SENATE BILL No. 1427

November 13, 2000, Introduced by Senators MC MANUS, BENNETT, STEIL and HAMMERSTROM and referred to the Committee on Government Operations.

A bill to amend 1909 PA 279, entitled

"The home rule city act,"

by amending sections 3, 8, 11, 21, 25, and 26 (MCL 117.3, 117.8,

117.11, 117.21, 117.25, and 117.26), section 3 as amended by 1999

PA 260 and section 25 as amended by 1982 PA 200.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. Each city charter shall provide for all of the

2 following:

3 (a) The election of a mayor, who shall be the chief execu-

4 tive officer of the city, and of a body vested with legislative

5 power, and for the election or appointment of a clerk, a treasur-

6 er, an assessor or board of assessors, a board of review, and

7 other officers considered necessary. The city charter may

8 provide for the selection of the mayor by the legislative body.

9 Elections may be by a partisan, nonpartisan, or preferential

00145'99 a CAS

2

1 ballot, or by any other legal method of voting. Notwithstanding

2 any other law or charter provision to the contrary, a city having

3 a 1970 official population of more than 150,000, whose charter

4 provides for terms of office of less than 4 years, and in which

5 the term of office for the mayor and the governing body are of

6 the same length, may provide by ordinance for a term of office of

7 up to 4 years for mayor and other elected city officials. The

8 ordinance shall provide that the ordinance shall take effect 60

9 days after it is enacted unless within the 60 days a petition is

10 submitted to the city clerk signed by not less than 10% of the

11 registered electors of the city requesting that the question of

12 approval of the ordinance be submitted to the electors at the

13 next regular election or a special election called for the pur-

14 pose of approving or disapproving the ordinance.

15 (b) The nomination of elective officers by partisan or non-

16 partisan primary, by petition, or by convention.

17 (c) The time, manner, and means of holding elections and the

18 registration of electors, SUBJECT TO SECTION 26 AND OTHER APPLI-

19 CABLE REQUIREMENTS OF LAW.

20 (d) The qualifications, duties, and compensation of the

21 city's officers. If the city has an appointed chief administra-

22 tive officer, the legislative body of the city may enter into an

23 employment contract with the chief administrative officer extend-

24 ing beyond the terms of the members of the legislative body

25 unless such an employment contract is prohibited by the city

26 charter. An employment contract with a chief administrative

27 officer shall be in writing and shall specify the compensation to

00145'99 a

3

1 be paid to the chief administrative officer, any procedure for

2 changing the compensation, any fringe benefits, and any other

3 conditions of employment. The contract shall state if the chief

4 administrative officer serves at the pleasure of the legislative

5 body, and the contract may provide for severance pay or other

6 benefits in the event the chief administrative officer's employ-

7 ment is terminated at the pleasure of the legislative body.

8 (e) The establishment of 1 or more wards, and if the members

9 of the city's legislative body are chosen by wards, for equal

10 representation for each ward in the legislative body.

11 (f) That the subjects of taxation for municipal purposes are

12 the same as for state, county, and school purposes under the gen-

13 eral law.

14 (g) The annual laying and collecting taxes in a sum, except

15 as otherwise provided by law, not to exceed 2% of the taxable

16 value of the real and personal property in the city. Unless the

17 charter provides for a different tax rate limitation, the govern-

18 ing body of a city may levy and collect taxes for municipal pur-

19 poses in a sum not to exceed 1% of the taxable value of the real

20 and personal property in the city, subject to section 1a of chap-

21 ter VII of the municipal finance act, 1943 PA 202, MCL 137.1a.

22 As used in this subdivision, "taxable value" is that value deter-

23 mined under section 27a of the general property tax act, 1893 PA

24 206, MCL 211.27a.

25 (h) An annual appropriation of money for municipal

26 purposes.

00145'99 a

4

1 (i) The levy, collection, and return of state, county, and

2 school taxes in conformance with the general laws of this state,

3 except that the preparation of the assessment roll, the meeting

4 of the board of review, and the confirmation of the assessment

5 roll may be at the times provided in the city charter.

6 (j) The public peace and health and for the safety of per-

7 sons and property. In providing for the public peace, health,

8 and safety, a city may expend funds or enter into contracts with

9 a private organization, the federal or state government, a

10 county, village, or township, or another city for services con-

11 sidered necessary by the legislative body. Public peace, health,

12 and safety services may include the operation of child guidance

13 and community mental health clinics, the prevention, counseling,

14 and treatment of developmental disabilities, the prevention of

15 drug abuse, and the counseling and treatment of drug abusers.

