Section 123.1261 – Short Title.

123.1261 Short title. Sec. 1. This act shall be known and may be cited as the “municipal lighting authority act”. History: 2012, Act 392, Imd. Eff. Dec. 19, 2012

Section 123.1263 – Definitions.

123.1263 Definitions. Sec. 3. 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, call, or similar agreement to hedge […]

Section 123.1265 – Legislative Intent; Authority; Manner of Carrying Out Powers; Public Municipal Corporation; Lighting System Assets; Transfer of Ownership or Operational Control.

123.1265 Legislative intent; authority; manner of carrying out powers; public municipal corporation; lighting system assets; transfer of ownership or operational control. Sec. 5. (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 […]

Section 123.1267 – Alteration of Laws and Regulations of Utility Franchise.

123.1267 Alteration of laws and regulations of utility franchise. Sec. 7. 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 […]

Section 123.1269 – Articles of Incorporation.

123.1269 Articles of incorporation. 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 […]

Section 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.

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. Sec. 11. (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 […]

Section 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.

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. Sec. 13. (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 […]

Section 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.

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. Sec. 15. (1) Within 30 days following the appointment of the last board member to the board, the board shall hold its first meeting. (2) […]

Section 123.1277 – Plan for Next 3 Succeeding Years; Contents; Acceptance or Rejection by Local Governing Body; Revised Plan; Rejection; Final Proposed Plan; Adoption.

123.1277 Plan for next 3 succeeding years; contents; acceptance or rejection by local governing body; revised plan; rejection; final proposed plan; adoption. Sec. 17. (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 […]

Section 123.1279 – Fiscal Year; Commencement; Ending.

123.1279 Fiscal year; commencement; ending. Sec. 19. 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. History: 2012, Act 392, Imd. Eff. Dec. 19, 2012

Section 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.

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. Sec. 20. (1) The local government has the responsibility, authority, and right to manage and direct on behalf of the public the services performed […]

Section 123.1281 – Issuance of Bonds.

123.1281 Issuance of bonds. Sec. 21. (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, and other related […]

Section 123.1283 – Ancillary Facility.

123.1283 Ancillary facility. Sec. 23. (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 bond insurance, […]

Section 123.1285 – Contracts; Trust Agreement; Definitions.

123.1285 Contracts; trust agreement; definitions. Sec. 25. (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 establishment of […]

Section 123.1287 – Property as Public Property; Exemption From Taxes.

123.1287 Property as public property; exemption from taxes. Sec. 27. (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 […]

Section 123.1289 – Acquisition of Property.

123.1289 Acquisition of property. Sec. 29. 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, leased, or […]

Section 123.1291 – Advance or Loan of Money From Local Governing Body to Authority.

123.1291 Advance or loan of money from local governing body to authority. Sec. 31. 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. […]

Section 123.1293 – Powers in Addition to Charter or Statute.

123.1293 Powers in addition to charter or statute. Sec. 33. The powers granted under this act are in addition to those granted by any charter or statute. History: 2012, Act 392, Imd. Eff. Dec. 19, 2012

Section 123.1295 – Construction of Act.

123.1295 Construction of act. Sec. 35. 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. History: 2012, Act 392, Imd. Eff. Dec. 19, 2012