reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.116 - Revenue Bonds; Trust Agreement.

120.116 Revenue bonds; trust agreement.
Sec. 16.
Revenue bonds issued pursuant to this act shall be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within or without the state. The trust agreement may pledge or assign the rentals and other revenues of the authority, but shall not convey or mortgage part or all of a project. The trust agreement shall contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the authority in relation to the acquisition or construction of a project and the extension, enlargement, improvement, maintenance, operation, repair, and insurance of a project and the custody, safeguarding, and application of all money and may contain provisions for the employment of consulting engineers in connection with the construction and operation of a project. The trust agreement shall set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by the bondholders and may contain any other provisions the authority may consider reasonable and proper for the security of the bondholders.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.117 - Bonds as Securities; Investment; Deposit.

120.117 Bonds as securities; investment; deposit.
Sec. 17.
(1) Bonds issued under this act are securities in which all public officers and public agencies of the state and its political subdivisions and all banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all administrators, executors, guardians, trustees and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them.
(2) Bonds issued under this act are securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is authorized by law.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.118 - Additional Bonds for Acquisition of Port Facilities; Authorization; Resolution; Issuance and Execution of Bonds; Seal; Negotiable Instruments; Maturities; Payment; Tax Exemption; Issuance of Bonds or Notes Subject to Revised Municipal Finance Act.

120.118 Additional bonds for acquisition of port facilities; authorization; resolution; issuance and execution of bonds; seal; negotiable instruments; maturities; payment; tax exemption; issuance of bonds or notes subject to revised municipal finance act.
Sec. 18.
(1) In addition to the bonds authorized in section 14, bonds may be issued for the purpose of acquiring port facilities, as follows:
(a) By the issuance of bonds in anticipation of payments to become due under contracts by which 1 or more constituent units agree to pay to an authority operating under this act certain sums toward the cost of the acquisition, improvement, enlargement, or extension of a project that may be made under this act. Contracts are not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(b) By money advanced by an authority operating under this act under agreements with a constituent unit or other municipality for the repayment of the money.
(c) By money advanced, from time to time, before or during construction of a project, by a public corporation, for which an authority operating under this act shall reimburse the corporation with interest not to exceed 8% per annum or without interest as may be agreed, when funds are available for reimbursement. The obligation of an authority to make the reimbursement may be evidenced by a contract or note, which contract or note may be made payable out of the payments to be made by constituent units under contracts made pursuant to subdivision (b), or out of the proceeds of bonds issued pursuant to this act by the county or out of any other available funds.
(2) Bonds issued under this section shall be authorized by a resolution adopted by the authority. The bonds shall be issued in the name of the authority and shall be executed by the chairperson and secretary-treasurer of the authority, who shall also cause their facsimile signatures to be affixed to the interest coupons to be attached to the bonds. The authority shall adopt a seal that shall be affixed to the bonds. Bonds issued under this section shall be negotiable instruments and shall mature not more than 40 years after the date of issuance. The bonds and coupons shall be made payable in lawful money of the United States and shall be exempt from all taxation whatsoever by this state or by any taxing authority within this state.
(3) Bonds or notes issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979 ;-- Am. 1983, Act 23, Imd. Eff. Apr. 5, 1983 ;-- Am. 2002, Act 412, Imd. Eff. June 3, 2002
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.119 - Validation of Bonds or Notes; Contesting Validity.

120.119 Validation of bonds or notes; contesting validity.
Sec. 19.
Bonds or notes issued under this act by an authority are validated. An authority acting under this act or any constituent unit, including the county, shall not contest the validity of bonds or notes issued under this act or any contract which provides the security therefor, after the bonds are sold and delivered and the authority has received the consideration therefor.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.120 - Contract for Use of Port Facilities; Increase in Charges; Duration of Contract.

