reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.24 - Port Commission; Taxes, Special Assessments; Allocation of Millage.

***** 120.24 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.24 Port commission; taxes, special assessments; allocation of millage.
Sec. 24.
Each port commission shall have power to raise revenue by a tax to be levied on all taxable property within such port district, not exceeding 2 mills in any one year on each dollar of the assessed valuation of the taxable property in such port district. The tax shall be for such number of years as approved by the electors of the cities or townships or of the county or counties and shall be levied and collected in the same manner now provided for the levy of state and county taxes under the general tax law, and shall be paid to the county treasurer having custody of the port district fund, to the credit of such fund, and such tax shall not exceed $1,500,000.00 in any one year. If the port commission is authorized under any present or future law of the state to establish special assessment zones and to raise revenue through the medium of special assessments for benefits within such zones, taxes so assessed shall be in excess of such 2 mill limitation. This act shall not authorize a county allocation board to allocate millage within the 15 mill limitation for capital construction purposes, except to meet any deficiency in the payments of principal or interest upon bonds regularly issued with the approval of the electors. Funds may be appropriated from regular millage for operating purposes only in an amount to be established by the board of supervisors, and the board of supervisors may also appropriate for any purposes moneys obtained as revenues from the operation of the port.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2313 ;-- Am. 1931, Act 299, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 67, Imd. Eff. May 1, 1933 ;-- CL 1948, 120.24 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958 ;-- Am. 1964, Act 24, Imd. Eff. Apr. 29, 1964 ;-- Am. 1966, Act 318, Eff. Mar. 10, 1967
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.24a, 120.24b - Repealed. 1958, Act 178, Imd. Eff. Apr. 18, 1958.

120.24a, 120.24b Repealed. 1958, Act 178, Imd. Eff. Apr. 18, 1958.
Compiler's Notes:
The repealed sections provided for port districts' estimates and reports of amounts necessary to be raised by general tax.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.25 - Port Commission; Bond Issues, Limit, Approval by Governing Bodies or Electors.

***** 120.25 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.25 Port commission; bond issues, limit, approval by governing bodies or electors.
Sec. 25.
Each port commission shall have power to borrow money and issue bonds to an amount not greater in any one year than 1/5 of 1% of the total assessed valuation of such port district, nor to a total amount including all outstanding bonded indebtedness of such district exceeding 2% of the assessed valuation of such district and at a rate of interest not to exceed 6% after a resolution to that effect is passed by the majority of the board of commissioners and approved by a 3/5 majority of the members elect of the governing body of the cities or townships or of the board of supervisors of the county or counties of the port district, and the question shall be submitted to a vote of the electors of the district at a general election and 51% of the electors voting on such resolution shall vote in favor thereof. The election officials of the cities or townships or of the county or counties in the port district shall prepare the ballots or voting machines. The canvass of votes on such question shall, if the port district be located in a single county, be made by the board of county canvassers, and if it be located in more than 1 county, be made by the board of state canvassers. The general election laws of the state shall govern the conduct of the vote and qualifications of electors. In any port district having an assessed valuation of $50,000,000.00 or less, the commission shall have power to borrow money and issue bonds to an amount not greater in any one year than 1 1/2% of the total assessed valuation of such district. General bonds for any such district may be issued for any period not exceeding 30 years. No bond or evidence of indebtedness shall be negotiated at less than par and the accrued interest. The question of a bond issue may be submitted to the electors at the same time that the question of the creation of a port district is submitted to them, but a vote authorizing a bond issue shall be invalid unless the creation of the district is also authorized by the electors voting thereon. In such case the expense of the elections shall be paid by the cities or townships or the county or counties and the question of the bond issue shall be submitted in substantially the following form: "Shall the port commission, if authority be given for its creation at this election, have the power to issue ............... in bonds for port improvements?"
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2314 ;-- Am. 1931, Act 299, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 67, Imd. Eff. May 1, 1933 ;-- Am. 1937, Act 12, Imd. Eff. Apr. 24, 1937 ;-- CL 1948, 120.25 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958 ;-- Am. 1964, Act 96, Eff. Aug. 28, 1964
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.26 - Port Commission; Assistants and Employes.

