December 2, 2014, Introduced by Rep. Schor and referred to the Committee on Local Government.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending sections 3, 4g, 5, 5e, 10, and 15 (MCL 117.3, 117.4g,
117.5, 117.5e, 117.10, and 117.15), section 3 as amended by 2012 PA
7 and section 5 as amended by 2011 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. Each city charter shall provide for all of the
following:
(a) The election of a mayor, who shall be the chief executive
officer of the city, and of a body vested with legislative power,
and for the election or appointment of a clerk, a treasurer, an
assessor or board of assessors, a board of review, and other
officers considered necessary. The city charter may provide for the
selection of the mayor by the legislative body. Elections may be by
a partisan, nonpartisan, or preferential ballot, or by any other
legal method of voting. Notwithstanding another law or charter
provision to the contrary, a city having a 1970 official population
of more than 150,000, whose charter provides for terms of office of
less than 4 years, and in which the term of office for the mayor
and the governing body are of the same length, may provide by
ordinance for a term of office of up to 4 years for mayor and other
elected city officials. The ordinance shall provide that the
ordinance shall take effect 60 days after it is enacted unless
within the 60 days a petition is submitted to the city clerk signed
by not less than 10% of the registered electors of the city
requesting that the question of approval of the ordinance be
submitted to the electors at the next regular election or a special
election called for the purpose of approving or disapproving the
ordinance.
(b) The nomination of elective officers by partisan or
nonpartisan primary, by petition, or by convention.
(c) The time, manner, and means of holding elections and the
registration of electors, subject to section 26 and other
applicable requirements of law.
(d) The qualifications, duties, and compensation of the city's
officers. If the city has an appointed chief administrative
officer, the legislative body of the city may enter into an
employment contract with the chief administrative officer extending
beyond the terms of the members of the legislative body unless the
employment contract is prohibited by the city charter. An
employment contract with a chief administrative officer shall be in
writing and shall specify the compensation to be paid to the chief
administrative officer, any procedure for changing the
compensation, any fringe benefits, and other conditions of
employment. The contract shall state if the chief administrative
officer serves at the pleasure of the legislative body, and the
contract may provide for severance pay or other benefits in the
event the chief administrative officer's employment is terminated
at the pleasure of the legislative body.
(e) The establishment of 1 or more wards, and if the members
of the city's legislative body are chosen by wards, for equal
representation for each ward in the legislative body.
(f) That the subjects of taxation for municipal purposes are
the same as for state, county, and school purposes under the
general law.
(g) The annual laying and collecting taxes in a sum, except as
otherwise provided by law, not to exceed 2% of the taxable value of
the real and personal property in the city. Unless the charter
provides for a different tax rate limitation, the governing body of
a city may levy and collect taxes for municipal purposes in a sum
not to exceed 1% of the taxable value of the real and personal
property in the city. As used in this subdivision, "taxable value"
is that value determined under section 27a of the general property
tax act, 1893 PA 206, MCL 211.27a.
(h) An annual appropriation of money for municipal purposes.
(i) The levy, collection, and return of state, county, and
school taxes in conformance with the general laws of this state,
except that the preparation of the assessment roll, the meeting of
the board of review, and the confirmation of the assessment roll
may be at the times provided in the city charter.
(j) The public peace and health and for the safety of persons
and property. In providing for the public peace, health, and
safety, a city may expend funds or enter into contracts with a
private organization, the federal or state government, a county,
village, or township, or another city for services considered
necessary by the legislative body. Public peace, health, and safety
services may include the operation of child guidance and community
mental health clinics, the prevention, counseling, and treatment of
developmental disabilities, the prevention of drug abuse, and the
counseling and treatment of drug abusers.
