Michigan Compiled Laws
Act 47 of 1945 - Hospital Authority (331.1 - 331.11)
Section 331.8e - Bonds; Creation of Lien in Authorizing Resolution; Nature and Effect of Lien; Default; Receiver.

Sec. 8e.
(1) There shall be created in the authorizing resolution a lien, by this act made a statutory lien upon all net revenues, including as a part thereof, the assessments against a member city, township, or village as provided in this act pledged to the payment of the principal of and interest on the bonds, to and in favor of the holders of the bonds and the interest coupons pertaining thereto. This lien shall be a first lien upon the revenues and amounts pledged, except where a prior lien exists, then the new lien shall be subject thereto.
(2) The revenues and amounts so pledged shall be and remain subject to the statutory lien until the payment in full of the principal of and interest upon the bonds. The holder or holders of bonds representing in the aggregate not less than 20% of the entire issue then outstanding may by suit, action, or other proceeding protect and enforce the statutory lien and enforce and compel the performance of all duties of the officials of the hospital authority, including the fixing of sufficient rates, the collection of revenues, the proper segregation of revenues, the proper application thereof, and the imposition and collection of assessments against a member city, township, or village assessed in accordance with this act. However, the statutory lien shall not be construed to give the holders or owners of a bond or coupon authority to compel the sale of any of the hospitals the revenues of which are pledged.
(3) If a payment of principal or interest on the bonds is in default, a court having jurisdiction in any proper action may appoint a receiver to administer and operate on behalf of the hospital authority, under direction of the court, any hospital the revenues of which are pledged to the payment of principal and interest. With the approval of the court the receiver may fix and charge rates and collect revenues sufficient to provide for the payment of bonds or other obligations outstanding against the revenues of the hospital, and for the payment of operating and maintenance expenses, and to apply the income and revenues of the hospital in conformity with this act, the resolution providing for the issuance of the bonds, and in accordance with orders of the court.
History: Add. 1973, Act 161, Imd. Eff. Dec. 14, 1973 Popular Name: Municipal Hospital Authority Act

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 331 - Hospitals

Act 47 of 1945 - Hospital Authority (331.1 - 331.11)

Section 331.1 - Hospital Authority; Formation; Issuance and Purpose of Bonds; Enlargement of Powers; “Hospitals” and “Community Hospitals and Related Facilities” Defined.

Section 331.2 - Hospital Authority; Body Corporate; Powers; Entity Unable to Document Compliance; Validation, Ratification, and Confirmation of Actions or Proceedings.

Section 331.3 - Contents of Resolution Creating Hospital Authority; Subsequent Membership; Release From Membership; Prior Actions and Proceedings Validated.

Section 331.4 - Community Hospitals; Annual Tax; Reimbursement Payments Under Glenn Steil State Revenue Sharing Act of 1971; Additional Annual Tax for Capital Improvements; Election.

Section 331.5 - Hospital Board; Appointment, Qualifications, and Terms of Members; Temporary Officers; Resolutions Removing Members at Large; Duties of Secretary; Limitation on Procedure; First Meeting; Election of Officers; Executive Committee; Medi...

Section 331.6 - Hospital Board; Meetings; Conducting Business at Public Meeting; Notice of Meeting; Waiver of Notice; Quorum; Record of Meeting; Availability of Record and Other Writings to Public; System of Accounts; Audit; Treasurer's Bond; Bylaws,...

Section 331.7 - Balanced Budget; Preparation; Contents; Notice of Public Hearing; Adoption of Budget; Determining Respective Shares of Cities, Townships, and Villages; Assessed Valuations; Tax Levy; Certification of Amounts to Be Raised; Tax Limitati...

Section 331.8 - Bonds; Issuance; Purpose; Liability; Payment; Sale; Interest Rate; Bonds Subject to Revised Municipal Finance Act.

Section 331.8a - Borrowing Money and Issuing Notes; Purpose; Resolution; Maturity; Validation of Notes Previously Issued; Bonds and Notes Subject to Agency Financing Reporting Act.

Section 331.8b - Hospital Board; Bonds for Capital Improvements in Anticipation of Collection of Additional Tax Levy; Levy for Payment of Bonds and Interest.

Section 331.8c - Bonds; Authorization; Ordinance; Referendum Petition and Election; Notice; Resolution.

Section 331.8d - Bonds; Contents of Authorizing Resolution; Serial; Installments; Form; Execution; Payment of Principal and Interest; Registration.

Section 331.8e - Bonds; Creation of Lien in Authorizing Resolution; Nature and Effect of Lien; Default; Receiver.

Section 331.8f - Bonds; Public Sale; Notice; Publication; Private Sale.

Section 331.8g - Bonds as Negotiable Instruments.

Section 331.8h - Bonds; Deposit or Investment of Sale Proceeds; Use of Moneys Received From Sale; Cancellation of Bonds Acquired by Purchase; Payment of Capitalized Interest.

Section 331.8i - Free Service by Hospital Prohibited; Rates for Services.

Section 331.8j - Additional Bonds.

Section 331.8k - Bonds; Authorizing Reduction to Fix Beginning and Ending Dates of Operating Year.

Section 331.8m - Funds to Which Hospital Revenues Pledged in Authorizing Resolution.

Section 331.8n - Disposition of Moneys in Funds Established by Authorizing Resolution and of Moneys in Bond and Interest Redemption Fund.

Section 331.8p - Redemption of Bonds.

Section 331.8q - Repealed. 2002, Act 435, Imd. Eff. June 10, 2002.

Section 331.8r - Books of Record and Accounts; Availability of Certain Writings to Public; Statement; Misdemeanor; Proceedings to Compel Compliance; Annual Audit Report.

Section 331.8s - Authority and Rights of Hospital Authority; Prior Actions and Proceedings Validated.

Section 331.8t - Certificate of Need.

Section 331.9 - Powers of Hospital Board as to Property; Sale, Exchange, Lease, or Other Transfer of Hospital to Nonprofit Corporation; Sale, Lease, or Other Transfer of Real Property to County; Dissolution of Hospital Authority.

Section 331.10 - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

Section 331.11 - Declaration of Necessity.