Michigan Compiled Laws
Article 3 - (460.831...460.848)
Section 460.834 - Joint Agency as Public Body Politic and Corporate; Essential Public Function; Articles of Incorporation; Amendments.

Sec. 34.
(1) A joint agency formed for the purposes provided in this article is a public body politic and corporate and the powers conferred by this act are considered to be the performance of an essential public function.
(2) Any combination of 2 or more municipalities described in section 31 may incorporate a joint agency by the adoption of articles of incorporation by resolution of the governing body of each municipality. The fact of adoption shall be endorsed on the articles of incorporation by the chief executive officer and clerk of the municipality, in form substantially as follows:

(4) The articles of incorporation shall state the name of the joint agency, the names of the various incorporating municipalities, the purpose or purposes for which it is created, the powers, duties, and limitations of the joint agency and its officers, the method of selecting its governing body, officers, and employees, the person or persons who are charged with the responsibility for causing the articles of incorporation to be published and filed or who are charged with the responsibility in connection with the incorporation of the joint agency, the place of publication, and all other matters which the incorporating municipalities consider advisable, all of which shall be subject to article 3 of this act and of the constitution and laws of the state.
(5) The board of commissioners of a joint agency may, by resolution, authorize the establishment of 1 or more classes of associate membership in the joint agency. A municipality admitted as an associate member shall have participatory and other rights and obligations as provided in the resolution establishing the associate membership class or classes.
(6) A municipality described in section 31 which did not join in the original incorporation of a joint agency may become a member or an associate member of the joint agency by the adoption of a resolution by the governing body of the municipality and by a resolution unanimously adopted by all members of the board of commissioners of the joint agency. The resolution of the board of commissioners may provide that a municipality shall become a member or an associate member at a future date or upon the occurrence of a future event and may provide further that the decision of the board of commissioners may not be revoked without the consent of the governing body of the municipality being added as a member or associate member. Upon the addition of a new member or associate member, the articles of incorporation shall be conformed by the board of commissioners to show the addition of the new member or associate member and, if the municipality is being added as an associate member, the rights and obligations of the municipality as an associate member. Other amendments may be made to the articles of incorporation if adopted by the governing body of each municipality of which the joint agency is composed. An amendment shall be endorsed, published and certified and printed copies filed in the same manner as the original articles of incorporation, except an amendment showing only the addition of a new member or associate member and the rights and obligations of a new associate member need not be published.
History: 1976, Act 448, Imd. Eff. Jan. 13, 1977 ;-- Am. 2008, Act 21, Imd. Eff. Mar. 7, 2008

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 460 - Public Utilities

Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848)

Article 3 - (460.831...460.848)

Section 460.831 - Joint Agency; Formation; Creation; Purpose; Determination of Best Interest.

Section 460.832 - Board of Commissioners; Appointment and Term of Commissioners.

Section 460.833 - Board of Commissioners; Officers; Record of Proceedings; Custody of Records, Documents, Minutes, and Seal; Copies; Certificate.

Section 460.833a - Records, Books, Documents, and Papers; Exclusion From Public Disclosure; Exception.

Section 460.834 - Joint Agency as Public Body Politic and Corporate; Essential Public Function; Articles of Incorporation; Amendments.

Section 460.835 - Board of Commissioners; Quorum; Effect of Vacancy; Action Authorized by Resolution; Expenses.

Section 460.836 - Other Municipality as Member of Joint Agency; Application; Resolution; Withdrawal.

Section 460.836a - Municipal Unit or Other Political Subdivision of Another State or Canadian Province as Member of Joint Agency; Rights, Privileges, and Obligations.

Section 460.837 - Joint Agency; Rights and Powers Generally.

Section 460.838 - Board of Commissioners; Retention of General Manager of Joint Agency; Policies; Retention of Independent Certified Public Accounting Firm; Rules.

Section 460.839 - General Manager as Chief Executive and Operating Officer of Joint Agency; Powers and Duties Generally.

Section 460.840 - Determining Future Power Requirements; Considerations.

Section 460.841 - Tax Levy Prohibited; Pledging Credit or Taxing Power; Financing Projects of Joint Agencies.

Section 460.842 - Bonds; Contractual Obligations; Resolution; Bonds Subject to Revised Municipal Finance Act; Contracts or Notes as to Moneys Advanced or Property Delivered; Contracts Pledging Full Faith and Credit of Municipality.

Section 460.842a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

Section 460.843 - Contract for Purchase of Capacity and Output; Payments; Default; Furnishing Money, Personnel, Equipment, and Property; Advances or Contributions; Repayment.

Section 460.844 - Sale or Exchange of Excess Capacity or Output.

Section 460.845 - Eminent Domain.

Section 460.846 - Dissolution of Joint Agency; Resolution; Vesting of Title to Funds and Other Properties.

Section 460.847 - Annual Report.

Section 460.848 - Annual Audit.