HOUSE BILL No. 5437


     December 10, 1997, Introduced by Reps. Birkholz, Brackenridge, Dobronski and Mans and referred to the Committee on Local Government.


        A bill to amend 1895 PA 3, entitled

   "The general law village act,"

   by amending sections 31 and 34 of chapter VIII, sections 1, 4, 5,

   6, 7, 8, 9, 13, 14, 15, 16, 17, 20, 21, 22, 24, and 25 of chapter

   IX, sections 1, 2, 3, 4, 5, 6, 9, and 11 of chapter X,

   sections 1, 5, 6, 8, 9, 10, and 11 of chapter XI, sections 1, 3,

   4, 5, 6, 7, 8, and 9 of chapter XII, sections 1, 2, 3, 4, and 5

   of chapter XIII, and sections 3, 5, 6, 7, 18a, 19, 20, 21, and 22

   of chapter XIV (MCL 68.31, 68.34, 69.1, 69.4, 69.5, 69.6, 69.7,

   69.8, 69.9, 69.13, 69.14, 69.15, 69.16, 69.17, 69.20, 69.21,

   69.22, 69.24, 69.25, 70.1, 70.2, 70.3, 70.4, 70.5, 70.6, 70.9,

   70.11, 71.1, 71.5, 71.6, 71.8, 71.9, 71.10, 71.11, 72.1, 72.3,

   72.4, 72.5, 72.6, 72.7, 72.8, 72.9, 73.1, 73.2, 73.3, 73.4, 73.5,

   74.3, 74.5, 74.6, 74.7, 74.18a, 74.19, 74.20, 74.21, and 74.22),

   section 15 of chapter IX as amended by 1984 PA 179, sections 1


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   and 4 of chapter X as amended by 1985 PA 173, section 5 of

   chapter XII as amended by 1983 PA 44, and section 18a of chapter

   XIV as added by 1988 PA 33, and by adding section 7a to chapter

   IX, sections 13, 14, 15, 16, and 18 to chapter X, sections 12,

   13, and 14 to chapter XI, and sections 18b, 18c, 18d, 18e, 18f,

   and 23 to chapter XIV; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1               CHAPTER VIII--IMPROVEMENTS AND ASSESSMENTS.

 2         Sec. 31.  The council of the village by adopting a resolu-

 3    tion PURSUANT TO SECTION 5 OF CHAPTER V may determine that the

 4    whole or a part of the expense of a local public improvement or

 5    repair shall be defrayed by special assessments upon the property

 6    specially benefited.

 7         Sec. 34.  (1)  An action  may not be instituted for the

 8     purpose of contesting or enjoining  TO CONTEST OR ENJOIN the col-

 9    lection of a special assessment SHALL BE INSTITUTED UNDER THE TAX

10    TRIBUNAL ACT, 1973 PA 186, MCL 205.701 TO 205.779.  unless:  (a)

11     Within 45 days after the confirmation of the special assessment

12     roll, written notice is given to the council indicating an inten-

13     tion to file such an action and stating the grounds on which it

14     is claimed that the assessment is illegal; and (b) the action is

15     commenced within 90 days after the confirmation of the roll.

16          (2) If a portion of an assessment roll is determined to be

17     illegal, in whole or in part, the council may revoke its confir-

18     mation, correct the illegality, if possible, or reconfirm it.

19     Property which is not involved in the illegality may not be




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 1    assessed more than was imposed upon the original confirmation

 2     without further notice and hearing thereon. 

 3                    CHAPTER IX--FINANCE AND TAXATION.

 4         Sec. 1.  (1) ACTIONS TAKEN BY THE COUNCIL UNDER THIS CHAPTER

 5    ARE SUBJECT TO THE VOTING REQUIREMENTS OF SECTION 5 OF CHAPTER

 6    V.

 7         (2) The council  shall have authority to  MAY raise, by gen-

 8    eral tax upon the real and personal property liable to taxation

 9    in  said  THE village (exclusive of taxes for highway and street

10    purposes and not otherwise provided for in this act),  such  A

11    sum not exceeding in any 1 year  1 1/4 of 1 per cent  1-1/4% of

12    the assessed value of  such  THAT property,  as they shall deem

13     necessary for the purpose of defraying  TO DEFRAY the general

14    expenses and liabilities of the  corporation  VILLAGE, and to

15    carry into effect the powers in this act granted.  The  moneys 

16    MONEY so raised  shall constitute  CONSTITUTES a "general fund

17     . ".

18         Sec. 4.  The council may for the purpose of purchasing

19    grounds for a cemetery, raise by general tax a sum not exceeding

20    in any 1 year, 1/4 of  1 per cent  1% of the assessed value of

21    the property in the village.  :  Provided, That the whole amount

22     which may be so raised for the purchase of grounds for such pur-

23     pose, shall not at any time exceed 5,000 dollars.  The council

24    may, for the purpose of maintaining the cemetery, raise by gen-

25    eral tax a sum not exceeding in any 1 year 1/10 of  1 per cent 

26    1% of the assessed value of the property in the village.





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 1         Sec. 5.  The council may  raise  by special assessment upon

 2    THE lands  in sewer districts and special assessment districts,

 3     for the purpose of defraying the cost and expense of grading,

 4     paving, planking, and graveling streets, and for constructing

 5     drains and sewers, and for making other local improvements,

 6     charged upon the lands in the district in proportion to frontage

 7     or benefits, such sums as they shall deem necessary to defray the

 8     costs of such improvements.  Moneys  BENEFITED DEFRAY THE EXPENSE

 9    OF CONSTRUCTING AND MAINTAINING STREETS, SIDEWALKS, CURBS, GUT-

10    TERS, LIGHTING, DRAINS, WATER MAINS, SANITARY AND STORM WATER

11    SEWER SYSTEMS AND DISPOSAL PLANTS, AND OTHER LOCAL IMPROVEMENTS

12    AUTHORIZED BY LAW. MONEY raised by special assessments to  pay

13     the cost  DEFRAY THE EXPENSE of any such local improvement shall

14    be held as a special fund to pay  such cost and  THE expense, or

15    to repay  moneys  MONEY borrowed  therefor  FOR THE IMPROVEMENT.

16         Sec. 6.  The council shall raise annually by taxation an

17    amount such that the estimated collections  therefrom  will be

18    sufficient to promptly pay when due the interest, that portion of

19    the principal, and the required sinking fund deposits on the out-

20    standing bonds or other evidences of indebtedness, or assessments

21    or contract obligations in anticipation of which bonds were

22    issued, falling due prior to the time of the following year's tax

23    collections.  which  THE tax shall be without limitation as to

24    rate or amount and in addition to any other tax the village may

25    levy but shall not be in excess of the rate or amount necessary

26    to pay the principal and interest or assessments or contract

27    obligations.  If at the time of making an annual tax levy,



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 1    surplus  moneys are  MONEY IS on hand for the payment of

 2    principal or interest and provision for  the  disposition

 3     thereof  OF THE MONEY was not made, then credit  therefor  FOR

 4    THE SURPLUS may be taken  upon the moneys  AGAINST THE AMOUNT TO

 5    BE RAISED for principal or interest as the case may be.  The

 6    money so raised shall be used solely for the purpose stated in

 7    this section.

 8         Sec. 7.  Within 2 weeks after an annual village election FOR

 9    MEMBERS OF THE COUNCIL, the council shall audit and settle the

10    accounts of the treasurer and other officers of the village, and

11    so far as practicable, of all persons having claims against the

12    village.  , and shall make out a statement in detail of the

13     receipts and expenditures of the corporation during the preceding

14     year, which statement shall distinctly show the amount of all

15     taxes raised during the year for all purposes, and the amount

16     raised for each fund; the amount levied by special assessment,

17     and the amount collected on each; and the items and amounts

18     received from all other sources during the year, the items of all

19     expenditures made during the year, and the objects thereof, clas-

20     sifying the same for each purpose separately, and containing

21     other information as shall be necessary to a full understanding

22     of the financial concerns of the village.  The statement, signed

23     by the president and clerk, shall be filed in the office of the

24     clerk, and a copy of the statement shall be published in a news-

25     paper circulated in the village not less than 7 days before the

26     next annual village election. 





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 1         SEC. 7A.  THE FISCAL YEAR OF A VILLAGE SHALL COMMENCE ON

 2    MARCH 1 OF EACH YEAR.  THE COUNCIL MAY BY ORDINANCE ADOPT ANOTHER

 3    DATE FOR THE COMMENCEMENT OF THE VILLAGE'S FISCAL YEAR.  THE

 4    FISCAL YEAR OF ANY VILLAGE SUBJECT TO THIS ACT WHICH COMMENCES ON

 5    A DATE OTHER THAN MARCH 1 ON THE EFFECTIVE DATE OF THE AMENDATORY

 6    ACT THAT ADDED THIS SECTION IS HEREBY RATIFIED AND SHALL CONTINUE

 7    UNTIL CHANGED OR MODIFIED PURSUANT TO THIS SECTION.

 8         Sec. 8.  The  assessor of every  TREASURER OF A village

 9    subject to  the provisions of  this act shall, in each year, at

10    and within the same time as required by the general laws of this

11    state for the assessment of property in the townships of this

12    state, make an assessment roll containing a description of all

13    the real property and the aggregate amount of all the personal

14    property liable under the laws of the state to taxation in the

15    village, and the name of the owner, agent, or OTHER person liable

16    to pay taxes.  therein if known, and the names of all persons

17     liable to pay poll tax in the village, and  THE TREASURER shall

18     set down in such  RECORD ON THE roll the valuation of such prop-

19    erty, at its value, as determined by the assessor of the township

20     wherein  WHERE the property is located, placing the value of the

21    real and personal property in separate columns.  ; and in so

22     doing he  IN FULFILLING THE REQUIREMENTS OF THIS SECTION, THE

23    TREASURER shall conform to and be governed by the  provisions of 

24    law governing supervisors of townships performing like services,

25    unless otherwise in this act provided.  :  Provided, That

26     whenever  HOWEVER, IF in any year it  shall not be  IS NOT

27    necessary to raise any money by taxation in  any  A village, the



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 1    council of  such  THE village may so determine by resolution, and

 2     when so determined by the council they  shall certify  such  THE

 3    determination to the  assessor, and such assessor  TREASURER.

 4    THE TREASURER shall not make any assessment roll of property in

 5     such  THE village for  such  THAT year.

 6         Sec. 9.  The board of review of the township  wherein the

 7     properties of  WHERE the village  are  IS located  ,  shall

 8    review the assessment roll in the same manner, at the same time

 9    and place, and pursuant to the same processes as provided in sec-

10    tions 28 to 33 of  Act No. 206 of the Public Acts of 1893, as

11     amended, being sections 211.28 to 211.33 of the Compiled Laws of

12     1948  THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.28 TO

13    211.33.

14         Sec. 13.  The council, after an examination of the assess-

15    ment roll, shall certify  the same  to the  assessor  TREASURER

16    THE ASSESSMENT ROLL, together with the amount which they require

17    to be raised by general tax, for highway and other general pur-

18    poses  ;  and all amounts of special assessments which they

19    require to be reassessed upon any lands  ,  OR premises  , or

20     against any person,  with a particular description of the lands

21    and property to be reassessed, and the amounts to be reassessed

22    upon each parcel of land, and the name or names, so far as known,

23    of the persons chargeable with  such tax, which certificate,  THE

24    ASSESSMENT.  THE CERTIFICATE SHALL BE endorsed upon or annexed to

25    the roll  , shall be  AND signed by the president and clerk.