(k)
Adopting, Before January
1, 2015, adopting, continuing,
amending, and repealing the city ordinances and for the publication
of
each ordinance before it becomes operative. Whether Before
January 1, 2015, whether or not provided in its charter, instead of
publishing a true copy of an ordinance before it becomes operative,
the
city may publish a summary of the ordinance. If Before January
1, 2015, if the city publishes a summary of the ordinance, the city
shall include in the publication the designation of a location in
the city where a true copy of the ordinance can be inspected or
obtained. Beginning January 1, 2015, each city charter shall
provide for adopting, continuing, amending, and repealing the city
ordinances and for providing tier B public notice with a link of
each ordinance before it becomes operative as set forth in the
local government public notice act. A charter provision to the
contrary notwithstanding, a city may adopt an ordinance punishable
by imprisonment for not more than 93 days or a fine of not more
than $500.00, or both, if the violation substantially corresponds
to a violation of state law that is a misdemeanor for which the
maximum period of imprisonment is 93 days. Whether or not provided
in its charter, a city may adopt a provision of a state statute for
which the maximum period of imprisonment is 93 days or the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923. Except as
otherwise provided under the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, a
city may adopt a law, code, or rule that has been promulgated and
adopted by an authorized agency of this state pertaining to fire,
fire hazards, fire prevention, or fire waste, and a fire prevention
code, plumbing code, heating code, electrical code, building code,
refrigeration machinery code, piping code, boiler code, boiler
operation code, elevator machinery code, an international property
maintenance code, or a code pertaining to flammable liquids and
gases or hazardous chemicals, that has been promulgated or adopted
by this state, by a department, board, or other agency of this
state, or by an organization or association that is organized and
conducted for the purpose of developing the code, by reference to
the law, code, or rule in an adopting ordinance and without
publishing or posting the law, code, or rule in full. The law,
code, or rule shall be clearly identified in the ordinance and its
purpose shall be published or posted with the adopting ordinance.
Printed copies of the law, code, or rule shall be kept in the
office of the city clerk, available for inspection by, and
distribution to, the public at all times. The publication or
posting shall contain a notice stating that a complete copy of the
law, code, or rule is made available to the public at the office of
the city clerk in compliance with state law requiring that records
of public bodies be made available to the general public. Except as
otherwise provided in this subdivision, a city shall not enforce a
provision adopted by reference for which the maximum period of
imprisonment is greater than 93 days. A city may adopt section
625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625,
by reference in an adopting ordinance and shall provide that a
violation of that ordinance is punishable by 1 or more of the
following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 180 days.
(iii) A fine of not less than $200.00 or more than $700.00.
(l) That the business of the legislative body shall be
conducted at a public meeting held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275. All records of the
municipality shall be made available to the general public in
compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(m) Keeping in the English language a written or printed
journal of each session of the legislative body.
(n) A system of accounts that conforms to a uniform system of
accounts as required by law.
Sec.
4-g. 4g. Each city may in its charter provide:
(1) For the acquisition by construction, condemnation, or
purchase and for the ownership, equipment, possession, leasing,
operation, and maintenance of a rapid transit system consisting of
a tunnel, subway, surface, or elevated system, or any combination
and
qualification of these, in and through said the city,
and for a
distance of not more than 10 miles beyond its limits, for the
purpose of furnishing transportation facilities to the municipality
and
to the people thereof; of
the municipality; for the preparation
and
publication of plans for such the
construction, equipment, and
maintenance in accordance with charter provisions adopted
hereunder;
under this section; for the operation of such the
facilities independently or in connection with other transportation
facilities, or a transportation system, owned, operated, or
controlled
by such the city or existing therein, in the city, or in
the
territory in which any such the
rapid transit system is
established;
for the appropriate designation of such the
facilities; for the taking of the fee of or easement or right of
way on, under, above, and through any property for the purposes
thereof, by gift, grant, and purchase, and by condemnation
proceedings
in accordance with any law of the this state of
Michigan
providing therefor; and for the
management of such the
facilities , for the purposes for which the same are or may be
acquired or constructed. Provision may also be made for the
execution of contracts incidental to the carrying out of the
purposes
hereby contemplated. In the event that If property
is
taken
by condemnation under any statute, pertaining thereto, the
actual
benefits accruing to or received by a remainder of any such
that parcel on account of the construction of the improvement shall
be taken into account in determining the damages to be awarded by
way
of compensation to the owner or owners of such the property.
