House Introduced Bill 4722

HOUSE BILL No. 4722


     May 3, 2001, Introduced by Reps. Jamnick, Tabor, Sanborn, Gilbert, 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 279, entitled

   "The home rule city act,"

   by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 9.  (1)  In the event of a conflict between  IF the

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      provisions of this act and  Act No. 191 of the Public Acts of

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      1968, being sections 123.1001 to 123.1020 of the Michigan

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      Compiled Laws  1968 PA 191, MCL 123.1001 TO 123.1020, regarding

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      an incorporation or consolidation CONFLICT, the provisions of

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       Act No. 191 of the Public Acts of 1968  1968 PA 191,

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      MCL 123.1001 TO 123.1020, shall govern.  The district to be

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      affected by  every such  A proposed incorporation, consolidation,

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      or change of boundaries shall be deemed to include the whole of

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      each city, village, or township from which territory is to be

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      taken or to which territory is to be annexed.  However,  when  IF


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      a territory is proposed to be incorporated as a city only the

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      residents of the territory to be incorporated shall vote on the

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      question of incorporation.   When  IF a petition signed  by
   the

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      ON BEHALF OF THIS state by the appropriate agency designated by

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      the state administrative board  which  THAT holds the record

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      legal title to the entire area of the land in the territory adja-

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      cent to the city to be annexed  ,  is filed with the governing

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      body of the city and with the township board of the township in

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      which  such  THE territory is situated,  such  THE annexation
   may

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      be accomplished by the affirmative majority vote of the governing

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      body of  such  THE city and the approval of the township board of

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       such  THE township.

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           (2) Except as provided in subsections (1) and  (8)  (7), a

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      petition or resolution for annexation of territory shall be filed

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      in the Lansing office of the state boundary commission.  The com-

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      mission, after determining the validity of the petition or reso-

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      lution, shall hold a public hearing in or reasonably near the

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      area proposed for annexation.  The commission in processing and

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      approving, denying, or revising a petition or resolution for

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      annexation shall have the same powers and duties and SHALL be in

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      accordance with and subject to the provisions of  Act No. 191 of

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      the Public Acts of 1968, relating to petitions which propose

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      incorporations  1968 PA 191, MCL 123.1001 TO 123.1020.

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           (3) If an annexation is denied by the commission, the com-

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      mission shall send a certified copy of its order to the clerk of

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      each county, city, village, and township affected.





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            (4) If an annexation is approved, and if on the date the

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      petition or resolution was filed 100 persons or less resided in

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      the area approved for annexation, the commission's order shall

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      not be subject to a referendum.  The commission shall send a cer-

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      tified copy of its order to the clerk of each county, city, vil-

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      lage, and township affected and to the secretary of state.  The

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      annexation shall be effective on a date set forth in the

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      commission's order.

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           (4)  (5)  If an annexation is approved,  and if on the date

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      the petition or resolution was filed more than 100 persons

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      resided in the area approved for annexation,  the commission

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      shall send a certified copy of its order to the clerk of each

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      county, city, village, and township affected and to the secretary

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      of state.   The  SUBJECT TO SUBSECTION (8), THE commission's

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      order shall become final 30 days after the date of the order

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      unless within that 30 days a petition is filed with the commis-

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      sion  which  THAT contains the signatures of at least 25% of the

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      registered electors residing in the portion of the territory

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      approved for annexation, in the annexing city, or in the balance

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      of the township.   The commission after  AFTER verifying the

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      validity of any referendum petition, THE COMMISSION shall order

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      that a referendum on the question of annexation be held in each

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      area from which a valid petition was filed.  If a valid petition

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      is not filed within the 30 days or if the majority of the elec-

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      torate voting on the question in each area in which a referendum

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      was held, voting separately, approve the annexation, SUBJECT TO

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      SUBSECTION (8), the annexation shall be effective on a date set



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      by order of the commission, otherwise the annexation shall not

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      take effect.

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           (5)  (6)  The commission shall reject a petition or resolu-

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      tion for annexation of territory  which  THAT includes all or any

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      part of the territory  which  THAT was described in any petition

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      or resolution for annexation filed within the preceding 2 years

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      and  which  THAT was denied by the commission or was defeated in

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      an election pursuant to subsection  (5)  (4) OR (8).

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           (6)  (7)  In addition to the methods for initiating annexa-

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      tion as provided in this act, a petition or resolution  as

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      follows  may be submitted to the state boundary commission in a

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      form and manner prescribed by  it  THE STATE BOUNDARY COMMISSION

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      AS FOLLOWS:

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           (a) By resolution of the legislative body of the city to

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      which the area is proposed to be annexed.

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           (b) By petition by the persons, firms, corporations, the

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      United States government, or  the  THIS state or any  of its

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      subdivisions  POLITICAL SUBDIVISION OF THIS STATE who collec-

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      tively hold equitable title as a vendee under a recorded land

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      contract or memorandum of land contract, or record title AS

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      RECORDED FEE OWNER to 75% or more of the area of the land, exclu-

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      sive of streets, in the territory proposed for annexation at the

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      time  of filing  the petition IS FILED.