26         Sec. 14.  Upon receiving the assessment roll, with the

27    certificate of the several amounts to be raised,  thereon,  as



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 1    provided in  the preceding  section 13 OF THIS CHAPTER, the

 2    assessor shall  proceed to  estimate, apportion, and set down in

 3    columns opposite to the several valuations of real and personal

 4    property on the roll, in proportion to the individual and partic-

 5    ular estimates and valuations, the respective sums in dollars and

 6    cents, apportionable to each; placing the general fund taxes and

 7    all general taxes, except those for highway purposes, in 1

 8    column; the general highway taxes in another column; the street

 9    district taxes, if any, in a third column; all special assessment

10    taxes in a fourth column;  and shall also set down in another

11     column on the roll 1 dollar opposite the name of every person

12     liable to pay a poll-tax in the village;  and the total of all

13    taxes assessed to each valuation  shall be carried into  IN the

14    last column of the roll.  The  assessor  TREASURER shall also

15    foot up the amounts carried to the last column,  as aforesaid, 

16    and certify upon the roll the aggregate amounts of the taxes

17    levied.  therein. 

18         Sec. 15.  After extending the taxes as provided in this

19     act, and not later than the first day of July, the assessor shall

20     cause the assessment roll, certified under his or her hand, to be

21     delivered to the treasurer, with the  THE warrant of the presi-

22    dent of the village SHALL BE annexed to the roll, directing and

23    requiring  him or her  THE TREASURER to collect from the persons

24    named in the roll the sums mentioned opposite their respective

25    names, as a tax or assessment, and authorizing him or her, in

26    case any person named on the roll shall neglect or refuse to pay

27    the sums, to  levy the same by distress and sale of his, her, or



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 1    their goods and chattels, together with the costs and charges of

 2     the distress and sale, and directing him or her  COLLECT THE

 3    SUMS, TOGETHER WITH FEES AND CHARGES, IN THE MANNER PROVIDED IN

 4    SECTION 17 OF THIS CHAPTER.  THE WARRANT SHALL DIRECT THE

 5    TREASURER to collect all taxes by a certain day as determined

 6    under section 18 of this chapter.  The president may renew the

 7    warrant from time to time, by order of the council, and for a

 8    time as the council shall direct, except that the time shall not

 9    be extended later than the last day of February of the year fol-

10    lowing the levy of the village taxes.

11         Sec. 16.  Immediately upon receiving the tax roll, with the

12    warrant  thereto  annexed, as provided in section 15 OF THIS

13    CHAPTER, the treasurer shall proceed to collect the taxes levied

14     therein  according to the direction of  said  THE warrant,

15    together with  such percentage thereon for collection fees as

16     shall be authorized by the council  THE FEES AUTHORIZED BY LAW.

17         Sec. 17.  In case any person shall neglect or refuse to pay

18     any  IF A PERSON, INCLUDING A FIRM OR CORPORATION, DOES NOT PAY A

19    tax imposed upon  any  real or personal property belonging to

20     him, as aforesaid  THAT PERSON, the treasurer shall  levy the

21     same by distress and sale of the goods and chattels of the said

22     person liable to pay the same, wherever such goods and chattels

23     may be found, either in said village or elsewhere in the county

24     where such village is located, or in any adjoining county, first

25     giving public notice of such sale in the manner and for the time

26     required by law in case of such sales made by township

27     treasurers, and for such purpose and for the collection of the



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 1    taxes aforesaid, the treasurer may bring suit therefor, and 

 2    COLLECT THE TAX BY SEIZING THE PERSONAL PROPERTY OF THAT PERSON

 3    LOCATED IN THIS STATE IN AN AMOUNT SUFFICIENT TO PAY THE TAX, THE

 4    FEES, AND CHARGES FOR SUBSEQUENT SALE OF THE PROPERTY.  NO PROP-

 5    ERTY OF THE PERSON SHALL BE EXEMPT FROM SUCH SEIZURE.  THE TREA-

 6    SURER SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 47 OF THE

 7    GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.47.  THE TREASURER

 8    shall have  all  the SAME powers and perform the  like  SAME

 9    duties, so far as applicable, as  are conferred upon or required

10     of  township treasurers, in the collection of taxes levied in

11    townships.

12         Sec. 20.  Whenever  IF the treasurer  shall be  IS unable

13    to collect any tax assessed upon personal property in the vil-

14    lage,  it shall be lawful for  the treasurer of the village  to

15     bring suit  MAY BRING AN ACTION, in the name of the village, for

16    the recovery  thereof  OF THE TAX, against the person or persons

17    against whom the tax was assessed, before any court of competent

18    jurisdiction, and  to  take and use all lawful means provided by

19    law for the collection of debts to enforce the payment of  such

20     tax; and in  THE TAX.  IN such cases,  all  the provisions of law

21    applicable to suits and the evidence therein, brought by township

22    treasurers in the name of their township for such purposes,

23     shall  apply.  THE COURT SHALL ORDER THE PERSON OR PERSONS

24    ASSESSED THE PERSONAL PROPERTY TAX TO PAY THE ACTUAL COSTS OF

25    SUIT INCURRED BY THE TREASURER, INCLUDING A REASONABLE ATTORNEY

26    FEE, IN ADDITION TO OTHER STATUTORY COSTS.





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 1         Sec. 21.  The council may borrow, in any year, in

 2     anticipation of the collection of taxes subject to Act No. 202 of

 3     the Public Acts of 1943, as amended, being sections 131.1 to

 4     138.2 of the Michigan Compiled Laws, such sums as it deems

 5     necessary  SUBJECT TO THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL

 6    131.1 TO 139.3, THE COUNCIL MAY BORROW MONEY, and give notes of

 7    the village,  therefor  IN ANTICIPATION OF 1 OR MORE OF THE

 8    FOLLOWING:

 9         (A) THE RECEIPT OF REVENUE SHARING PAYMENTS UNDER THE STATE

10    REVENUE SHARING ACT OF 1971, 1971 PA 140, MCL 141.901 TO

11    141.921.

12         (B) THE COLLECTION OF TAXES UNDER THE MUNICIPAL FINANCE ACT,

13    1943 PA 202, MCL 131.1 TO 139.3.

14         Sec. 22.  (1) Should any greater amount be required in any

15    year for any lawful purpose than can OTHERWISE be raised by the

16    council under  the foregoing provisions of  this chapter,  such 

17    THE amount may be raised by tax or loan, or partly by tax and

18    partly by loan.  The amount that may be voted or raised, by tax,

19     if  IF approved by a majority vote of the electors at an annual

20    or special village election, THE COUNCIL MAY LEVY A TAX WHICH, in

21    any year,  under the provisions of this section,  shall not

22    exceed 2% of the assessed valuation of the real and personal

23    property within the village, as shown by the last preceding

24    assessment roll of the village.

25         (2) The amount of indebtedness incurred by the issue of

26    bonds or otherwise, including existing indebtedness,  may  SHALL

27    not exceed 10% of the assessed valuation of the real and personal



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 1    property within the village subject to taxation as shown by the

 2    last preceding assessment roll of the village.  Bonds issued in

 3    anticipation of the collection of special assessments even though

 4    the bonds are a general obligation of the village, motor vehicle

 5    highway fund bonds even though they are a general obligation of

 6    the village, revenue bonds, or bonds issued or contract or

 7    assessment obligations incurred to comply with an order of the

 8     water resources commission  DEPARTMENT OF ENVIRONMENTAL QUALITY

 9    or a court of competent jurisdiction, even though they are a gen-

10    eral obligation of the village and bonds issued or contract or

11    assessment obligations incurred for water supply, sewage, drain-

12    age, or refuse disposal necessary to protect the public health by

13    abating pollution even though they are a general obligation of

14    the village, are not included in this limitation.  Moneys  MONEY

15    on hand in a sinking fund limited to the payment of indebtedness

16    may be treated as a reduction of the indebtedness to that

17    extent.  In case of fire, flood, or other calamity requiring an

18    emergency fund for the relief of the inhabitants of the village,

19    or for the repairing or rebuilding of any of its municipal build-

20    ings, works, bridges, or streets, the  governing body of the

21     village  COUNCIL may borrow money due in not more than 3 years

22    and in an amount not exceeding 1/4 of 1% of the assessed valua-

23    tion of the village, notwithstanding that the loan may increase

24    the indebtedness of the village beyond the limitations fixed by

25     its charter or in this act.  When  THIS SECTION.  IF a village

26    is authorized to acquire or operate a public utility, the village

27    may issue mortgage bonds therefor beyond the general limit of



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 1    bonded indebtedness prescribed by  law  THIS SECTION.  The

 2    mortgage bonds issued beyond the limit of general indebtedness

 3    prescribed by  law  THIS SECTION shall not impose any liability

 4    upon the village, but shall be secured only upon the property and

 5    revenues of the public utility, including its franchise, stating

 6    the terms upon which, in case of foreclosure, the purchaser may

 7    operate the  same  PUBLIC UTILITY; which franchise shall not

 8    extend for a period of more than 20 years from the date of the

 9    sale of the utility and franchise on foreclosure.  All bonds

10     heretofore  issued, or contract or assessment obligations

11     heretofore  incurred, BEFORE JANUARY 30, 1974 are  hereby 

12    validated.

13         Sec. 24.  No money shall be drawn  DISBURSEMENTS MAY BE

14    MADE from the treasury  except in pursuance of the authority and 

15    UNDER EITHER OF THE FOLLOWING PROCEDURES:

16         (A) UPON appropriation  of  BY the council  ,  and  upon 

17    the warrant of the clerk, countersigned by the president.  Such 

18    THE warrant shall specify the fund from which  it  THE MONEY is

19    payable, and shall be paid from no other fund.  No  A warrant

20    shall NOT be drawn upon the treasury after the fund from which it

21    should be paid has been exhausted,  .  Any  AND such A warrant

22     shall be  IS void.  as against the village. 

23         (B) PURSUANT TO AN ORDINANCE OR RESOLUTION UNDER SECTION 5

24    OF CHAPTER V.

25         Sec. 25.  A loan may not be made by the council or by its

26    authority in any year, exceeding the amounts prescribed in this

27    act.  For a loan lawfully made, the bonds of the village may be



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 1    issued subject to  Act No. 202 of the Public Acts of 1943, as

 2     amended, bearing a rate of interest not exceeding  THE MUNICIPAL

 3    FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3.  INTEREST ON THE

 4    BONDS SHALL NOT EXCEED the maximum rate permitted by  Act No. 202

 5     of the Public Acts of 1943, as amended  THE MUNICIPAL FINANCE

 6    ACT, 1943 PA 202, MCL 131.1 TO 139.3.  The bonds shall be exe-

 7    cuted in the manner  as  DIRECTED BY the council.  directs. 

 8    Bonds  heretofore  issued or indebtedness  heretofore  incurred

 9    by a village BEFORE JANUARY 30, 1974 are  hereby  validated.

10         CHAPTER X--FIRES AND FIRE DEPARTMENT, POLICE DEPARTMENT.

11         Sec. 1.  The council may  enact such ordinances and estab-

12     lish and enforce such regulations as the council considers neces-

13     sary to guard against the occurrence of fires and to protect the

14     property and persons of the citizens against damage and accident

15     resulting from fires, and for this purpose to  ADOPT ORDINANCES

16    AND REGULATIONS TO PROTECT AGAINST FIRES AND MAY establish and

17    maintain a fire department and organize and maintain fire

18    companies.  Unless otherwise provided in an ordinance adopted

19    under section 8 of chapter V, the council may employ and appoint

20    fire fighters; and make and establish rules and regulations for

21    the government of the department, the employees, fire fighters,

22    and officers of the department; and for the care and management

23    of the  engines, apparatus  VEHICLES, EQUIPMENT, property, and

24    buildings  pertaining to  OF the department.  FIRE FIGHTERS SHALL

25    COMPLY WITH THE FIRE FIGHTERS TRAINING COUNCIL ACT OF 1966, 1966

26    PA 291, MCL 29.361 TO 29.377.





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 1         Sec. 2.  The council may purchase and provide suitable  fire

 2     engines and apparatus  VEHICLES AND EQUIPMENT for the

 3    extinguishment of fires;  and may sink wells and construct cis-

 4     terns and reservoirs in the streets, public grounds and other

 5     suitable places in the village, and make all necessary

 6     provisions  PROVIDE for a convenient supply of water for the use

 7    of the FIRE department.