120.120 Contract for use of port facilities; increase in charges; duration of contract.
Sec. 20.
Any 1 or more municipalities or other public corporations, either within or without an authority, may contract for the use of port facilities from an authority operating under this act. The charges specified in a contract shall be subject to increase by the authority at any time in order to provide funds to meet the obligations of the project involved. A contract authorized pursuant to this section shall be for a period of not more than 50 years.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.121 - Dock, Waterfront, or Riparian Property; Transfer, Possession, or Control.

120.121 Dock, waterfront, or riparian property; transfer, possession, or control.
Sec. 21.
The governing bodies of constituent units may, by majority vote, and with or without consideration, transfer or cause to be transferred to the authority or may place in its possession and control, by lease, or other contract or agreement, either for a limited period or in fee, any dock, waterfront, or riparian property owned or controlled by a constituent unit.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.122 - Tax Exemption.

120.122 Tax exemption.
Sec. 22.
(1) An authority created under this act shall be exempt from and shall not be required to pay taxes on property, both real and personal, belonging to the authority, which is used exclusively for a public purpose. However, the exemption shall not apply to property belonging to an authority while a private enterprise is a lessee of the property under a written lease. The bonds, notes, or other evidences of indebtedness, or their transfer, issued by an authority as authorized in this act, the interest thereon, the income derived, and the profit from a sale, shall be exempt from taxation, other than inheritance and estate taxes, within this state.
(2) This section constitutes a covenant and agreement with the holders of bonds, notes, or other evidences of indebtedness issued by an authority.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.123 - Plan for Future Development, Construction, and Improvement of Port and Facilities; Notice; Comments; Hearing; Adoption; Modification, Amendment, or Extension; Plans for Specific Projects.

120.123 Plan for future development, construction, and improvement of port and facilities; notice; comments; hearing; adoption; modification, amendment, or extension; plans for specific projects.
Sec. 23.
(1) An authority created on or after May 1, 1984 shall within 2 years after its creation prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including the maps, profiles, and other data and descriptions necessary to set forth the location and character of the work to be undertaken by the authority. An authority in existence before May 1, 1984 shall prepare or cause to be prepared the plan provided for in this subsection not later than September 30, 1985. The authority shall notify the legislature on April 15, 1985, as to the progress of the plan. The authority shall cause notice by publication to be given upon the completion of the plan in a daily newspaper of general circulation in the area under the jurisdiction of the authority. The notice shall fix the time and place for hearing on the plan, which shall be not less than 30 nor more than 60 days after publication of the notice. Any interested person may file written comments to the plan, if those comments are filed with the secretary-treasurer of the authority not less than 5 days before the date fixed for the hearing. After the hearing, the authority may adopt the plan, with any modifications or amendments, as the official plan of the authority. The authority, after adoption of the plan, may modify, amend, or extend the plan after notice and hearing in the manner prescribed in this subsection.
(2) The plan and any modification, amendment, or extension, when adopted by the authority after notice and hearing, shall be conclusive except that plans for specific projects, to be undertaken in execution of the official plan, shall not be adopted by the authority without prior individual approval by the governing bodies of its constituent units, the state transportation department, and the department of commerce.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979 ;-- Am. 1984, Act 256, Imd. Eff. Nov. 30, 1984
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.124 - Operating Budget.

120.124 Operating budget.
Sec. 24.
(1) The authority shall submit in writing a detailed estimate of the budget required for the business and conduct of an authority's affairs, initially, for a 2-year period, and annually thereafter to the governing bodies of its constituent units, the department of commerce, and the department of state highways and transportation for approval. The state shall provide 50% of the operating budget of the authority, to be included in the department of state highways and transportation budget which shall be subject to legislative approval. Fifty percent of the operating budget of an authority in which not more than 1 county and not more than 1 city participate shall be funded equally by the participating county and city.
(2) A city or county creating or participating in an authority may appropriate for the use of the authority, and include in its levy for general fund purposes, an amount considered proper. However, the total amount permitted by law to be levied by a city or county for general fund purposes shall not be considered increased by this section.
(3) As used in this section, "operating budget" means solely operation and maintenance expenses of an authority not included in the cost of a specific project, and interest on notes, but excludes amounts for debt service on bonds and amounts for acquisition, construction, enlargement, improvement, or extension of port facilities.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.125 - Surplus of Unencumbered Funds; Disposition.

