May 30, 2018, Introduced by Rep. Howrylak and referred to the Committee on Local Government.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 5 (MCL 117.5), as amended by 2011 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 must 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 does
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 If 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 is considered operative and effective as of
the
date of the first submission and adoption. The charter shall
must 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 must
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 includes 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 must 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 are not be required in the case of serial bonds
that
fall due annually. 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
must
not be issued by a city unless notice
of the issuance of
issuing 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. The bonds shall must 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
must 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.
(3) Beginning on the effective date of the amendatory act that
added this subsection, a city shall not sell 5 acres or more of
land owned by the city unless the sale of that land is approved by
a majority of the electors of the city voting on the question at a
general or special election.