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           (c) By petition by 20% of the registered electors who reside

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      in the area proposed for annexation.

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           (7)  (8) Where  IF the territory proposed to be annexed to

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       any  A city is  adjacent  CONTIGUOUS to the city and consists
   of



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      a park or vacant property located in a township and IS owned by

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      the city annexing the  same  TERRITORY, and there is no one

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      residing  thereon, such  IN THAT TERRITORY, THAT territory may be

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      annexed to the city solely by resolution of the city council of

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      the city.  or in any case where  IF the territory proposed to be

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      annexed is  adjacent  CONTIGUOUS to  the  A city and consists
   of

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      property owned by the city or consists of fractional parts of

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      platted subdivision lots, located in an adjoining city, village,

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      or township,  such  THE annexation may  also  be accomplished
   by

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      the affirmative majority vote of the legislative body of  such

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      THE city and the approval of the legislative body of  such  THE

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      adjoining city, village, or township.  As an alternate method,

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       where  IF there are no qualified electors residing in the terri-

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      tory proposed to be annexed to the city  ,  other than the person

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      or persons petitioning, a petition signed by a person or persons,

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      firms, corporations, the United States government, or  the  THIS

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      state or any  of its subdivisions  POLITICAL SUBDIVISION OF THIS

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      STATE who collectively hold the equitable title as a vendee under

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      a recorded land contract or memorandum of land contract  ,  or

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      record legal title AS RECORDED FEE OWNER to more than 1/2 of the

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      area of the land in the territory to be annexed is filed with the

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      city council of the city and with the township board of the town-

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      ship in which  such  THAT territory is situated,  such  THE

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      annexation may be accomplished by the affirmative majority vote

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      of the city council of  such  THE city and the approval of the

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      township board of  such  THE township.  At least 10 days prior to

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      the approval by the township board, the township treasurer shall



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      notify, personally or by registered mail with return receipt

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       demanded  REQUESTED, the owners of all real property in the ter-

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      ritory to be annexed as shown on the assessment rolls of the

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      township at the last known address on file with the township

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      treasurer.   This section shall not be construed so as to give

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      any city the authority to

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           (8) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A CITY

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      SHALL NOT proceed  hereunder  UNDER THIS SECTION to attach terri-

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      tory from any other city OR A VILLAGE, TOWNSHIP, OR CHARTER

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      TOWNSHIP unless the question  relative thereto  OF THE ANNEXATION

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      has been voted upon by the voters  of the entire cities affected,

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      except as hereinbefore specifically provided, where the territory

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      proposed to be annexed is adjacent to a city and consists of

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      property owned by the city or consists of fractional parts of

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      platted subdivision lots, located in an adjoining city  IN THE

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      TERRITORY PROPOSED FOR ANNEXATION, IF ANY, AND IN THE BALANCE OF

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      EACH CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP AFFECTED BY THE

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      ANNEXATION VOTING INDEPENDENTLY.  IF A VOTE IS REQUIRED UNDER

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      THIS SUBSECTION, THE ANNEXATION SHALL BE CONSIDERED DEFEATED IF A

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      MAJORITY OF THE ELECTORS VOTING ON THE ISSUE IN THE ANNEXING

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      CITY, THE TERRITORY PROPOSED FOR ANNEXATION, OR IN THE BALANCE OF

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      THE CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP WITHIN WHICH THE

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      TERRITORY PROPOSED FOR ANNEXATION IS LOCATED VOTE AGAINST THE

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      ANNEXATION.  OTHERWISE, THE ANNEXATION SHALL BE CONSIDERED

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      APPROVED AND EFFECTIVE ON THE DATE SET BY THE STATE BOUNDARY

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      COMMISSION.





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           (9) The provisions of section 14  shall  ARE not  be

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      applicable to an annexation approved  by the commission  UNDER

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      THIS SECTION of part of a township or village to a city except in

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      the event of outstanding bonds or other evidences of indebtedness

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      of the township or village.  In  such  THAT event, the STATE

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      BOUNDARY commission shall determine and order an equitable divi-

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      sion of assets and liabilities  which  THAT relate to the bonds

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      or other indebtedness.

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           (10) The provisions of sections 8 and 8a  shall  ARE not

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       be  applicable to petitions or resolutions filed with the state

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      boundary commission.

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           (11)  After March 31, 1971, and so long as Act No. 191 of

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      the Public Acts of 1968 is in effect, annexation of territory

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      from a township or village to a home rule city shall be as pro-

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      vided in this section and no other means of annexation shall be

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      effective.  BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT

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      THAT ADDED THIS SUBSECTION AND IF 1968 PA 191, MCL 123.1001 TO

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      123.1020, IS IN EFFECT, ANNEXATION OF TERRITORY FROM A CITY,

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      TOWNSHIP, CHARTER TOWNSHIP, OR VILLAGE TO A HOME RULE CITY SHALL

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      BE AS PROVIDED IN THIS SECTION EXCEPT AS OTHERWISE PROVIDED IN

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      THE CHARTER TOWNSHIP ACT, 1947 PA 359, MCL 42.1 TO 42.34, AND IN

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      1984 PA 425, MCL 124.21 TO 124.30.













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