120.125 Surplus of unencumbered funds; disposition.
Sec. 25.
If at the end of a fiscal year a surplus of unencumbered funds remains after providing for the operating expenses of an authority, the authority may pay that surplus into the general funds of the state and of its constituent units in the same proportion which the appropriations made by each to the authority bear to each other.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.126 - Entry on Lands, Waters, and Premises; Purpose; Reimbursement for Actual Damages.

120.126 Entry on lands, waters, and premises; purpose; reimbursement for actual damages.
Sec. 26.
For the purpose of making surveys, soundings, drillings, examinations, and investigations as it considers necessary or convenient for the purposes of this act, an authority and its authorized agents and employees may enter upon the lands, waters, and premises in the authority and that entry shall not be considered a trespass; nor shall an entry for these purposes be considered an entry under any condemnation proceedings which may be then pending. The authority shall make reimbursement for actual damages resulting to the lands, waters, or premises as a result of these activities.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.127 - Employees of Port Authority; Transfer and Payment of Sick Leave and Annual Leave; Salary Rate; Job Seniority and Pension Rights.

120.127 Employees of port authority; transfer and payment of sick leave and annual leave; salary rate; job seniority and pension rights.
Sec. 27.
(1) The employees of an authority, existing on the effective date of this act, of a city or county which creates or participates in an authority created under this act shall become the employees of that succeeding authority.
(2) Each employee at his or her option may transfer all or part of accumulated sick leave and shall be paid 1/2 of all unused accumulated sick leave not transferred. The employee also may transfer all or part of accumulated annual leave not to exceed more than 27 days and shall be paid for all unused accumulated annual leave not transferred.
(3) The transferred employee shall continue at his or her present salary rate, and if greater than that paid in the constituent unit for similar work, shall remain at the current level until matched by that constituent unit.
(4) Job seniority and pension rights shall be credited as if first employed by the constituent unit.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.128 - Annual Report; Audit.

120.128 Annual report; audit.
Sec. 28.
An authority shall make an annual report of its activities within 3 months after the close of its fiscal year to the governor and to the governing body of each constituent unit. The report shall include a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once each year by a certified public accountant, with the cost to be treated as an operation expense.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.129 - Liberal Construction; Powers Cumulative.

120.129 Liberal construction; powers cumulative.
Sec. 29.
This act, being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect its purposes. Powers granted in this act shall be cumulative and not exclusive of one another and may be exercised notwithstanding that bonds, notes, or other evidences of indebtedness are not issued.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.130 - Repeal of MCL 120.1 to 120.35; Effective Date of Subsection (1).

120.130 Repeal of MCL 120.1 to 120.35; effective date of subsection (1).
Sec. 30.
(1) Act No. 234 of the Public Acts of 1925, as amended, being sections 120.1 to 120.35 of the Compiled Laws of 1970, is repealed.
(2) Subsection (1) shall not take effect until the constituent bodies of each port authority created pursuant to Act No. 234 of the Public Acts of 1925 and in existence on the effective date of this act participate in the creation of an authority pursuant to this act and the membership of the commission governing that authority is appointed.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
The Monroe Port Authority has not created an authority under this act, and continues to operate under, and derive its power from, Act 234 of 1925, being MCL 120.1 to 120.35 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 159 of 2022 - Maritime and Port Facility Assistance Grant Program Act (120.151 - 120.157) › Section 120.151 - Short Title.

120.151 Short title.
Sec. 1.
This act may be cited as the "maritime and port facility assistance grant program act".
History:
2022, Act 159, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 159 of 2022 - Maritime and Port Facility Assistance Grant Program Act (120.151 - 120.157) › Section 120.153 - Definitions.

