SB-1347, As Passed House, December 18, 2008
May 28, 2008, Introduced by Senators BARCIA and GLEASON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 16 (MCL 117.16).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
16. (1) If the proposed charter be is rejected
at such an
election, the
election of officers shall be is
void, except that
the
elector who shall receive receives
the highest number of votes
cast
for the office of mayor shall nevertheless be a de facto
officer
of such the proposed city , until a mayor for such the
proposed
city is elected and qualified pursuant to a charter of
which
the electors have approved. , and the The mayor so elected
shall, after the lapse of 10 days within which petitions for the
selection
of a new charter commission may be filed, as hereinafter
stated,
if such the petition
has not been filed with him or
her, by
notice,
require the said charter commission to reconvene and within
90
days after such the notice provide such any revision,
amendment,
or amendments to the original draft of the charter previously
prepared
by them as to them shall seem fit they consider necessary.
(2) The proposed charter, with such amendment or
amendments,
shall
be resubmitted to the qualified electors of said the proposed
city
in the same manner and with like the same notice and
proceedings as required in the first instance, which proceedings
shall
continue until the qualified electors of said the proposed
city
have, by a majority vote, approved a charter for said the
proposed
city. : Provided, That any such
(3) Any proposed charter, as originally submitted or
resubmitted
with any such amendment or amendments, shall not be
submitted
not to exceed more than 3 times to the qualified electors
of
said the proposed city, and if rejected 3 times, or in the
event
that
no a charter is or has been not adopted
by the electors of
said
the proposed city during a period of 2 3 years
following the
election
on the question of the incorporation of said the proposed
city,
the township clerk of the township in which said the proposed
city is located, or of that township having the largest portion of
the
population thereof, shall certify such that fact to the
secretary of state and to the county clerk, register of deeds, and
circuit
court of the county in which said the proposed city is
located. ,
and the The territory of said the proposed
city shall
thereupon revert to the status existing prior to the filing of the
petition
required by section 6, of this act, and the office of each
charter commissioner and de facto officer of the proposed city
shall
terminate and cease to exist. , and any Any sum of moneys
money
deposited with the county clerk
according to section 6 of
this
act shall be paid by the county
clerk into the general fund of
the county.