16 (k) Adopting, continuing, amending, and repealing the city

17 ordinances and for the publication of each ordinance before it

18 becomes operative. Whether or not provided in its charter,

19 instead of publishing a true copy of an ordinance before it

20 becomes operative, the city may publish a summary of the

21 ordinance. If the city publishes a summary of the ordinance, the

22 city shall include in the publication the designation of a loca-

23 tion in the city where a true copy of the ordinance can be

24 inspected or obtained. Any charter provision to the contrary

25 notwithstanding, a city may adopt an ordinance punishable by

26 imprisonment for not more than 93 days or a fine of not more than

27 $500.00, or both, if the violation substantially corresponds to a

00145'99 a

5

1 violation of state law that is a misdemeanor for which the

2 maximum period of imprisonment is 93 days. Whether or not pro-

3 vided in its charter, a city may adopt a provision of any state

4 statute for which the maximum period of imprisonment is 93 days,

5 the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

6 a law, code, or rule that has been promulgated and adopted by an

7 authorized agency of this state pertaining to fire, fire hazards,

8 fire prevention, or fire waste, and MAY ADOPT a fire prevention

9 code, plumbing code, heating code, electrical code, building

10 code, refrigeration machinery code, piping code, boiler code,

11 boiler operation code, elevator machinery code, or a code per-

12 taining to flammable liquids and gases or hazardous chemicals,

13 that has been promulgated by this state, by a department, board,

14 or other agency of this state, or by an organization or associa-

15 tion that is organized and conducted for the purpose of develop-

16 ing the code, by reference to the law, code, or rule in an adopt-

17 ing ordinance and without publishing the law, code, or rule in

18 full. The law, code, or rule shall be clearly identified in the

19 ordinance and its purpose shall be published with the adopting

20 ordinance. Printed copies of the law, code, or rule shall be

21 kept in the office of the city clerk, available for inspection

22 by, and distribution to, the public at all times. The publica-

23 tion shall contain a notice stating that a complete copy of the

24 law, code, or rule is made available to the public at the office

25 of the city clerk in compliance with state law requiring that

26 records of public bodies be made available to the general

27 public. A city shall not enforce any provision adopted by

00145'99 a

6

1 reference for which the maximum period of imprisonment is greater

2 than 93 days.

3 (l) That the business of the legislative body shall be con-

4 ducted at a public meeting held in compliance with the open meet-

5 ings act, 1976 PA 267, MCL 15.261 to 15.275. All records of the

6 municipality shall be made available to the general public in

7 compliance with the freedom of information act, 1976 PA 442, MCL

8 15.231 to 15.246.

9 (m) Keeping in the English language a written or printed

10 journal of each session of the legislative body.

11 (n) A system of accounts that conforms to a uniform system

12 of accounts as required by law.

