Bill Text: MI HB4122 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Elections; other; metropolitan district elections; revise. Amends secs. 3, 4, 7, 9, 9b & 13 of 1929 PA 312 (MCL 119.3 et seq.) & adds secs. 2a, 17a & 17b. TIE BAR WITH: HB 4121'11
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 587'12 With Immediate Effect 2012 Addenda [HB4122 Detail]
Download: Michigan-2011-HB4122-Introduced.html
HOUSE BILL No. 4122
January 20, 2011, Introduced by Rep. Hammel and referred to the Committee on Redistricting and Elections.
A bill to amend 1929 PA 312, entitled
"The metropolitan district act,"
by amending sections 3, 4, 7, 9, and 13 (MCL 119.3, 119.4, 119.7,
119.9, and 119.13), section 4 as amended by 2002 PA 410, and by
adding section 2a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. Notwithstanding any law or charter provision to the
contrary, beginning on the effective date of the amendatory act
that added this section, all elections in a metropolitan district
shall be administered and conducted under the provisions of the
Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, and all
elections in the metropolitan district shall be held on a regular
election date as established under section 641 of the Michigan
election law, 1954 PA 116, MCL 168.641.
Sec. 3. Any district incorporated under the provisions of this
act shall in its charter provide:
(a)
For the nomination, election or appointment of all
district officers, including the term of office for all district
officers. Nominations and elections may be made in any
manner not
inconsistent
with law and as the charter of any district may
prescribe.
(b)
For the qualifications, duties and compensation of its
officers;
for the time, manner and means of holding elections and
the
registration of electors; for the
keeping in the English
language a written or printed journal of every session of the
legislative body, which records shall be public; for publication of
ordinances before they become effective; for adopting, continuing,
amending, or repealing of ordinances; for a system of accounts
which
shall conform conforms to any uniform system required by law;
for the levy, collection, and return of taxes for district
purposes; and for the annual appropriation of money for district
purposes. :
Provided, All taxes and
appropriations shall be levied,
collected, and returned through the proper assessing and taxation
officer or officers of each city, village, or township or parts of
same
comprising said the metropolitan district in the same manner
as near as may be that other city, village, or township taxes are
levied, collected, and returned. The district legislative body or
other
officer or officers charged with such the duty shall
ascertain the total taxes or appropriation required for any year
and
shall thereupon certify to the proper assessing officer or
officers of the city, village, or township or parts of same
comprising
said the district its proportionate share thereof based
upon the ratio that the total assessed valuation of each respective
city, village, or township, or parts of same, bears to the total
assessed
value of all property real and personal in said the entire
district
according to the last assessment in each of said the
respective
units. Such The sum so certified shall be a direct
obligation of each city, village, or township or part of same and
shall be paid to the metropolitan district on or before the next
tax
payment period. Said The sum shall be levied, collected, and
returned by each city, village, or township in the same manner as
other general taxes.
(c) For a sinking fund as provided by any general law
applicable to cities.
(d) That the subjects of taxation for district purposes shall
be the same as for state, county, and school purposes under the
general
law. : Provided, however, That However, the
provisions of
this section as to taxes and the levy, collection, and return
thereof
of the taxes shall not apply to or be required in the
charter of any metropolitan district incorporated for the purpose
of the purchase, acquisition, or construction of any project or
projects, or improving, enlarging, extending, or repairing thereof,
authorized
under the provisions of Act No. 94 of the Public Acts of
1933,
as amended, the revenue bond
act of 1933, 1933 PA 94, MCL
141.101
to 141.140, but said the charter
shall contain provisions
relative
to the issuance of revenue bonds as in said the act
provided.
Sec. 4. Each district incorporated under the provisions of
this act may provide in its charter for 1 or more of the following:
(a) For annually levying and collecting taxes in a sum not to
exceed 1/2 of 1% of the assessed value of all real and personal
property in the district.
(b) For borrowing money on the credit of the district in a sum
not to exceed 2% of the assessed value of all real and personal
property in the district for the purpose of acquiring, owning,
purchasing, constructing, maintaining, or operating parks or public
utilities, for supplying sewage disposal, drainage, water, or
transportation, or any combination of these. A district may borrow
money and issue bonds for any of the purposes described in this
subdivision that will impose no liability upon the district but may
be paid and secured only by special assessment levied against each
parcel for the particular public improvement and for the payment of
the bonds that are issued. A district incorporated under the
provisions of this act, may, for the purpose of acquiring, owning,
purchasing, constructing, or operating any public utility described
in this subdivision, issue mortgage bonds that may be issued beyond
the general limit of bonded indebtedness prescribed by this act. A
mortgage bond issued beyond the general limits of bonded
indebtedness shall not impose any liability upon the district but
shall be secured only upon the property and revenues of the public
utility, including the franchise, stating the terms upon which, in
case of foreclosure, the purchaser may operate the public utility,
which franchise shall in no case extend for a longer period than 20
years from the date of the sale of the utility and franchise on
foreclosure. A mortgage bond shall be sold for not less than par,
bear interest at a rate not in excess of 6%, and the total amount
shall not exceed 60% of the original cost of the utility. The
charter of any district shall provide for the creation of a sinking
fund by setting aside a percentage of the gross or net earnings of
the public utility as may be deemed sufficient for the payment of
the mortgage bonds at maturity.
