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CHAPTER
XI.
INITIATIVE AND
REFERENDUM*
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INITIATIVE
Generally.
158. Section 1.
Any proposed ordinance may be submitted to the council
by a petition filed with the city clerk praying that such ordinance be
adopted by the council, and that if it be not so adopted, it be submitted
to a vote of the electors of the city. Such petition shall be known as an
initiative petition. It shall set forth in full the proposed ordinance and
shall contain a brief statement of the substance thereof, which statement
shall appear on the official ballot as herein provided in the event of the
submission of the proposed ordinance to a vote of the electors. The
petition shall be signed by qualified electors of the city equal in number
to ten (10) per cent of the total number of votes cast for all candidates
for the office of mayor at the last general municipal election at which a
mayor was elected prior to the filing of such petition. Before the
circulation of such petition for signature, the proposed ordinance as
contained therein shall be submitted to the city attorney for approval as
to form.
Signatures;
affidavit.
159. Section 2.
Each signer of a petition shall sign his name in ink or
indelible pencil, and shall place on the petition after his name his place
of residence, by street and number, and the date of signature. The
signatures to any such petition need not all be appended to one paper, but
to each paper constituting a part of such petition there shall be attached
an affidavit by the circulator thereof stating the number of signers to
such part of the petition, and that each signature appended to the paper
is the genuine signature of the person whose name it purports to be, and
was made in the presence of the affiant.
Examination
by city clerk.
160. Section 3.
Within ten (10) days from the filing of a petition the
city clerk shall ascertain whether it is signed by the required number of
qualified electors and shall indorse thereon a certificate of the result
of his examination as to its sufficiency.
Supplemental
petitions.
161. Section 4.
If the clerk's certificate shows that the number of
signatures to the petition is insufficient an additional paper or papers
may be filed at any time within fifteen (15) days from the date of such
certificate in the same manner as provided in case of the original
petition.
*State law referenceCity authority relative to initiative and
referendum on all matters within the scope of its powers, MCL §
117.4i(6), MSA § 5.2082(6).
Insufficient
petitions.
162. Section 5.
Upon the filing of such additional paper or papers, the
clerk shall attach the same to the original petition, and shall within ten
(10) days thereafter, examine such additional paper or papers so attached,
and certify the result. If the petition as a
whole is still insufficient, or if no
additional paper or papers shall have been filed, the clerk shall file the
petition in his office and shall notify the council to the effect that
a. petition has
been filed in his office, but that the number of signatures thereto is
insufficient, and shall state the substance of the petition, the number of
signatures required and the number of signatures attached thereto. The
filing of an insufficient petition shall not prejudice the filing of a new
petition for the same purpose.
Presentation
to council.
163. Section 6.
If the certificate of the clerk shows that the petition
is sufficient, he shall present the proposed ordinance to the council at
its next regular meeting. The council shall at once proceed to consider
the proposed ordinance, and shall take final action thereon within thirty
(30) days from the date of the presentation thereof. If the council fails
to adopt the proposed ordinance as presented, then it shall be submitted
to the vote of the electors in the manner herein provided.
Submission
of ordinance.
164. Section 7.
Such initiative ordinance shall be submitted at the
next regular city or state election held thereafter, or at any primary
election or at any special election called for any purpose, but no special
election shall be held solely for the purpose of submitting such proposed
ordinance. The city clerk shall cause a copy of the proposed ordinance and
notice that it is to be submitted to the electors of the city for their
approval to be published once in one of the newspapers of the city not
more than twenty (20) days or less than ten (10) days before the election
at which such ordinance is to be submitted.
Ballots:
Vote required: Taking effect.
165. Section 8.
The ballots used in voting upon any such proposed
ordinance shall contain the title of the ordinance to be voted on, and
a statement of
the substance thereof, as contained in the petition, and the two
propositions: "For the ordinance" and Against the ordinance." Immediately
at the right of each proposition there shall be a square in which by
making a cross D the voter may vote for or against the proposed ordinance.
If a majority of the electors voting on any such proposed ordinance shall
vote in favor thereof, it shall thereupon become an ordinance of the city;
provided that if the subject matter of such ordinance is such as to
require more than a majority vote under the constitution or laws of the
state, then it shall not go into effect unless it receives such votes as
may be required. The vote on such proposed ordinance shall be taken,
counted, returned, canvassed and certified in the same manner as other
votes are taken, counted, returned, canvassed and certified at elections
held under this charter. Upon the certificates of the board of city
canvassers that a proposed ordinance has been adopted as herein provided,
the city clerk shall file in his office with the other ordinances of the
city the copy thereof as presented to the council prior to submission. The
clerk shall forthwith notify the council of the filing of such ordinance
and the notice thereof shall be entered upon the journal of the council,
whereupon such ordinance shall take effect.
No repeal or
amendment except by electors.
166. Section 9.
Any ordinance proposed by petition and adopted by the
vote of the electors of the city shall not be repealed or amended except
by a vote of electors of the city as in this chapter provided. The council
may submit a proposition for the repeal of any such ordinance, or for
amendments thereto to be voted upon at any succeeding general city
election; and should such proposition, so submitted, receive a majority of
the votes cast thereon at such election, such ordinance shall thereby be
repealed or amended accordingly.
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This on-line representation of the
"City of Wyandotte Michigan - City Charter"
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Wyandotte.net |
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City Hall (Main) |
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City Clerk (Main) |
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City Charter |
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( Introduction )
( Index )
Ch. I.
Incorporation & Powers,
Ch. II.
Boundaries, Wards
& Election Precincts,
Ch. III.
Electors, Registration,
Nomination & Election,
Ch. IV.
Elective Officers,
Ch. V.
Duties
of Elective Officers
Ch. VI.
City
Council
Ch. VII.
Administrative Depts
Appointive Officers,
Generally
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Dept of Municipal Service
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Dept of Engineering & Bldg.
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Dept of Police & Fire
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Civil Service Commission
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Fire Department
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Dept of Public Welfare
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Dept of Purchases
& Supplies
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Public Rec.
Commission
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Ch. VIII.
Justice Courts
Ch. IX.
General
Provisions
Regarding Officers
Ch. X.
Ordinances
Ch. XI.
Initiative &
Referendum
Initiative -
Referendum -
Ch. XII.
Franchises &
Licenses
Ch. XIII.
Finance &
Taxation,
Ch.
XIV.
Public
Improvements,
Subdiv. 1.
General
Public
Improvements
Subdiv. 2.
Special
Assessment
Improvements
Ch. XV.
Bonds
Ch. XVI.
Streets,
Sidewalks
& Partition Fences
Ch. XVII.
Appropriation
of
Private Property
Ch. XVIII.
Miscellaneous
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Emergency |
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Information
Wyandotte Police
Wyandotte Fire Dept. |
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