120.153 Definitions.
Sec. 3.
As used in this act:
(a) "Fund" means the maritime and port facility assistance fund created in section 7.
(b) "Grant program" means the maritime and port facility assistance grant program created in section 5.
(c) "Green marine certification" means a certification issued or awarded by a nationally recognized maritime organization identified by the office that ranks or evaluates port facilities on various criteria, including, but not limited to, any of the following:
(i) Greenhouse gas and air pollutants.
(ii) Spill prevention and stormwater management.
(iii) Dry bulk handling and storage.
(iv) Community impacts.
(v) Environmental leadership.
(vi) Waste management.
(d) "Office" means the maritime and port facility assistance office created in section 10s of 1951 PA 51, MCL 247.660s.
(e) "Port facility" means a commercial facility located alongside a navigable waterway used for commercial vessels and includes any of the following types of facilities:
(i) A seawall jetty, pier, wharf, or dock.
(ii) A warehouse, storehouse, elevator, grain bin, cold storage plant, terminal icing plant, bunker, or oil tank.
(iii) A ferry, canal, lock, seaway, or conveyor.
(iv) A modern appliance for the economical handling, storage, or transportation of freight and handling of passenger traffic.
(v) A transfer or terminal facility required for the efficient operation or development of a port or harbor.
(vi) Any other port or harbor improvement to assist with commercial operations.
(vii) An improvement, enlargement, remodeling, or extension of a facility described in this section.
History:
2022, Act 159, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 159 of 2022 - Maritime and Port Facility Assistance Grant Program Act (120.151 - 120.157) › Section 120.155 - Maritime and Port Facility Assistance Grant Program; Application and Certification Requirements.

120.155 Maritime and port facility assistance grant program; application and certification requirements.
Sec. 5.
(1) The maritime and port facility assistance grant program is created. Subject to subsections (2) to (4), the office shall administer the grant program and may award grants to owners of port facilities that submit a grant application on a form prescribed by the office that contains the information required by the office. A grant awarded under this section by the office may be used by the owner of a port facility for public purposes, including 1 or more of the following:
(a) Increasing the amount of either of the following:
(i) Direct port facility activity, including the amount or value of freight moving through the port facility.
(ii) Overall maritime-related economic development or maritime-related transportation opportunities in the port facility's region.
(b) Achieving or improving green marine certification.
(c) Matching federal funding opportunities.
(d) Dredging waterways and harbors.
(e) Repairing seawalls.
(f) Transitioning to cleaner technology.
(g) Other projects related to port facilities as determined by the office.
(2) The office shall give higher priority in awarding a grant to an owner of a port facility that has achieved green marine certification or that has submitted a grant application to fund achieving or improving green marine certification over other grant applicants.
(3) A grant awarded by the office under this section must include a statement defining measurable, annual goals for the grant funding recipient. For the 3 years after a grant is awarded, the office shall annually evaluate the grant funding recipient to determine whether the grant funding recipient is meeting its annual goals as defined in the grant award.
(4) The office may award grants of not more than $2,500,000.00 per grant annually. The office shall not award more than 50% of the amount available under the grant program in a single year to 1 grant applicant, unless there are no other grant applicants in that year.
(5) A grant applicant must certify both of the following to the office:
(a) When applying for a grant, both of the following:
(i) That the grant applicant is currently in compliance with all state and federal environmental laws and regulations applicable to the grant applicant's port facility.
(ii) That the grant applicant has not received notice of any violation of a state or federal environmental law or regulation applicable to the grant applicant's port facility in the 3 years before the grant is applied for.
(b) Annually, if participating in the grant program for more than 1 year, that the grant applicant has not received notice of any violation of a state environmental law or regulation applicable to the grant applicant's port facility in the past year.
History:
2022, Act 159, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 159 of 2022 - Maritime and Port Facility Assistance Grant Program Act (120.151 - 120.157) › Section 120.157 - Maritime and Port Facility Assistance Fund.