(c) For a lien on any property and for taxes for the payment
of any bonds issued or for the cost and expense of making any
improvement described in this section.
(d) For laying and collecting rents, tolls and excises.
(e) For a special assessment district to provide for the cost
and expense of any park or public utility, or combination of a park
and public utility, as provided in this section.
(f) For the purchase or condemnation of the franchises, if any
exist, and of the property used in the operation of companies or
individuals engaged in or operating public utilities for supplying
sewage disposal, drainage, water, or transportation, or any
combination of these. Each district may in its charter provide that
it may make a contract upon the terms, including terms of present
or deferred payment and upon the conditions and in the manner as
the district may consider proper, to purchase, operate, and
maintain any existing public utility property for supplying sewage
disposal, drainage, water, or transportation, or any combination of
these within or without its limits. If without its limits, the
purchase must be incidental to the operation and maintenance of the
public utility. A contract shall not bind the district unless the
proposition on the contract shall receive the affirmative vote of
3/5 of the electors voting on the proposition at a regular or
special election. In the event of any such purchase, the charter
amendment and the contract to purchase shall provide for the
creation of a sinking fund, into which shall be paid from time to
time, from the earnings of the utility, sums sufficient to insure
the payment of the purchase price and the performance of the
obligations of the contract to the end that the entire cost of the
public utility shall eventually be paid from its earnings. The
powers in this subdivision are in addition to the other powers
provided for in this act, and the exercise of these powers shall
not impair or affect the right to exercise any other powers.
(g) For the purchase, gift, or condemnation of private
property for any public use or purpose provided for and within the
scope of its power. If by condemnation, the provisions of 1911 PA
149, MCL 213.21 to 213.25, or other appropriate provisions may be
adopted and used for the purpose of instituting and prosecuting
condemnation proceedings.
(h) For the initiative and referendum on all matters within
the
scope of its powers. and for the recall of all its officials.
(i) For altering, amending, or repealing any charter affecting
the district.
(j) For the enforcement of all local, police, sanitary, and
other regulations as are not in conflict with the general laws of
this state.
(k) For a system of civil service.
(l) For the exercise of all district powers in the management
and control of district property and in the administration of
metropolitan district government, whether the powers are expressly
enumerated or not. For any act to advance the interest of the
district and the good government and prosperity of the district and
to pass all laws and ordinances relating to its concerns subject to
the constitution and general laws of this state. The power to
acquire a rapid transit system is expressly conferred by this act,
which may consist of a tunnel, subway, surface, or elevated system,
or any combination of these. A rapid transit system shall be
considered to be transportation within the meaning of this act and
the provisions relating to other public utilities shall also apply.
(m) A revenue bond issued under this act is subject to the
revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140. All
bonds issued under this act, other than revenue bonds, are subject
to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821.
Sec. 7. The charter commission shall proceed to adopt a name
for
said the district and frame a charter for said the district
as
soon
thereafter as practicable. It The
commission shall determine
the rules of its proceedings and keep a journal. A roll call of its
members on any question shall be entered on the journal at the
request
of any member. It shall provide the manner of nominating
the
candidates for the first elective officers, if any, provided in
the
proposed charter. It The
commission shall fix the date of the
first
district election. and do and provide all other things
necessary
for making such nominations and holding such elections.
Such
election may be held on the same date as a general, special or
primary
election. It The first
district election shall be held on a
regular election date as established under section 641 of the
Michigan election law, 1954 PA 116, MCL 168.641. The commission
shall
publish such the proposed charter in 1 or more newspapers
published
in said the district at least once and not less than 2
weeks
and not more than 4 weeks preceding said before the election,
together
with a notice of said the election, and that on the date
fixed
therefor for the election the question of adopting such the
proposed charter will be voted on, and that the elective officers
provided for therein will be elected on the same date. Notice of
such
the election shall also be posted in at least 10 public
places
within
each city, village, or township in said the proposed
district
not less than 10 days prior to such before the election.
