House Introduced Bill 4720

HOUSE BILL No. 4720


     May 3, 2001, Introduced by Reps. Gilbert, Sanborn, Jamnick, Tabor, DeVuyst, Middaugh, 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 1895 PA 3, entitled

   "The general law village act,"

   by amending section 6 of chapter XIV (MCL 74.6) and by adding

   section 6b to chapter XIV.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                 CHAPTER XIV

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           Sec. 6.  (1)  Whenever the council of any village shall

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      determine  IF THE COUNCIL DETERMINES by resolution to alter the

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      boundaries of  such  THE village, either by  taking in lands and

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      premises  ANNEXING TERRITORY adjoining  thereto  THE VILLAGE
   or

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      by  taking out any lands and premises  DETACHING TERRITORY

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      included in  such  THE village, or both,  they  THE COUNCIL
   shall

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      petition the COUNTY board of  supervisors  COMMISSIONERS of the

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      county in which  such lands and premises affected thereby are

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      THE TERRITORY IS situated to make  such  THAT change.   Such 
   THE


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      PETITION SHALL BE SIGNED BY THE PRESIDENT AND CLERK OF THE

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      VILLAGE. THE petition shall  contain a  INCLUDE ALL OF THE

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      FOLLOWING:

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           (A) A description by metes and bounds of the  lands and

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      premises  TERRITORY proposed to be  added to or taken out of such

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      village, and shall set forth the  ANNEXED OR DETACHED.

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           (B) THE reasons for the proposed BOUNDARY change.  ,and

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      shall contain a

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           (C) A copy of the resolution of the council in relation

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       thereto, and shall be signed by the president and clerk of such

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      village  TO THE BOUNDARY CHANGE.

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           (2) Before  such  THE petition  shall be  IS presented to

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      the board of  supervisors notice shall be given by the clerk

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      COMMISSIONERS, THE VILLAGE CLERK SHALL GIVE NOTICE of the time

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      and place when the  same  PETITION will be presented for consid-

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      eration, by  publishing the same  PUBLICATION in a newspaper

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       published in such village for at least 3  OF GENERAL CIRCULATION

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      IN THE VILLAGE NOT LESS THAN ONCE EACH WEEK FOR 3 CONSECUTIVE

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      weeks immediately preceding the presentation of the  same, and if

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      no newspaper is published in such village, then  PETITION OR by

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      posting the  same  NOTICE in at least 3  of the most  public

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      places within the village NOT LOCATED IN ANY TERRITORY PROPOSED

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      TO BE ANNEXED OR DETACHED, and in at least 3  of the most  public

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      places  of  IN the territory  directly affected thereby.  Such

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      PROPOSED TO BE ANNEXED OR DETACHED.  THE notice shall also con-

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      tain a description of the  premises  TERRITORY proposed to be





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       taken in or out of the boundaries of such village.  At the time

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      of presenting such petition all  ANNEXED OR DETACHED.

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           (3) IF A PETITION IS PRESENTED, INTERESTED parties

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       interested  may appear before  such  THE COUNTY board of

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       supervisors  COMMISSIONERS and be heard  touching the proposed

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      boundaries of such village, and after such hearing and due con-

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      sideration of such petition, it shall be the duty of the board of

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      supervisors to order and determine as to whether the prayer con-

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      tained in the petition or any part thereof shall be granted, and

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      they shall make an order of such determination, which order shall

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      be entered upon their records, and thereupon the boundaries of

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      such  ON THE PROPOSAL.  AFTER THE HEARING AND, IF REQUIRED UNDER

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      SECTION 6B OF THIS CHAPTER, A VOTE ON A PROPOSED ANNEXATION, THE

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      COUNTY BOARD OF COMMISSIONERS SHALL ISSUE AND ENTER IN ITS

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      RECORDS AN ORDER DETERMINING WHETHER TO GRANT ALL OR PART OF THE

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      BOUNDARY CHANGE PETITIONED FOR.  UPON ISSUANCE OF THE ORDER, AND

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      SUBJECT TO VOTER APPROVAL UNDER SECTION 6B OF THIS CHAPTER, THE

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      BOUNDARIES OF THE village shall be fixed and shall exist as pro-

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      vided in  such order, and a certified copy thereof shall be

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      transmitted  THE ORDER.  UPON ISSUANCE OF THE ORDER, THE COUNTY

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      CLERK SHALL TRANSMIT A COPY OF THE ORDER to the clerk of  such

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      THE village and to the secretary of state.  , and such  THE order

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      shall be prima facie evidence of  such  THE change of boundaries

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      of  such  THE village and of the regularity of  such  THE

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      proceedings.  in all courts and places.

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           SEC. 6B.  (1) A VILLAGE SHALL NOT PROCEED TO ANNEX TERRITORY

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      UNDER SECTION 6 OF THIS CHAPTER FROM ANY OTHER VILLAGE OR A CITY,



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      TOWNSHIP, OR CHARTER TOWNSHIP UNLESS THE QUESTION OF THE

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      ANNEXATION HAS BEEN VOTED UPON BY THE VOTERS IN THE TERRITORY

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

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      VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP AFFECTED BY THE ANNEXATION

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      VOTING INDEPENDENTLY.

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           (2) IF A VOTE IS REQUIRED UNDER SUBSECTION (1), THE ANNEXA-

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      TION SHALL BE CONSIDERED DEFEATED IF A MAJORITY OF THE ELECTORS

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      VOTING INDEPENDENTLY ON THE ISSUE IN THE ANNEXING VILLAGE, THE

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

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      VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP WITHIN WHICH THE TERRITORY

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      PROPOSED FOR ANNEXATION IS LOCATED VOTE AGAINST THE ANNEXATION.

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      OTHERWISE, THE ANNEXATION SHALL BE CONSIDERED APPROVED AND EFFEC-

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      TIVE WHEN THE COUNTY BOARD OF COMMISSIONERS ENTERS AN ORDER

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      APPROVING THE ANNEXATION UNDER SECTION 6 OF THIS CHAPTER.





























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