Mich. Comp. Laws § 123.1261
Short title.
This act shall be known and may be cited as the "municipal lighting authority act".
Michigan Compiled Laws — MUNICIPAL LIGHTING AUTHORITY ACT (Act 392 of 2012)
Michigan · statute · 392 of 2012, Mich. Comp. Laws · 19 active provisions
Mich. Comp. Laws § 123.1263
Definitions.
As used in this act: (a) "Ancillary facility" means any revolving credit agreement, agreement establishing a line of credit, or a letter of credit; reimbursement agreement; interest rate exchange or similar agreement; currency exchange agreement; commodity exchange agreement; interest rate floor or cap; option, put, ca…
Mich. Comp. Laws § 123.1265
Legislative intent; authority; manner of carrying out powers; public municipal corporation; lighting system assets; transfer of ownership or operational control.
(1) It is the intent of this act to provide an equitable and reasonable method and means of financing, operating, and maintaining a lighting system to supply lighting in sufficient quantities to a local government. (2) The powers of the authority shall be carried out in a manner authorized by this act. (3) A local gove…
Mich. Comp. Laws § 123.1267
Alteration of laws and regulations of utility franchise.
Nothing in this act shall be considered to alter the laws and regulations regarding utility franchises unless explicitly stated. The creation of an authority shall not be considered to create a new franchise as long as the authority only provides service within its own territory, which shall be composed of the territor…
Mich. Comp. Laws § 123.1269
Articles of incorporation.
(1) A local government may adopt articles of incorporation by a majority vote of its governing body and incorporate an authority for the purpose of acquiring, owning, improving, enlarging, extending, constructing, operating, or maintaining a lighting system and providing lighting services. (2) The articles of incorpora…
Mich. Comp. Laws § 123.1271
Authority as public municipal corporation and public body corporate; powers; maintenance of books and records; implementation of best value supply chain and procurement practice.
(1) An authority is a public municipal corporation. The authority is a public body corporate with the power to sue and be sued in any court of this state. The authority possesses all the powers necessary to carry out the purposes of its incorporation. The enumeration of any powers in this act shall not be construed as…
Mich. Comp. Laws § 123.1273
Board of directors; appointment; expiration of term; qualifications; certification to be signed by board member; report by attorney general; failure of board member to make required certification.
(1) An authority created under this act shall be directed and governed by a board of directors consisting of 5 members appointed as provided in this section. (2) The board shall be appointed as follows: (a) Two members who are residents of the local government appointed by the chief executive officer of the local gover…
Mich. Comp. Laws § 123.1275
Meeting; selection of officers; bond; employees and other professional services; quorum; rules and bylaws; business conducted at public meeting; compliance with freedom of information act; annual audit; progress reports.
(1) Within 30 days following the appointment of the last board member to the board, the board shall hold its first meeting. (2) At its first meeting, the board shall select a chairperson, treasurer, and any other officers as the board considers necessary. The board shall require the treasurer to post a suitable bond of…
Mich. Comp. Laws § 123.1277
Plan for next 3 succeeding years; contents; acceptance or rejection by local governing body; revised plan; rejection; final proposed plan; adoption.
(1) On or before March 15 after the creation of the authority, and on or before March 15 of every second year after the creation of the authority, the board shall prepare and submit to the governing body of the local government a plan for the next 3 succeeding fiscal years. The plan shall contain all of the following:…
Mich. Comp. Laws § 123.1279
Fiscal year; commencement; ending.
Unless the board, by resolution, establishes a different fiscal year, the fiscal year of the authority shall commence on July 1 of each year and end on the following June 30.
Mich. Comp. Laws § 123.1280
Collective bargaining agreement; employment relationship between existing employees of local government and proposed authority; transfer of employees to authority; representation by labor organization; single seniority list; employee entering military service.
(1) The local government has the responsibility, authority, and right to manage and direct on behalf of the public the services performed or exercised as provided in the articles of incorporation to the extent the articles of incorporation are consistent with, and not otherwise limited by, this act. (2) The contents or…
Mich. Comp. Laws § 123.1281
Issuance of bonds.
(1) For the purpose of constructing, acquiring, improving, enlarging, or extending a lighting system, including the payment of engineering, legal, and financing expenses, and after the establishment of the initial service rates and the execution of contracts for the provision of construction services, purchase of power…
Mich. Comp. Laws § 123.1283
Ancillary facility.
(1) An authority may enter into, amend, or terminate, as it determines necessary or appropriate, any ancillary facility for any of the following purposes: (a) To facilitate the issue, sale, resale, purchase, repurchase, or payment of bonds, or the making or performance of swap contracts, including without limitation bo…
Mich. Comp. Laws § 123.1285
Contracts; trust agreement; definitions.
(1) An authority and the local government comprising the authority may enter into a contract providing for the construction, acquisition, improvement, enlargement, or extension of a lighting system, including the payment of engineering, legal, and financing expenses in connection with the lighting system, and after the…
Mich. Comp. Laws § 123.1287
Property as public property; exemption from taxes.
(1) The property of an authority created under this act is public property devoted to an essential public and governmental purpose. Income of an authority is for a public and governmental purpose. (2) Except as otherwise provided in this subsection, the property of an authority created under this act and its income, ac…
Mich. Comp. Laws § 123.1289
Acquisition of property.
An authority may acquire property for a lighting system by purchase, construction, lease, gift, or devise, either within or outside its corporate limits. The authority may hold, manage, control, sell, exchange, or lease the property, except that if the property at issue was purchased, constructed, gifted, devised, leas…
Mich. Comp. Laws § 123.1291
Advance or loan of money from local governing body to authority.
The governing body of the local government comprising the authority may advance or loan to the authority any money required for administrative expenses or for the purpose of obtaining maps, plans, designs, specifications, and cost estimates of a proposed lighting system. An advance or loan may be included as a part of…
Mich. Comp. Laws § 123.1293
Powers in addition to charter or statute.
The powers granted under this act are in addition to those granted by any charter or statute.
Mich. Comp. Laws § 123.1295
Construction of act.
This act shall be liberally construed in the interest of the public health, safety, and welfare of the persons and property within an authority created under this act.