The charter shall also provide for the proper financing of the
acquisition
and construction of any such rapid
transit system and
facilities by direct taxation, special assessments on the basis of
benefits actually and exclusively received by property affected by
any
such improvement, or by borrowing money and issuing bonds or
other evidence of indebtedness therefor, or by a combination of
such
these methods; and for the defraying of the cost of
maintenance,
operation, and management of such these facilities
and
for payment of interest on and a sinking fund to retire any bonds
issued under this subsection, from the revenues received as a
result
of the operation thereof of
the rapid transit system by the
city. Bonds executed and sold for the purpose of raising money to
cover
the cost of such the acquisition and construction may be
issued on the faith and credit of the city or same may be secured
by mortgage on the property and revenues of the utility established
pursuant
hereto. under this section. The aggregate amount of bonds
issued on the faith and credit of the city under this subsection
shall
not exceed 2 per cent 2% of the assessed valuation of the
taxable
property within said the city for the preceding fiscal
year; and in computing the total indebtedness of the city for the
purpose of determining whether any other limitation prescribed by
law
has been exceeded, such the
bonds shall not be included. Except
as
is in this subsection otherwise specifically provided in this
subsection, all bonds issued by a city for the purposes hereby
contemplated
shall be are subject to the restrictions and
conditions
prescribed in section 4-a of this act. In case 4a. If a
provision is made in the charter for raising money by direct
taxation
for the purposes hereof, of
this section, the amount of
such
the tax levied and assessed in any year shall not exceed
1/6
of
1 per cent 1% of the assessed valuation of the city for such
that year; and the amount of any such tax shall not be subject to
any
other limitations prescribed by law
, or considered in
determining
whether any such limitation has been exceeded. In no
case
shall Not more than 60 per cent 60% of
the total estimated
cost
of acquiring or constructing any such rapid transit system or
portion
of extension thereof, of
any rapid transit system shall be
raised
by direct taxation, and by the issuance of issuing bonds
on
the faith and credit of the city. As incidental to the authority
hereby granted, provision may be made in any city charter for the
exercise of powers incidental to the accomplishment of the purposes
hereof,
of this section, and reasonably calculated and designed to
facilitate the furnishing of adequate transportation facilities by
the
means aforesaid provided
in this section to the municipality
and
the people thereof. No of
the municipality. Before January 1,
2015, a charter amendment or amendments, contemplating and
providing for the exercise of the powers referred to in this
subsection, shall not be submitted to a vote of the electors unless
and
until the same shall charter
amendment or amendments have been
published pursuant to the direction of the legislative body of the
city , in at least 1 newspaper having a general circulation
in such
the city at least once each week for 3 weeks in succession during
the
30-day period immediately preceding before the date of the
election. ;
and no Beginning January 1,
2015, a charter amendment
or amendments, contemplating and providing for the exercise of the
powers referred to in this subsection, shall not be submitted to a
vote of the electors unless and until tier A public notice with a
link of the charter amendment or amendments is provided as set
forth in the local government public notice act during the 30-day
period immediately before the date of the election. A plan for
construction and operation of any rapid transit system shall not be
put
into effect unless the same plan
shall first have been
submitted to the qualified electors of the city and approved
thereby.
Such by the electors of the
city. The submission of the
plan
shall be made subsequent to after
the enactment of said the
charter amendments either at a general election or a special
election called for that purpose by the legislative body of the
city.