120.157 Maritime and port facility assistance fund.
Sec. 7.
(1) The maritime and port facility assistance fund is created in the state treasury.
(2) The state treasurer shall deposit money and other assets received from any source into the fund. The state treasurer shall direct the investment of money in the fund and credit interest and earnings from the investments to the fund.
(3) Money in the fund at the close of the fiscal year does not lapse to the general fund.
(4) The office is the administrator of the fund for audits of the fund.
(5) The office shall expend money from the fund, on appropriation, only for the purposes described in section 5, and in section 10s of 1951 PA 51, MCL 247.660s.
History:
2022, Act 159, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.1 - Charter Water Authority; Definition; Intent of Act, Limitation on Authority.

121.1 Charter water authority; definition; intent of act, limitation on authority.
Sec. 1.
As used in this act, “water supply and transmission system” means plants, works, instrumentalities and properties used or useful in connection with obtaining a water supply and the treatment thereof, and necessary transmission mains and appurtenances for the distribution of the water to the cities, villages and townships within the territorial limits of the authority. The cities, villages and townships shall continue to own, operate and maintain their own water distribution systems. It is the intent of this act to provide an equitable and reasonable method and means of financing and acquiring a central water supply and transmission system to supply potable water in sufficient quantities to local governmental units for distribution and sale to their own customers and users. The authority shall be limited to acquiring, owning and operating the central water supply and transmission system in the manner authorized by this act, either within or without the corporate limits of the authority.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.2 - Incorporating Municipalities; Act as Charter.

121.2 Incorporating municipalities; act as charter.
Sec. 2.
Any 2 or more cities, villages or townships, or any combination thereof, having a combined current state equalized valuation of not less than $200,000,000.00, by vote of their respective electors, may incorporate an authority comprising the territory within their respective limits for the purpose of acquiring, constructing, purchasing, operating and maintaining a water supply and transmission system. The authority shall be a public municipal corporation with the rights, powers and duties set forth in this act, which act shall constitute the charter of such municipal corporation.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.3 - Referendum on Joinder; Form of Ballot.

121.3 Referendum on joinder; form of ballot.
Sec. 3.
Each city, village or township desiring to become a part of the authority shall indicate, by resolution of its legislative body, its desire to become a part thereof, and shall submit the proposition of becoming a part of the authority to a vote of its qualified electors at a general or special election to be called for such purpose. The procedures relative to conducting the election shall be as provided in the general election law. The proposition to be submitted in each city, village or township shall be substantially as follows:
“Shall the (city, village or township, as the case may be) of .............. , become a part of an authority incorporated as a municipal corporation under the provisions of Act No. ...... of the Public Acts of 1957, entitled 'An act to provide for the incorporation of municipal authorities to acquire, own and operate water supply and transmission systems; to provide a municipal charter therefor; and to prescribe the powers and functions thereof,' said municipal authority to have the power pursuant to its charter to issue general obligation bonds and to levy taxes for the payment thereof, the total principal amount of which bonds at no time shall exceed 5% of the total state equalized valuation of the governmental units comprising the authority?
Yes ( )
No ( ).”
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.4 - Referendum; Simultaneous Submission.

121.4 Referendum; simultaneous submission.
Sec. 4.
Any city, village or township shall become a member of the authority when a majority of the electors voting on the proposition vote in favor thereof. The proposition to incorporate the authority shall be submitted at a general or special election held simultaneously in each city, village or township having indicated its desire to become a part of the authority.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.5 - Referendum; Certificates, Incorporation, Name.