13 Sec. 8. (1) Said petition SUBJECT TO SUBSECTIONS (2) AND

14 (3), A PETITION UNDER SECTION 6 shall be addressed to the COUNTY

15 board of supervisors COMMISSIONERS of the county in which the

16 territory to be affected by such THE proposed incorporation,

17 consolidation, or change of boundaries is located, and shall be

18 filed with the clerk of said board THE COUNTY BOARD OF

19 COMMISSIONERS not less than 30 days before the convening of

20 such THE board in regular session, or in any special session

21 called for the purpose of considering said THE petition. , and

22 if, before final action thereon, it shall appear to said board or

23 a majority thereof that said petition or the signing thereof does

24 not conform to this act, or contains incorrect statements, no

25 further proceedings pursuant to said petition shall be had, but,

26 if it shall appear that said petition conforms in all respects to

27 the provisions of this act, and that the statements contained

00145'99 a

7

1 therein are true, said board of supervisors THE BOARD SHALL BY

2 RESOLUTION DETERMINE WHETHER THE PETITION COMPLIES WITH THE

3 REQUIREMENTS OF THIS ACT AND WHETHER THE STATEMENTS CONTAINED IN

4 THE PETITION ARE CORRECT. IF THE BOARD DETERMINES THAT THE PETI-

5 TION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS ACT OR THAT

6 THE STATEMENTS CONTAINED IN THE PETITION ARE NOT CORRECT, THE

7 BOARD SHALL NOT CONDUCT FURTHER PROCEEDINGS ON THE PETITION.

8 SUBJECT TO SUBSECTION (4), IF THE BOARD DETERMINES THAT THE PETI-

9 TION COMPLIES WITH THE REQUIREMENTS OF THIS ACT AND THAT THE

10 STATEMENTS CONTAINED IN THE PETITION ARE CORRECT, THE BOARD

11 shall, by resolution, provide that the question of making the

12 proposed incorporation, consolidation, or change of boundaries

13 shall be submitted to the qualified electors of the district to

14 be affected at the next general election , occurring in not less

15 than 40 days after the adoption of such resolution, and if no

16 general election is to occur within 90 days, said resolution may

17 fix a date preceding said general election for a special election

18 on such question: Provided, however, That whenever OR AT A SPE-

19 CIAL ELECTION BEFORE THE NEXT GENERAL ELECTION. HOWEVER, THE

20 QUESTION SHALL NOT BE SUBMITTED AT AN ELECTION TO BE HELD LESS

21 THAN 60 DAYS AFTER THE ADOPTION OF THE RESOLUTION.

22 (2) IF it is proposed to incorporate an incorporated village

23 as a city without change of boundaries, the BOTH OF THE FOLLOW-

24 ING APPLY:

25 (A) THE initiatory petition herein provided for UNDER SEC-

26 TION 6 shall be addressed to the village council or other

27 legislative body of such THE village and shall be filed with

00145'99 a

8

1 the village clerk at least 30 days before final action is taken

2 thereupon and in such case all acts and duties provided in this

3 act to be performed by the board of supervisors shall be per-

4 formed by the common council of such village and all acts and

5 duties provided in this act to be performed by the clerk of the

6 board of supervisors shall be performed by the village clerk:

7 Provided further, That a ON THE PETITION.

8 (B) THE POWERS AND DUTIES OF THE COUNTY BOARD OF COMMISSION-

9 ERS AND COUNTY CLERK UNDER SUBSECTION (1) ARE ASSIGNED TO THE

10 VILLAGE COUNCIL AND VILLAGE CLERK, RESPECTIVELY.

11 (3) A petition covering the same territory, or part thereof,

12 shall not be considered by the COUNTY board of supervisors

13 oftener COMMISSIONERS MORE OFTEN than once in every 2 years,

14 unless such THE petition shall have been IS signed by a

15 number NOT LESS THAN 35% of taxpayers assessed for real prop-

16 erty taxes within the area proposed to be annexed whose names

17 appear on the latest assessment rolls therein under the

18 requirements of the general property tax , equal to 35% of the

19 total number of names which appear on the assessment rolls pre-

20 pared pursuant to said act, 1893 PA 206, MCL 211.1 TO 211.157,

21 as being assessed for real property taxes within the area pro-

22 posed to be annexed. , and it shall be the duty of the THE

23 assessing officers who are charged with the duty of assessing

24 real property within the area proposed to be annexed to SHALL

25 report as of the date on which the petition is filed the total

26 number of names on such rolls, within such area, to the clerk of

27 the board of supervisors COUNTY BOARD OF COMMISSIONERS not more

00145'99 a

9

1 than 14 days after said THE filing date. : Provided, That no

2 vote shall be required

3 (4) A VOTE IS NOT REQUIRED if the city owns the land sought

4 to be annexed.

5 (5) After the adoption of such A resolution UNDER SUBSEC-

6 TION (1) SUBMITTING A QUESTION TO A VOTE OF THE ELECTORS, neither

7 the sufficiency nor legality of the petition on which it is

8 based UNDER SECTION 6 may be questioned in any proceeding.

9 Sec. 11. (1) When IF the territory to be affected by

10 any A proposed incorporation, consolidation, or change OF

11 BOUNDARIES is situated in more than 1 county, the petition

12 hereinbefore provided UNDER SECTION 6 shall be addressed and

13 presented to the secretary of state. , with THE PETITION SHALL

14 BE ACCOMPANIED BY 1 or more affidavits attached thereto sworn

15 to by 1 or more of the signers of said THE petition , show-

16 ing that ALL OF THE FOLLOWING:

17 (A) THAT the statements contained in said THE petition are

18 true. , that

19 (B) THAT each signature affixed thereto TO THE PETITION is

20 the genuine ACTUAL signature of a qualified elector residing in

21 a city, village, or township to be affected by the carrying out

22 of the purposes of the petition. and that

23 (C) THAT not less than 25 of such THE PETITION signers

24 reside in each city, village, or township to be affected.

25 thereby.