Such Before January 1,
2015, the contemplated plan shall,
before
its submission, and as a condition prerequisite thereto, to
its submission, be published once each week for 6 weeks in
succession in some daily newspaper having a general circulation
within
the city, during the 60-day period immediately preceding
before
the date of submission to the electors. ;
and the Beginning
January 1, 2015, during the 60-day period immediately before the
date of submission to the electors, tier A public notice with a
link of the contemplated plan shall, before its submission, and as
a condition prerequisite to its submission, be provided as set
forth in the local government public notice act. The contemplated
plan
as so published or posted shall specify the route or routes of
the proposed rapid transit system, the type of construction
proposed
for the various sections or parts thereof, of the proposed
rapid transit system, the method or methods for financing the
improvement, the order in which the various sections or parts are
to be constructed or acquired, the system of management to be
adopted, the estimated cost of the various sections or parts of the
system,
and such any other matters as the legislative body of the
city
shall require: Provided, however, That requires. However, the
financial
plan so submitted shall not permit special assessments
against any property in excess of actual benefits, meaning
increased
value, accruing exclusively as a result of said the
improvement;
and the payment of such special assessments made under
this
subsection , shall
be prorated over a period of not less than
10 years.
(2) For negotiating, executing, and performing contracts with
any other municipality or municipalities, duly authorized and
empowered to that end, with reference to the construction,
equipment, operation, maintenance, and management of a rapid
transit system and facilities, and for the financing of any
obligations,
assumed under or imposed by any such contract. The
grants,
limitations, and restrictions set forth in the preceding
subsection
of this section shall be deemed subsection
(1) are
considered
applicable to , and shall be observed in the adoption of
,
charter provisions and amendments hereunder
under this section
and
in the exercise of the authority hereby granted.
Sec. 5. (1) A city does not have power to do any of the
following:
(a) To increase the rate of taxation now fixed by law, unless
the authority to do so is given by a majority of the electors of
the city voting at the election at which the proposition is
submitted, but the increase in any case shall not be in an amount
as to cause the rate to exceed 2%, except as provided by law, of
the assessed value of the real and personal property in the city.
(b) To submit to the electors a charter more often than once
in every 2 years, nor unless the charter is filed with the city
clerk 60 days before the election, but this provision shall not
apply to the submission and resubmission of charters of cities that
may be incorporated under this act until they shall have first
adopted a charter. Where a city submits to the electors a charter
and the charter is adopted by the electors, and the city has
operated under the charter, which charter has not, at the time it
is adopted, been on file with the city clerk 60 days, then the
legislative body of the city, upon its giving the notice of
election as provided in the charter, may resubmit to the electors,
at a special or general election, the charter, which, if adopted by
the electors, shall be considered operative and effective as of the
date of the first submission and adoption. The charter shall not be
resubmitted unless 60 days have elapsed between the date of the
filing of the charter and the date of the election at which the
charter is resubmitted.
(c) To call more than 2 special elections within 1 year. This
prohibition does not apply to elections that may be held in the
submission and resubmission of charters of cities that may be
incorporated under this act until they have first adopted a
charter, and does not apply to elections that may be held in the
resubmission of a charter once adopted as provided in subdivision
(b).
(d) To decrease the salary of a municipal judge after his or
her election or appointment, or during the judge's term of office,
notwithstanding any charter provision to the contrary. The term of
a public official shall not be shortened or extended beyond the
period for which the official is elected or appointed, unless he or
she resigns or is removed for cause, if the office is held for a
fixed term.