121.5 Referendum; certificates, incorporation, name.
Sec. 5.
If on the vote being canvassed in each city, village or township, the result is determined to be in favor of the incorporation, the city clerk in the case of cities, the village clerk in the case of villages, and the township clerk in the case of townships, each shall file with the secretary of state and with the county clerk of the county in which the city, village or township is located, a certified copy of the resolution of their legislative body indicating its desire to become a part of the authority, a certified copy of the notice of election at which the question was submitted to the electors, and a certified copy of the canvassing resolution showing that the incorporation proposition was approved by a majority of the electors voting thereon, which resolution shall also give the number of votes cast on the proposition and the number cast for and against the same. From the date of the filing, the authority shall be deemed to be duly and legally incorporated under the provisions of this act if the total current state equalized valuation of such units of government so filing shall be $200,000,000.00 or more. If the electors of 1 or more cities, villages or townships vote against becoming a part of the authority, such fact shall not defeat the incorporation if the incorporation was approved by the electors of any 2 or more remaining cities, villages or townships having a current state equalized valuation of $200,000,000.00 or more; but the remaining cities, villages or townships shall constitute the boundaries of the authority, and a part thereof, if the legislative bodies of the remaining units of government, by resolution, approve the incorporation. Copies of the resolutions shall be filed in the office of the secretary of state and the county clerk of the county in which the units of government are situated. The incorporated authority shall then be known and designated as “The charter water authority of the (name cities, villages and townships becoming a part thereof), county (or counties) of .................... , Michigan” unless the governing body of the authority adopts a distinctive name for the authority, and files it in the office of the secretary of state.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.6 - Board of Commissioners; Voting Strength, Term.

121.6 Board of commissioners; voting strength, term.
Sec. 6.
The incorporated authority shall be directed and governed by a board of commissioners appointed as herein provided. The legislative body of each city, village or township constituting a part of the authority, within 30 days after the incorporation of the authority, shall elect a commissioner as its representative on the board of commissioners. The commissioner from each city, village or township shall have 1 vote. In determining the voting strength of a commissioner from a township in which is located a village or villages which are also constituent members of the authority, there shall be subtracted from the state equalized valuation of such township that proportion of such state equalized valuation of that township which the total assessed valuation of such member village or villages bears to the total assessed valuation of such township as a whole, as determined by the township board of review. In determining the voting strength of a commissioner from a village, such village shall be deemed to have a state equalized valuation equal to that proportion of the state equalized valuation of the whole township in which such village is located as the assessed valuation of such village, as determined by the township board of review, bears to the assessed valuation of the whole township in which such village is located, as last determined by the township board of review. In addition to such 1 vote, the commissioner from each city, village or township having a state equalized valuation in excess of $40,000,000.00 shall have 1 cumulative and additional vote for each $40,000,000.00 or any part thereof of state equalized valuation for the city, village or township he represents in excess of $40,000,000.00. Each commissioner's voting strength shall be determined initially as of the date of incorporation of the authority, and shall be redetermined every 5 years thereafter. The state equalized valuation for each city, village or township shall be determined initially and redetermined by the latest official figures applicable to that city, village or township. The commissioners shall serve for 4 years or until their successors are appointed.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.7 - Board of Commissioners; First Meeting, Officers, Employees, Bylaws, Office.

121.7 Board of commissioners; first meeting, officers, employees, bylaws, office.
Sec. 7.
The board of commissioners shall hold their first meeting within 1 month after their selection, on the call of the mayor of the most populous city of the authority, or if no city is a part of the authority, the mayor or president of the most populous village, or if no city or village is a part of the authority, the supervisor of the most populous township, as determined by the last federal decennial census. At the first meeting the board of commissioners shall elect a chairman and a vice-chairman, who shall be members of the board of commissioners, and a secretary and a treasurer, who need not be members. The board shall select and employ such other officers and employees and engage such engineering, legal and other professional services as it deems necessary to effectuate its purposes and fix the compensation therefor. The board may adopt such rules of procedure and bylaws as it deems advisable and shall designate an office or location as its principal place of business.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.8 - Board of Commissioners; Record of Proceedings; Accounts, Audit, Bond.