 8         Sec. 3.  The council may also provide or erect all necessary

 9    buildings for keeping the  engines, carriages, teams and fire

10     apparatus  VEHICLES AND EQUIPMENT of the FIRE department.

11         Sec. 4.  The council may provide by ordinance or resolution

12    for the appointment of a chief of the fire department, who shall

13    be subject to the direction of the president and the regulations

14    of the council.  The chief of the fire department shall supervise

15    and direct the department, and the care and management of the

16     fire engines, apparatus  VEHICLES, EQUIPMENT, and property OF

17    THE DEPARTMENT.  This section is subject to an ordinance adopted

18    under section 8 of chapter V.

19         Sec. 5.  The chief of the fire department, or other officer

20    acting as such, may command any person present at a fire to aid

21    in  the  ITS extinguishment  thereof,  and to assist in the pro-

22    tection of property thereat.  If any person shall wilfully

23     disobey  A PERSON WHO WILLFULLY DISOBEYS any such lawful require-

24    ment or other lawful order of  any such officer he shall be

25     deemed  THE OFFICER IS guilty of a misdemeanor  , and upon con-

26     viction thereof, shall be punished  PUNISHABLE by imprisonment

27     in the county jail for a period not exceeding  FOR NOT MORE THAN



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 1    90 days, or by a fine  not exceeding $100.00 dollars, or by both

 2     such fine and imprisonment in the discretion of the court  OF NOT

 3    MORE THAN $100.00, OR BOTH.

 4         Sec. 6.  (1) THE COUNCIL MAY PROVIDE BY ORDINANCE FOR THE

 5    STORAGE AND HANDLING OF COMBUSTIBLE, EXPLOSIVE, OR OTHER HAZARD-

 6    OUS SUBSTANCES.

 7         (2) THE COUNCIL MAY PROVIDE BY ORDINANCE FOR THE PREVENTION

 8    AND SUPPRESSION OF FIRES.  THE ORDINANCE MAY PRESCRIBE, BUT NEED

 9    NOT BE LIMITED TO, THE MANNER OF CONSTRUCTION OF BUILDINGS AND

10    OTHER STRUCTURES WITHIN THE VILLAGE OR CERTAIN DISTRICTS OF THE

11    VILLAGE.

12         (3) The council may provide by ordinance for the appointment

13    of FIRE INSPECTORS, and may appoint  such number of fire wardens

14     as may be deemed necessary; and  FIRE INSPECTORS.  THE ORDINANCE

15    MAY PROVIDE for the PERIODIC examination by  them from time to

16     time,  THE FIRE INSPECTORS of the stoves, furnaces, and heating

17    apparatus and devices in all dwellings, buildings, and structures

18    within the village, and in all places where combustible or explo-

19    sive substances are kept, and  to cause all such as are unsafe

20     with respect to fire,  AUTHORIZE FIRE INSPECTORS TO REQUIRE

21    STOVES, FURNACES, AND HEATING APPARATUS AND DEVICES THAT POSE A

22    FIRE HAZARD to be put in a safe condition.

23         (4) THE AUTHORITY GRANTED UNDER THIS SECTION IS SUBJECT TO

24    STATE AND FEDERAL LAW.

25         Sec. 9.  Every building or structure  which may be  erected,

26    placed, enlarged, or kept, in violation of any ordinance or

27    regulation lawfully made for the prevention of fires, is  hereby



   05065'97
                                  17

 1    declared to be  a nuisance, and may be abated or removed by the

 2    direction of the council UNDER PROCEDURES SET FORTH IN AN ORDI-

 3    NANCE ADOPTED FOR THAT PURPOSE.

 4         Sec. 11.  (1) The chief in charge of the department at any

 5    fire, with the concurrence of the president or any 2 trustees,

 6    may cause any building to be pulled down or destroyed  , when

 7     deemed necessary in order  to arrest the progress of the fire.

 8     Whenever any 

 9         (2) IF A building is so pulled down or destroyed,  any  A

10    person having an interest in  such  THE building may present

11     his  A claim for damages to the council of  such  THE village.

12     , and it shall thereupon be the duty of the council to pay such 

13    THE COUNCIL SHALL PAY THE claimant  such  damages as may be just

14    under all the circumstances, taking into consideration  the fact 

15    whether or not such loss would probably have occurred to  such 

16    THE building EVEN if it had not been pulled down or destroyed,

17    and whether the  same  BUILDING was insured or not.

18         (3) If the council and  such  THE claimant  shall not be 

19    ARE NOT able to agree upon the amount of damages to be paid,

20     such claimant,  then the amount of  such  damages shall be

21    ascertained by the appraisal of a jury to be selected in the same

22    manner as in cases of a jury to appraise damages for taking pri-

23    vate property for public use.  Such  THE jury may visit the

24    premises and may hear all the proofs in the case, and shall allow

25     such  THE claimant  such  THE amount of damages as they may

26     deem  CONSIDER proper under  all the circumstances, as above





   05065'97
                                  18

 1    stated.  If such jury shall not be  THE STANDARD SET FORTH IN

 2    SUBSECTION (2).

 3         (4) IF THE JURY IS NOT able to agree, a new jury shall be

 4    empaneled as  above  provided IN SUBSECTION (3) until a jury  has

 5     been  IS obtained that  shall  DOES agree.  , and the 

 6         (5) THE council shall pay such claimant the amount of dam-

 7    ages fixed by  such  A jury UNDER SUBSECTION (3) OR (4).  There

 8     shall be no appeal from the verdict of such jury either by the

 9     village or any claimant. 

10         SEC. 13.  (1) THE COUNCIL MAY ESTABLISH A POLICE FORCE, AND

11    MAY AUTHORIZE THE PRESIDENT TO APPOINT, WITH THE CONSENT OF THE

12    COUNCIL, THE NUMBER OF POLICE OFFICERS AND OTHER PERSONNEL THAT

13    THE COUNCIL CONSIDERS EXPEDIENT FOR THE GOOD GOVERNMENT OF THE

14    VILLAGE AND PROTECTION OF PERSONS AND PROPERTY.  THE COUNCIL BY

15    ORDINANCE MAY DELEGATE AUTHORITY TO THE POLICE CHIEF TO EMPLOY

16    POLICE OFFICERS AND OTHER PERSONNEL.  THIS SUBSECTION IS SUBJECT

17    TO AN ORDINANCE ADOPTED UNDER SECTION 8 OF CHAPTER V.

18         (2) THE POLICE FORCE SHALL COMPLY WITH THE MINIMUM EMPLOY-

19    MENT STANDARDS FOR LAW ENFORCEMENT OFFICERS PUBLISHED BY THE LAW

20    ENFORCEMENT COUNCIL UNDER THE MICHIGAN LAW ENFORCEMENT OFFICERS

21    TRAINING COUNCIL ACT OF 1965, 1965 PA 203, MCL 26.601 TO 26.616.

22         SEC. 14.  THE COUNCIL SHALL ADOPT RULES FOR THE GOVERNMENT

23    OF THE POLICE, PRESCRIBE THE POWERS AND DUTIES OF POLICE OFFICERS

24    AND OTHER PERSONNEL, AND INVEST THEM WITH AUTHORITY NECESSARY FOR

25    THE PRESERVATION OF QUIET AND GOOD ORDER IN THE VILLAGE.  THE

26    POLICE SHALL SUPPRESS RIOTS, DISTURBANCES, AND BREACHES OF THE

27    PEACE; ARREST ANY PERSON FLEEING FROM JUSTICE; APPREHEND UPON



   05065'97
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 1    VIEW ANY PERSON FOUND VIOLATING A STATE LAW OR VILLAGE ORDINANCE

 2    IN A MANNER INVOLVING A BREACH OF THE PEACE AND, UNLESS THE VIO-

 3    LATION CONSTITUTES A CIVIL INFRACTION, TAKE THE OFFENDER BEFORE

 4    THE PROPER MAGISTRATE OR OFFICER, TO BE PUNISHED; MAKE COMPLAINTS

 5    BEFORE THE PROPER MAGISTRATE OF ANY PERSON KNOWN OR BELIEVED BY

 6    THE POLICE TO HAVE VIOLATED A STATE LAW OR VILLAGE ORDINANCE;

 7    SERVE PROCESS THAT MAY BE DELIVERED TO THE POLICE FOR THAT PUR-

 8    POSE; AND GENERALLY PERFORM DUTIES REQUIRED BY THE COUNCIL FOR

 9    THE GOOD GOVERNMENT OF THE VILLAGE.

10         SEC. 15.  THE PRESIDENT MAY NOMINATE AND THE COUNCIL MAY

11    APPOINT A CHIEF OF POLICE OF THE VILLAGE.  THE POLICE CHIEF SHALL

12    SERVE AT THE PLEASURE OF THE COUNCIL, UNLESS THE COUNCIL HAS

13    AGREED TO SOME OTHER CONDITION OF APPOINTMENT, AND IS SUBJECT TO

14    THE DIRECTION OF THE PRESIDENT AND COUNCIL, OR, IF PROVIDED BY

15    ORDINANCE ADOPTED UNDER SECTION 8 OF CHAPTER V, THE VILLAGE

16    MANAGER.  THE POLICE CHIEF SHALL SEE THAT ALL THE ORDINANCES AND

17    REGULATIONS OF THE COUNCIL, MADE FOR THE PRESERVATION OF QUIET,

18    AND GOOD ORDER, AND THE PROTECTION OF PERSONS AND PROPERTY, ARE

19    PROMPTLY ENFORCED.

20         SEC. 16.  (1) A PEACE OFFICER OF THE VILLAGE, WITHIN THE

21    VILLAGE, IS VESTED WITH ALL THE POWERS CONFERRED UPON SHERIFFS

22    FOR THE PRESERVATION OF QUIET AND GOOD ORDER AND HAS THE POWER TO

23    SERVE AND EXECUTE ALL PROCESS DIRECTED OR DELIVERED TO THE POLICE

24    CHIEF, IN ALL PROCEEDINGS FOR VIOLATIONS OF THE ORDINANCES OF THE

25    VILLAGE.







   05065'97
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 1         (2) A POLICE OFFICER OF A VILLAGE HAS THE SAME AUTHORITY

 2    WITHIN THE VILLAGE AS A DEPUTY SHERIFF TO EXECUTE A BENCH WARRANT

 3    FOR ARREST ISSUED BY A COURT OF RECORD OR A MUNICIPAL COURT.

 4         SEC. 18.  (1) THE COUNCIL MAY BY ORDINANCE CREATE A DEPART-

 5    MENT OF PUBLIC SAFETY AND DELEGATE TO IT ALL THE POWER, AUTHORI-

 6    TY, AND DUTIES WHICH MAY BE EXERCISED BY A FIRE DEPARTMENT OR A

 7    POLICE DEPARTMENT OR BOTH.

 8         (2) THE DEPARTMENT OF PUBLIC SAFETY SHALL BE HEADED BY THE

 9    DIRECTOR OF PUBLIC SAFETY, WHO SHALL BE THE COMMANDING OFFICER OF

10    THE DEPARTMENT.  THE PRESIDENT SHALL NOMINATE AND THE COUNCIL

11    APPOINT THE DIRECTOR OF PUBLIC SAFETY.  THE DIRECTOR OF PUBLIC

12    SAFETY IS SUBJECT TO THE DIRECTION OF THE PRESIDENT AND COUNCIL,

13    OR, IF PROVIDED BY ORDINANCE ADOPTED UNDER SECTION 8 OF CHAPTER

14    V, THE VILLAGE MANAGER.

15         (3) IF AUTHORIZED BY ORDINANCE, THE DIRECTOR OF PUBLIC

16    SAFETY MAY EMPLOY PUBLIC SAFETY OFFICERS AND OTHER PERSONNEL.

17    THE DIRECTOR OF PUBLIC SAFETY SHALL DIRECT THE POLICE AND FIRE

18    WORK OF THE VILLAGE AND BE RESPONSIBLE FOR THE ENFORCEMENT OF LAW

19    AND ORDER, THE PROTECTION OF LIFE AND PROPERTY AGAINST FIRE, AND

20    THE PERFORMANCE OF OTHER PUBLIC SERVICES OF AN EMERGENCY NATURE

21    ASSIGNED TO THE DEPARTMENT OF PUBLIC SAFETY.

22         (4) IF A DEPARTMENT OF PUBLIC SAFETY IS ESTABLISHED, A REF-

23    ERENCE TO THE CHIEF OF POLICE OR THE CHIEF OF THE FIRE DEPARTMENT

24    CONTAINED IN A STATE STATUTE OR VILLAGE ORDINANCE SHALL BE CON-

25    SIDERED TO REFER TO THE DIRECTOR OF PUBLIC SAFETY.







   05065'97
                                  21

 1         (5) THE COUNCIL MAY STRUCTURE THE DEPARTMENT OF PUBLIC

 2    SAFETY SO THAT SEPARATE POLICE AND FIRE ENTITIES MAY BE

 3    CONTINUED.

 4                         CHAPTER XI--WATER WORKS.

 5         Sec. 1.  Any village  having a resident population of 200 or

 6     over shall have authority to  MAY purchase or construct and MAY

 7    maintain water works TO PROVIDE THE VILLAGE WITH PURE WATER.

