House Introduced Bill 4721

HOUSE BILL No. 4721


     May 3, 2001, Introduced by Reps. DeVuyst, Sanborn, Gilbert, Jamnick, Tabor, Vander Roest, George, Raczkowski, Hager, Pappageorge, Jelinek,
Drolet, Voorhees, Rivet, Stewart, Jansen and Lemmons and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1909 PA 278, entitled

   "The home rule village act,"

   by amending sections 4 and 5 (MCL 78.4 and 78.5).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4.  (1)  Said  A petition UNDER SECTION 2 shall be

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      addressed to the board of  supervisors  COMMISSIONERS of the

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      county in which the territory to be affected by  such  THE pro-

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      posed incorporation, consolidation, or change of boundaries is

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      located, and shall be filed with the clerk of  said  THE board OF

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      COMMISSIONERS not less than 30 days before the  convening of

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      such  board OF COMMISSIONERS CONVENES in regular session, or in

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       any  A special session called  for the purpose of considering

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      said  TO CONSIDER THAT petition.  , and if, before final action

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      thereon, it shall appear to said board or




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           (2) IF a majority  thereof  OF THE BOARD OF COMMISSIONERS

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      DETERMINES that  said  THE petition or the  signing thereof
   does

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      SIGNATURES DO not conform to this act, or THAT THE PETITION con-

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      tains incorrect statements, THE BOARD OF COMMISSIONERS SHALL HOLD

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      no further proceedings  pursuant to said  ON THAT petition.

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       shall be had, but, if it shall appear  IF A MAJORITY OF THE

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      BOARD OF COMMISSIONERS DETERMINES that  said  THE petition con-

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      forms  in all respects  to  the provisions of  this act, and
   that

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      the statements contained  therein  IN THE PETITION are true,

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       said  THE board of  supervisors  COMMISSIONERS shall, by
   resolu-

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      tion, provide that the question of making the proposed incorpora-

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      tion, consolidation, or change of boundaries shall be submitted

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      to the qualified electors of the district OR DISTRICTS to be

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      affected AS PROVIDED UNDER SECTION 5 at the next general elec-

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      tion, if  one  A GENERAL ELECTION shall occur in not less than

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       40  70 days and not more than 90 days after the adoption of

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       such  THE resolution.  , and if  IF no general election is to

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      occur within  such  THAT period,  said  THE resolution shall
   fix

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      a date within  such  THAT period for a special election on 
   such

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      THE question.

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           (3) After the adoption of  such  THE resolution, neither the

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      sufficiency nor THE legality of the petition on which it is based

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       may  SHALL be questioned in any proceeding.

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           Sec. 5.  (1)  The  A district to be affected by  every
   such

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      A proposed incorporation, consolidation, or change of boundaries

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       , shall be deemed to include  INCLUDES the whole of each city,

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      village, or township from which territory is to be taken or to



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      which territory is to be annexed.  :  Provided, however, That

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      proposed

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           (2) PROPOSED incorporations, consolidations, or changes of

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      boundaries shall be submitted to the qualified electors residing

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      within the territory proposed to be incorporated,  or residing

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      within  the village to which territory is to be annexed,  as the

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      case may be, and also to the qualified electors of  AND the city,

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      village, or township  ,  from which the territory to be taken is

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      located.  and at the election, when the said question is voted

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      upon,

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           (3) IN AN ELECTION FOR A PROPOSED INCORPORATION, the city,

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      village, or township shall  conduct the election in such manner

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      as to keep  RECORD SEPARATELY the votes of the qualified electors

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      in the territory proposed to be incorporated  or annexed or

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      detached in a separate box from the one containing  AND the votes

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      OF THE QUALIFIED ELECTORS from the remaining portions of  such

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      THE city, village, or township.  , and if the returns of said

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      election shall show  IF a majority of the  votes cast 
   QUALIFIED

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      ELECTORS in the district proposed to be incorporated,  or

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      annexed,  voting separately,  to be in favor of  APPROVE the
   pro-

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      posed incorporation,  or change of boundary as the case may be,

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      and if a majority of the QUALIFIED electors  voting  in the

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      remainder of the district to be affected,  as herein defined,

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      voting collectively,  are in favor of  APPROVE the proposed

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      incorporation,  or change of boundary as the case may be,  then

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       such  THAT territory shall become incorporated as a village.  or

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      shall become a part of the corporate territory of the village or



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      shall be detached therefrom, as the case may be:  Provided

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      further, That in case

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           (4) IN AN ELECTION FOR A PROPOSED ANNEXATION OR CONSOLIDA-

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      TION, THE CITY, VILLAGE, OR TOWNSHIP SHALL RECORD SEPARATELY THE

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      VOTES OF THE QUALIFIED VOTERS IN THE TERRITORY PROPOSED FOR

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      ANNEXATION, IN THE BALANCE OF THE CITY, VILLAGE, OR TOWNSHIP IN

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      WHICH THE TERRITORY PROPOSED FOR ANNEXATION OR CONSOLIDATION IS

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      LOCATED, AND THE VOTES OF THE QUALIFIED VOTERS IN THE CITY, VIL-

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      LAGE, OR TOWNSHIP TO WHICH THE TERRITORY SHALL BE ANNEXED OR

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      CONSOLIDATED.  THE ANNEXATION OR CONSOLIDATION SHALL BE CONSID-

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      ERED DEFEATED IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON

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      THE ISSUE IN THE ANNEXING OR CONSOLIDATING VILLAGE, IN THE TERRI-

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      TORY PROPOSED FOR ANNEXATION OR CONSOLIDATION, OR IN THE BALANCE

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      OF THE CITY, VILLAGE, OR TOWNSHIP IN WHICH THE TERRITORY PROPOSED

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      FOR ANNEXATION OR CONSOLIDATION IS LOCATED, VOTING SEPARATELY,

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      VOTE AGAINST THE ANNEXATION.

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           (5) IF there are no qualified electors residing within the

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      territory proposed to be  detached,  CONSOLIDATED or annexed  ,

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      if  AND a majority of THE QUALIFIED electors voting in the

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      remainder of the district  to be  affected  , as herein defined,

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      are in favor of  APPROVE the proposed  change of boundary, then

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      such  ANNEXATION OR CONSOLIDATION, THAT territory shall  become a

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      part of the corporate territory of the village or shall be

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      detached therefrom, as the case may be:  Provided further, That

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      the  BE ANNEXED OR CONSOLIDATED.

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           (6) THE question of incorporating a new village from

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      territory located in a township or townships shall be determined



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      by a majority of the votes cast at an election at which only the

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      QUALIFIED electors residing within the territory proposed to be

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      incorporated shall vote.


















































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