***** 120.26 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.26 Port commission; assistants and employes.
Sec. 26.
Each port commission shall have power to employ such assistants, clerks, inspectors, engineers, legal counsel or other employes for carrying out the purposes of the port commission, and fix the salaries, compensation and bonds of such employes as it may by resolution provide, subject, however, to the provisions of section 34 hereof.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- Am. 1931, Act 299, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 67, Imd. Eff. May 1, 1933 ;-- CL 1948, 120.26
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.27 - Port Commission; Expenditures, Authority, Bids.

***** 120.27 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.27 Port commission; expenditures, authority, bids.
Sec. 27.
No port district coterminous with a county, or comprising an area greater than a county, shall be empowered to make any expenditure or any commitment for the expenditure of funds, arising from any source whatsoever, except to the extent that the same shall have been first duly authorized by the port district budget committee if there be one and specific appropriations made by the board or boards of supervisors of such county or counties: Provided, That nothing in this act contained shall be construed as preventing a port district from making any expenditure or commitment, or performing any act, required by any statute or by the terms of any ordinance or resolution pertaining to the issuance of revenue bonds, if such issuance was approved by the board or boards of supervisors as required in section 16 of this act. In all cases involving the expenditure of $1,000.00, or more, each port commission shall enter into contract with the lowest competent and reliable bidder for all work to be done and for the purchase of all supplies and materials required by the port district.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2316 ;-- CL 1948, 120.27 ;-- Am. 1955, Act 190, Imd. Eff. June 14, 1955 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.28 - Port Commission; Lease of Harbor Area, Rents.

***** 120.28 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.28 Port commission; lease of harbor area, rents.
Sec. 28.
The port commission of each port district shall have full power and authority to lease the harbor area belonging to the state of Michigan situated within such port district, to the highest bidder upon such terms and conditions as shall conform to the provisions of this act and to the comprehensive scheme of harbor improvement as herein later provided. Every such lease shall provide that the rental thereunder shall be payable to the county treasurer wherein such port district is situated for the use of such port district and to go into a special fund hereinafter provided for: Provided, That where the port district covers 2 or more counties such rents shall be paid to the county treasurer designated by the port commission.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2317 ;-- CL 1948, 120.28 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.29 - Port Commission; Election and Powers of Officers; Rules; Seal; Recording Proceedings of Board; Disposition and Disbursement of Funds of Port District; Office; Access to Maps, Charts, Plans, and Documents.

***** 120.29 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.29 Port commission; election and powers of officers; rules; seal; recording proceedings of board; disposition and disbursement of funds of port district; office; access to maps, charts, plans, and documents.
Sec. 29.
The port commission shall elect from among its members a chairperson, vice-chairperson, and secretary. The officers selected shall possess and exercise the powers granted to them by the commission. The port commission, by resolution, shall adopt rules governing the transaction of its business and shall adopt an official seal. Proceedings of the board of commissioners shall be by resolution recorded in a book kept for that purpose. The funds of the port district shall be paid to the county treasurer, of the county in which the port district is situated, or if it consists of 2 or more whole counties, then to the county treasurer designated by the commission. Disbursements shall be made by the officer on warrants drawn by the county auditor, or, in port districts not having a county auditor, on warrants drawn by the county clerk, on order of, or vouchers approved by, the port commission. The port commission shall have an office in which they shall keep maps, charts, plans, and documents relating to the land and waters and all matters for which the commission is responsible. The commission shall have access to other maps, charts, plans, and documents relating to port district in the office or custody of a public board, commission, or officer.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2318 ;-- Am. 1937, Act 277, Imd. Eff. July 22, 1937 ;-- CL 1948, 120.29 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958 ;-- Am. 1978, Act 248, Imd. Eff. June 20, 1978
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.29a - Availability of Writings to Public.