 8     for the introduction of water into the village and supplying the

 9     village and inhabitants thereof with pure and wholesome water,

10     for the extinguishment of fires, the ordinary and extraordinary

11     uses of the inhabitants thereof and for such other purposes as

12     the council may prescribe; and may also construct and maintain a

13     filtration plant for the purification of the water supply of the

14     village. 

15         Sec. 5.  The connecting or supplying pipes, leading from

16    buildings or yards to the distributing pipes, shall be inserted

17    and kept in repair at the expense of the owner or occupant of the

18    building or yard, and shall not be  inserted or  connected with

19    the main pipe until a permit  therefor shall be  IS obtained from

20    the  council  VILLAGE.  All such connecting  CONNECTING or

21    supply pipes shall be constructed and connected in the manner

22    prescribed by ordinance.

23         Sec. 6.  The council shall establish  a scale of  JUST AND

24    EQUITABLE WATER rates to be charged and paid for WATER supply.

25     of water, to be called water rates, and which rates shall be

26     appropriate to different classes of buildings in the village,

27     with reference to their dimension, value, exposure to fires,



   05065'97
                                  22

 1    ordinary or extraordinary uses for dwellings, stores, shops,

 2     hotels, factories, livery stables, barns, and all other build-

 3     ings, establishments and trades, yards, number of families or

 4     occupants or consumption of water, as near as may be practicable,

 5     and from time to time,  THE COUNCIL SHALL PERIODICALLY either

 6    modify, amend, increase, or diminish  such  THE WATER rates.  ;

 7     and the  THE council may prescribe by ordinance  ,  when and to

 8    whom such water rates shall be paid, and what steps shall be

 9    taken to enforce payment  thereof  OF THE WATER RATES, and may

10    provide, in case of  non-payment  NONPAYMENT, that the supply of

11    water may be shut off or stopped as to any person or persons

12    neglecting or refusing to make  such  payment.

13         Sec. 8.  When  IF the council  shall deem it for  CONSIDERS

14    IT IN the public interest,  such water works may be purchased or

15     may be constructed and maintained  THE VILLAGE MAY PURCHASE OR

16    CONSTRUCT AND MAY MAINTAIN A WATER WORKS beyond the corporate

17    limits of the village.  ; and in  IN such case the council  shall

18     have authority to  MAY enforce beyond the corporate limits of the

19    village,  within the county or counties in which such village is

20     situated and,  HAVE CONTROL over the buildings, machinery, and

21    other property belonging to and connected with  such  THE water

22    works, in the same manner and to the same extent as if  they, or

23     it, were  LOCATED within the village,  all such  AND ADOPT AND

24    ENFORCE ordinances and police regulations as may be necessary for

25    the care, protection, preservation, management, and control

26     thereof  OF THE WATER WORKS.





   05065'97
                                  23

 1         Sec. 9.  For the purpose of operating or constructing and

 2    maintaining such water works, the village  shall have the right

 3     to  MAY, AFTER OBTAINING APPROPRIATE RIGHTS AS PROVIDED BY LAW,

 4    use the ground or soil under any street, highway, or road  within

 5     the county or counties within which such village is situated  for

 6    the purpose of introducing water into and through any and all

 7    portions of the village,  on condition that it shall cause the

 8     surface of such street, highway, or road to be relaid and

 9     restored to its usual state without unnecessary delay, and any

10     damage done thereto to be repaired, and such right shall be con-

11     tinuous for the purpose of  AND repairing and relaying water

12    pipes.  upon like conditions. 

13         Sec. 10.  If it shall be necessary, in the judgment of the

14    council, to appropriate private property for the construction,

15     and  maintenance, or  for the due  operation of water works, the

16    right to occupy and hold the same and the ownership  therein and

17     thereto  OR EASEMENT RIGHTS may be acquired by the village in the

18    manner  and with like effect as provided in this act for the

19     taking of private property for public use  PROVIDED BY THE UNI-

20    FORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, MCL 213.51 TO

21    213.75.

22         Sec. 11.  The council may contract from year to year, or for

23    a period  of time  not exceeding 10 years, with  any person or

24     persons, or with any duly authorized corporation, for the supply-

25     ing of such village and the inhabitants thereof, with water, upon

26     such terms and conditions as may be agreed;  A PERSON TO SUPPLY

27    THE VILLAGE WITH WATER and may grant to  such  THE person  ,



   05065'97
                                  24

 1    persons, or corporation  the right to the use of the streets,

 2    alleys, wharves, and public grounds of  such  THE village as

 3     shall be  necessary  to enable such person, persons, or

 4     corporation  to construct, MAINTAIN, and operate proper works for

 5    the supply of water for the  use of such  village  , and the

 6     inhabitants thereof,  upon  such  terms and conditions  as shall

 7     be  specified in  such contracts  THE CONTRACT.

 8         SEC. 12.  UNLESS OTHERWISE PROVIDED BY ORDINANCE ADOPTED

 9    UNDER SECTION 8 OF CHAPTER V, AS DIRECTED BY THE COUNCIL, THE

10    STREET ADMINISTRATOR DESIGNATED UNDER SECTION 13 OF 1951 PA 51,

11    MCL 247.663, SHALL PERFORM, OR CAUSE TO BE PERFORMED UNDER HIS OR

12    HER SUPERVISION, LABOR, REPAIRS, AND IMPROVEMENTS UPON THE HIGH-

13    WAYS, STREETS, SIDEWALKS, ALLEYS, BRIDGES, RESERVOIRS, DRAINS,

14    CULVERTS, SEWERS, PUBLIC GROUNDS, AND PARKS WITHIN THE VILLAGE.

15         SEC. 13.  THE STREET ADMINISTRATOR SHALL PROVIDE THE COUN-

16    CIL, IN WRITING AND ON OATH ONCE IN EACH MONTH, AN EXACT REPORT

17    OF ALL LABOR PERFORMED BY THE STREET ADMINISTRATOR, OR UNDER HIS

18    OR HER SUPERVISION, AND THE CHARGES THEREFORE; THE AMOUNT OF

19    MATERIAL USED, AND THE EXPENSE THEREOF; THE STREET OR OTHER PLACE

20    WHERE THE MATERIAL WAS USED, OR LABOR PERFORMED; AND THE ITEMS

21    AND PURPOSE OF ALL EXPENSES INCURRED SINCE HIS OR HER LAST PRE-

22    CEDING REPORT.

23         SEC. 14.  THE COUNCIL BY ORDINANCE MAY ESTABLISH A DEPART-

24    MENT OF PUBLIC WORKS TO PERFORM THE DUTIES OF THE STREET ADMINIS-

25    TRATOR AND OTHER DUTIES AUTHORIZED BY THIS ACT OR BY THE

26    COUNCIL.  THE ORDINANCE SHALL PROVIDE THAT THE PRESIDENT SHALL

27    NOMINATE AND THE COUNCIL SHALL APPOINT A DIRECTOR OF PUBLIC



   05065'97
                                  25

 1    WORKS.  THE COUNCIL MAY DESIGNATE THE VILLAGE MANAGER AS DIRECTOR

 2    OF PUBLIC WORKS IN AN ORDINANCE ENACTED PURSUANT TO SECTION 8 OF

 3    CHAPTER V.

 4                          CHAPTER XII--LIGHTING.

 5         Sec. 1.  It shall be lawful for any village having a resi-

 6     dent population of not less than 250 inhabitants, to acquire by 

 7    A VILLAGE MAY purchase or  to  construct, AND operate and main-

 8    tain either independently or in connection with the water works

 9    of the village, either within or without the village, works  for

10     the purpose of supplying such village and the inhabitants there-

11     of, or either,  TO SUPPLY THE VILLAGE with gas, electric, or

12    other lights, at such times and on such terms and conditions as

13    DIRECTED BY the council  of any such village shall direct  UNDER

14    THIS CHAPTER.

15         Sec. 3.  In case the council shall declare  TO EXERCISE THE

16    POWERS GRANTED BY SECTION 1 OF THIS CHAPTER, THE COUNCIL SHALL

17    ADOPT A RESOLUTION DECLARING that it is expedient for such vil-

18    lage to acquire by purchase  ,  OR construction,  or reconstruc-

19     tion, as the case may be, works for the purpose of supplying such

20     village and the inhabitants thereof, or either,  AS APPLICABLE,

21    WORKS TO SUPPLY THE VILLAGE with electric or other lights,  then

22     the council shall cause to be made and recorded  AND SHALL MAKE

23    AND RECORD in their proceedings  ,  an estimate of the expense.

24     thereof and the question of raising the amount required for such

25     purpose or such part of such estimate  THE QUESTION OF FINANCING

26    THE ESTIMATED AMOUNT OR THAT PART OF THE ESTIMATED AMOUNT not in

27    excess of limitations on indebtedness of  such  THE village



   05065'97
                                  26

 1    provided by law  and not exceeding such estimate,  shall be

 2    submitted to the electors of the village at its annual election,

 3    or at a special election called for that purpose by the council

 4    as provided in this act.  , and shall be determined as  APPROVAL

 5    OF THE PROPOSAL REQUIRES THE AFFIRMATIVE VOTE OF 2/3 of the elec-

 6    tors voting at such election by ballot.  shall decide:  Provided,

 7     That when villages incorporated under this act, vote to raise a

 8     sum less than such estimate  IF THE VOTERS APPROVE FINANCING A

 9    PART OF THE ESTIMATED AMOUNT NOT IN EXCESS OF THE LIMITATIONS ON

10    INDEBTEDNESS OF THE VILLAGE, the council shall not  have power

11     to  incur any indebtedness for  such purpose  LIGHTING WORKS on

12    the general faith and credit of  such  THE village until the

13    charter  thereof shall have been so  IS amended  as  to permit

14    the issuance of mortgage bonds on  such  THE proposed lighting

15    plant, its revenues and franchise, in excess of the general limi-

16    tations on indebtedness as provided by this act, in an amount

17    equal to the difference between the indebtedness authorized by

18    this act, and  such estimate  THE ESTIMATED AMOUNT.

19         Sec. 4.  (1)  It shall be lawful for any such village to

20     borrow any  A VILLAGE MAY BORROW A sum of money not exceeding 5%

21     per cent  of the assessed value of the property in  said  THE

22    village as shown by the last preceding tax roll, to be used

23    exclusively for the purpose of purchasing or constructing and

24    maintaining  such  lighting works as provided in  the preceding

25     sections of  this chapter.  The council  shall have power to  MAY

26    fix the time and place of the payment of the principal and

27    interest of the debt contracted under the provisions of this



   05065'97
                                  27

 1    chapter, and  to  issue bonds of the village therefor, but the

 2    rate of  such  interest shall not exceed 6%  per cent  per annum,

 3    and  such  THE bonds shall not be sold for less than their par

 4    value.  :  Provided, That the 

 5         (2) THE total amount expended for the purchase or construc-

 6    tion of  such  THE lighting works shall not exceed the amount of

 7    the estimate of expense therefor provided for in section 3 of

 8    this chapter.

