December 2, 2014, Introduced by Rep. Franz and referred to the Committee on Local Government.
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending section 1 of chapter II, sections 5 and 8 of chapter V,
sections 3a and 4 of chapter VI, section 26 of chapter VII, and
section 6 of chapter XIV (MCL 62.1, 65.5, 65.8, 66.3a, 66.4, 67.26,
and 74.6), section 1 of chapter II as amended by 2004 PA 300,
sections 5 and 8 of chapter V, section 3a of chapter VI, and
section 26 of chapter VII as amended by 1998 PA 255, and section 4
of chapter VI as amended by 2012 PA 10.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER II—OFFICERS.
Sec. 1. (1) Except as provided in subsections (2) and (3), in
each village, the following officers shall be elected: a president,
6 trustees, 1 clerk, and 1 treasurer. The president and trustees
constitute the council. In all votes for which not less than a
majority vote of council is required, the calculation of the number
of votes required shall be based on the maximum number that
constitutes council.
(2) The council by a vote of 2/3 of the members of council may
provide by ordinance for the reduction in the number of trustees to
4 or for the election of all trustees at the same election for 2-
year terms at the first possible election after 2004 who with the
president shall constitute the council, and may provide by
ordinance for the method of changing from 2-year staggered terms to
4-year staggered terms. If village trustees are elected biennially
for staggered 4-year terms, the ordinance shall as nearly as
possible maintain staggered terms and provide for an equal number
of seats to be filled at each election. The ordinance may extend
but shall not shorten the term of an incumbent trustee. The
ordinance may extend a prospective term. The ordinance shall not
shorten or eliminate a prospective term unless the nomination
deadline for that term is not less than 30 days after the effective
date of the ordinance. An ordinance adopted under this subsection
shall satisfy both of the following conditions:
(a) The ordinance shall be voted on and adopted at a meeting
that occurs not less than 10 days after the initial meeting or
public hearing at which the ordinance was considered.
(b)
Notice Before January 1,
2015, notice of each meeting at
which the ordinance is considered indicating that an ordinance
reducing the size of the council or to change the time of election
of the trustees comprising the council will be 1 of the subjects of
the meeting shall be published not less than 10 days before the
meeting in a newspaper of general circulation in the village.
Beginning January 1, 2015, public notice of each meeting at which
the ordinance is considered indicating that an ordinance reducing
the size of the council or to change the time of election of the
trustees composing the council will be 1 of the subjects of the
meeting shall be provided in the manner required under the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) The council by a vote of 2/3 of the members of council may
provide by ordinance for the nomination by the president and the
appointment by the council of the clerk or the treasurer or both
for such a term as the ordinance may provide. The ordinance shall
apply beginning with the first term the nomination deadline for
which would have been not less than 30 days after the effective
date of the ordinance or shall apply when the office is vacated,
whichever occurs first.
(4) The council shall provide that an ordinance adopted under
subsection (2) or (3) takes effect 45 days after the date of
adoption unless a petition signed by not less than 10% of the
registered electors of the village is filed with the village clerk
within the 45-day period, in which case the ordinance takes effect
upon approval at an election held on the question. Notice of the
delayed effect of the ordinance and the right of petition under
this subsection shall be published or posted separately at the same
time, and in the same manner, as the ordinance is published
pursuant
to or posted under section 4 of chapter VI. The village
clerk shall verify the signatures on the petitions. If a petition
bearing the required number of valid signatures of electors is
filed,
the question of adoption of adopting
the ordinance shall be
submitted at the next general or special election. The ballot
language for the question shall be prepared by the village clerk,
unless the question concerns the appointment of the clerk under
subsection (2), in which case the ballot language shall be prepared
by the village council.
(5) A village that has adopted an ordinance reducing the
number of trustees to 4 or providing for the appointment by the
council of the clerk or treasurer may increase the number of
trustees to 6 or provide for the election of the clerk or treasurer
by the same process as provided in subsection (2) or (3),
respectively, and in subsection (4).
CHAPTER V—VILLAGE COUNCIL.
Sec. 5. (1) The council shall prescribe the rules of its own
proceedings , and shall keep a record of those proceedings. A
majority of the members of council shall be a quorum for the
transaction of business. A lesser number may adjourn and compel the
attendance of absent members in a manner as prescribed by
ordinance.
(2) An office shall not be created or abolished; a street,
alley, or public ground vacated; real estate or an interest in real
estate purchased, leased, sold, or disposed of; or a public
improvement ordered, except by a majority vote of the members of
council.
The vote shall be taken by yeas and nays , and entered in
the journal. However, a tax shall not be increased or a special
assessment imposed except by an affirmative vote of 2/3 of the
members of council.