26 (2) The secretary of state shall examine such THE petition

27 and the ACCOMPANYING affidavit or affidavits. annexed, and if he

00145'99 a

10

1 shall find that the same conforms to the provisions IF THE

2 SECRETARY OF STATE FINDS THAT THE PETITION AND ACCOMPANYING AFFI-

3 DAVIT OR AFFIDAVITS COMPLY WITH THE REQUIREMENTS of this act, he

4 OR SHE shall so certify , and SHALL transmit THE CERTIFICATE

5 AND a certified copy of said THE petition and the accompanying

6 affidavit or affidavits to the clerk of each city, village, or

7 township to be affected by the carrying out of the purposes of

8 such petition PROPOSAL, together with his certificate as above

9 provided, and a notice directing that at the next general elec-

10 tion occurring not less than 40 days thereafter the question of

11 making the incorporation, consolidation, or change of boundaries

12 petitioned for , shall be submitted to the electors of the dis-

13 trict to be affected. , and if no general election is to be held

14 within 90 days the resolution may fix a date preceding the next

15 general election for a special election on the question. If he

16 shall find that said THE NOTICE SHALL PROVIDE THAT THE QUESTION

17 SHALL BE SUBMITTED AT THE NEXT GENERAL ELECTION OR AT AN ELECTION

18 PRECEDING THE NEXT GENERAL ELECTION. HOWEVER, THE QUESTION SHALL

19 NOT BE SUBMITTED AT AN ELECTION TO BE HELD LESS THAN 60 DAYS

20 AFTER THE DATE OF TRANSMITTAL OF THE CERTIFICATE.

21 (3) IF THE SECRETARY OF STATE FINDS THAT THE petition and

22 the ACCOMPANYING affidavit or affidavits annexed thereto do not

23 conform to the provisions COMPLY WITH THE REQUIREMENTS of this

24 act, he OR SHE shall certify to that fact , and SHALL return

25 said THE petition and affidavits to the person from whom they

26 were received, together ALONG with such THE certificate.

00145'99 a

11

1 (4) The several city, village, and township clerks who

2 shall receive from the secretary of state the copies and

3 certificates above provided for IN SUBSECTION (2) shall give

4 notice of the election to be held on the question of making the

5 proposed incorporation, consolidation, or change of boundaries as

6 provided for in section 10. of this act.

7 Sec. 21. (1) Any AN AMENDMENT TO AN existing city

8 charter, whether passed THE CHARTER WAS ADOPTED pursuant to

9 the provisions of this act or heretofore FORMERLY granted or

10 passed by the legislature for the government of a city , may

11 from time to time be amended in the manner following: An

12 amendment may be proposed by the legislative body of a city on a

13 3/5 vote of the members-elect or by an initiatory petition. as

14 herein provided, and in case the same IF THE AMENDMENT is pro-

15 posed by the legislative body of the city, then the same THE

16 AMENDMENT shall be submitted to the electors of such THE city

17 at the next regular municipal or general state election, or AT A

18 special election , to be held in such city HELD not less than

19 60 days after the proposal of such THE amendment. , and in

20 case IF the amendment is proposed by an initiatory petition, as

21 herein provided, then the same THE AMENDMENT shall be submitted

22 to the electors of such city as herein provided THE CITY at the

23 next regular municipal or general state election held in such

24 THE city which shall occur not less than 90 days following

25 AFTER the filing of such petitions THE PETITION.

26 (2) Proposed charter amendments and other questions to be

27 submitted to the electors shall be published in full with

00145'99 a

12

1 existing charter provisions which would be altered or abrogated

2 thereby. The purpose of any such THE proposed charter amend-

3 ment or question shall be designated on the ballots BALLOT in

4 not more than 100 words, exclusive of caption, which shall con-

5 sist of a true and impartial statement of the purpose of the

6 amendment or question in such language as shall THAT DOES NOT

7 create no prejudice for or against such THE amendment or

8 question. , and the THE text of such THE statement shall be

9 submitted to the attorney general for approval as to compliance

10 with this requirement before being printed. : Provided, That

11 IN ADDITION, the proposed charter amendment in full shall be

12 posted in a conspicuous place in each polling place. The form in

13 which any proposed charter amendment or question shall appear on

14 the ballot, unless provided for in the initiatory petition, shall

15 be determined by resolution of the legislative body, and when

16 provided for by the initiatory petition, the legislative body may

17 add such AN explanatory caption. as shall be deemed

18 advisable. Any proposed

19 (3) A PROPOSED CHARTER amendment shall be confined to 1

20 subject. and in case a subject should embrace IF THE SUBJECT OF

21 A CHARTER AMENDMENT INCLUDES more than 1 related proposition,

22 each proposition shall be separately stated to afford an opportu-

23 nity for an elector to vote for or against each such proposition.