 9         Sec. 5.  (1) After lighting works have been purchased or

10    constructed IN THE VILLAGE as provided in this  act  CHAPTER,  in

11     such village,  the council may  then  raise and expend  in making

12     repairs or alterations, or in extending such works, such sum as

13     it may deem advisable  MONEY TO REPAIR, ALTER, OR EXTEND THE

14    LIGHTING WORKS without submitting the question to the electors of

15    the village.  However, the sum to be so raised, in any 1 year,

16    shall be included in, and shall not increase the total amount

17     which, by section 1 of chapter IX,  THAT the council is autho-

18    rized to raise UNDER SECTION 1 OF CHAPTER IX.

19         (2)  In lieu  INSTEAD of raising such funds by tax, the

20    council may, by A contract  , which shall  THAT DOES not impose a

21    general obligation on the village, provide for  such  repairs,

22    alterations, or extensions OF THE LIGHTING WORKS.  Such  THE

23    contract shall provide for payment  therefor  OF THE CONTRACT out

24    of the net revenues which, after payment of obligations due, pro-

25    vision for payment of obligations to become due, and payment of

26    legitimate and necessary operating and other expenses  thereof,

27     shall become  ARE available from the operation of  such  THE



   05065'97
                                  28

 1    LIGHTING works after completion of  such  THE repairs,

 2    alterations, or extensions.  and  THE CONTRACT shall provide for

 3    the retention of title to materials furnished in the seller until

 4    paid for in full.  However, a contract made  pursuant to  UNDER

 5    this section  shall not be construed to  DOES NOT deprive the

 6    people of the village of any right vested in them by the consti-

 7    tution or the laws of this state,  to constitute the granting of

 8     any  GRANT A franchise or its operating equivalent, or  to 

 9    convey title to property to any person not possessed of such

10    title  prior to  BEFORE the execution of  such  THE title retain-

11    ing contract.  Unless an exception from prior approval is avail-

12    able  pursuant to  UNDER subsection (4), a title retaining con-

13    tract shall be approved by the  municipal finance commission 

14    DEPARTMENT OF TREASURY or its successor agency before becoming

15    binding upon the village.  The  municipal finance commission 

16    DEPARTMENT OF TREASURY or its successor agency shall determine

17     their  ITS approval or disapproval upon all of the following

18    factors:

19         (a) Whether  such  THE contract conforms to  the provisions

20     of  this act.

21         (b) Whether after payment of legitimate and necessary oper-

22    ating and other expenses, and payments due or to become due on

23    any existing obligations, the probable revenues pledged to the

24    payment of  such  THE contract will be sufficient to pay the

25    principal and interest on  such  THE contract when due.

26         (c) Whether the cost of the repairs, alterations, or

27    extensions to be paid by  such  THE contract are excessive.



   05065'97
                                  29

 1         (3)  Upon approval of 3/5 of the electors of such village,

 2     the council may, in lieu  INSTEAD of raising  such  funds TO

 3    REPAIR, ALTER, OR EXTEND THE LIGHTING WORKS by tax  ,  as  is 

 4    provided by section 1 of chapter IX, or  in lieu of  using  such 

 5    funds available from the operation of  such  THE LIGHTING works,

 6    as provided in this section, THE COUNCIL MAY borrow money and

 7    issue bonds  for such repair, alteration, or extension of such

 8     lighting works, under the same provisions of section 3 as apply

 9     to the acquiring or construction of such works  IN THE MANNER

10    PROVIDED IN SECTION 3 OF THIS CHAPTER FOR THE ACQUISITION OR CON-

11    STRUCTION OF LIGHTING WORKS, EXCEPT THAT APPROVAL OF THE PROPOSAL

12    REQUIRES THE AFFIRMATIVE VOTE OF 3/5 OF THE ELECTORS VOTING ON

13    THE QUESTION.

14         (4) The requirement of subsection (2) for obtaining the

15    prior approval of the  municipal finance commission  DEPARTMENT

16    OF TREASURY or its successor agency before a title retaining con-

17    tract may become binding  shall be  IS subject to sections 10 and

18    11 of chapter III of  Act No. 202 of the Public Acts of 1943,

19     being sections 133.10 and 133.11 of the Michigan Compiled Laws 

20    THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 133.10 AND 133.11,

21    and the department of treasury shall have the same authority as

22    provided by section 11 of chapter III of  Act No. 202 of the

23     Public Acts of 1943  THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL

24    133.11, to issue an order providing or denying an exception from

25    the prior approval required by subsection (2) for a title retain-

26    ing contract authorized by this section.





   05065'97
                                  30

 1         Sec. 6.  The council  shall have the power to  MAY fix

 2     such  THE just and equitable rates  as may be deemed advisable 

 3    for supplying the  inhabitants of such  village with lights.

 4         Sec. 7.  If it  shall be  IS necessary in the judgment of

 5    the council to appropriate private property for the construction

 6    and maintenance, or for the due operation of lighting works, the

 7     right to occupy and hold the same, and the ownership therein and

 8     thereto may be acquired by the village in the manner and with

 9     like effect as provided in this act for the taking of private

10     property for public use  VILLAGE MAY DO SO IN THE MANNER PROVIDED

11    IN THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, MCL

12    213.51 TO 213.75.

13         Sec. 8.  The council may contract from year to year, or for

14    a period  of time  not exceeding 10 years, with  any person or

15     persons, or with any duly authorized corporation, for the supply-

16     ing of such village or the inhabitants thereof, or both,  A

17    PERSON TO SUPPLY THE VILLAGE with gas, electric, or other lights

18     , upon such terms and conditions as may be agreed;  and may

19    grant to  such  THE person  , persons or corporation  the right

20    to the use of the streets, alleys, wharves, and public grounds of

21     such  THE village as  shall be  necessary  to enable such

22     person, persons or corporation  to construct, MAINTAIN, and oper-

23    ate proper works for the supplying of such light upon  such 

24    terms and conditions  as shall be  specified in  such  THE

25    contract.

26         Sec. 9.  The council may enact such ordinances and adopt

27     such  resolutions  as may be necessary  for the care,



   05065'97
                                  31

 1    protection, preservation, and control of the lighting works, and

 2    all the fixtures, appurtenances, apparatus, buildings, and

 3    machinery connected  therewith  WITH or belonging  thereto  TO

 4    THE LIGHTING WORKS, and to  carry into effect the provisions of

 5     this chapter, and the powers herein conferred in respect to the

 6     erection, purchase, management and control of such works 

 7    EXERCISE THE POWERS GRANTED BY THIS CHAPTER.

 8             CHAPTER XIII--APPROPRIATION OF PRIVATE PROPERTY.

 9         Sec. 1.  Private property may be taken  and appropriated 

10    for public use in  any such  A village for  the purpose of  open-

11    ing, widening, altering, and extending streets, alleys, and ave-

12    nues; for the construction of bridges,  for  public buildings,

13    and  for  other public structures; for public grounds, parks,

14     market places  MARKETPLACES, and spaces; for public wharves,

15    docks, slips, basins, and landings on navigable waters;  , and 

16    for the improvement of  water courses  SANITARY SEWERS, DRAINS,

17    DITCHES, STORM WATER SYSTEMS, WATER SUPPLY SYSTEMS, AND

18    WATERCOURSES;  for sewers, drains and ditches,  for public

19    hospitals;  , pest houses, quarantine grounds and public

20     cemeteries,  and for other lawful and necessary public uses.

21         Sec. 2.  If it shall become necessary to take and appropri-

22     ate private property for the public uses or purposes specified in

23     the preceding section, the right to occupy and hold the same, and

24     the ownership therein and thereto, may be acquired by the village

25     either in the manner, and with like effect, as provided by the

26     general laws of this state relating to the taking of private

27     property for public use in cities and villages, or by instituting



   05065'97
                                  32

 1    and prosecuting the proceedings for that purpose as hereinafter

 2     set forth.  TO INITIATE THE ACQUISITION OF PRIVATE PROPERTY, THE

 3    COUNCIL SHALL ADOPT A RESOLUTION DESCRIBING THE PRIVATE PROPERTY,

 4    DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR

 5    AN IMPROVEMENT DESCRIBED IN SECTION 1 NECESSARY FOR THE USE AND

 6    BENEFIT OF THE PUBLIC, AND DESIGNATING THE PUBLIC IMPROVEMENT.

 7    THE RESOLUTION SHALL DIRECT THAT PROCEDURES TO ACQUIRE THE PROP-

 8    ERTY BE COMMENCED UNDER THE UNIFORM CONDEMNATION PROCEDURES ACT,

 9    1980 PA 87, MCL 213.51 TO 213.75.

10         Sec. 3.  Whenever the council of any such village shall

11     have declared a public improvement to be necessary in the vil-

12     lage, and shall have declared that they deem it necessary to take

13     private property, describing it, for such public improvement,

14     designating it, and that the improvement is for the use or bene-

15     fit of the public, they may by resolution, direct the village

16     attorney to commence the necessary proceedings in behalf of the

17     village, before a justice of the peace of the county in which

18     such village is located, as they may designate or they may by

19     resolution direct that such proceedings be commenced in the cir-

20     cuit court of such county, to carry out the objects of the reso-

21     lution in regard to taking private property by the village for

22     such public use.  IF A VERDICT AND JUDGMENT IN AN ACTION UNDER

23    THE UNIFORM CONDEMNATION PROCEDURES ACT, 1980 PA 87, MCL 213.51

24    TO 213.75, IS RENDERED IN FAVOR OF THE VILLAGE IN THE CIRCUIT

25    COURT, THEN, AFTER THE VERDICT AND JUDGMENT BECOME FINAL, UNLESS

26    THE CAUSE WAS DISCONTINUED, THE VILLAGE CLERK SHALL PROCURE

27    COPIES OF THE JUDGMENT OF THE CIRCUIT COURT AS WELL AS OF THE



   05065'97
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 1    VERDICT OF THE JURY, AND RECORD THEM IN A BOOK OF RECORDS KEPT BY

 2    THE VILLAGE CLERK.  THE BOOK OF RECORDS OF THE PROCEEDINGS KEPT

 3    BY THE VILLAGE CLERK, OR CERTIFIED COPIES THEREOF, SHALL BE

 4    ADMISSIBLE IN EVIDENCE AND HAVE THE SAME EVIDENTIARY EFFECT AS A

 5    COPY OF THE ORDER JUDGMENT OR DECREE OF THE CIRCUIT COURT AUTHEN-

 6    TICATED BY THE JUDGE OR CLERK OF THE COURT UNDER SEAL THEREOF, AS

 7    PROVIDED IN SECTION 2106 OF THE REVISED JUDICATURE ACT OF 1961,

 8    1961 PA 236, MCL 600.2106.

