SENATE BILL NO. 789 October 6, 1999, Introduced by Senator MC COTTER and referred to the Committee on Local, Urban and State Affairs. A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 6 and 9b (MCL 117.6 and 117.9b), section 6 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) Cities may be incorporated,orterritory MAY 2 BE detachedtherefrom orFROM A CITY SUBJECT TO THE CONDITIONS 3 SET FORTH IN SECTION 9B, TERRITORY MAY BE addedtheretoTO A 4 CITY, or consolidation made of 2 or more cities or villages into 5 1 city, or of a city and 1 or more villages into 1 city, or of 1 6 or more cities or villages together with additional territory not 7 included within any incorporated city or village into 1 city, by 8 proceedings originating by petition.thereforEXCEPT AS 9 OTHERWISE PROVIDED IN THIS SECTION, THE PETITION SHALL BE signed 03683'99 FDD 2 1 by THE NUMBER of qualified electors who are freeholders residing 2 within the cities, villages, or townships to be affected, 3thereby, to a numberREPRESENTING not less than 1% of the popu- 4 lation of the territory affectedtherebyaccording to the last 5 preceding United States census, or according to a census to be 6 taken ashereinafterprovided IN THIS SECTION, whichnumber7 QUALIFIED ELECTORS shall be in no case less than 100, and not 8 less than 10 of the signatures tosuchTHE petition shall be 9 obtained from each city, village, or township to be affected by 10 the proposed change.: Provided, That in11 (2) IN the incorporation of a city from an existing village 12 without change of boundaries, the requisite number of signatures 13 may be obtained from throughout the village without regard to the 14 townships in which the signers are residents.: Provided fur-15ther, That as an alternate method in16 (3) IN the case of an annexation proceeding in which there 17 are less than 10 persons qualified to sign the petition living in 18thatAN unincorporated territory of any township or townships 19 proposed to be annexed to a city,thatthe signatures on the 20 petition of persons, firms, corporations, the United States gov- 21 ernment, or the state or any of its subdivisions who collectively 22 hold equitable title as vendees under a recorded land contract or 23 memorandum of land contract, or record legal title to more than 24 1/2 of the area of the land exclusive of streets, in the terri- 25 tory to be annexed at the time of filing the petition, will suf- 26 fice in lieu of obtaining 10 signatures from the township in 27 whichsuchTHE area to be annexed lies.: And provided03683'99 3 1further, That on suchON THAT petition each signature shall be 2 followed by a description of the land and the area represented 3therebyand a sworn statement shall also accompanysuchTHE 4 petition giving the total area of the land, exclusive of streets, 5 lying within the area proposed to be annexed.: Provided fur-6ther, That before7 (4) BEFORE any signatures are obtained on a petition as 8hereinbeforeprovided IN THIS SECTION,suchTHE petition 9 shall have attached to it a map or drawing showing clearly the 10 territory proposed to be incorporated, detached, or added, and 11 each prospective signer shall be shownsuchTHE map or drawing 12 before signing the petition.Such13 (5) A petition shall be verified by the oath of 1 or more 14 petitioners. 15 (6) The county clerk upon the presentment of a petition for 16 incorporation of a new city for filing shallforthwithestimate 17 all necessary expense that may be incurred by the county in the 18 incorporation proceedings, and the clerkthereuponshall 19 require thatthe sum so estimatedAMOUNT, which in no case 20 shall exceed $500.00, be deposited with the clerk and shall 21 refuse to accept the petition for filing untilthe sum is so22 THAT AMOUNT IS deposited.: Provided, That in23 (7) IN proceedings for the incorporation of a new city or 24 the consolidation of 2 or more cities or villages into 1 city, or 25 of a city and 1 or more villages into 1 city or of 1 or more 26 cities or villages together with additional territory not 27 included within any incorporated city or village into 1 city, a 03683'99 4 1 petition signed by not less than 100 qualified electors who are 2 freeholders residing within the territorysoproposed to be 3 incorporated or consolidated,praying for the taking of4 REQUESTING a census of the inhabitants of the territory affected, 5thereby,may be filed with the county clerk of the county 6 within whichsaidTHE territory is located. The county clerk 7 shall, within 5 days after the filing ofsuchTHAT petition, 8 certify to the mayor of each city, president of each village, and 9 supervisor of each township affected,thereby,and to the sec- 10 retary of state thatsuchTHE petition hassobeen filed. 