

2015, the rules and regulations may be amended by the township

 

board only after tier B public notice of its intention to do so,

 


specifying the date, hour, and place of meeting of the board for

 

this purpose, is provided 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,

 

2015, 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, 2015, the

 

rules and regulations become effective upon the completion of tier

 

A public notice with a link of the rules and regulations being

 

provided as set forth in the local government public notice act.

 

Before January 1, 2015, 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, 2015, after the rules and

 

regulations become effective, they may be amended or altered by the

 

township board only after tier A public notice with a link of its

 


intention to do so, specifying the date, hour, and place of meeting

 

of the board for this purpose, is provided 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 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, 2015, 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, 2015, if a newspaper is not circulated in the district,

 

then notice shall be posted in at least 3 of the most public and

 

conspicuous places in the district. Beginning January 1, 2015, 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

 

providing tier B public notice of the meeting and 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, 2015, 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, 2015, 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 tier B public notice with a link of the ordinance is

 

provided as set forth in the local government public notice act. An

 

ordinance adopted pursuant to under this section shall be recorded

 

in the minutes of the meeting of the township board as soon as

 

practicable after its adoption. The record shall be authenticated

 

by the signatures of the supervisor and clerk of the township. The

 

Before January 1, 2015, the ordinance shall be published promptly

 

after its adoption in a newspaper of general circulation within the

 

township. Beginning January 1, 2015, promptly after its adoption,

 

tier B public notice with a link of the ordinance shall be provided

 

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. 5560 (request no.

 

03796'13) of the 97th Legislature is enacted into law.