(e) To adopt a charter or an amendment to the charter unless
approved by a majority of the electors voting on the question; to
sell a park, cemetery, or any part of a park or cemetery, except
where the park is not required under an official master plan of the
city; to engage in a business enterprise requiring an investment of
money in excess of 10 cents per capita; or to authorize an issue of
bonds except bonds issued in anticipation of the collection of
taxes actually levied and uncollected or for which an appropriation
has been made; bonds that the city is authorized by its charter to
issue as part of its budget system, to an amount that in any year,
together with the taxes levied for the same year, will not exceed
the limit of taxation authorized by law; special assessment bonds;
bonds for the city's portion of local improvements; refunding
bonds; emergency bonds as defined by this act; and bonds that the
legislative body is authorized by specific statute to issue without
vote of the electors, unless approved by a majority of the electors
voting on the question at a general or special election. In
addition, a city that now has, or may subsequently have, a
population of 750,000 persons or more may issue bonds, upon
resolution of its governing body, without prior approval of the
electors, which the city is authorized by its charter to issue as
part of its budget system, to an amount that in any year, together
with the ad valorem taxes levied for the same year, exclusive of
debt service taxes or taxes levied pursuant to other laws, will not
exceed 2-1/2% of the assessed value of the real and personal
property in the city, this limitation to supersede and take the
place of any contrary language in any existing city charter. For
the purposes of this subdivision only, the assessed value of real
and personal property in any city shall include the assessed value
equivalent of money received during the city's fiscal year under
the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL
141.901 to 141.921. The assessed value equivalent shall be
calculated by dividing the money received by the city's millage
rate for the fiscal year. Notwithstanding the former provisions of
this subdivision requiring approval by 3/5 of the electors voting
on the question as a prerequisite to the exercise of certain
powers, these powers may be exercised if approved by a majority of
the electors voting on the question at a general or special
election held on or after April 1, 1966.
(f) To make a contract with, or give an official position to,
one who is in default to the city.
(g) To issue bonds without providing a sinking fund to pay
them at maturity, except as provided in section 4g(1), but sinking
funds shall not be required in the case of serial bonds that fall
due
annually. Bonds, Before
January 1, 2015, bonds, whether
authorized under this act or any other act, except refunding bonds,
revenue bonds, motor vehicle highway fund bonds, rehabilitation
bonds, judgment bonds, bonds or other obligations issued to fund an
operating deficit of a city, bonds or other obligations to pay
premiums or to establish funds to self-insure for losses as
authorized by the revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821, bonds the issuance of which has been approved
by the voters, and bonds issued to comply with an order of a court
of competent jurisdiction shall not be issued by a city unless
notice of the issuance of the bonds is published once in a
newspaper of general circulation in the city at least 45 days
before
the issuance of issuing the bonds, within which period a
petition may be filed with the legislative body signed by not less
than 10% or 15,000 of the registered electors in the city,
whichever is less, in which event the legislative body shall submit
the
question of the issuance of issuing
the bonds to the electors
of
the city , at a
regular or special election in the city.
Beginning January 1, 2015, bonds, whether authorized under this act
or any other act, except refunding bonds, revenue bonds, motor
vehicle highway fund bonds, rehabilitation bonds, judgment bonds,
bonds or other obligations issued to fund an operating deficit of a
city, bonds or other obligations to pay premiums or to establish
funds to self-insure for losses as authorized by the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, bonds
the issuance of which has been approved by the voters, and bonds
issued to comply with an order of a court of competent jurisdiction
shall not be issued by a city unless tier A public notice of the
issuance of the bonds is provided as set forth in the local
government public notice act at least 45 days before issuing the
bonds, within which period a petition may be filed with the
legislative body signed by not less than 10% or 15,000 of the
registered electors in the city, whichever is less, in which event
the legislative body shall submit the question of issuing the bonds
to the electors of the city at a regular or special election in the
city. The bonds shall not be issued unless a majority vote of the
electors voting on the issuance vote in favor of issuing the bonds.
The notice of intent to issue bonds shall state the maximum amount
of the bond issue, the purpose of the bond issuance, source of
payment, right of referendum on the issuance of the bonds, and
other information as the legislative body determines to be
necessary to adequately inform the electors and all other
interested persons of the nature of the issue and of their rights
with respect to the issue.
(h) To repudiate a debt by a change in its charter or by
consolidation with any other municipality.
(i) To submit a franchise to the electors at a special
election, unless the expense of holding the election, as determined
by the legislative body, is paid in advance to the city treasurer
by the grantee in the franchise.
(2)
Beginning on the effective date of the amendatory act that
added
this subsection, September
13, 2011, a city shall not adopt a
city charter or ordinance that includes any minimum staffing
requirement
for city employees. Except as otherwise provided in
this
subsection, any Any provision in a city charter or ordinance
adopted
on or after the effective date of the amendatory act that
added
this subsection September 13,
2011 that contains a minimum
staffing requirement for city employees is void and unenforceable.