***** 120.29a THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: SEE (2) of 120.130 *****
120.29a Availability of writings to public.
Sec. 29a.
A writing prepared, owned, used, in the possession of, or retained by the commission or a board or committee created pursuant to this act in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1978, Act 248, Imd. Eff. June 20, 1978
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.31 - Property Rights in Improvements; Cooperation Between Port District and Certain Other Public Bodies.

***** 120.31 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.31 Property rights in improvements; cooperation between port district and certain other public bodies.
Sec. 31.
No improvements shall be acquired or constructed by the port district unless such improvements shall, when completed, be the property of such port district, the county in which such port district is located, any commercial waterway district created within its boundaries, any city within such port district, the state of Michigan, or the United States of America, and the funds of such port district may be expended in the acquirement or construction of any harbor improvement embraced in such general plan adopted as in this act provided, in conjunction with the county in which such port district is located, any commercial waterway district created within its boundaries, any city in such port district, the state of Michigan, or the United States of America, or any or all of them.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2320 ;-- Am. 1931, Act 299, Eff. Sept. 18, 1931 ;-- CL 1948, 120.31
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.32 - Power to Borrow in Anticipation of Tax.

***** 120.32 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.32 Power to borrow in anticipation of tax.
Sec. 32.
(1) A port commission is hereby authorized, prior to the receipt of taxes raised by a levy, to borrow money or issue the warrants of the district in anticipation of the revenues to be derived by the district from the levy of taxes for the purpose described in this act. The warrants shall be redeemed from the first money available from the levy of taxes when collected.
(2) Bonds and notes issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2321 ;-- CL 1948, 120.32 ;-- Am. 2002, Act 447, Imd. Eff. June 17, 2002
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.33 - Fund Created; Special Funds; Disbursement.

***** 120.33 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.33 Fund created; special funds; disbursement.
Sec. 33.
The county treasurer of the county in which the port district is located, or in the event that the district covers 2 or more whole counties, then the county treasurer designated by the port commission shall create a fund to be known as the "Port of ............... Fund," into which shall be paid all money received by him from the collection of taxes in behalf of such port district, and no money shall be disbursed therefrom except upon warrants of the county auditor, or upon order of or vouchers approved by the port commission. The county treasurer shall also maintain such other special funds as may be prescribed by the port commission, into which shall be placed such moneys as the port commission may by its resolution direct, and from which disbursements shall be made upon proper warrants of the county auditor or county clerk issued against the same by authority of the port commission.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2322 ;-- CL 1948, 120.33 ;-- Am. 1958, Act 178, Imd. Eff. Apr. 18, 1958
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.34a - Port Districts Coterminous With Cities and Townships; Powers of Local Governing Bodies.

***** 120.34a THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.34a Port districts coterminous with cities and townships; powers of local governing bodies.
Sec. 34a.
In construing this act, port districts coterminous with a city or township shall follow the same procedure, as near as may be, substituting the local governing body and local officers where applicable for the board of supervisors and county officials, shall enjoy the same powers and be subject to the same conditions as set forth for county port districts, and port districts coterminous with 2 or more cities or townships shall in the same manner follow the same procedure, as near as may be, shall enjoy the same powers and be subject to the same conditions as set forth for port districts coterminous with 2 or more counties.
History:
Add. 1960, Act 40, Eff. Aug. 17, 1960
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.35 - Construction of Act.

