February 11, 2003, Introduced by Senators GARCIA, CASSIS, KUIPERS, TOY and GOSCHKA and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 2000 PA 321, entitled
"Recreational authorities act,"
by amending sections 3 and 5 (MCL 123.1133 and 123.1135).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. As used in this act:
2 (a) "Articles" means the articles of incorporation of an
3 authority.
4 (b) "Authority" means a recreational authority established
5 under section 5.
6 (c) "Board" means the board of directors of the authority.
7 (d) "District" means a portion of a municipality having
8 boundaries coterminous with those of a school district.
9 (e) (d) "Electors
of the authority" means the qualified and
10 registered electors of the participating municipalities who
11 reside within the territory of the authority.
1 (f) (e) "Largest
county" means, of those counties in which
2 a participating municipality is located, the county having the
3 greatest population.
4 (g) (f) "Municipality"
means a city, county, village, or
5 township.
6 (h) (g) "Park"
means an area of land or water, or both,
7 dedicated to 1 or more of the following uses:
8 (i) Recreational purposes, including but not limited to
9 landscaped tracts; picnic grounds; playgrounds; athletic fields;
10 camps; campgrounds; zoological and botanical gardens; boating,
11 hunting, fishing, and birding areas; swimming areas; and foot,
12 bicycle, and bridle paths.
13 (ii) Open or scenic space.
14 (iii) Environmental, conservation, nature, or wildlife
15 areas.
16 (i) (h) "Participating
municipality" means a municipality
17 or district that is named in articles of incorporation or
18 proposed articles of incorporation as joining in the original
19 establishment of an authority, or a municipality or district that
20 joins an existing authority and is added to the articles of
21 incorporation, and that has not withdrawn from the authority.
22 (j) (i) "Swimming
pool" includes equipment, structures,
23 areas, and enclosures intended for the use of individuals using
24 or operating a swimming pool, such as equipment, dressing,
25 locker, shower, and toilet rooms.
26 (k) (j) "Territory
of the authority" means the combined
27 territory of the participating municipalities that is served by
1 an authority.
2 Sec. 5. (1) Two or more municipalities or districts may
3 establish a recreational authority. A recreational authority is
4 an authority under section 6 of article IX of the state
5 constitution of 1963.
6 (2) To initiate the establishment of an authority, articles
7 of incorporation shall be prepared. The articles of
8 incorporation shall include all of the following:
9 (a) The name of the authority.
10 (b) The names of the participating municipalities.
11 (c) A description of the territory of the authority.
12 (d) The size of the board of the authority, which shall be
13 comprised of an odd number of members; the qualifications, method
14 of selection, and terms of office of board members; and the
15 filling of vacancies in the office of board member. If board
16 members are elected in at large elections by the qualified and
17 registered electors of the participating municipalities, voting
18 collectively, the election of board members shall be conducted
19 pursuant to the same procedures that govern an election for a tax
20 under sections 13 to 17.
21 (e) The purposes for which the authority is established,
22 which shall be the acquisition, construction, operation,
23 maintenance, or improvement of 1 or more of the following:
24 (i) A public swimming pool.
25 (ii) A public recreation center.
26 (iii) A public auditorium.
27 (iv) A public conference center.
1 (v) A public park.
2 (f) The procedure and requirements for a municipality or
3 district to become a participating municipality in, and for a
4 participating municipality to withdraw from, an existing
5 authority. For a municipality or district to become a
6 participating municipality in an existing authority, a majority
7 of the electors of the municipality or district proposed to be
8 included in the territory of the authority and voting on the
9 question shall approve a tax that the authority has been
10 authorized to levy by a vote of the electors of the authority
11 under section 11. A municipality or district shall not withdraw
12 from an authority during the period for which the authority has
13 been authorized to levy a tax by the electors of the authority.
14 (g) Any other matters considered advisable.
15 (3) The articles shall be adopted and may be amended by an
16 affirmative vote of a majority of the members serving on the
17 legislative body of each participating municipality. If a
18 participating municipality is a district, the articles shall be
19 adopted and may be amended by an affirmative vote of a majority
20 of the members serving on the legislative body of the entire
21 municipality. Unless the articles provide otherwise, the
22 requirements of this subsection do not apply to an amendment to
23 the articles to allow a municipality or district to become a
24 participating municipality in, or to allow a participating
25 municipality to withdraw from, an existing authority.
26 (4) Before the articles or amendments to the articles are
27 adopted, the articles or amendments to the articles shall be
1 published not less than once in a newspaper generally circulated
2 within the participating municipalities. The adoption of
3 articles or amendments to the articles by a municipality or
4 district shall be evidenced by an endorsement on the articles or
5 amendments by the clerk of the municipality.
6 (5) Upon adoption of the articles or amendments to the
7 articles by each of the participating municipalities, a printed
8 copy of the articles or the amended articles shall be filed with
9 the secretary of state by the clerk of the last participating
10 municipality to adopt the articles or amendments.
11 (6) The authority's articles of incorporation, or amendments
12 to the articles, take effect upon filing with the secretary of
13 state.