HOUSE BILL NO. 6387

November 12, 2020, Introduced by Reps. Coleman and Steven Johnson and referred to the Committee on Government Operations.

"An act to provide for the incorporation of certain municipal authorities for the collection or disposal, or both, of garbage or rubbish, or both, and for the operation of a dog pound; and to prescribe the powers, rights and duties thereof,"

by amending sections 1, 2, and 7 (MCL 123.301, 123.302, and 123.307).

the people of the state of michigan enact:

Sec. 1. (1) Any 2 or more cities, villages, or townships, hereinafter referred to as "municipalities", or any combination thereof, of cities, villages, or townships, may incorporate an authority for the purpose of the collection or disposal, collecting or disposing, or both, of garbage or rubbish, or both, and for the establishment and operation of establishing and operating a dog pound, by the adoption of adopting articles of incorporation , by the legislative body of each such municipality. The fact of such incorporating city, village, or township. The adoption shall must be endorsed on such the articles of incorporation by the mayor and clerk of the city, the president and clerk of the village, or the supervisor and clerk of the township, as the case may be, applicable, in form substantially as follows:

"The foregoing articles of incorporation were adopted by the ....................... of the ................................. of ................................., ........................... county, Michigan, at a meeting duly held on the .................. day of ................................., 19 20.... of said the .................. Clerk of said the ....................."

(2) The authority shall must be comprised composed of the territory within such the incorporating municipalities. The Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper designated in said the articles of incorporation and circulating within the authority. Beginning January 1, 2022, public notice of the articles of incorporation must be posted as set forth in the local government public notice act. One printed copy of such the articles of incorporation certified as a true copy by the person or persons designated therefor, with the date and place of such the publication or posting, shall must be filed with each the secretary of state and the clerk of the county within which such the authority or the major portion thereof of the authority is located. Such The authority shall become becomes effective at the time provided in said the articles of incorporation. The validity of such the incorporation shall be is conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the filing of such the certified copies with the secretary of state and the county clerk.

Sec. 2. Said The articles of incorporation shall must state the name of such the authority, the names of the various municipalities cities, villages, or townships creating the same, authority, the purpose or purposes for which it the authority is created, the powers, duties, and limitations of the authority and its officers, the method of selecting its governing body, officers, and employees, and the person or persons who are charged with the responsibility of causing the articles of incorporation to be published or posted and printed copies to be certified and filed as above provided or who are charged with any other responsibility in connection with the incorporation of said the authority, all of which shall be are subject to the provisions of the state constitution of 1963 and the statutes of the this state of Michigan and particularly of this act.

Sec. 7. Any city, village, or township may become a part of such an authority by amendment to the articles of incorporation, adopted by the legislative body of such the city, village, or township and by the legislative body of each city, village, or township of which such the authority is composed. Other amendments may be made to such the articles of incorporation if adopted by the legislative body of each city, village, or township of which the authority is composed. Any such amendment shall must be endorsed, published or posted, and certified printed copies filed in the same manner as the original articles of incorporation, except that the filed printed copies shall must be certified by the recording officer of the authority.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.