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.