Bill Text: MI HB4122 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html

HB-4122, As Passed House, February 7, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4122

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1929 PA 312, entitled

 

"The metropolitan district act,"

 

by amending sections 3, 4, 7, 9, 9b, and 13 (MCL 119.3, 119.4,

 

119.7, 119.9, 119.9b, and 119.13), section 4 as amended by 2002 PA

 

410 and section 9b as added by 1998 PA 171, and by adding sections

 

2a, 17a, and 17b.

 

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 county clerk

 

of the county in which the largest number of registered electors of

 

the metropolitan district reside 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 84 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 84 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. 9b. A petition under section 9a, or 13, or 17a, including

 

the circulation and signing of the petition, is subject to section

 

488 of the Michigan election law, 1954 PA 116, MCL 168.488. A

 

person who violates a provision of the Michigan election law, 1954

 

PA 116, MCL 168.1 to 168.992, applicable to a petition described in

 


this section is subject to the penalties prescribed for that

 

violation in the Michigan election law, 1954 PA 116, MCL 168.1 to

 

168.992.

 

     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 14 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 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 district shall be held

 

unconstitutional, invalid or void on account of the insufficiency

 

of the petition by which submission of the same was procured:

 

Provided, That each signer of such initiatory petition shall

 

inscribe upon such petition immediately after his signature the

 

date of signing and his street address.to the metropolitan district

 

electors as provided in section 389 of the Michigan election law,

 

1954 PA 116, MCL 168.389.

 

     Sec. 17a. (1) In addition to the method for dissolving a

 

metropolitan district as provided in section 16, the dissolution of

 

a metropolitan district may be initiated by a petition signed by

 

not less than 5% of the registered electors residing in the

 

metropolitan district. The petition shall be filed with the county

 

clerk of the county in which the largest number of registered

 

electors in the metropolitan district reside as provided in section

 

646a(2) of the Michigan election law, 1954 PA 116, MCL 168.646a.

 

The ballot question proposing the dissolution of the metropolitan

 

district shall be submitted to the electors in the metropolitan

 

district at the next regular election held in the metropolitan

 


district that occurs not less than 84 days after the filing of the

 

petition.

 

     (2) The ballot question language for the proposed dissolution

 

of the metropolitan district shall be in substantially the

 

following form on the ballot:

 

     "Shall the ____________________________________ be dissolved?

 

               (legal name of metropolitan district)

 

     Yes (__)

 

     No  (__).".

 

     (3) If a majority of the electors in the metropolitan district

 

voting at the election approve of the dissolution of the

 

metropolitan district, the metropolitan district shall be dissolved

 

within 2 years after the election as provided in section 17b.

 

     Sec. 17b. (1) If the dissolution of a metropolitan district is

 

approved under section 17a, the legislative body of the

 

metropolitan district is immediately dissolved and the powers and

 

duties of the legislative body of the metropolitan district are

 

transferred to the 5-member board of trustees as provided in

 

subsection (2). In addition, all of the assets and liabilities of

 

the metropolitan district are transferred to the the 5-member board

 

of trustees as provided in subsection (2).

 

     (2) Within 30 days after the election approving of the

 

dissolution of the metropolitan district, the presiding or senior

 

judge of probate of the county in which the largest number of

 

registered electors of the metropolitan district reside, the county

 

clerk of the county in which the largest number of registered

 

electors of the metropolitan district reside, and the prosecuting

 


attorney of the county in which the largest number of registered

 

electors of the metropolitan district reside shall appoint a 5-

 

member board of trustees composed of the following members who

 

shall dissolve the metropolitan district:

 

     (a) Two members who are elected county officers from the

 

county in which the largest number of registered electors of the

 

metropolitan district reside.

 

     (b) Two members who are elected city, township, or village

 

officers from a city, township, or village in the metropolitan

 

district.

 

     (c) One member who is a citizen residing in the metropolitan

 

district.

 

     (3) Within 2 years after the election approving the

 

dissolution of the metropolitan district, the 5-member board of

 

trustees as provided in subsection (2) shall do all of the

 

following in order to dissolve the metropolitan district:

 

     (a) Prepare or cause to be prepared the financial report as

 

described in section 17(1)(b). A copy of the financial report shall

 

be provided to the legislative body of each city, township, and

 

village in the metropolitan district.

 

     (b) Prepare a plan for the disposition of the assets and

 

liabilities of the metropolitan district as provided in section

 

17(2).

 

     (c) Deposit all records of the metropolitan district with the

 

county clerk as provided in section 18.

 

     (d) Notify the governor in writing of the dissolution.

 

     Enacting section 1. This amendatory act does not take effect

 


unless House Bill No. 4121 of the 96th Legislature is enacted into

 

law.

feedback