 9         Sec. 4.  In case the council shall direct that such pro-

10     ceedings be commenced before a justice of the peace, the village

11     clerk shall make and deliver to such attorney, as soon as may be,

12     a copy of such resolution certified under seal, and it shall be

13     the duty of such attorney to prepare and file with such justice,

14     in the name of the village, a petition signed by him in his offi-

15     cial character and duly verified by him; to which petition a cer-

16     tified copy of the resolution of the council shall be annexed,

17     which certified copy shall be prima facie evidence of the action

18     taken by the council, and of the passage of said resolution.  The

19     petition shall state, among other things, that it is made and

20     filed as commencement of judicial proceedings by the village in

21     pursuance of this chapter, to acquire the right to take private

22     property for the use or benefit of the public, without consent of

23     the owners, for a public improvement, designating it, for a just

24     compensation to be made.  A description of the property to be

25     taken shall be given and generally the nature and extent of the

26     use thereof that will be required in making and maintaining the

27     improvement shall be stated, and also the names of the owners and



   05065'97
                                  34

 1    others interested in the property, so far as can be ascertained,

 2     including those in possession of the premises.  The petition

 3     shall also state that the council has declared such public

 4     improvement to be necessary and that they deem it necessary to

 5     take the private property described in that behalf for such

 6     improvement for the use or benefit of the public.  The petition

 7     shall ask that a jury be summoned and impaneled to ascertain and

 8     determine whether it is necessary to make such public improve-

 9     ment, whether it is necessary to take such private property as it

10     is proposed to take for the use or benefit of the public, and to

11     ascertain and determine the just compensation to be made

12     therefor.  The petition may state any other pertinent matter or

13     thing and may pray for any other or further relief to which the

14     village may be entitled within the objects of this chapter. 

15         (1) AFTER THE VILLAGE CLERK RECORDS THE FINAL JUDGMENT AND

16    VERDICT AS PROVIDED IN SECTION 30 OF THIS CHAPTER, THE PROPER AND

17    NECESSARY PROCEEDINGS MAY BE TAKEN BY THE COUNCIL FOR THE COLLEC-

18    TION OF THE SUM AWARDED BY THE JURY.

19         (2) IF THE COUNCIL BELIEVES THAT REAL ESTATE IN THE VILLAGE

20    IN THE VICINITY OF THE PROPOSED IMPROVEMENT WILL BE BENEFITED BY

21    THE IMPROVEMENT, THE COUNCIL MAY, BY AN ENTRY IN ITS MINUTES,

22    DETERMINE THAT THE WHOLE OR ANY JUST PROPORTION OF THE COMPENSA-

23    TION AWARDED BY THE JURY, AND OF THE COSTS AND EXPENSES INCURRED

24    IN CONNECTION WITH THE PROCEEDINGS, BE ASSESSED UPON THE OWNERS

25    OR OCCUPANTS OF REAL ESTATE DETERMINED TO BE BENEFITED.  THE

26    COUNCIL SHALL, BY RESOLUTION, FIX AND DETERMINE THE DISTRICT OF

27    THE VILLAGE BENEFITED, AND SPECIFY THE AMOUNT TO BE ASSESSED UPON



   05065'97
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 1    THE OWNERS OR OCCUPANTS OF THE BENEFITED REAL ESTATE.  IN

 2    DETERMINING THE AMOUNT OF SUCH COSTS AND EXPENSES, THE COUNCIL

 3    MAY INCLUDE ALL COSTS AND EXPENSES INCURRED OR PAID FOR JURORS'

 4    FEES, EXPENSES OF ABSTRACTS, ALL SURVEYS AND MAPS, AND ALL OTHER

 5    NECESSARY EXPENSES.  THE AMOUNT OF THE BENEFIT THUS ASCERTAINED

 6    SHALL BE ASSESSED UPON THE OWNERS OR OCCUPANTS OF THE BENEFITED

 7    REAL ESTATE, IN PROPORTION, AS NEARLY AS MAY BE, TO THE ADVANTAGE

 8    WHICH EACH SUCH LOT OR PARCEL IS DEEMED TO ACQUIRE BY THE

 9    IMPROVEMENT.

10         (3) THE ASSESSMENT SHALL BE MADE AND THE AMOUNT LEVIED AND

11    COLLECTED IN THE SAME MANNER AND BY THE SAME OFFICERS AND PRO-

12    CEEDINGS, AS NEAR AS MAY BE, PROVIDED IN SECTIONS 31 TO 35 OF

13    CHAPTER VIII.  THE ASSESSMENT ROLL, WHEN RATIFIED AND CONFIRMED

14    BY THE COUNCIL, SHALL BE FINAL AND CONCLUSIVE AND PRIMA FACIE

15    EVIDENCE OF THE REGULARITY AND LEGALITY OF ALL PROCEEDINGS PRIOR

16    THERETO, AND EACH ASSESSMENT SHALL BE A LIEN ON THE PREMISES ON

17    WHICH IT IS ASSESSED UNTIL THE ASSESSMENT IS PAID.

18         (4) WHATEVER AMOUNT OR PORTION OF SUCH AWARDED COMPENSATION,

19    COSTS, AND EXPENSES IS NOT RAISED BY SPECIAL ASSESSMENT SHALL BE

20    ASSESSED, LEVIED, AND COLLECTED UPON THE TAXABLE REAL ESTATE OF

21    THE VILLAGE, THE SAME AS OTHER GENERAL TAXES ARE ASSESSED AND

22    COLLECTED.  THE VILLAGE MAY PURCHASE ASSESSED PREMISES OR ANY

23    PORTION SOLD FOR NONPAYMENT OF THE AMOUNT ASSESSED.

24         (5) IF THERE IS ON THE PRIVATE PROPERTY TAKEN A BUILDING OR

25    OTHER STRUCTURE, IT MAY BE SOLD BY OR UNDER THE DIRECTION OF THE

26    COUNCIL.  THE AMOUNT PRODUCED BY THE SALE SHALL BELONG AND BE

27    PAID TO THE FUND FOR PAYING THE COMPENSATION AWARDED FOR THE



   05065'97
                                  36

 1    PROPERTY TAKEN, AND THE COUNCIL SHALL CAUSE SUCH AMOUNT TO BE

 2    CREDITED AND APPLIED IN REDUCTION PRO RATA OF THE ASSESSMENT AND

 3    APPORTIONMENT MADE TO PAY FOR THE PROPERTY TAKEN.

 4         Sec. 5.  Upon receiving said petition it shall be the duty

 5     of the said justice to issue a summons signed by him against the

 6     respondents named in such petition, stating briefly the object of

 7     said petition, and commanding them, in the name of the people of

 8     the state of Michigan, to appear before said justice at a time

 9     and place to be named in said summons, not less than 20 nor more

10     than 40 days from the date of the same, and show cause, if any

11     they have, why the prayer of said petition should not be

12     granted.  NOTHING IN THIS CHAPTER PROHIBITS A VILLAGE FROM

13    OBTAINING PRIVATE PROPERTY FOR A PUBLIC USE SPECIFIED IN

14    SECTION 1 OF THIS CHAPTER BY NEGOTIATION AND PURCHASE.

15                       CHAPTER XIV--MISCELLANEOUS.

16         Sec. 3.  When, by the provisions of  IF, UNDER this act,

17    notice of any matter or proceeding is required to be published or

18    posted, an affidavit OR CERTIFICATE of the publication or posting

19     of the same,  made by the  printer  CLERK of the  newspaper in

20     which the same was inserted  VILLAGE, or by some OTHER person in

21     his  THE employ OF THE VILLAGE knowing the facts  , if such

22     notice was required to be by publication, or by the person post-

23     ing the same, when required to be by posting,  shall be prima

24    facie evidence of the facts therein contained  :  Provided, The

25     same be  IF filed with the village clerk within 6 months from the

26    date of the last publication  thereof, or of posting the same  OR

27    POSTING OF THE NOTICE.



   05065'97
                                  37

 1         Sec. 5.  Whenever  IF in any other act  than this  the

 2    governing body of a village is described as the board of trust-

 3    ees, the trustees, or common council, it shall be construed to

 4    mean the body  herein  described IN THIS ACT as the  village 

 5    council.

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

 7     determine  IF THE COUNCIL DETERMINES by resolution to alter the

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

 9     premises  ANNEXING TERRITORY adjoining  thereto  THE VILLAGE or

10    by  taking out any lands and premises  DETACHING TERRITORY

11    included in such village, or both,  they  THE COUNCIL shall peti-

12    tion the COUNTY board of  supervisors  COMMISSIONERS of the

13    county in which  such lands and premises affected thereby are 

14    THE TERRITORY IS situated to make such change.  Such  THE PETI-

15    TION SHALL BE SIGNED BY THE PRESIDENT AND CLERK OF THE VILLAGE.

16    THE petition shall  contain a  INCLUDE ALL OF THE FOLLOWING:

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

18    premises proposed to be  added to or taken out of such village,

19     and shall set forth the  ANNEXED OR DETACHED.

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

21     shall contain a 

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

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

24     village  TO THE BOUNDARY CHANGE.

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

26    the board of  supervisors notice shall be given by the clerk 

27    COMMISSIONERS, THE VILLAGE CLERK SHALL GIVE NOTICE of the time



   05065'97
                                  38

 1    and place when the  same  PETITION will be presented for

 2    consideration, by  publishing the same  PUBLICATION in a newspa-

 3    per  published in such village for at least 3  OF GENERAL CIRCU-

 4    LATION IN THE VILLAGE NOT LESS THAN ONCE EACH WEEK FOR 3

 5    CONSECUTIVE weeks immediately preceding the presentation of the

 6     same, and if no newspaper is published in such village, then 

 7    PETITION OR by posting the  same  NOTICE in at least 3  of the

 8     most  public places within the village NOT LOCATED IN ANY TERRI-

 9    TORY PROPOSED TO BE ANNEXED OR DETACHED, and in at least 3  of

10     the most  public places  of  IN the territory  directly affected

11     thereby.  Such  PROPOSED TO BE ANNEXED OR DETACHED.  THE notice

12    shall also contain a description of the  premises  TERRITORY pro-

13    posed to be  taken in or out of the boundaries of such village.

14     At the time of presenting such petition all  ANNEXED OR

15    DETACHED.

16         (3) WHEN THE PETITION IS PRESENTED, INTERESTED parties

17     interested  may appear before  such  THE COUNTY board of

18     supervisors  COMMISSIONERS and be heard  touching the proposed

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

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

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

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

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

24     be entered upon their records, and thereupon the boundaries of

25     such  ON THE PROPOSAL.  AFTER THE HEARING, THE COUNTY BOARD OF

26    COMMISSIONERS SHALL ISSUE AND ENTER IN ITS RECORDS AN ORDER

27    DETERMINING WHETHER TO GRANT ALL OR PART OF THE BOUNDARY CHANGE



   05065'97
                                  39

 1    PETITIONED FOR.  UPON ISSUANCE OF THE ORDER, THE BOUNDARIES OF

 2    THE village shall be fixed and shall exist as provided in  such

 3     order, and a certified copy thereof shall be transmitted  THE

 4    ORDER.  UPON ISSUANCE OF THE ORDER, THE COUNTY CLERK SHALL TRANS-

 5    MIT A COPY OF THE ORDER to the clerk of  such  THE village and to

 6    the secretary of state.  , and such  THE order shall be prima

 7    facie evidence of such change of boundaries of  such  THE village

 8    and of the regularity of  such  THE proceedings.  in all courts

 9     and places. 

10         (4) THE COUNTY BOARD OF COMMISSIONERS SHALL NOT CONSIDER THE

11    PETITION OF A VILLAGE COUNCIL FOR ANNEXATION OR DETACHMENT OF

12    TERRITORY UNDER THIS SECTION IF THE PETITION IS PRESENTED DURING

13    THE PENDENCY OF A PETITION TO DISINCORPORATE THE VILLAGE FILED

14    UNDER SECTION 18A OF THIS CHAPTER.

15         Sec. 7.  All villages heretofore incorporated  VILLAGES

16    INCORPORATED BEFORE FEBRUARY 19, 1895 under any general or spe-

17    cial law of this state, are  hereby re-incorporated 

18    REINCORPORATED under and made subject to  the provisions of  this

19    act,  such re-incorporation to take effect on the twenty-fifth

20     day of February, A.D. 1895, and all general  EFFECTIVE

21    FEBRUARY 25, 1895.  GENERAL or special laws  by virtue of which

22     such villages have been  UNDER WHICH THOSE VILLAGES WERE incorpo-

23    rated are  hereby repealed from and after the said twenty-fifth

24     day of February, A.D.  REPEALED EFFECTIVE FEBRUARY 25, 1895.