Sec. 5e. A municipal water or sewage system established by a
city
incorporated under this act which that serves more than 40% of
the population of the state shall:
(a) Be audited annually by an independent auditor designated
by
the legislative auditor general. No A charter provision shall
not require an annual local audit for the same period. The auditor
shall be paid by the system. The results of the annual audit shall
be
made available to the public in compliance with Act No. 442 of
the
Public Acts of 1976, being sections 15.231 to 15.246 of the
Michigan
Compiled Laws. the freedom of
information act, 1976 PA
442, MCL 15.231 to 15.246. The annual audit shall be submitted to
the governing body of each city, village, or township served by the
system and to the legislature before December 1 of each year. Each
city, village, or township served by the system shall be audited
annually by an independent auditor. The auditor shall be paid by
that city, village, or township served by the system. The results
shall be made available to the public.
(b) Hold at least 1 public hearing at least 120 days before a
proposed rate increase is scheduled to take effect. Each hearing
shall
be conducted in compliance with Act No. 267 of the Public
Acts
of 1976, being sections 15.261 to 15.275 of the Michigan
Compiled
Laws. the open meetings act,
1976 PA 267, MCL 15.261 to
15.275. Notice of the time, date, and place of each hearing shall
be
given in the manner required by Act No. 267 of the Public Acts
of
1976, the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
Before January 1, 2015, notice of the time, date, and place of each
hearing shall be prominently printed in a daily newspaper of
general circulation within the area, and shall be mailed to each
city, village, or township served by the system not less than 30
days before each hearing. Beginning January 1, 2015, tier A public
notice of the time, date, and place of each hearing shall be
provided as set forth in the local government public notice act,
and notice of the time, date, and place of each hearing shall be
mailed to each city, village, or township served by the system not
less than 30 days before each hearing. A final vote by the
governing body of the city to implement a proposed rate increase
shall not be taken until the hearings provided for in this
subdivision are concluded and the results of those hearings are
considered by the city's governing body. This section shall not be
construed to impair the obligations of a contract. A city shall not
be required to hold a public hearing before the establishment of a
water
or sewer rate which that is necessary for debt retirement
under outstanding bond obligations.
Sec. 10. The county clerk shall, within 3 days after the
passage
of the resolution provided for in section 8, of this act,
transmit
a certified copy of said the
petition and of such the
resolution to the clerk of each city, village, or township in the
district to be affected by the proposed incorporation,
consolidation, or
change. , and it shall be Before January 1, 2015,
it
is the duty of each of said the city,
village, and township
clerks to give notice of the date and purpose of the election
provided
for by said the resolution by publication in 1 or more
newspapers
published within said the district at least once in each
week
for 4 weeks preceding said before
the election, and by posting
a
like notice in at least 10 public places in said the district
not
less
than 10 days prior to such before
the election. Beginning
January 1, 2015, it is the duty of each of the city, village, and
township clerks to give tier A public notice of the date and
purpose of the election provided for by the resolution as set forth
in the local government public notice act.
Sec. 15. (1) At an election on the question of the intent to
incorporate a new city, or to make a consolidation permitted by
this act, each elector residing within its proposed territorial
limits shall be entitled to vote for 9 electors, residing in the
territory which it is proposed to incorporate or consolidate, as
members of a charter commission, and the notices required by
section 10 shall include notice of the election of those electors.
The ballot shall be prepared by the clerk of the county in which
the territory is located or if located in more than 1 county, then
by the clerk of the county in which the greater portion of the
territory is located. The expense of the ballot preparation is to
be borne by that county. If the proposed city is incorporated as
provided in this act, the county shall be reimbursed by the city at
the time the charter is filed. The county clerk shall prepare the
ballot
to be used at the election pursuant to the general election
laws
of the state Michigan
election law, 1954 PA 116, MCL 168.1 to
168.992, as follows:
"For city incorporation. Yes( )
For city incorporation. No ( )".