(3) Money shall not be appropriated except by ordinance or
resolution of the council. An ordinance appropriating money shall
not be passed, or a resolution appropriating money shall not be
adopted, except by a majority vote of the members of council. The
vote
shall be taken by yeas and nays , and
entered in the journal.
Within
Before January 1, 2015,
within 15 days after a meeting of
the council, a synopsis or the entirety of the proceedings,
including the vote of the members, prepared by the clerk and
approved by the president showing the substance of each separate
decision of the council shall be published in a newspaper of
general circulation in the village or posted in 3 public places in
the village. Beginning January 1, 2015, within 15 days after a
meeting of the council, tier B public notice with a link of a
synopsis or the entirety of the proceedings, including the vote of
the members, prepared by the clerk and approved by the president
showing the substance of each separate decision of the council
shall be provided as set forth in the local government public
notice act.
(4) A writing prepared, owned, used, in the possession of, or
retained by the council or by the clerk, treasurer, or other
officer of the village in the performance of an official function
shall be made available to the public in compliance with the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 8. (1) The council may employ a village manager.
(2) The village manager shall serve at the pleasure of the
council.
(3) The council may enter into an employment contract with a
village manager for a period extending beyond the terms of the
members of council, but not exceeding 6 years. An employment
contract with a village manager shall be in writing and shall
specify the compensation to be paid to the village manager, any
procedure for changing compensation, any fringe benefits, and any
other conditions of employment. The contract shall state that the
village manager serves at the pleasure of the council. The contract
may provide for severance pay or other benefits in the event the
employment of the village manager is terminated at the pleasure of
the council. Unless otherwise provided by ordinance adopted under
subsection (4), the council may assign to the village manager only
those powers and duties not required by law to be assigned to or
performed by another official of the village.
(4) The council may adopt an ordinance assigning to the
village manager an administrative duty imposed by this act on the
council; an administrative duty imposed by this act on the village
president; the authority to appoint, remove, direct, or supervise
any employee or appointed official of the village; or supervisory
responsibility over the accounting, budgeting, personnel,
purchasing, and related management functions imposed by this act on
the village clerk and the village treasurer. The council shall
provide in the ordinance that the assignment becomes effective 45
days after the date of adoption and that if a petition signed by
not less than 10% of the registered electors of the village is
filed with the village clerk within the 45-day period, the
ordinance shall not become effective until after the ordinance is
approved at an election held on the question. Notice of the delayed
effect of the ordinance and the right of petition under this
subsection shall be published or posted separately at the same
time, and in the same manner, as the ordinance is published
pursuant
to or posted under section 4 of chapter VI. The village
clerk shall compare the signatures on the petitions to the
signatures of those electors as they appear on the appropriate
registration cards. If a petition bearing the required number of
valid signatures of electors is filed, the clerk shall perform the
acts required for the submission of the question of adoption of the
ordinance at the next general or special election. An ordinance
adopted before December 2, 1985 that conforms substantially with
the requirements of this subsection is valid to the same extent as
if the ordinance had been adopted on or after December 2, 1985.
CHAPTER VI—ORDINANCES.
Sec. 3a. A village may codify, recodify, and continue in code
the village's ordinances, in whole or in part, without the
necessity of publishing or posting the entire code in full. The
ordinance adopting the code and ordinances repealing, amending,
continuing, or adding to the code shall be published or posted as
required by section 4 of this chapter. The publication or posting
shall state where a copy of the entire code can be reviewed and
obtained. The ordinance adopting the code may amend, repeal,
revise, or rearrange ordinances or parts of ordinances by
references to the title only.
Sec.
4. (1) Within Before
January 1, 2015, within 15 days
after an ordinance is passed, the clerk shall publish the ordinance
or a synopsis of the ordinance in a newspaper circulated in the
village. Beginning January 1, 2015, within 15 days after an
ordinance is passed, tier B public notice with a link of the
ordinance or a synopsis of the ordinance shall be provided by the
clerk as set forth in the local government public notice act.
Immediately after the ordinance or synopsis of the ordinance is
published or posted, the clerk shall enter in the record of
ordinances, in a blank space to be left for that purpose under the
record of the ordinance, a signed certificate, stating the date on
which
and the name of the newspaper method
in which the ordinance
was published or posted. The certificate is prima facie evidence of
the publication or posting of the ordinance or the synopsis.
