Sec. 9.
(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 incorporation adopted under subsection (1) shall be signed by the mayor and clerk of that local government.
(3) The articles of incorporation adopted by a local government under subsection (1) shall be in a form substantially as follows:
"The foregoing articles of incorporation were adopted by the ____________________________ of the _______________ of ________________ County, Michigan, at a meeting held on the ____ day of __________, ______.
____________________
____________________ of the
____________________."
(4) The articles of incorporation shall specify best value objectives.
(5) One printed copy of the articles of incorporation certified as a true copy by the person or persons designated by the certification, with the date and place of the publication, shall be filed with the secretary of state and the clerk of the county in which the authority provides services. The authority becomes effective at the time provided in the articles of incorporation, but shall not be effective before the filing with the secretary of state and the county clerk.
(6) The validity of an authority is conclusively presumed unless questioned in an original action filed in the court of appeals within 60 days after the creation of the authority. The court of appeals has original jurisdiction to hear an action under this subsection. The court of appeals shall hear the action in an expedited manner.
History: 2012, Act 392, Imd. Eff. Dec. 19, 2012
Structure Michigan Compiled Laws
Chapter 123 - Local Government
Act 392 of 2012 - Municipal Lighting Authority Act (123.1261 - 123.1295)
Section 123.1261 - Short Title.
Section 123.1263 - Definitions.
Section 123.1267 - Alteration of Laws and Regulations of Utility Franchise.
Section 123.1269 - Articles of Incorporation.
Section 123.1279 - Fiscal Year; Commencement; Ending.
Section 123.1281 - Issuance of Bonds.
Section 123.1283 - Ancillary Facility.
Section 123.1285 - Contracts; Trust Agreement; Definitions.
Section 123.1287 - Property as Public Property; Exemption From Taxes.
Section 123.1289 - Acquisition of Property.
Section 123.1291 - Advance or Loan of Money From Local Governing Body to Authority.
Section 123.1293 - Powers in Addition to Charter or Statute.