11 Within 5 days after the service ofsuchTHE certificate, the 12 secretary of state shall appoint an enumerator or enumerators to 13 enumerate the inhabitants of eachsuchcity, village, and the 14 portion of each township proposed to besoincorporated, ora15consolidation made thereofCONSOLIDATED. Before entering upon 16 the duties ofsaidoffice, eachsuchenumerator shall take 17 and subscribe to the constitutional oath of office beforesome18 AN officer authorized to administer oaths and filethe sameHIS 19 OR HER OATH with the secretary of state and with the county clerk 20 of the county in whichsuchTHE territory is located.It21shall be the duty of eachEACH enumeratorsoappointedto22 SHALL enumerate all of the bona fide inhabitants ofsuchTHE 23 city, village, or township, territory or portionthereofOF 24 TERRITORY assigned to the enumerator by the secretary of state 25 and to visit each house or dwelling and to obtain the names of 26 each known resident.thereof.The city, village, or township 27 within which the services of the enumerator are rendered shall 03683'99 5 1 pay forsuchTHOSE services, together with any actual and 2 necessary expenses incurred by the enumerator. The rate of pay 3 and actual and necessary expenses of the enumerator shall be set 4 by the governing body of the city, village, or township in which 5 the census takes place. Upon completingsuchTHE enumeration, 6it shall be the duty ofthepersons so appointed to7 ENUMERATORS SHALL make a return in duplicate ofsuchTHE enu- 8 meration showing the names of the inhabitants of eachsuch9 city, village, or township, territory, or district to the county 10 clerk and to the secretary of state. Nosuchenumeration or 11 census shall be conducted in any city, village, or township, or 12 portionthereof,OF A CITY, VILLAGE, OR TOWNSHIP, within 2 13 years of the date of the last enumeration insuchTHAT 14 territory. Everysuchenumeration shall be conducted under the 15 general supervision and control of the secretary of state whois16hereby empowered toMAY make rules and regulations for the pur- 17 pose of carrying outthe provisions ofthis act. 18 Sec. 9b. (1)In addition to the detachment procedures oth-19erwise authorized by this act, territoryTERRITORY may be 20 detached from a city ONLY if all of the following conditions are 21 met: 22 (a) The territory to be detached was annexed to the city 23 after the city was incorporated. 24 (B) THE TERRITORY TO BE DETACHED WAS ANNEXED TO THE CITY NOT 25 LESS THAN 5 YEARS PRIOR TO THE DATE THE TERRITORY IS TO BE 26 DETACHED. 03683'99 6 1 (C) THE CITY HAS NOT PROVIDED INFRASTRUCTURE IMPROVEMENTS IN 2 THE TERRITORY TO BE DETACHED. 3 (D)(b)The territory to be detached is to be reattached 4 to the municipality from which that territory was annexed. 5 (E)(c)The city does not provide waterorSERVICE, 6 sewer service, OR OTHER UTILITIES in the territory to be 7 detached. 8 (F) THE DETACHMENT IS APPROVED BY A MAJORITY VOTE OF THE 9 QUALIFIED ELECTORS RESIDING IN THE TERRITORY PROPOSED TO BE 10 DETACHED AND BY A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESID- 11 ING IN THE REMAINING PORTION OF THE CITY COUNTED SEPARATELY. 12 (G)(d)The council of the city from which the territory 13 is being detached approves a resolution authorizing the detach- 14 ment of the territory and confirming an agreement relating to the 15 detachment. 16 (H)(e)The legislative body of the municipality from 17 which the territory to be detached was annexed approves a resolu- 18 tion authorizing detachment of the territory and confirming an 19 agreement related to the detachment. 20 (2) The city and municipality involved in a detachment under 21 this section may enter into an intergovernmental agreement 22whichTHAT imposes conditions on the detachment. The condi- 23 tions may include, but need not be limited to, building restric- 24 tions and zoning within the territory to be detached. 25 (3) Territory detached under this section is immediately 26 reannexed to the detaching city if any of the following occurs: 03683'99 7 1 (a) The city can and agrees to provide water and sewer 2 services, the city certifies these facts to the state boundary 3 commission, and the state boundary commission finds that the city 4 can provide water and sewer services to this territory. 5 (b) The municipality to which the territory was reattached 6 fails to comply with the intergovernmental agreement, the city 7 certifies that fact to the state boundary commission, and the 8 state boundary commission finds that the municipality is not in 9 compliance. 10 (4) Reannexation pursuant to subsection (3)shallIS not 11besubject to the annexation requirements and restrictions of 12 this act; Act No. 191 of the Public Acts of 1968, being sec-13tions 123.1001 to 123.1020 of the Michigan Compiled Laws; or Act14No. 359 of the Public Acts of 1947, being sections 42.1 to 42.3415of the Michigan Compiled LawsOR ANY OF THE FOLLOWING: 16 (A) 1968 PA 191, MCL 123.1001 TO 123.1020. 17 (B) THE CHARTER TOWNSHIP ACT, 1947 PA 359, MCL 42.1 TO 18 42.34. 19(5) All or part of territory detached under this section20shall not be subject to annexation.03683'99 Final page. 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