December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1967 PA 204, entitled
"Metropolitan transportation authorities act of 1967,"
by amending sections 16 and 17 (MCL 124.416 and 124.417), section
16 as amended by 2002 PA 328 and section 17 as amended by 1993 PA
350.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16. (1) The authority may borrow money and issue bonds to
finance and to carry out its powers and duties. The bonds shall be
payable from and may be issued in anticipation of payment of the
proceeds of any of the methods of financing described in section 14
or elsewhere in this act or as may be provided by law. A political
subdivision within the geographical boundaries of the authority may
contract to make payments, appropriations, or contributions to the
authority of the proceeds of taxes, special assessments, or charges
imposed and collected by the political subdivision or out of any
other
funds money legally available and may pledge its full faith
and credit in support of its contractual obligation to the
authority.
The contractual obligation shall is not constitute an
indebtedness of a political subdivision within a statutory or
charter debt limitation. If the authority has issued bonds in
anticipation of payments, appropriations, or contributions to be
made
to the authority pursuant to under
a contract by a political
subdivision
having that has the power to levy and collect ad
valorem taxes, the political subdivision may obligate itself by the
contract , and thereupon may levy a tax on all taxable
property in
the
political subdivision , which tax as to for contract
obligations in anticipation of which bonds are issued, to provide
sufficient money to fulfill its contractual obligation to the
authority.
The rate or amount will of the tax shall be as provided
in
section 6 of article IX of the state constitution of 1963. for
contract
obligations in anticipation of which bonds are issued, to
provide
sufficient money to fulfill its contractual obligation to
the
authority.
(2) The bonds of the authority shall be issued and sold in
compliance with the revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821, except that the bonds may be issued for any
period of years, not exceeding 40 years.
(3) A public corporation may advance money or deliver property
to the authority to finance or to carry out its powers and duties.
The authority may agree to repay the advances or pay for the
property within a period not exceeding 10 years, from the proceeds
of
its bonds or from other funds money
legally available for that
purpose, with or without interest as may be agreed at the time of
advance or of repayment. The obligation of the authority to make
the repayment or payment may be evidenced by a contract or note or
notes,
which contract or note may pledge the full faith and credit
of the authority.
(4) A political subdivision desiring to enter into a contract
under subsection (1) shall authorize, by resolution of its
governing
body, the execution of the contract.
, which Before
January 1, 2015, a resolution authorized under this subsection
shall be published in a newspaper of general circulation within the
political
subdivision. , and the Beginning January 1, 2015, a
resolution authorized under this subsection shall be published
using tier B with a link public notice as provided in the local
government public notice act. The contract may be executed without
a vote of the electors on the contract upon the expiration of 90
days after the date of the publication unless, within the 90-day
period, a petition signed by not less than 5% of the registered
electors residing within the limits of the political subdivision is
filed with the clerk of the political subdivision requesting a
referendum upon the execution of the contract, and in that event
the contract shall not be executed until approved by the vote of a
majority of the electors of the political subdivision qualified to
vote and voting on the contract at a general or special election to
be held not more than 90 days after the filing of the petition.
(5) If the bonds or notes sold by the authority involve the
pledge or use of state collected or administered funds, the
authority shall seek the approval of the state transportation
commission.
(6) Notwithstanding any other provision of this section, an
authority
shall not issue bonds , nor and
shall not use the
revenues
of the sale of bonds , for
the construction,
reconstruction, maintenance, or operation of a subway unless
approved by concurrent resolution by the legislature.
(7) Notes issued and contracts entered into under this section
are not subject to the revised municipal finance act, 2001 PA 34,
MCL 141.2101 to 141.2821.
Sec.
17. (1) Except in for the purchase of unique articles or
articles which, for any other reason, cannot be obtained in the
open market and except as otherwise provided in this section and in
section
24, the authority shall secure competitive bids shall be
secured
before any purchase or sale, by
contract or otherwise is
made or before any contract is awarded for construction,
alterations, supplies, equipment, repairs, or maintenance or for
rendering any services to the authority other than professional
services; and the purchase shall be made from or the contract shall
be awarded to the lowest responsive and responsible bidder; or a
sale to the highest responsive and responsible bidder. The
authority
may reject any and or all such bids or proposals. A
purchase
of any a unique article or other articles which that
cannot be obtained in the open market shall not be made without
express
approval of the board where if
the amount involved is in
excess of $25,000.00.
(2)
All Before January 1,
2015, all purchases and sales in
excess of $25,000.00 shall be awarded after advertising in a local
newspaper of general circulation in the metropolitan area at least
2 weeks before the bid opening. Beginning January 1, 2015, all
purchases and sales in excess of $25,000.00 shall be awarded after
using tier B with a link public notice as provided in the local
government public notice act. Bids shall be publicly opened and
read aloud at a date, time, and place designated in the invitation
to bid. Invitations to bid shall be sent at least 1 week before the
bid opening to at least 3 potential bidders who are qualified
technically and financially to submit bids, or a memorandum shall
be kept on file showing that less than 3 potential bidders who are
so
qualified technically and financially to submit bids exist in
the market area within which it is practicable to obtain bids.
(3) Except as otherwise provided in this section, written
price quotations from at least 3 qualified and responsible vendors
shall be obtained for all purchases and sales of $25,000.00 or less
but over $5,000.00, or a memorandum shall be kept on file showing
that
less than 3 qualified and
responsible vendors so qualified
exist in the market area within which it is practicable to obtain
quotations.
(4) Purchases or sales under $5,000.00 may be negotiated with
or without competitive bidding under procurement procedures as
promulgated and established by the general manager.
(5) Competitive bidding requirements may be waived if it is
determined by the general manager, or in such other manner as the
board may provide, by regulation, that an emergency directly and
immediately affecting service, or public health, safety, or welfare
requires immediate delivery of supplies, materials, equipment, or
services.
(6)
Savings achieved by the 1993 amendatory act that added
this
subsection PA 350 shall be used as 1 funding source for funds
to
construct the construction of
bus shelters at SMART bus stops.
In
the case of a state trunkline trunk
line highway, a bus shelter
constructed by SMART may include advertising on the shelter. This
project shall be competitively bid and shall be completed within 12
months.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.