June 25, 2009, Introduced by Senators CROPSEY, BARCIA and PAPPAGEORGE and referred to the Committee on Economic Development and Regulatory Reform.
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 section 8 (MCL 124.288), as amended by 1981 PA 154.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 the such a
resolution by a municipality, the
municipality
shall publish a notice of the
resolution shall be
published
in a newspaper of general publication
circulation in the
municipality. ,
which 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 of the contract.
(c) The source of payment for the contractual obligation.
(d) The right of referendum on the contract.
(e)
Other information as that the municipality's
governing
body determines to be necessary to adequately inform all interested
persons of the nature of the obligation.
(2)
The 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 not become effective until the expiration of 45 days after
the date of publication 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 not become
effective until approved by the vote of a majority of the qualified
electors
of the municipality qualified to vote and voting on the
question at a general or special election. If, before November 19,
1981, a municipality has, before the effective date of
this
subsection,
published a resolution authorizing
the execution of a
contract under this section in substantial compliance with this
section
before this subsection takes as
then in effect, and the
referendum
period formerly provided by this section has expired,
but
the bonds have were not been issued, the resolution and the
publication of the resolution are valid and, if a petition for a
referendum
on execution of the contract has not been or is 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 has been or is 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 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 be verified by some person or persons under oath ,
as the actual signatures of the persons whose names are signed to
the
petition. , and the The clerk of the municipality
shall have
has the same power to reject signatures as city clerks under
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 municipality shall be determined by the
registration books as of the date of the filing of the petition.