24 : Provided, That IF a proposed charter amendment failing of

25 adoption at any election IS REJECTED AT AN ELECTION, THE

26 AMENDMENT shall not be resubmitted for a period of 2 years. :

27 Provided further, That in any city in which a city election is

00145'99 a

13

1 held in April, the legislative body thereof may amend the charter

2 of said city by resolution so as to provide that there shall be

3 nominated on the third Monday in February preceding any April

4 election, by direct vote of the registered and qualified voters

5 within such city, candidates for ward and city offices to be

6 voted for at the next April election: Provided further, That

7 any

8 (4) A city charter heretofore FORMERLY granted by A DIF-

9 FERENT ACT OF the state legislature, not pursuant to the provi-

10 sions of this act, including charters of cities THE CHARTER OF

11 A CITY of the fourth class, amended as herein provided, by

12 adopting or coming THAT ADOPTS OR COMES under any part of this

13 act by amendment UNDER THIS SECTION, and not by general revision,

14 adoption, or incorporation under this act, may again be amended

15 hereunder UNDER THIS SECTION, as to such THE part or parts

16 so THAT ARE amended, by re-enacting hereunder, UNDER THIS

17 SECTION that part or parts of the original act of incorporation

18 which THAT existed before any amendment was made hereunder,

19 and such UNDER THIS ACT. THE part or parts of the original act

20 of incorporation so THAT ARE re-enacted shall not be

21 considered or construed as operating or coming under the provi-

22 sions of this act in any manner, it being the intention to permit

23 a city operating under such a charter DESCRIBED IN THIS

24 SUBSECTION, to adopt by amendment any part of the provisions of

25 this act permissible and thereafter OR to withdraw from the

26 provisions of this act.

00145'99 a

14

1 (5) Propositions and questions shall be proposed, initiated,

2 submitted and canvassed in a manner similar to that provided for

3 charter amendments.

4 Sec. 25. (1) An initiatory petition authorized by this act

5 shall be addressed to and filed with the city clerk. The peti-

6 tion shall state what body, or organization, if any, or if no

7 body or organization, then what persons are OR PERSON IS primar-

8 ily interested in and responsible for the circulation of the

9 petition and the securing of the amendment. Each sheet of the

10 petition shall be verified by the affidavit of the person who

11 obtained the signatures to the petition. and THE PETITION shall

12 be signed by at least 5% of those persons residing in THE

13 QUALIFIED and registered to vote in ELECTORS OF the

14 municipality. , the charter of which is to be amended, as of the

15 date when they signed the petition. Each signer of the petition

16 shall inscribe upon it ALSO WRITE, immediately after his or her

17 signature, the date of signing and his or her street address.

18 Any signatures A SIGNATURE obtained more than 1 year before the

19 filing of the petition with the city clerk shall not be counted.

20 (2) The verification shall state that the petition was cir-

21 culated at the request of and pursuant to the directions of the

22 association, organization, or persons desiring the amendment and

23 shall also state that the signatures were obtained by the person

24 verifying the petition; that the signatures are the signatures of

25 the persons purporting to sign the same and that each of them

26 signed in his or her presence; and that the person verifying the

27 petition has good reason to believe and verily does believe that

00145'99 a

15

1 the signers of the petition are duly registered electors of the

2 municipality and are the identical persons their signatures pur-

3 port them to be PETITION IS SUBJECT TO THE REQUIREMENTS OF SEC-

4 TION 25A.

5 (3) Any person who shall wilfully affix WILLFULLY AFFIXES

6 another's signature, or subscribe and swear SUBSCRIBES AND

7 SWEARS to a verification THAT IS false in any material particular

8 is guilty of perjury. ; and any A person who shall take TAKES

9 the oath of another to the petition not knowing him or her to be

10 the identical SAME person he or she represents himself or her-

11 self to be or knowing that the petition or any part thereof OF

12 IT is false or fraudulent in any material particular, or who

13 shall falsely represent REPRESENTS that the proposed amend-

14 ment is proposed by parties PERSONS other than the true spon-

15 sors, is guilty of a felony and shall be IS liable to FOR the

16 same punishment as provided for perjury.