***** 120.35 THIS SECTION IS SUBJECT TO CONDITIONAL REPEAL: See (2) of 120.130 *****
120.35 Construction of act.
Sec. 35.
This act shall not be construed to repeal, amend, or modify any law heretofore enacted, providing a method of harbor improvement, regulation or control in this state, but shall be held to be an additional and concurrent method providing for such purpose and except by agreement between the port commission and the parties at interest, shall not be construed to include within its terms any property now or hereafter devoted to public use, owned, operated or controlled by any person, municipality or private corporation.
History:
1925, Act 234, Eff. Aug. 27, 1925 ;-- CL 1929, 2324 ;-- CL 1948, 120.35
Compiler's Notes:
For repeal of act, see MCL 120.130 and Compiler's note thereto.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 234 of 1925 - Port Districts (120.1 - 120.36) › Section 120.36 - Repealed. 1966, Act 318, Eff. Mar. 10, 1967.

120.36 Repealed. 1966, Act 318, Eff. Mar. 10, 1967.
Compiler's Notes:
The repealed section provided that nothing in port district act deemed to constitute a grant of state land.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.51 - Department of Commerce Designated State Agency; Cooperation and Negotiation With Port Districts and Harbor Facilities.

120.51 Department of commerce designated state agency; cooperation and negotiation with port districts and harbor facilities.
Sec. 1.
The department of commerce is designated the state agency to cooperate and negotiate with port districts, port authorities, other governments, governmental units and agencies thereof in matters concerning the planning, acquisition, development, operation, maintenance and administration of port and commercial harbor facilities in this state.
History:
1966, Act 251, Imd. Eff. July 11, 1966
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.52 - Requests for Matching Grants by Port Districts; Disbursement of Funds.

120.52 Requests for matching grants by port districts; disbursement of funds.
Sec. 2.
Any port district created in accordance with the laws of this state, after receiving the approval of a majority of the members of the board of supervisors of the county in which the port district is situated, may request matching grants from the state to assist the port district in the planning, acquisition, development or expansion of port facilities, including lands, buildings, warehouses and similar facilities, acquired or to be acquired by the port district. The requests shall be filed with the department of commerce and the department shall include in its annual budget request, a listing of the funds requested by the various port districts and the recommendations of the department with respect thereto. Funds appropriated by the legislature to the various port districts shall be disbursed through the department which shall enter into appropriate agreements with the port districts prescribing the terms and conditions of the grants in accordance with the applicable laws of this state. The department shall on or before September 1 of each year submit a written report to the governor and the legislature.
History:
1966, Act 251, Imd. Eff. July 11, 1966
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.53 - Cooperation and Agreements With United States; Conduct of Studies, Research Programs; Purpose, Approval.

120.53 Cooperation and agreements with United States; conduct of studies, research programs; purpose, approval.
Sec. 3.
The department may cooperate and enter into agreements with the United States and any agency or department thereof in the conduct of studies, research programs and related investigations designed to make available to port districts of this state, information to assist in stimulating, increasing or developing traffic within the port districts; but in no case shall the department obligate the state without legislative approval. To the greatest extent possible, any such studies shall be conducted in conjunction with port districts of this state.
History:
1966, Act 251, Imd. Eff. July 11, 1966
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.54 - Investigation of Transportation Rates; Representation of State and Port Districts.

120.54 Investigation of transportation rates; representation of state and port districts.
Sec. 4.
The department shall conduct investigations of transportation rates and shall represent the state and the various port districts before any agency of this state, the United States, or any agency or department thereof, on all matters relative to the establishment, continuance, modification or discontinuance of transportation rates insofar as the rates affect port districts or shipping operations on the navigable waters of this state.
History:
1966, Act 251, Imd. Eff. July 11, 1966
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.55 - Budget Requests; Purposes.

120.55 Budget requests; purposes.
Sec. 5.
The department shall include in its annual budget request such funds as shall be necessary to permit the conduct of the programs and activities authorized by the provisions of this act, including administrative costs thereof.
History:
1966, Act 251, Imd. Eff. July 11, 1966
Compiler's Notes:
See Compiler's note to MCL 120.130.
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 251 of 1966 - Port Districts (120.51 - 120.56) › Section 120.56 - Construction of Act.

