12-2708.   Same; ordinance or resolution; election, when.(a) Before any improvement is made as provided in this act, thegoverning body of each participating city shall pass an ordinance and thegoverning body of each participating township shall adopt a resolutionauthorizing the making of the improvement and, if bonds are to beissued,directing the issuance of bonds to pay all or part ofmunicipality'sshare of the cost of the improvement. The ordinance orresolution shall specify thenature and extent of the improvement to be made and shall recite thecontract entered into by the participating municipalities and corporationsand that such improvement is made in accordance with plans andspecifications approved by the secretary of health and environment and on filein the officeof the clerk of the municipality forinspection. The ordinance or resolution shall not take effect andbe inforce unless and until the governing body of such municipality submits theordinance or resolution to a vote of the electors of themunicipality, at a regular election or at a special election called forsuch purpose, and a majority of the legal electors voting at such election votein favor of the ordinance or resolution. Thegoverning body of the municipality shallhave power to call such election. The election shall becalled,noticed, conducted and canvassed in the manner provided by law for bondelections under the provisions of the general bond law,except thatthe ballots used when voting upon the ordinance or resolution, asthe casemay be, shall contain these words: "For the ordinance" or "For theresolution," as the case may be, (stating the nature of the proposedordinance or resolution), and "Against the ordinance" or "Against theresolution," as the case may be, (stating the nature of the proposedordinance or resolution).

      (b)   Notwithstanding any other provisions of this section, anycity ofthe second class which has heretofore entered into a contract with acorporation or other municipality as authorized or validated by the act ofwhich this section is amendatory may issue general obligation bonds of thecity without an election in an amount not to exceed $75,000 for the purpose ofenlarging, repairing,improving orextending the city's waterworks system, and no statute limiting thebondedindebtedness of a municipality shall apply to such bonds and such bondsshall not be considered in determining the total bonded indebtedness ofsuch municipality for the purpose of applying any statute limiting thebonded indebtedness of such municipality, except that beforeissuing such bonds the governing body of the city shall publish once in theofficial city paper the ordinance providing for the issuance of such bondsand if, within 30 days after the date of publication,there is filed with the city clerk a petition signed by 10% of thelegal electors of the city protesting the issuance, the governing body shallsubmit the question of issuing such bonds to a vote of the electors of thecity in the manner provided by the general bond law.

      History:   L. 1955, ch. 87, § 8; L. 1957, ch. 98, § 1;L. 1995, ch. 116, § 7; July 1.