December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1933 (Ex Sess) PA 18, entitled
"An act to authorize any city, village, township, or county to
purchase, acquire, construct, maintain, operate, improve, extend,
and repair housing facilities; to eliminate housing conditions
which are detrimental to the public peace, health, safety, morals,
or welfare; and for any such purposes to authorize any such city,
village, township, or county to create a commission with power to
effectuate said purposes, and to prescribe the powers and duties of
such commission and of such city, village, township, or county; and
for any such purposes to authorize any such commission, city,
village, township, or county to issue notes and revenue bonds; to
regulate the issuance, sale, retirement, and refunding of such
notes and bonds; to regulate the rentals of such projects and the
use of the revenues of the projects; to prescribe the manner of
selecting tenants for such projects; to provide for condemnation of
private property for such projects; to confer certain powers upon
such commissions, cities, villages, townships, and counties in
relation to such projects, including the power to receive aid and
cooperation of the federal government; to provide for a referendum
thereon; to provide for cooperative financing by 2 or more
commissions, cities, villages, townships, or counties or any
combination thereof; to provide for the issuance, sale, and
retirement of revenue bonds and special obligation notes for such
purposes; to provide for financing agreements between cooperating
borrowers; to provide for other matters relative to the bonds and
notes and methods of cooperative financing; for other purposes; and
to prescribe penalties and provide remedies,"
by amending sections 1 and 3 (MCL 125.651 and 125.653), section 1
as amended by 2007 PA 185.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Borrower" means either of the following:
(i) The city, village, township, or county local unit of
government operating under this act.
(ii) A commission created under this act if empowered
authorized
by ordinance of the creating
governing body
incorporating unit to act as a borrower for purposes of issuing
bonds or notes under this act.
(b) "Business activity" means that term as defined in section
3(2)
of the former single business tax act, 1975 PA 228, or in
section 105 of the Michigan business tax act, 2007 PA 36, MCL
208.1105, or in section 603 of the income tax act of 1967, 1967 PA
281, MCL 206.603.
(c) "Commission" means the housing commission created under
this act.
(d)
"Governing body" means in the case of a city, the council
or
commission of the a city, ; in the case of a village, the
council ,
commission, or board of trustees of
the a village,
; in
the
case of a township, the township
board ; and in the case of a
county,
the board of supervisors or of
a township, or the county
board of commissioners of a county.
(e)
"Incorporating unit" means the city, village, township, or
county
local unit that creates a commission.
(f) "Local unit" means a city, village, township, or county.
(g) (f)
"Ordinance" means either
of the following:
(i) An ordinance of a city, village, township, or
county.local
unit.
(ii) To the extent the incorporating unit has granted
or
empowered
authorized a commission to take those actions otherwise
required to be taken by the incorporating unit by ordinance, a
resolution of the commission.
(h) (g)
"Township" means a
township having a population over
100.
Sec.
3. (1) (a) Any city, village, township or county A local
unit
may create by ordinance , a commission with power to
accomplish
the purposes set forth in section 2. of this act. Any
ordinance
hereafter enacted If the
ordinance is adopted before
January
1, 2015, it shall not go into take effect
until 15 days
after it has been published in a newspaper of general circulation
in
such city, village, township or county the local unit and posted
in
3 public places in such city, village, township or county. the
local
unit. If there is no newspaper of
general circulation in any
such
a city, village, or township such
publication may be had that
adopts such an ordinance, the ordinance shall be published in any
newspaper having general circulation in the county in which the
city,
village, or township is situated. located. If the ordinance
is adopted after December 31, 2014, the ordinance shall not take
effect until 15 days after tier B public notice with a link, as set
forth in the local government public notice act, is given. If,
before
such the ordinance goes into effect, a petition signed by a
number
of the qualified electors of such city, village, township or
county
the local unit equal to at least 3% of the number of voters
registered
for the last regular city, village, township or county
election
in that local unit is filed with the clerk of the city,
village,
township or county local unit
requesting that the question
of
the creation of such the commission be submitted to the voters
electors
of the city, village, township or
county, local unit, the
ordinance shall not take effect unless approved by a majority of
the electors voting on the question. If such a petition is filed,
the
clerk of the city, village, township or county local unit shall
immediately
call a special election for that purpose, unless a
submit the question to the electors of the local unit at the next
general
election is to be held in such city, village, township or
county
within 30 days from the date of the filing of the petition,
in
which event the question shall be submitted at such general
election.
In the event the question is to be submitted at a special
election,
such election shall be held within 15 days from the date
of
the filing of the petition. or
special election that allows
reasonable time for proper notices and printing of ballots or at
any special election called for that purpose, as determined by the
governing
body of the local unit. The manner of
conducting any such
a special election shall conform as nearly as may be to the manner
of conducting elections of members of the governing body of the
city,
village, township or county local
unit, and votes cast on the
question shall be counted, canvassed, and returned as nearly as may
be
in the same manner as at such elections. The question ,
whether
submitted
at a general or special election, shall
be in
substantially the following form:
"Shall the ordinance passed by the (name of governing body) on
the
................. day of ..........., 19 20...., providing for
the creation of a housing commission, go into effect?
"
Yes ( )
"
No ( ).".
(2) (b)
If, at such the election,
a majority of the voters
electors voting on the question do not vote in favor of the
question,
the ordinance shall not go into take
effect and the
governing
body of such city, village, township or county shall not
pass any other ordinance providing for the creation of a housing
commission
for 1 year from after the date of such the election.
(3) (c)
A commission created by a township,
within its
territorial
jurisdiction, shall have has
all the functions, rights,
powers,
duties, and liabilities provided in by this
act for a
commission
created by a city or village, and the provisions of this
act
shall apply to such applies
to a commission created by a
township
in the same manner and to the same
extent as this act
applies
to a commission created by such a city
or village. The
township
board shall perform the functions herein required or
permitted by this act to be performed by the governing body for a
commission
created by a city or village. ; and the The township
supervisor
shall perform such the functions as are required or
permitted by this act to be performed by the chief administrative
officer of a city or village.
(4) (d)
A commission created by a county,
within an
unincorporated
area of the county, shall have has
all the
functions,
rights, powers, duties, and liabilities provided in by
this
act for a commission created by a city or village, and the
provisions
of this act shall apply to such applies to a commission
created by a county in the same manner and to the same extent as
this
act applies to a commission created
by such a city or village.
A commission created by a county, within an incorporated area of
the
county, shall have such has
all the functions, rights, powers,
duties, and liabilities as may be provided by contractual agreement
between
the county and such incorporated area. The county board of
supervisors
or county board of commissioners
shall perform the
functions
herein required or permitted by
this act to be performed
by the governing body for a commission created by a city or
village. ;
and the chairman of the board of supervisors, The
chairperson of the county board of commissioners or the county
executive , shall perform such the functions
as are required or
permitted by this act to be performed by the chief administrative
officer of a city or village.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.