House Introduced Bill 6187

HOUSE BILL No. 6187


     September 24, 1998, Introduced by Rep. Gagliardi and referred to the Committee on Local Government.


        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:

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

 2    sions of this act and  Act No. 191 of the Public Acts of 1968,

 3     being sections 123.1001 to 123.1020 of the Michigan Compiled

 4     Laws  1968 PA 191, MCL 123.1001 TO 123.1020, regarding an incor-

 5    poration or consolidation, the provisions of  Act No. 191 of the

 6     Public Acts of 1968  1968 PA 191, MCL 123.1001 TO 123.1020, shall

 7    govern.  The district to be affected by  every such  A proposed

 8    incorporation, consolidation, or change of boundaries shall be

 9    deemed to include the whole of each city, village, or township

10    from which territory is to be taken or to which territory is to

11    be annexed.  However,  when  IF a territory is proposed to be


   06962'98                                                 FDD
                                              2

 1    incorporated as a city only the residents of the territory to be

 2    incorporated shall vote on the question of incorporation.  When 

 3    IF a petition signed by  the  THIS state by the appropriate

 4    agency designated by the state administrative board  which  THAT

 5    holds the record legal title to the entire area of the land in

 6    the territory adjacent to the city to be annexed, is filed with

 7    the governing body of the city and with the township board of the

 8    township in which  such  THE territory is situated,  such  THE

 9    annexation may be accomplished by the affirmative majority vote

10    of the governing body of  such  THE city and the approval of the

11    township board of  such  THE township.

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

13    petition or resolution for annexation of territory shall be filed

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

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

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

17    area proposed for annexation.  The commission in processing and

18    approving, denying, or revising a petition or resolution for

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

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

21     the Public Acts of 1968  1968 PA 191, MCL 123.1001 TO 123.1020,

22    relating to petitions  which  THAT propose incorporations.

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

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

25    each county, city, village, and township affected.

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

27     petition or resolution was filed 100 persons or less resided in



   06962'98
                                   3

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

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

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

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

 5     annexation shall be effective on a date set forth in the

 6     commission's order. 

 7         (4)  (5)  If an annexation is approved,  and if on the date

 8     the petition or resolution was filed more than 100 persons

 9     resided in the area approved for annexation,  the commission

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

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

12    of state.  The commission's order shall become final 30 days

13    after the date of the order unless within that 30 days a petition

14    is filed with the commission  which  THAT contains the signatures

15    of at least 25% of the registered electors residing in the por-

16    tion of the territory approved for annexation, in the annexing

17    city, or in the balance of the township.  The commission after 

18    AFTER verifying the validity of any referendum petition, THE

19    COMMISSION shall order that a referendum on the question of

20    annexation be held in each area from which a valid petition was

21    filed.  If a valid petition is not filed within the 30 days or if

22    the majority of the electorate voting on the question in each

23    area in which a referendum was held, voting separately, approve

24    the annexation, the annexation shall be effective on a date set

25    by order of the commission, otherwise the annexation shall not

26    take effect.





   06962'98
                                   4

 1         (5)  (6)  The commission shall reject a petition or

 2    resolution for annexation of territory  which  THAT includes all

 3    or any part of the territory  which  THAT was described in any

 4    petition or resolution for annexation filed within the preceding

 5    2 years and  which  THAT was denied by the commission or was

 6    defeated in an election pursuant to subsection  (5)  (4).

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

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

 9     follows  may be submitted to the state boundary commission in a

10    form and manner prescribed by  it  THE STATE BOUNDARY COMMISSION

11    AS FOLLOWS:

12         (a) By resolution of the legislative body of the city,

13    CHARTER TOWNSHIP, OR TOWNSHIP to which the area is proposed to be

14    annexed.

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

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

17     subdivisions  POLITICAL SUBDIVISION OF THIS STATE who collec-

18    tively hold equitable title as a vendee under a recorded land

19    contract or memorandum of land contract, or record title to 75%

20    or more of the area of the land, exclusive of streets, in the

21    territory proposed for annexation at the time  of filing  the

22    petition IS FILED.

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

24    in the area proposed for annexation.

25         (7)  (8) Where  IF the territory proposed to be annexed to

26     any  A city is adjacent to the city and consists of a park or

27    vacant property located in a township and IS owned by the city



   06962'98
                                   5

 1    annexing the  same  TERRITORY, and there is no one residing

 2     thereon, such  IN THAT TERRITORY, THAT territory may be annexed

 3    to the city solely by resolution of the city council of the city.