120.56 Construction of act.
Sec. 6.
In construing this act, port districts coterminous with a city or township shall follow the same procedure as is prescribed for counties, substituting the local governing body and officers where applicable for the board of supervisors and county officials. Whenever in this act any power is granted to a port district, it shall be exercised by the port commission unless otherwise provided herein. Whenever in this act any power is granted to a port commission it shall be deemed to be granted to the port district but to be exercised by such port commission.
History:
1966, Act 251, Imd. Eff. July 11, 1966
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 120.101 - Short Title.

120.101 Short title.
Sec. 1.
This act shall be known and may be cited as the "Hertel-Law-T. Stopczynski port authority act".
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 120.102 - Definitions.

120.102 Definitions.
Sec. 2.
As used in this act:
(a) "Authority" means a port authority created under this act and may also include the area within the jurisdiction of an authority.
(b) "Constituent unit" means a city or county requesting the incorporation of an authority.
(c) "Governing body of the city" means the city council or city commission of a city requesting incorporation of an authority created under this act.
(d) "Governing body of the county" means the county board of commissioners of a county participating in an authority created under this act.
(e) "Port facilities" means those facilities owned by the port authority such as: seawall jetties; piers; wharves; docks; boat landings; marinas; warehouses; storehouses; elevators; grain bins; cold storage plants; terminal icing plants; bunkers; oil tanks; ferries; canals; locks; bridges; tunnels; seaways; conveyors; modern appliances for the economical handling, storage, and transportation of freight and handling of passenger traffic; transfer and terminal facilities required for the efficient operation and development of ports and harbors; other harbor improvements; or improvements, enlargements, remodeling, or extensions of any of these buildings or structures.
(f) "Project" means the acquisition, purchase, construction, reconstruction, rehabilitation, remodeling, improvement, enlargement, repair, condemnation, maintenance, or operation 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 120.103 - Port Authority; Exercise of Powers and Duties; Jurisdiction.

120.103 Port authority; exercise of powers and duties; jurisdiction.
Sec. 3.
An authority may exercise and apply any or all of its powers and duties as prescribed and set forth in this act, within the respective boundaries of the county or counties creating a port authority under this act, including jurisdiction over commercially navigable water lying therein.
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 120.104 - Port Authority; Incorporation; Recommendations; Articles of Incorporation; Body Corporate and Politic; Public Purpose.

120.104 Port authority; incorporation; recommendations; articles of incorporation; body corporate and politic; public purpose.
Sec. 4.
(1) A city and county, a combination of counties or a combination consisting of at least 1 city and 1 county, by joint resolution of their respective governing bodies, may request the governor to authorize the incorporation of an authority. The governor shall consider the recommendations of the department of state highways and transportation and the department of commerce in authorizing the authority. The initial articles of incorporation shall be approved by the governor and may thereafter be amended by resolution of the authority, subject to approval by the governor. After approval by the governor, the articles of incorporation and any amendments to those articles shall be effective upon filing with the secretary of state.
(2) An authority created under this act shall be a body corporate and politic.
(3) The exercise by an authority of the powers conferred by this act shall be considered and held to be an essential governmental function and a benefit to, and a legitimate public purpose of the state, the authority, and the constituent units.
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 120.105 - Port Authority; Appointment and Terms of Members; Vacancy; Reappointment; Chairperson, Vice-Chairperson, and Secretary-Treasurer; Quorum; Voting; Expenses; Liability.