25         Sec. 18a.  (1) Any proposition to vacate incorporation as a

26     village shall be submitted to the qualified electors of the

27     incorporated village at the next general election or at a special



   05065'97
                                  40

 1    election.  In the event the proposition is submitted to the

 2     qualified electors at the next election, on or before August 30,

 3     the village council shall have voted by a majority vote to submit

 4     the proposition to the electors of the village or there shall

 5     have been filed with the village clerk petitions requesting the

 6     submission of the proposition which have been signed by at least

 7     1/4 of the electors of the village as shown by the registration

 8     list as of the close of registration prior to the last village

 9     election, praying that the incorporation of the village be

10     vacated.  The petitions shall be filed with the village clerk

11     within 180 days after the date of the first signature on the

12     first petition.  In the event the proposition is submitted to the

13     qualified electors at a special election, the special election

14     shall not be held less than 60 days after either the date the

15     village council has voted to submit the proposition to the elec-

16  tors of the village or the date there has been filed with the

17     village clerk petitions requesting the submission of the proposi-

18     tion which date has been approved by the county election schedul-

19     ing committee.  The procedures relative to conducting the elec-

20     tion shall be provided in the general election law.

21          (2) The proposition to be submitted by ballot in the village

22     shall be substantially as follows:

23          "Shall the incorporation of the village of _______________

24     be vacated?

25          Yes (     )

26          No  (     )".



        

   05065'97
                                  41

 1         (3) The ballots shall be cast and canvassed, and the results

 2     of the election certified, in the same manner as ballots on any

 3     question submitted to the electors of the village.  If a 2/3

 4     majority of the village votes canvassed are in favor of vacating,

 5     the council, or a majority of the council, shall immediately

 6     cause a transcript of all the proceedings in the case to be cer-

 7     tified to the county clerk of the county in which the village or

 8     the principal part of the village is located and to the secretary

 9     of state.  This act shall not authorize the qualified electors of

10     any incorporated village, or the county board of commissioners,

11     to vacate or alter any recorded plat of the village, or any

12     street or alley in the village. 

13         (1) TO INITIATE THE DISINCORPORATION OF A VILLAGE, THERE

14    SHALL BE FILED WITH THE VILLAGE CLERK A PETITION SIGNED BY NOT

15    LESS THAN 25% OF THE REGISTERED ELECTORS OF THE VILLAGE REQUEST-

16    ING A VOTE ON THE QUESTION OF WHETHER A COMMISSION SHALL BE

17    APPOINTED TO PREPARE A PLAN FOR DISINCORPORATION.

18         (2) A PETITION SHALL DESIGNATE THE TOWNSHIP OR TOWNSHIPS

19    INTO WHICH THE VILLAGE IS PROPOSED TO BE DISINCORPORATED.  A VIL-

20    LAGE SHALL BE DISINCORPORATED INTO THE TOWNSHIP OR TOWNSHIPS IN

21    WHICH IT IS LOCATED, ALONG EXISTING TOWNSHIP BOUNDARIES.

22         (3) AFTER THE PETITION IS FILED WITH THE VILLAGE CLERK A

23    PETITION AFFECTING THE VILLAGE SHALL NOT BE FILED WITH THE STATE

24    BOUNDARY COMMISSION AND A PETITION REQUESTING DISINCORPORATION OF

25    THE VILLAGE INTO A DIFFERENT TOWNSHIP SHALL NOT BE FILED UNDER

26    THIS ACT UNTIL THE DISINCORPORATION PROCESS PROVIDED FOR BY THIS

27    ACT HAS CONCLUDED.



   05065'97
                                  42

 1         (4) BY NOT MORE THAN 14 DAYS AFTER THE PETITION IS FILED,

 2    THE VILLAGE CLERK SHALL VERIFY THE SIGNATURES AND DETERMINE THE

 3    SUFFICIENCY OF THE PETITION.  IF THE CLERK DETERMINES THAT THE

 4    PETITION IS SUFFICIENT, THE QUESTION OF THE DISINCORPORATION OF

 5    THE VILLAGE SHALL APPEAR ON THE BALLOT AT THE NEXT GENERAL OR

 6    SPECIAL ELECTION TO BE HELD IN THE VILLAGE, SUBJECT TO

 7    SECTION 646A OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL

 8    168.646A.  THE VILLAGE CLERK SHALL PREPARE THE BALLOT LANGUAGE,

 9    IN SUBSTANTIALLY THE FOLLOWING FORM:

10             "SHALL A COMMISSION BE APPOINTED TO PREPARE A

11             PLAN FOR THE DISINCORPORATION OF THE VILLAGE OF

12             __________ INTO THE TOWNSHIP(S) OF __________?

13             ( ) YES

14             ( ) NO".