Or, if the proposition be to consolidate, the ballot shall be
as follows:
"For consolidating (naming entities) into 1 city. Yes( )
For consolidating (naming entities) into 1 city. No ( )".
(2) The county clerk shall also prepare a separate ballot and
place on the ballot, without party designation, under the heading,
candidates for members of the charter commission, the names of the
electors having the qualifications required by this act for a
member
of the charter commission , who
file a petition signed by 20
qualified electors residing in the territory proposed to be
incorporated , asking that their names be placed on the ballot. For
a consolidation, the electors of each city, village, township, or
part of a township, proposed to be consolidated shall vote for and
elect the number of the 9 members of the charter commission as
shall be substantially in proportion to the number of registered
electors of the city, village, township, or part of a township,
according to the registration rolls of the last regular state,
city, or village election held in the city, village, township, or
part of a township, but the number to be elected in a city,
village, or township shall not be less than 1. The county board of
commissioners or the secretary of state shall determine and
prescribe the number of members of the charter commission to be
elected from each city, village, township, or part of a township in
the case of a consolidation, pursuant to this subsection. The
position of the names of the candidates upon the ballots shall be
interchanged
as provided in the general primary election law of
this
state. Michigan election law,
1954 PA 116, MCL 168.1 to
168.992. The ballot shall also bear instructions directing that not
more than 9 candidates shall be voted for or, if the proposition is
to consolidate, the ballot for members of the charter commission in
each city, village, township, or part of a township, proposed to be
consolidated shall bear instructions directing that not more than
the number of candidates determined by the county board of
commissioners or the secretary of state to be elected in the city,
village, township, or part of a township shall be voted for. On the
vote being canvassed on the question of the intent to incorporate
or consolidate, if the result is determined to be in favor of the
intent to incorporate or consolidate, the board of canvassers shall
canvass
the votes cast for members of the commission , and certify
the election of the 9 persons receiving the highest number of votes
cast. The elected members of the commission shall take the
constitutional
oath of office , and
may fill vacancies in their
membership. Five members shall constitute a quorum.
(3) The charter commission shall convene within 10 days after
election and frame a charter for the proposed city within 90 days
after
the meeting. The business which that
the charter commission
may perform shall be conducted at a public meeting of the
commission
held in compliance with Act No. 267 of the Public Acts
of
1976. the open meetings act,
1976 PA 267, MCL 15.261 to 15.275.
Notice of the time, place, and date of the meeting shall be given
in
the manner required by Act No. 267 of the Public Acts of 1976.
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The
charter commission shall choose its own officers, determine the
rules of its proceedings, and keep a journal. A roll call of its
members on a question shall be entered on the journal at the
request of any member. The commission shall provide the manner of
nominating the candidates for the first elective officers provided
in the proposed charter. The commission shall fix the date of the
first city election, and do and provide other things necessary for
making the nominations and holding the election. The election may
be held at a special election or on the same date as a general
election.
The Before January 1,
2015, the commission shall publish
the proposed charter in 1 or more newspapers published in the
proposed city, at least once, not less than 2 weeks and not more
than
4 weeks preceding before the election, together with a notice
of
the election. , and that on the date fixed for the election the
question
of adopting the proposed charter will be voted on, and
that
the elective officers provided for in the charter will be
elected
on the same date. Notice Before
January 1, 2015, notice of
the election shall also be posted in at least 10 public places
within the proposed city not less than 10 days before the election.
Beginning January 1, 2015, not less than 2 weeks and not more than
4 weeks before the election, tier A public notice of the proposed
charter, together with a notice of the election, shall be provided
by the commission as set forth in the local government public
notice act. The commission shall provide for 1 or more polling
places
for the election, and shall
give similar notice of their
location as is given of the election, and shall appoint the
inspectors of the election. On the date fixed for the election, the
question of adopting the proposed charter will be voted on and the
elective officers provided for in the charter will be elected on
the same date. The results of the election shall be canvassed by
the county board of canvassers.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.