 4     or in any case where  IF the territory proposed to be annexed is

 5    adjacent to  the  A city and consists of property owned by the

 6    city or consists of fractional parts of platted subdivision lots,

 7    located in an adjoining city, village, or township,  such  THE

 8    annexation may  also  be accomplished by the affirmative majority

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

10    of the legislative body of  such  THE adjoining city, village, or

11    township.  As an alternate method,  where  IF there are no quali-

12    fied electors residing in the territory proposed to be annexed to

13    the city  ,  other than the person or persons petitioning, a

14    petition signed by a person or persons, firms, corporations, the

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

16     subdivisions  POLITICAL SUBDIVISION OF THIS STATE who collec-

17    tively hold the equitable title as a vendee under a recorded land

18    contract or memorandum of land contract, or record legal title to

19    more than 1/2 of the area of the land in the territory to be

20    annexed is filed with the city council of the city and with the

21    township board of the township in which  such  THAT territory is

22    situated,  such  THE annexation may be accomplished by the affir-

23    mative majority vote of the city council of  such  THE city and

24    the approval of the township board of  such  THE township.  At

25    least 10 days prior to the approval by the township board, the

26    township treasurer shall notify, personally or by registered mail

27    with return receipt  demanded  REQUESTED, the owners of all real



   06962'98
                                   6

 1    property in the territory to be annexed as shown on the

 2    assessment rolls of the township at the last known address on

 3    file with the township treasurer.  This  NEITHER THIS section

 4    NOR 1968 PA 191, MCL 123.1001 TO 123.1020, shall  not  be con-

 5    strued  so as  to give any city, VILLAGE, TOWNSHIP, OR CHARTER

 6    TOWNSHIP the authority to proceed  hereunder  UNDER THIS SECTION

 7    to attach territory from any other city, VILLAGE, TOWNSHIP, OR

 8    CHARTER TOWNSHIP THAT HAS A POPULATION OF 3,000 OR MORE AS SHOWN

 9    BY THE LAST FEDERAL DECENNIAL CENSUS OR ANY SPECIAL FEDERAL OR

10    STATE CENSUS HELD AFTER THE LAST FEDERAL DECENNIAL CENSUS OR HAS

11    A STATE EQUALIZED VALUATION OF $25,000,000.00 OR MORE unless the

12    question  relative thereto  OF THE ANNEXATION has been voted upon

13    by the voters  of the entire cities affected  IN THE TERRITORY

14    PROPOSED FOR ANNEXATION, IF ANY, AND THE BALANCE OF EACH CITY,

15    VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP AFFECTED BY THE ANNEXATION

16    VOTING INDEPENDENTLY, except as  hereinbefore  specifically pro-

17    vided IN THIS SECTION, where the territory proposed to be annexed

18    is adjacent to a city, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP and

19    consists of property owned by the city, VILLAGE, TOWNSHIP, OR

20    CHARTER TOWNSHIP or consists of fractional parts of platted sub-

21    division lots, located in an adjoining city, VILLAGE, TOWNSHIP,

22    OR CHARTER TOWNSHIP.  IF A VOTE IS REQUIRED, THE ANNEXATION SHALL

23    BE CONSIDERED DEFEATED IF A MAJORITY OF THE ELECTORS VOTING ON

24    THE ISSUE IN EITHER THE ANNEXING CITY, VILLAGE, TOWNSHIP OR

25    CHARTER TOWNSHIP IN THE TERRITORY PROPOSED FOR ANNEXATION OR IN

26    THE BALANCE OF THE CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP

27    WITHIN WHICH THE TERRITORY IS LOCATED VOTE AGAINST THE



   06962'98
                                   7

 1    ANNEXATION.  OTHERWISE, THE ANNEXATION SHALL BE CONSIDERED

 2    APPROVED AND EFFECTIVE ON THE DATE SET BY THE STATE BOUNDARY

 3    COMMISSION.

 4         (8)  (9)  The provisions of section 14  shall  ARE not  be 

 5    applicable to an annexation approved by the STATE BOUNDARY com-

 6    mission of part of a township or village to a city except in the

 7    event of outstanding bonds or other evidences of indebtedness of

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

 9    BOUNDARY commission shall determine and order an equitable divi-

10    sion of assets and liabilities  which  THAT relate to the bonds

11    or other indebtedness.

12         (9)  (10)  The provisions of sections 8 and 8a  shall  ARE

13    not  be  applicable to petitions or resolutions filed with the

14    state boundary commission.

15         (10)  (11) After March 31, 1971, and so long as Act No. 191

16     of the Public Acts of 1968  BEGINNING ON THE EFFECTIVE DATE OF

17    THE 1998 AMENDATORY ACT THAT AMENDED THIS SECTION AND IF 1968

18    PA 191, MCL 123.1001 TO 123.1020, is in effect, annexation of

19    territory from a township,  or  village, OR CITY to a home rule

20    city shall be as provided in this section and no other means of

21    annexation shall be effective.















   06962'98          Final page.                            FDD