120.105 Port authority; appointment and terms of members; vacancy; reappointment; chairperson, vice-chairperson, and secretary-treasurer; quorum; voting; expenses; liability.
Sec. 5.
(1) Except as provided in subsection (5), an authority shall consist of 5 or 7 members as follows:
(a) One member shall be appointed by the governor.
(b) The remaining members shall be appointed by the governing body of each city and the governing body of each county that requested the incorporation of the authority. The representation on, and the number of members of, the authority shall be determined by agreement among the incorporating units and included within the joint resolution requesting incorporation of the authority.
(2) The members first appointed shall serve staggered terms. After the first appointment, each member shall serve a term of 4 years, except that a person appointed to fill a vacancy shall be appointed for the balance of the unexpired term. A member shall be eligible for reappointment.
(3) The members shall elect 1 of their membership as chairperson and another as vice-chairperson, shall designate the terms of office of those officers, and shall appoint a secretary-treasurer who need not be a member. A majority of the members of the authority shall constitute a quorum. The affirmative vote of a majority of the members shall be necessary for any action taken by the authority.
(4) The members shall serve without compensation but shall be reimbursed for all necessary travel and other expenses incurred in the discharge of their duties.
(5) An authority that is established in a county having a population of 1,500,000 or more shall consist of 5 members as follows:
(a) One member shall be appointed by the governor.
(b) Two members shall be appointed by a majority of all the members of the county board of commissioners of the county. The members appointed shall be nominated by the commissioners on the board who do not reside within the political boundaries of a city having a population of 750,000 or more.
(c) Two members shall be appointed by the mayor of a city having a population of 750,000 or more that is located in the county.
(6) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, a member of the authority appointed under this section who exercises the powers contained in this act in good faith is immune from civil or administrative liability arising from that conduct, unless the conduct was gross negligence or willful and wanton misconduct.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979 ;-- Am. 2001, Act 244, Imd. Eff. Jan. 8, 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 120.106 - Bond of Secretary-Treasurer.

120.106 Bond of secretary-treasurer.
Sec. 6.
Before the issuance of any bonds, notes, or other evidences of indebtedness under this act, the secretary-treasurer of an authority shall execute a bond in the penal sum of $100,000.00, conditioned upon the faithful performance of the duties of the office and executed by a surety company authorized to transact business in this state as surety. The bond shall be filed in the office of the secretary of state. The premium of the bond shall be a current expense of the 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 120.107 - Advisory Committees and Councils.

120.107 Advisory committees and councils.
Sec. 7.
An authority may organize and create advisory committees and councils to serve at the pleasure of the authority for terms and purposes considered to be in the best interest of furthering the intent and purpose of this act. The committees and councils shall be made up of persons especially skilled, knowledgeable, or experienced in international trade, finance, commerce, transportation, or labor. Members of the committees or councils shall serve without compensation but shall be entitled to reasonable and necessary expenses incurred in the discharge of their duties.
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 120.108 - Port Authority; Powers Generally.

120.108 Port authority; powers generally.
Sec. 8.
An authority may:
(a) Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business.
(b) Sue and be sued on the same basis as the state; and adopt and register with the secretary of state an official seal and alter that seal at its pleasure.
(c) Maintain offices at a place or places, either within or without its jurisdiction as it may determine.
(d) Acquire, construct, reconstruct, rehabilitate, improve, maintain, lease as lessor or as lessee, repair, or operate port facilities within its territorial jurisdiction, including the dredging of ship channels and turning basins and the filling and grading of land therefor. An authority may operate a leased facility, owned by the authority, if the lessee defaults and a new lease is negotiated or competitively bid.
(e) Designate the location and character of the port facilities which the authority may hold or own or over which it is authorized to act and regulate all matters related to the location and character of those port facilities.
(f) Acquire, hold, and dispose of real and personal property.
(g) Make directly, or through the hiring of expert consultants, investigations and surveys of whatever nature, including studies of business conditions, freight rates, port services, physical surveys of the conditions of channels and structures, and the necessity for additional port facilities for the development and improvement of commerce and recreation and for the more expeditious handling of that commerce and recreation, and make studies, surveys, and estimates, as necessary for the execution of its powers under this act.
(h) Promulgate all necessary rules to fulfill the purposes of this act.
(i) Issue its bonds, notes, or other evidences of indebtedness as provided in this act.
(j) Fix and revise from time to time and charge and collect rates, fees, rentals, or other charges for the use of a facility owned by the 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 120.109 - Port Authority; Additional Powers.