17 (4) Upon receipt of the petition, the city clerk shall can-

18 vass it to ascertain if it has been IS signed by the requisite

19 number of registered electors. For the purpose of determining

20 the validity of the petition, the city clerk may cause CHECK

21 any doubtful signatures to be checked against the registration

22 records of the city. Within 45 days from the date of the filing

23 of the petition, the city clerk shall certify the sufficiency or

24 insufficiency thereof OF THE PETITION. If the petition con-

25 tains the requisite number of signatures of registered electors,

26 the clerk shall cause SUBMIT the proposed amendment to be

27 submitted to the electors of the city at the next regular

00145'99 a

16

1 municipal or general state election held in the city which shall

2 occur not less than 90 days following the filing of the

3 petition.

4 (5) When IF the petition shall contain CONTAINS the

5 number of signatures equal to or in excess of 20% of those

6 OR MORE OF THE persons residing in and registered to vote in the

7 city as of the date when they signed it, and when the petition

8 shall request that REQUESTS SUBMISSION OF the proposal

9 petitioned for shall be submitted at a special election, to be

10 called for the purpose of submitting the same, the city clerk

11 within 90 days of the date of the filing of the petition, shall

12 call a special election to be held not less than 120 days nor

13 more than 130 days after the date of filing the petition unless a

14 primary or regular election shall occur or a special election

15 shall have been or shall be called for other purposes to be held

16 within 150 days after the date of the filing of the petition. In

17 that event the proposal shall be submitted at such primary, regu-

18 lar, or special election and a special election shall not be so

19 called ON THE NEXT DATE PROVIDED UNDER SECTION 644 OF THE

20 MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.644, NOT LESS THAN

21 120 DAYS AFTER THE PETITION WAS FILED. Other proposals, whether

22 initiated by a 5% petition or proposed by the legislative body

23 within the times within this act provided, may be submitted at

24 such special THAT election. A proposal submitted to the elec-

25 tors by the initiative and receiving an affirmative majority of

26 the votes cast thereon ON THE PROPOSAL shall not be held

27 unconstitutional, invalid, or void on account of the

00145'99 a

17

1 insufficiency of the petition by which submission of the same

2 PROPOSAL was procured SUBMITTED.

3 (6) Except as provided by subsection (7), any proposal

4 contemplating ADOPTED BY THE ELECTORS THAT CONTEMPLATES

5 increased expenditure of funds by the municipality shall become

6 effective , if adopted by the electors, only at the beginning

7 of that fiscal year of the municipality commencing not earlier

8 than 60 days following the election at which the proposal was

9 approved by the electors.

10 (7) If a proposal which increases the city's ad valorem

11 property tax limitation applies, by its terms, for a specific

12 year or period commencing before the date the proposal would oth-

13 erwise take effect under subsection (6), the proposal shall be

14 effective both from the date it is approved by the electors and

15 retroactively for the year or period specified in the proposal.

16 Notwithstanding any charter provision to the contrary, if a pro-

17 posal is approved by the electors and given effect under this

18 subsection after the city has levied its ad valorem property tax

19 levy for the fiscal year and if the adopted proposal authorizes

20 the levy of a millage rate for the fiscal year during which the

21 proposal was approved in excess of the rate the city was autho-

22 rized to levy before adoption of the proposal, the city may levy

23 an additional tax. to THE ADDITIONAL TAX SHALL be collected

24 either by a supplementary billing by the city or at the same time

25 and in the same manner the county's ad valorem property tax levy

26 is collected.

00145'99 a

18

1 (8) Any A person aggrieved by any AN action, or failure

2 of action, of the city clerk may bring an action against the

3 clerk in the circuit court for writ of mandamus or for other

4 appropriate relief.

5 Sec. 26. (1) All elections held hereunder UNDER THIS ACT

6 shall be paid for by the locality where held. , and except as

7 now EXCEPT AS otherwise provided by law or ordinance, shall

8 receive such THE LEGISLATIVE BODY OF THE CITY SHALL DETERMINE

9 THE publication and notice as the legislative body may deter-

10 mine, and shall be arranged for, held and conducted by the same

11 officers and in the same manner as near as may be as general

12 biennial fall elections OF THE ELECTION.

13 (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR ANY

14 CHARTER PROVISION, AN ELECTION UNDER THIS ACT IS SUBJECT TO SEC-

15 TION 644 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.644.

16 Enacting section 1. This amendatory act takes effect

17 January 1, 2002.

18 Enacting section 2. This amendatory act does not take

19 effect unless all of the following bills of the 90th Legislature

20 are enacted into law:

21 (a) Senate Bill No. 290.

22 (b) Senate Bill No. 291.

23 (c) Senate Bill No. 292.

00145'99 a Final page. CAS