121.8 Board of commissioners; record of proceedings; accounts, audit, bond.
Sec. 8.
The board of commissioners shall keep a written record of every session of the board, which record shall be public. It shall also provide for a system of accounts to conform to any uniform system required by law, and for the auditing at least once yearly of the accounts of the treasurer by a competent certified public accountant, and the balance sheet showing the financial condition of the authority as of the date of the audit shall be published in 1 or more newspapers which have a general circulation in the governmental units comprising the authority within 30 days after such audit is received by the board of commissioners. The board shall require of the treasurer a suitable bond by a responsible bonding company, to be paid for by the board.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.9 - Rates and Charges; Revision; Revenues, Priority.

121.9 Rates and charges; revision; revenues, priority.
Sec. 9.
The board of commissioners, by resolution adopted by a 2/3 majority of the total authorized votes, prior to the acquisition or construction of a water supply and transmission system, and prior to the issuance of any bonds for such purposes, shall establish an initial schedule of rates and charges for the use of water to be furnished by the system to the governmental units within the corporate limits of the authority. The rates and charges may be fixed and revised from time to time by the board of commissioners within the limitations and conditions provided in the terms of any contract for the sale of water entered into between the authority and the governmental units within the corporate limits of the authority. Moneys derived from the collection of such rates and charges shall be applied and used by the authority in manner following, and in the following priority:
(1) To provide for the payment during each fiscal year of all current expenses of administration, operation and maintenance as may be necessary to preserve the system in good repair and working order.
(2) In the discretion of the board of commissioners, there may be set aside during each fiscal year moneys to provide a reserve fund for replacements or major repairs and improvements not anticipated or considered to be a part of current expenses of administration, operation or maintenance.
(3) Any balance remaining at the end of any fiscal year shall be deposited into the debt retirement fund to be established by the board of commissioners pursuant to the provisions of section 17 of this act and used only for the purpose of paying any bonded indebtedness incurred in accordance with the authorization contained in this act.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.10 - Rates and Charges; Duration of Contract With Governmental Unit.

121.10 Rates and charges; duration of contract with governmental unit.
Sec. 10.
After the establishment of initial rates and charges as required by section 9 of this act, the authority and the governmental units within its corporate limits may contract for the sale and purchase of water from any such system for a period of not exceeding 50 years.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.11 - Budget; Submission, Hearing, Adoption.

121.11 Budget; submission, hearing, adoption.
Sec. 11.
On or before February 1 of each year, the board of commissioners shall prepare and submit to the governing bodies of each governmental unit comprising the authority, a proposed budget covering its anticipated expenses of administration, operation and maintenance, plus any reserve therefor to be established, for the next succeeding fiscal year. The budget shall include a statement showing the amounts necessary to retire all principal and interest on any bonds of the authority maturing during the next ensuing fiscal year, the anticipated revenues to be derived from rates and charges during the fiscal year, and the proposed tax levy to provide funds for meeting its requirements for operation, administration, maintenance or debt retirement if necessary. Any governmental unit within the corporate limits of the authority shall be entitled to a hearing before the budget is finally adopted, upon request being made to the authority within 30 days after receipt of a copy of the proposed budget. The annual budget shall be finally adopted by the authority on or before June 1 of each year.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.12 - Fiscal Year.

121.12 Fiscal year.
Sec. 12.
The fiscal year of the authority shall commence on July 1 of each year and end on June 30 of each year, unless the board of commissioners, by resolution, establishes a different fiscal year.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.13 - Bonds; Maximum; Authorizing Resolution, Contents.