120.109 Port authority; additional powers.
Sec. 9.
An authority may:
(a) Appear in its own behalf before boards, commissions, departments, or other agencies of the federal government or of any state or international conferences and before committees of the congress of the United States and the state legislature in all matters relating to the design, establishment, construction, extension, operation, improvement, repair, or maintenance of a project operated and maintained by the authority under this act, and appear before any federal or state agencies in matters relating to transportation rates, port services and charges, demurrage, switching, wharfage, towage, pilotage, differentials, discriminations, labor relations, trade practices, river and harbor improvements, aids to navigation, permits for structures in navigable waters, and all other matters affecting the physical development of, and the business interest of, the authority and those it serves.
(b) Make application for, receive and accept from any federal, state, or municipal agency, foundation, public or private agency, or individual, a grant or loan for, or in aid of, the planning, construction, operation, or financing of a port facility; and receive and accept contributions from any source of money, property, labor, or other things of value, to be held, used, and applied for the purposes for which the grant or contribution may be made.
(c) Appoint an executive director who shall be the chief administrative officer of the authority, and to whom the authority may delegate any of its administrative powers and authorizations. During employment the executive director shall not have a financial interest in port facilities or projects over which the authority has jurisdiction or power or authorization to act.
(d) Employ personnel as is necessary and employ the services of private consultants and engineers, legal counsel, accountants, construction and financial experts, and other agents for rendering professional and technical assistance and advice as may be necessary, and whose compensation, including the executive director, shall be determined by the 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 120.110 - Port Authority; Additional Powers.

120.110 Port authority; additional powers.
Sec. 10.
An authority may:
(a) Subject to the authority of the federal government and the state and with the agreement of the constituent units, provide for the preservation of navigation within its territorial jurisdiction, including the establishment by regulation of lines beyond which piers, bulkheads, wharves, pilings, structures, obstructions, or extensions of any character may not be built, erected, constructed, or extended; provide by regulation for the stationing, anchoring, and movement of vessels or other watercraft; adopt rules to prevent material, refuse, or matter of any kind from being thrown into, deposited, or placed where it may fall, or be washed, into navigable waters under its jurisdiction; ascertain the depth and course of the channels of those navigable waters; erect and maintain, authorize the erection and maintenance of, and make rules respecting wharves, bulkheads, piers, and piling, and the keeping of the same in repair, to prevent injury to navigation or health; regulate the use of wharves, docks, piers, bulkheads, or pilings owned by it; lease or rent the same, and impose and collect dockage from vessels and watercraft lying at, or using the same; and collect wharfage and other charges upon goods, wares, merchandise or other articles landed at, shipped from, stored on, or passed over the same.
(b) Make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act.
(c) Lay out, construct, acquire, operate, lease, sell, and convey planned industrial districts as a part of port facilities within its jurisdiction, subject to the restrictions contained in this act upon operation and ownership of port facilities.
(d) Do all acts and things necessary or convenient to promote and increase commerce and recreation within its territorial jurisdiction and carry out the powers expressly granted and any powers implied or necessary for the exercise of the powers expressly granted in this act.
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 120.111 - Port Authority; Liability.

120.111 Port authority; liability.
Sec. 11.
Except with respect to docks or wharves owned, controlled, or operated by, the authority, this act shall not be construed to impose a duty upon an authority to a person using its waters in regard to the safety thereof, or to render an authority liable for loss of life or injury or damage to person or property, by reason of an obstruction in, or unsafe condition of, any part of its waters, nor shall this act be construed to render the authority liable in damages or otherwise for an omission to pass or enforce a rule or resolution made under this act.
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 120.112 - Acquisition of Property by Purchase, Lease, or Condemnation; Sale or Removal of Structures; Sale or Lease of Property.

