HOUSE BILL No. 4013


     January 26, 1999, Introduced by Reps. Middaugh, Birkholz, LaSata, Byl, Shackleton, Geiger, DeWeese and Scranton and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1931 PA 285, entitled

   "An act to provide for city, village and municipal planning; the
   creation, organization, powers and duties of planning commis-
   sions; the regulation and subdivision of land; and to provide
   penalties for violation of the provisions of this act,"

   by amending section 8 (MCL 125.38).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8.  (1) The commission may adopt the plan as a whole by

 2    a single resolution.  or  THE COMMISSION may by successive reso-

 3    lutions adopt successive parts of the plan  , said parts  corre-

 4    sponding with major geographical sections or divisions of the

 5    municipality or with functional subdivisions of the subject

 6    matter of the plan.  , and  THE COMMISSION may adopt any amend-

 7    ment or extension  thereof  OF THE PLAN or addition  thereto  TO

 8    THE PLAN.





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 1         (2) Before the adoption of the plan or any  such  part,

 2    amendment, extension, or addition TO THE PLAN, the commission

 3    shall hold  at least  NOT LESS THAN 1 public hearing.  thereon,

 4     notice  NOTICE of the time and place of  which  THE PUBLIC

 5    HEARING shall be given  ,  not less than 15 days prior to  such 

 6    THE hearing  ,  by 1 publication in a newspaper of general circu-

 7    lation in the municipality and in the official gazette, if any,

 8    of the municipality, and by registered United States mail to each

 9    public utility company and to each railroad company owning or

10    operating any public utility or railroad within the geographical

11    sections or divisions of the municipality affected.

12         (3) The adoption of the plan or  of  any  such  part,  or 

13    amendment,  or  extension, or addition TO THE PLAN shall be by

14    resolution of the commission carried by the affirmative votes of

15    not less than  6  2/3 OF THE members of the commission.  The res-

16    olution shall refer expressly to the maps and descriptive and

17    other matter intended by the commission to form the whole or part

18    of the plan, and the action taken shall be recorded on the map

19    and plan and descriptive matter by the identifying signature of

20    the  chairman and/or  CHAIRPERSON OR THE secretary of the

21    commission.

22         (4) An attested copy of the plan or part  thereof  OF THE

23    PLAN shall be certified to THE council and to the county register

24    of deeds.









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