121.13 Bonds; maximum; authorizing resolution, contents.
Sec. 13.
For the purpose of constructing, acquiring, improving, enlarging or extending a water supply and transmission system, including the payment of engineering, legal and financing expenses in connection therewith, and after the establishment of the initial rates and the execution of contracts for the sale and purchase of water with each governmental unit within the corporate limits of the authority as provided in sections 9 and 10 of this act, the authority may borrow money and issue its negotiable general obligation bonds for such purpose. The total principal amount of the bonds, at no time, shall exceed 5% of the total state equalized valuation of the combination of governmental units comprising the authority. The bonds shall be issued only after the adoption of a resolution by a 2/3 majority of the total authorized vote. The resolution shall briefly describe the water supply and transmission system to be constructed, acquired, improved or extended, the estimated cost thereof, shall state that contracts for the sale and purchase of water have been entered into with all the governmental units comprising the authority, that initial rates have been established for the sale of water by the authority to the governmental units, the date, maturities and maximum interest rate at which the bonds shall be sold, prior redemption features of the bonds, if any, and an irrevocable pledge on the part of the authority to levy annually the taxes necessary to provide sufficient funds for the payment of principal and interest on the bonds as they mature in the manner authorized by this act. The resolution shall specify such other details and matters as may be deemed necessary or advisable to provide for the prompt and orderly retirement of the bonds and the interest thereon at maturity. Interest for the period of construction of any water supply and transmission system and for 1 year thereafter, and operating expenses of the authority during the construction period and not to exceed 6 months thereafter, may be capitalized and included as a part of any bond issue.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.14 - Repealed. 2002, Act 446, Imd. Eff. June 17, 2002.

121.14 Repealed. 2002, Act 446, Imd. Eff. June 17, 2002.
Compiler's Notes:
The repealed section pertained to terms, interest, redemption, and payment of bonds.
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.15 - Bonds; Issuance Subject to Revised Municipal Finance Act.

121.15 Bonds; issuance subject to revised municipal finance act.
Sec. 15.
Bonds issued by any authority under the provisions of this act are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957 ;-- Am. 2002, Act 446, Imd. Eff. June 17, 2002
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.17 - Repealed. 2002, Act 446, Imd. Eff. June 17, 2002.

121.17 Repealed. 2002, Act 446, Imd. Eff. June 17, 2002.
Compiler's Notes:
The repealed section pertained to establishment of separate depositary account as debt retirement fund.
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.18 - Taxes; Administration Expenses.

121.18 Taxes; administration expenses.
Sec. 18.
The authority may levy in any year, in addition to the tax required for the payment of bonded indebtedness, a tax for the purpose of providing funds for administration expenses of the authority and such other purposes of the authority as may be determined to be necessary by the board of commissioners. The tax shall be uniform and shall in no event exceed 1/2 mill on the combined state equalized valuation for all governmental units comprising the authority, and shall be levied only after the adoption of a resolution therefor by unanimous vote of all the members of the board of commissioners of the authority. The tax shall be levied and collected in the same manner as taxes for the payment of bonded indebtedness are levied and collected under the provisions of section 16 of this act.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957
Constitutionality:
This section, authorizing the levy of property taxes which statutorily are unlimited as to rate or amount, violates the 15 mill limitation of Const 1908, art 10, § 21, now Const 1963, art 9, § 6. Bacon v Kent-Ottawa Metropolitan Water Authority, 354 Mich 159; 92 NW2d 492 (1958).
2023 Michigan Compiled Laws › Chapter 121 - Charter Water Authority › Act 4 of 1957 - Charter Water Authority Act (121.1 - 121.29) › Section 121.19 - Taxes; Payment by Constituent Municipality.

121.19 Taxes; payment by constituent municipality.
Sec. 19.
Any city, township or village which is located in a township which is not a part of the authority, within 30 days after certification of the tax rate by the authority as required by section 16 of this act, in lieu of the levy and collection thereof, may pay to the authority the full amount of the tax as though fully collected, out of funds available for such purpose, in which event it shall not be obligated to include the tax rate as a part of the county tax bills as required by sections 16 and 18 of this act. Any such city, village or township may pay such moneys out of water rates and charges which it may charge users of water from its local distribution system, or from such revenues not earmarked for the payment of indebtedness by virtue of 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 Compiled Laws of 1948, and any ordinance enacted pursuant to its provisions, or from such other moneys which may be lawfully used for such purposes.
History:
1957, Act 4, Imd. Eff. Mar. 20, 1957