(2) A village may adopt a provision of any state statute for
which the maximum period of imprisonment is 93 days, the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing
code, electrical code, mechanical code, fire protection code,
building code, or other code promulgated by this state, by a
department, board, or other agency of this state, or by an
organization or association that is organized or conducted for the
purpose of developing a code, by reference to the law or code in an
adopting ordinance and without publishing or posting the law or
code in full. The law or code shall be clearly identified in the
ordinance and a statement of the purpose of the law or code shall
be published or posted with the adopting ordinance. Printed copies
of the law or code shall be kept in the office of the village clerk
available for inspection by or distribution to the public during
normal business hours. The village may charge a fee that does not
exceed the actual cost for copies of the law or code distributed to
the
public. The publication in the newspaper or posting shall
contain a notice to the effect that a complete copy of the law or
code is available for public use and inspection at the office of
the village clerk. Except as otherwise provided in this subsection,
a village shall not enforce any provision adopted by reference for
which the maximum period of imprisonment is greater than 93 days. A
village may adopt section 625(1)(c) of the Michigan vehicle code,
1949 PA 300, MCL 257.625, by reference in an adopting ordinance and
shall provide that a violation of that ordinance is a misdemeanor
punishable by 1 or more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
CHAPTER VII—POWERS OF COUNCIL.
Sec.
26. (1) Before proceeding to the beginning construction
of any sewer, drain, or watercourse, all or part of the expense of
which is to be defrayed by special assessment, the council shall
cause
a map to be made of those lands and premises which that in
their
opinion will be benefited and which that they intend to
assess for the cost. Those lands shall constitute a special
assessment
district. ; and the The map shall show the
boundaries
and divisions of all the lots and premises in the district, the
proposed route and location of the improvement through the
district, and the depth, grade, and dimensions of the improvement.
The map, with an estimate of the cost of the proposed work, shall
be
deposited with the clerk. , and Before
January 1, 2015, notice
shall be given by publication in a newspaper of the village for 2
weeks
or by posting copies of such the
notice for 2 weeks, in 3
public places in the village, of the intention to construct the
improvement,
and where the map and estimates can be found, and
appointing
a the time when the council will meet to hear any
suggestions and objections from persons interested or liable to be
assessed for the work. Beginning January 1, 2015, tier A public
notice of the intention to construct the improvement, where the map
and estimates can be found, and the time when the council will meet
to hear any suggestions and objections from persons interested or
liable to be assessed for the work shall be provided as set forth
in the local government public notice act.
(2) The special assessments shall be made in the manner
provided by law.
CHAPTER XIV—MISCELLANEOUS.
Sec.
6. Whenever If the council of any village shall determine
determines
by resolution to alter the boundaries
of such the
village,
either by taking in lands and premises adjoining thereto
adjoined to the village or by taking out any lands and premises
included
in such the village, or both, they shall petition the
county
board of supervisors commissioners of the county in which
such
the lands and premises affected thereby are
situated to make
such
the change. Such The petition shall contain a
description by
metes and bounds of the lands and premises proposed to be added to
or
taken out of such the village, and shall set forth the reasons
for
the proposed change, and shall contain a copy of the resolution
of the council in relation thereto, and shall be signed by the
president
and clerk of such the village. Before such January 1,
2015,
before the petition shall be is presented
to the county board
of
supervisors commissioners,
notice shall be given by the clerk of
the
time and place when the same petition
will be presented for
consideration , by publishing the same notice in
a newspaper
published
in such the village for at least 3 weeks immediately
preceding
before the presentation of the same, petition, and if no
a
newspaper is not published
in such the village, then by posting
the
same notice in at least 3 of the most public places within the
village , and in at least 3 of the most public places of the
territory
directly affected. thereby. Such Beginning January 1,
2015, before the petition is presented to the county board of
commissioners, tier A public notice of the time and place when and
where the petition will be presented for consideration shall be
provided by the clerk as set forth in the local government public
notice act. The notice shall also contain a description of the
premises
proposed to be taken in or out of the boundaries of such
the
village. At the time of presenting such
the petition, all
parties
interested may appear before such the county board of
supervisors
commissioners and be heard touching the proposed
boundaries
of such the village.
, and after such After the hearing
and
due consideration of such the
petition, it shall be is the
duty
of
the county board of supervisors commissioners to order and
determine
as to whether the prayer contained in the petition or any
part
thereof of the petition shall be granted. , and they The
county
board of commissioners shall make an
order of such the
determination, which order shall be entered upon their records, and
thereupon
the boundaries of such the
village shall be fixed and
shall
exist as provided in such the
order, and a certified copy
thereof
of the order shall be transmitted to the clerk of such the
village
and to the secretary of state. , and such The order shall
be
is prima facie evidence of such the change
of boundaries of such
the
village and of the regularity of such
the proceedings in all
courts and places.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.