Charter of Wyandotte Michigan  •   City of Wyandotte, Michigan   •   Wyandotte.net

CHAPTER XI.
INITIATIVE AND REFERENDUM*

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 reference—City 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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Ch. IV.  •
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Ch. V.  •
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Ch. VIII.  •
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Ch. IX.  •
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Ch. X.  •
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Ch. XI.  •
Initiative & Referendum

Initiative -

Referendum -

Ch. XII.  •
Franchises & Licenses

Ch. XIII.  •
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Ch. XIV.  •
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Ch. XV.  •
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Ch. XVI.  •
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Ch. XVIII.  •
Miscellaneous
 


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