HOUSE BILL No. 6039

 

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

 

     A bill to amend 1939 PA 342, entitled

 

"County public improvement act of 1939,"

 

by amending section 5b (MCL 46.175b).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5b. (1) A unit of government desiring to enter into a

 

contract under the provisions of section 5a shall authorize, by

 

resolution of its governing body, the execution of the contract.

 

Subsequent to the adoption of Before January 1, 2015, after

 

adopting the resolution, a notice thereof of adopting the

 

resolution shall be published in a newspaper of general publication

 

in the unit of government. which Beginning January 1, 2015, after

 

adopting the resolution, tier A public notice of adopting the

 


resolution shall be provided as set forth in the local government

 

public notice act. The notice shall state all of the following:

 

     (a) That the governing body has adopted a resolution

 

authorizing execution of the contract.

 

     (b) The purpose thereof.of the contract.

 

     (c) The source of payment of the unit of government is

 

government's contractual obligation.

 

     (d) The right of referendum thereon.on the contract.

 

     (e) Such Any other information as the governing body shall

 

determine determines to be necessary to adequately inform all

 

interested persons of the nature of the obligation.

 

     The contract may be executed and delivered by the unit of

 

government upon approval by its governing body without a vote of

 

the electors thereon, on the contract, but the contract shall not

 

become effective until the expiration of 45 days after the date of

 

publication or posting of such the notice. If within the 45-day

 

period a petition signed by at least 10% or 15,000, whichever is

 

the lesser, less, of the registered electors residing within the

 

limits of the unit of government is filed with the clerk thereof of

 

the unit of government requesting a referendum upon the contract,

 

the same contract shall not become effective until approved by the

 

vote of a majority of the electors of the unit of government

 

qualified to vote and voting thereon on the contract at a general

 

or special election. Where If a unit of government has, prior to

 

the effective date of this 1974 amendment, before March 19, 1974,

 

published a resolution authorizing the execution of a contract

 

hereunder in substantial compliance with this section, as amended,

 


and the referendum period formerly provided by this section has

 

expired, but the bonds have not been issued, the resolution and the

 

publication thereof of the resolution are hereby validated and, if

 

no petition for a referendum on execution of the contract has been

 

or is signed and filed within the time period formerly provided by

 

this section, the contract may be executed and shall thereupon

 

become effective without submitting the proposition for approval

 

thereof to the electors, or if a petition has been or is so signed

 

and filed, the contract may be executed and thereupon become

 

effective if approved at an election as above provided . When in

 

this subsection. If any such contract is to be entered into by any

 

township only on behalf of the unincorporated area of the township,

 

only the registered electors residing within the unincorporated

 

area of the township shall be are qualified to sign the petition

 

and vote at the election.

 

     (2) Any special election called for such purpose shall 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 any such petition shall be verified by some person

 

under oath , as the actual signatures of the persons whose names

 

are signed thereto, on the petition, and the clerk of the unit of

 

government shall have the same power to reject signatures as city

 

clerks under the provisions of section 25 of Act No. 279 of the

 

Public Acts of 1909, as amended, being section 117.25 of the

 

Michigan Compiled Laws. the home rule city act, 1909 PA 279, MCL

 

117.25. The number of registered electors in any unit of government

 

shall be determined by the unit of government registration books.

 


     (3) Where If a contracting unit of government has outstanding

 

any revenue bonds issued under the provisions of Act. No. 94 of the

 

Public Acts of 1933, as amended, being sections 141.101 to 141.139

 

of the Michigan Compiled Laws, revenue bond act of 1933, 1933 PA

 

94, MCL 141.101 to 141.140, for the type of improvements or

 

facilities to be constructed pursuant to under this act and the

 

contract, such the contract may provide for the refunding of the

 

outstanding bonds and the inclusion , in the total financing

 

required for the construction of the improvements or facilities

 

contemplated by this act of an amount sufficient to provide for the

 

refunding, including such the call premiums as may be required in

 

the ordinance authorizing their issuance. Nothing herein contained

 

shall be construed as authorizing This section does not authorize

 

the refunding of noncallable unmatured bonds without the consent of

 

the holder or holders thereof. Where of those bonds. If the

 

refunding is provided for by the contract, any bonds issued

 

pursuant to under section 5c may be issued and sold in a sufficient

 

amount to provide additional funds over and above acquisition and

 

construction costs of the new improvements or facilities to enable

 

the contracting unit of government to retire the outstanding

 

revenue bonds.

 

     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.