15         (5) IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION

16    VOTE "YES".  A DISINCORPORATION COMMISSION SHALL BE APPOINTED

17    UNDER SECTION 18B.

18         SEC. 18B.  (1) A DISINCORPORATION COMMISSION SHALL BE COM-

19    POSED OF 3 MEMBERS REPRESENTING EACH TOWNSHIP INTO WHICH THE VIL-

20    LAGE IS PROPOSED TO BE DISINCORPORATED AND A NUMBER OF MEMBERS

21    REPRESENTING THE VILLAGE EQUAL TO THE NUMBER OF MEMBERS REPRE-

22    SENTING TOWNSHIPS.

23         (2) THE VILLAGE PRESIDENT WITH APPROVAL OF THE VILLAGE COUN-

24    CIL, SHALL APPOINT THE MEMBERS REPRESENTING THE VILLAGE.  THE

25    TOWNSHIP SUPERVISOR OF A TOWNSHIP, WITH APPROVAL OF THE TOWNSHIP

26    BOARD, SHALL APPOINT THE MEMBERS REPRESENTING THE TOWNSHIP.





   05065'97
                                  43

 1         (3) DISINCORPORATION COMMISSION MEMBERS MAY BE VILLAGE OR

 2    TOWNSHIP OFFICIALS IF THEY ARE FAMILIAR WITH THE FISCAL, LEGAL,

 3    OR OPERATIONAL ASPECTS OF THE VILLAGE OR TOWNSHIP GOVERNMENTS

 4    RESPECTIVELY.

 5         SEC. 18C.  (1) AN INDIVIDUAL ELECTED TO THE DISINCORPORATION

 6    COMMISSION SHALL TAKE THE CONSTITUTIONAL OATH OF OFFICE.

 7         (2) A VACANCY IN THE DISINCORPORATION COMMISSION IS CREATED

 8    IN THE MANNER PROVIDED IN SECTION 3 OF 1846 RS 15, MCL 201.3.

 9         (3) THE GOVERNOR MAY REMOVE A MEMBER OF THE DISINCORPORATION

10    COMMISSION FOR THE REASONS AND IN THE MANNER PROVIDED FOR THE

11    REMOVAL OF TOWNSHIP OFFICERS IN SECTION 369 OF THE MICHIGAN ELEC-

12    TION LAW, 1954 PA 116, MCL 168.369.  IF A MEMBER OF A DISINCORPO-

13    RATION COMMISSION VACATES OFFICE, THE VACANCY SHALL BE FILLED BY

14    APPOINTMENT IN THE SAME MANNER AS PROVIDED IN SUBSECTION (1).

15         SEC. 18D.  (1) THE PRESIDENT OF THE VILLAGE SHALL APPOINT 1

16    OF THE VILLAGE MEMBERS AS CHAIRPERSON OF THE DISINCORPORATION

17    COMMISSION.

18         (2) THE VILLAGE CLERK SHALL CALL THE FIRST MEETING OF THE

19    DISINCORPORATION COMMISSION AND SHALL SERVE AS SECRETARY OF THE

20    COMMISSION AND KEEP ITS MINUTES AND RECORDS.

21         (3) AT ITS FIRST MEETING, THE DISINCORPORATION COMMISSION

22    SHALL ELECT SUCH OTHER OFFICERS IT CONSIDERS ADVISABLE.

23         (4) THE DISINCORPORATION COMMISSION SHALL ADOPT BYLAWS TO

24    GOVERN THE CONDUCT OF ITS BUSINESS.

25         (5) A MAJORITY OF THE MEMBERS OF THE DISINCORPORATION COM-

26    MISSION CONSTITUTES A A QUORUM FOR THE TRANSACTION OF BUSINESS AT

27    A MEETING OF THE COMMISSION.  A MAJORITY OF THE MEMBERS PRESENT



   05065'97
                                  44

 1    AND SERVING IS REQUIRED FOR OFFICIAL ACTION OF THE

 2    DISINCORPORATION COMMISSION.

 3         (6) THE DISINCORPORATION COMMISSION SHALL CONDUCT ITS BUSI-

 4    NESS AT A PUBLIC MEETING HELD IN COMPLIANCE WITH THE OPEN MEET-

 5    INGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

 6         (7) A WRITING PREPARED, OWNED, USED, IN POSSESSION OF, OR

 7    RETAINED BY THE DISINCORPORATION COMMISSION IN THE PERFORMANCE OF

 8    AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION

 9    ACT, 1976 PA 442, MCL 15.231 TO 15.246.

10         SEC. 18E.  (1) THE DISINCORPORATION COMMISSION MAY CONTRACT

11    FOR SUCH CONSULTANTS AND ADVISORS AS MAY BE REASONABLY NECESSARY

12    IN ITS DISCRETION TO CARRY OUT ITS RESPONSIBILITIES.

13         (2) THE VILLAGE COUNCIL SHALL APPROPRIATE FOR THE DISINCOR-

14    PORATION COMMISSION SUFFICIENT FUNDS FOR THE COMMISSION TO REA-

15    SONABLY CARRY OUT ITS RESPONSIBILITIES.

16         (3) THE DISINCORPORATION COMMISSION MAY ACCEPT ANY PRIVATE

17    OR PUBLIC FUNDING.

18         SEC. 18F.  (1) NOT MORE THAN 2 YEARS AFTER THE ELECTION

19    UNDER SECTION 18A APPROVING THE PREPARATION OF A DISINCORPORATION

20    PLAN, THE DISINCORPORATION COMMISSION SHALL ADOPT A DISINCORPORA-

21    TION PLAN FOR THE VILLAGE.  ADOPTION OF A DISINCORPORATION PLAN

22    REQUIRES THE AFFIRMATIVE VOTE OF 2 OF THE MEMBERS REPRESENTING

23    THE VILLAGE AND 2 OF THE MEMBERS REPRESENTING EACH TOWNSHIP OF

24    THE DISINCORPORATION COMMISSION.

25         (2) THE DISINCORPORATION PLAN SHALL PROVIDE AN ORDERLY PRO-

26    CESS FOR DISINCORPORATION OF THE VILLAGE.  THE DISINCORPORATION

27    PLAN SHALL INCLUDE ALL OF THE FOLLOWING ELEMENTS:



   05065'97
                                  45

 1         (A) AN INTERIM LAND USE PLAN AND INTERIM ZONING OF THE

 2    PROPERTY WITHIN THE LIMITS OF THE VILLAGE.

 3         (B) PROVISION FOR PAYMENT OF ALL INDEBTEDNESS OF THE VIL-

 4    LAGE, INCLUDING ANY OUTSTANDING JUDGMENTS, OR JUDGMENTS WHICH MAY

 5    RESULT FROM PENDING OR FUTURE LITIGATION TO WHICH THE VILLAGE MAY

 6    BECOME A PARTY.

 7         (C) DISPOSITION OF REAL AND PERSONAL PROPERTY AND OTHER

 8    ASSETS, INCLUDING FUNDS, DEPOSITS, AND INVESTMENTS.

 9         (D) DISPOSITION OF ALL PUBLIC RECORDS OF THE VILLAGE IN

10    ACCORDANCE WITH A RECORDS RETENTION PLAN AS PROVIDED BY LAW,

11    INCLUDING FILES, BOOKS, AND PAPERS.

12         (E) TRANSFER OR TERMINATION OF EMPLOYEES, AND CONTRACTS OF

13    EMPLOYMENT, AND DISPOSITION OF EMPLOYEE BENEFITS, INCLUDING

14    RETIREMENT, HEALTH AND LIFE INSURANCE, UNEMPLOYMENT COMPENSATION,

15    ACCRUED SICK AND VACATION LEAVE, AND ANY OTHER BENEFITS.

16         (F) JURISDICTION OVER STREETS, ROADS, BRIDGES, ALLEYS, SIDE-

17    WALKS, AND ANY PUBLIC EASEMENTS IN THE VILLAGE, AND FOR THEIR

18    MAINTENANCE AND REPAIR, INCLUDING STREET LIGHTS AND SNOW

19    REMOVAL.

20         (G) JURISDICTION OVER TRAFFIC CONTROL AND TRAFFIC CONTROL

21    DEVICES.

22         (H) PROVISION FOR ANY SPECIAL ASSESSMENTS OR SPECIAL ASSESS-

23    MENT DISTRICTS WITHIN THE VILLAGE, INCLUDING BUT NOT LIMITED TO,

24    GRAVEL MAINTENANCE, STREET SWEEPING, AND PRIVATE ROAD SERVICE.

25         (I) THE TRANSFER OR TERMINATION OF PUBLIC UTILITIES AND

26    PUBLIC SERVICES OF THE VILLAGE, INCLUDING, BUT NOT LIMITED TO,





   05065'97
                                  46

 1    WATER, SEWER, DRAINAGE, CABLE TELEVISION, STREET LIGHTING,

 2    ELECTRIC SERVICE, AND GARBAGE AND REFUSE SERVICE.

 3         (J) REGULATION OR ORDERLY TRANSFER OF RESPONSIBILITY FOR ANY

 4    SPECIAL DISTRICTS, INCLUDING BUT NOT LIMITED TO, ESTABLISHED HIS-

 5    TORIC DISTRICTS, DOWNTOWN DEVELOPMENT DISTRICTS, TAX INCREMENT

 6    FINANCING DISTRICTS, AND LAND SUBJECT TO ANY LAND TRANSFER

 7    AGREEMENTS.

 8         (K) PROVISION FOR ANY AUTHORITIES THAT THE VILLAGE HAS

 9    ESTABLISHED OR IN WHICH THE VILLAGE IS A MEMBER.

10         (l) FINDINGS AS TO THE FISCAL IMPACT OF DISSOLUTION UPON THE

11    TOWNSHIP OR TOWNSHIPS INTO WHICH THE VILLAGE IS PROPOSED TO BE

12    DISINCORPORATED AND THE RESIDENTS OF THE VILLAGE, INCLUDING THE

13    ESTIMATED REVENUES GAINED BY THE TOWNSHIP AND LOSSES TO EACH

14    MUNICIPALITY FROM PROPERTY TAXES AND FROM STATE REVENUE SHARING

15    AND FROM GAS AND WEIGHT TAX REVENUES DISTRIBUTED BY THIS STATE TO

16    THE VILLAGE AND ANY TOWNSHIP INTO WHICH THE VILLAGE IS PROPOSED

17    TO BE DISINCORPORATED.

18         (M) A PROCESS FOR THE RESOLUTION OF ANY DISPUTE THAT MAY

19    ARISE OVER THE IMPLEMENTATION OF THE PLAN, IF ADOPTED, AND THE

20    PROCEDURE THAT A PARTY TO ANY SUCH DISPUTE MAY UTILIZE FOR THIS

21    PROCESS.

22         (3) THE DISINCORPORATION COMMISSION MAY MAKE FINDINGS AS TO

23    THE EFFECT OF DISINCORPORATION UPON COLLATERAL MATTERS INCLUDING,

24    BUT NOT LIMITED TO, PROPERTY VALUES, PUBLIC SERVICE LEVELS AND

25    COSTS, AND LOCAL PROPERTY TAX RATES.

26         Sec. 19.  (1)  Upon receiving the transcript of the

27     proceedings in submitting to a vote of the electors the question



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 1    of vacating the incorporation of any village, properly certified

 2     to as provided in the preceding section, the county clerk shall

 3     lay the same before the board of supervisors of the county at its

 4     next regular annual meeting, and it shall thereupon be the duty

 5     of the board of supervisors to pass a resolution vacating the

 6     incorporation of such village.  UPON ADOPTION OF THE DISINCORPO-

 7    RATION PLAN, THE DISINCORPORATION COMMISSION SHALL SUBMIT A COPY

 8    OF THE PLAN TO THE GOVERNOR.  THE GOVERNOR SHALL APPROVE THE DIS-

 9    INCORPORATION PLAN IF IT COMPLIES WITH STATE AND FEDERAL LAW.

10    OTHERWISE, THE GOVERNOR SHALL DISAPPROVE OF THE PLAN.  THE GOVER-

11    NOR SHALL SUBMIT A STATEMENT OF APPROVAL OR A STATEMENT OF DISAP-

12    PROVAL OF THE PLAN TO THE DISINCORPORATION COMMISSION NOT MORE

13    THAN 60 DAYS AFTER THE GOVERNOR'S RECEIPT OF THE PLAN.  A STATE-

14    MENT OF DISAPPROVAL SHALL INCLUDE AN EXPLANATION OF THE REASONS

15    FOR THE DISAPPROVAL.

16         (2) AFTER RECEIPT OF A STATEMENT OF DISAPPROVAL OF THE GOV-

17    ERNOR UNDER SUBSECTION (1), THE COMMISSION MAY REVISE THE PLAN OF

18    DISINCORPORATION.  THE SAME REQUIREMENTS THAT APPLY UNDER SUBSEC-

19    TION (1) AND SECTION 18F TO THE ADOPTION OF THE ORIGINAL PLAN OF

20    DISINCORPORATION SHALL APPLY TO THE ADOPTION OF A REVISED PLAN OF

21    DISINCORPORATION, EXCEPT THAT THE DISINCORPORATION COMMISSION

22    SHALL SUBMIT A REVISED PLAN OF DISINCORPORATION TO THE GOVERNOR

23    NOT MORE THAN 90 DAYS AFTER THE DISINCORPORATION COMMISSION'S

24    RECEIPT OF THE GOVERNOR'S STATEMENT OF DISAPPROVAL OF THE ORIGI-

25    NAL PLAN OF DISINCORPORATION FROM THE GOVERNOR.

26         (3) IF THE DISINCORPORATION COMMISSION DOES NOT SUBMIT A

27    REVISED PLAN OF DISINCORPORATION TO THE GOVERNOR AFTER RECEIPT OF



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 1    A STATEMENT OF THE GOVERNOR'S DISAPPROVAL OF A DISINCORPORATION

 2    PLAN UNDER SUBSECTION (1), THE DISINCORPORATION COMMISSION MAY

 3    RESOLVE BY A VOTE AS DESCRIBED IN SECTION 18F TO SUBMIT THE PLAN

 4    OF DISINCORPORATION OR REVISED PLAN OF DISINCORPORATION TO A VOTE

 5    OF THE ELECTORS.  NOT MORE THAN 14 DAYS AFTER ADOPTION OF SUCH A

 6    RESOLUTION, THE CLERK OF THE DISINCORPORATION COMMISSION SHALL

 7    PREPARE AND CERTIFY TO THE COUNTY CLERK OF EACH COUNTY WHERE THE

 8    VILLAGE IS LOCATED BALLOT LANGUAGE DESCRIBING THE PROPOSED DISIN-

 9    CORPORATION AND SUMMARIZING THE EXPLANATION GIVEN BY THE GOVERNOR

10    FOR DISAPPROVAL.

11         (4) IF THE GOVERNOR APPROVES A DISINCORPORATION PLAN, NOT

12    MORE THAN 14 DAYS AFTER THE DISINCORPORATION COMMISSION'S RECEIPT

13    OF THE STATEMENT OF APPROVAL, THE CLERK OF THE DISINCORPORATION

14    COMMISSION SHALL PREPARE AND CERTIFY TO THE COUNTY CLERK OF EACH

15    COUNTY WHERE THE VILLAGE IS LOCATED BALLOT LANGUAGE DESCRIBING

16    THE PROPOSED DISINCORPORATION.

17         (5) THE CLERK OF THE DISINCORPORATION COMMISSION SHALL CER-

18    TIFY THE PROPOSED DISINCORPORATION FOR INCLUSION ON THE BALLOT AT

19    THE NEXT GENERAL ELECTION, THE STATE PRIMARY IMMEDIATELY PRECED-

20    ING THE GENERAL ELECTION, OR A SPECIAL ELECTION NOT OCCURRING

21    WITHIN 45 DAYS OF A STATE PRIMARY OR A GENERAL ELECTION, AS SPEC-

22    IFIED BY THE CLERK OF THE DISINCORPORATION COMMISSION.  HOWEVER,

23    THE CLERK OF THE DISINCORPORATION COMMISSION SHALL NOT CERTIFY

24    THE PROPOSED DISINCORPORATION FOR INCLUSION ON THE BALLOT AT AN

25    ELECTION TO BE HELD LESS THAN 60 DAYS AFTER THE DATE OF

26    CERTIFICATION.





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 1         (6) IF A SPECIAL ELECTION IS REQUESTED BY THE CLERK OF THE

 2    DISINCORPORATION COMMISSION, THE COUNTY CLERK OF THE COUNTY IN

 3    WHICH THE GREATEST NUMBER OF ELECTORS OF THE VILLAGE RESIDE SHALL

 4    REQUEST APPROVAL OF A SPECIAL ELECTION DATE FROM THE COUNTY ELEC-

 5    TION SCHEDULING COMMITTEE OF THAT CLERK'S COUNTY.  THE PROPOSAL

 6    SHALL BE SUBMITTED TO THE QUALIFIED AND REGISTERED ELECTORS

 7    RESIDING IN THE VILLAGE AND EACH TOWNSHIP INTO WHICH THE VILLAGE

 8    IS PROPOSED TO BE DISINCORPORATED ON THE DATE APPROVED BY THAT

 9    COUNTY ELECTION SCHEDULING COMMITTEE.

10         Sec. 20.  (1)  Upon the vacation of the incorporation of any

11     village, under the provisions of the preceding sections, it shall

12     be the duty of the officers of such village to forthwith deposit

13     all books, papers, records and files, relating to the organiza-

14     tion of, or belonging to such village, which are in their custody

15     as such officers, with the county clerk of the county in which

16     such village or the principal part thereof is located, for safe

17     keeping and reference.  Upon the vacation or discontinuance of

18     any village incorporation, under the preceding sections, the

19     indebtedness of such village, whether bonded or otherwise, if any

20     there be, shall be assessed, levied and collected upon the terri-

21     tory embraced within the boundaries of such village immediately

22     prior to such vacation.  It shall be the duty of the supervisor

23     or supervisors of the township or townships in which the terri-

24     tory formerly embraced within the limits of any vacated village

25     (within 1 year from the date of the vacation of such village,

26     except when such indebtedness falls due at some specified time,

27     in which case such assessment shall be made so as to meet such



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 1    indebtedness when the same falls due), to levy upon the

 2     assessment roll or rolls of his township upon the property

 3     formerly embraced within the limits of such village, the indebt-

 4     edness of such village, or such portion of the same as shall be

 5     apportioned to the part of the territory formerly constituting

 6  such village as lies within his township as hereinafter

 7     provided.  The taxes so assessed and levied shall be collected

 8     the same as other taxes, and shall be placed in a separate fund

 9     and applied to the payment of such indebtedness and the manner of

10     the payment of such indebtedness shall be fixed by the board of

11     supervisors in the resolution to be passed by said board vacating

12     the incorporation of such village.  THE COUNTY ELECTION COMMIS-

13    SION OF THE COUNTY IN WHICH THE GREATEST NUMBER OF ELECTORS OF

14    THE VILLAGE RESIDE SHALL PROVIDE BALLOTS FOR THE ELECTION.

15