120.112 Acquisition of property by purchase, lease, or condemnation; sale or removal of structures; sale or lease of property.
Sec. 12.
(1) An authority may acquire by purchase or lease, when it considers the purchase or lease expedient, lands, structures, property, rights, rights of way, franchises, easements, and other interests in lands as it considers necessary or convenient for the construction or operation of a project, upon terms and at a price as considered reasonable and agreed upon between the authority and the owner thereof.
(2) An authority may acquire by condemnation lands, property rights, rights of way, franchises, easements, and other property, or parts thereof or rights therein, of a person, partnership, association, or corporation considered by the authority to be necessary for the construction or efficient operation of a project. However, a facility currently operated as a port facility by a terminal operator or a facility owned or operated by and for the exclusive use of the owner or operator and a facility owned or operated by a common carrier or public utility shall be exempt from this subsection. The condemnation shall be made in the manner provided by Act No. 295 of the Public Acts of 1966, as amended, being sections 213.361 to 213.391 of the Michigan Compiled Laws, except where that procedure may be inconsistent with this act.
(3) An authority may sell or remove the buildings or other structures upon lands taken by the authority, and may sell or lease lands or rights or interest in lands or other property taken or purchased for the purposes of this act.
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 120.114 - Revenue Bonds; Applicability of Revenue Bond Act; Revenue Bonds Payable Solely From Revenues or Income.

120.114 Revenue bonds; applicability of revenue bond act; revenue bonds payable solely from revenues or income.
Sec. 14.
(1) An authority may provide by resolution for the issuance of revenue bonds of the authority for the purpose of providing funds for paying the cost of port facilities, or for paying the cost of an extension, enlargement, or improvement of a project then under the control of the authority. The bonds issued under this section shall mature at a time or times, not exceeding 40 years after their date of issuance, as the authority may provide.
(2) Revenue bonds issued under this section are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
(3) Revenue bonds issued pursuant to this section shall not be considered to constitute a debt of this state, a political subdivision of this state, the authority, or any constituent unit, or a pledge of the faith and credit of this state or a political subdivision of this state or of the authority or any constituent unit, but shall be payable solely from the revenues or income to be derived from the projects. The revenue bonds shall contain on their face a statement to the effect that the bonds and attached coupons are payable solely from revenues and are not a general obligation of this state, a political subdivision of this state, the authority, or a constituent unit, and neither the faith and credit nor the taxing power of this state, a political subdivision of this state, the authority, or a constituent unit, is pledged to the payment of the principal of or the interest on the bonds.
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 120.114a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

120.114a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 14a.
A petition under section 14, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 188, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 120 - Port Districts › Act 639 of 1978 - Hertel-Law-T. Stopczynski Port Authority Act (120.101 - 120.130) › Section 120.115 - Revenue Bonds; Form; Date; Denomination; Place of Payment; Redemption; Validity of Signature or Facsimile; Issuance in Coupon or Registered Form; Registration, Reconversion, and Interchange of Bonds.

120.115 Revenue bonds; form; date; denomination; place of payment; redemption; validity of signature or facsimile; issuance in coupon or registered form; registration, reconversion, and interchange of bonds.
Sec. 15.
An authority shall determine the form of the bonds of each series issued pursuant to section 14, including any interest coupons to be attached thereto, the date of the bonds, the denomination of the bonds, and the place of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds of each series may be made redeemable before their maturity or maturities at the option of the authority, at a price and under the terms and conditions as may be fixed by the authority before issuance of the bonds. If an officer whose signature or a facsimile of whose signature appears on any bonds or coupons ceases to be an officer before delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until the delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds.
History:
1978, Act 639, Imd. Eff. Jan. 11, 1979
Compiler's Notes:
See Compiler's note to MCL 120.130.