Said
commission shall provide for polling places for said election
and
all other election requirements through the regularly
constituted
officers for conducting elections in each city, village
and
township who shall appoint the inspectors of said election and
the
canvassing board of 3 electors to canvass the votes at such
election
and shall conduct said elections as near as may be in the
manner
of any regular election. Said The
commission shall have
authority
to study the area proposed to be included in said the
metropolitan district and submit recommendations to the legislative
bodies of any city, village, or township to amend its original
resolution
in regards to same. Said The
charter shall state with
certainty the territory proposed to be included.
Sec. 9. Except as provided in section 9a, a metropolitan
district
charter passed pursuant to this act may be amended in the
manner
following: as provided in
this section. An amendment may be
proposed by the legislative body of the district on a 3/5 vote of
the
members or by an initiatory petition as provided in this act. ,
and
if If the amendment is proposed by the legislative body of
the
district, then the amendment shall be submitted to the electors of
the
city, village, or township comprising the district as provided
in
this act at the next primary, regular , or special election held
in
the city, village, or township which shall occur district that
occurs
not less than 30 70 days
after the proposal of the
amendment. ,
and if If the amendment is proposed by the initiatory
petition as provided in this act, then the amendment shall be
submitted
to the electors of the city, village, or township
district
as provided in this act at the next primary,
regular , or
special
election held in the district which
shall occur that occurs
not
less than 40 70 days after the filing of the petitions. The
form in which the proposed amendment to a district charter shall be
submitted on the ballot unless provided for in the initiatory
petition shall be determined by resolution by the legislative body,
and when provided for by the initiatory petition, the legislative
body may add that explanatory matter as it considers advisable.
Sec.
13. The initiatory petition herein referred to in this
act shall be addressed to and filed with the secretary or clerk of
the
metropolitan district wherein where
the territory is located.
Such
The petition shall state what the body
or organization, if
any,
or if there is no body or organization, then what the person
or persons who are primarily interested in and responsible for the
circulation
of such the petition or petitions and the securing of
such
the amendment or amendments. Such The petitions
shall be
verified by the affidavit or affidavits of the person or persons
who obtained the signatures and shall be signed by a number of
registered
electors equal to 5 per centum 5%
of the highest vote
cast for the highest elective officer whose vote can be ascertained
at
the last district election. Such The verification shall state
that the petitions were circulated at the request of and pursuant
to the directions of the association, organization, person, or
persons
desiring the said amendment. and The
verification shall
also
state that such the signatures were obtained by the persons so
verifying
said the petition,
; that such the signatures are the
signatures
of the persons purporting to sign the same petition, and
that each of them signed in his or her presence and that the person
verifying
such the petition has good reason to believe and verily
does
believe that the signers obtained thereto are duly qualified
and
registered electors of such the
district and are the identical
persons their signatures purport to be. Within 15 days from the
date
of the receipt of any such initiatory
petition, the secretary
or
clerk shall check over the names on such the petition with the
registration rolls of the territory affected or in some other
proper manner determine whether the petitioners are duly qualified
and registered voters of the district whose charter is to be
affected
by such the amendment.
, and if If it shall
appear appears
that the number of duly qualified and registered electors signing
such
the petition equals or exceeds 5 per centum 5% of
the total
vote cast for the highest elective officer whose vote can be
ascertained at the last district election and in all other respects
conforms to the provisions of this section, he or she shall certify
to
such those facts and report the same to the legislative body of
the
district. If he shall find or
she finds that there are less
than
the required number, he or
she shall report such that fact
to
the legislative body of the district and no further action upon
such
the petitions shall be had. When such petition shall
conform
to
this act, it shall be the duty of the clerk of each city,
village
and township comprising the district within 60 days of the
date
of the filing of such petition to call a special election, the
same
to be held not less than 90 days or more than 100 days after
the
date of filing such petition unless a primary or regular
election
shall occur or a special election shall have been called
for
other purposes to be held within 100 days after the date of the
filing
of such petitions. In that event, the proposal shall be
submitted
at such primary, regular or special election and no
special
election shall be so called. If
the petition conforms to
this act, the legislative body of the metropolitan district shall
submit the ballot question to the metropolitan district electors as
provided in section 389 of the Michigan election law, 1954 PA 116,
MCL 168.389. Other proposals, whether initiated by petition as
hereinbefore
provided in this section, or proposed by the
legislative body, within the times respectively within this act
provided,
may be submitted at such special election. No to the
metropolitan district electors as provided in section 389 of the
Michigan election law, 1954 PA 116, MCL 168.389. A proposal
submitted to the electors by the initiative and receiving an
affirmative
majority of the votes cast thereon in each city,
village
and township comprising said in
the district shall not be
held unconstitutional, invalid, or void on account of the
insufficiency of the petition by which submission of the same was
procured :
Provided, That if each signer of such the initiatory
petition
shall inscribe inscribes upon such the petition
immediately after his or her signature the date of signing and his
or her street address.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4121(request no.
00595'11 a) of the 96th Legislature is enacted into law.
