April 8, 2003, Introduced by Reps. Accavitti, Dennis, Taub, Tabor, Gaffney, Hager and Pumford and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
by amending sections 4 and 5 (MCL 78.4 and 78.5) and by adding
section 5b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) Said
A petition under section 2 shall be
2 addressed to the county
board of supervisors commissioners of
3 the county in which the
territory to be affected by such the
4 proposed incorporation, consolidation, or change of boundaries is
5 located , and
shall be filed with the clerk of said the
6 county board of commissioners not less than 30 days before the
7 convening of such county board of commissioners convenes
in
8 regular session , or
in any a special session called for the
9 purpose of considering
said to consider that
petition. , and
10 if, before final
action thereon, it shall appear to said board
1 or
2 (2) If a
majority thereof of the county board of
3 commissioners determines
that said the petition or the signing
4 thereof does signatures do not conform to this act , or
that
5 the petition contains incorrect statements, the county board of
6 commissioners shall hold
no further proceedings pursuant to
7 said on that petition. shall be had,
but, if it shall appear
8 If a majority of the county board of commissioners determines
9 that said the
petition conforms in all respects to the
10 provisions of this act , and that the statements contained
11 therein in the petition are true, said the
county board of
12 supervisors commissioners shall, by resolution, provide
that
13 the question of making the proposed incorporation, consolidation,
14 or change of boundaries shall be submitted to the qualified
15 electors of the each
district to be affected at the next
16 general election, if one
a general election shall occur in not
17 less than 40 60
days and not more than 90 days after the
18 adoption of such the
resolution. , and if If no general
19 election is to occur
within such that period, said the
20 resolution shall fix a
date within such that period for a
21 special election on such
the question.
22 (3) After the
adoption of such the resolution, neither the
23 sufficiency nor the legality of the petition on which it is based
24 may shall be questioned in any proceeding.
25 (4) The county board of commissioners shall not approve a
26 proposed annexation if that proposed annexation was disapproved
27 by the county board of commissioners or rejected by the qualified
1 electors within 2 years before the date the petition is filed
2 under subsection (1).
3 (5) The incorporation as a city by a village is not an
4 annexation under this section.
5 Sec. 5. (1) The
A district to be affected by every such
6 a proposed incorporation, consolidation, or change of boundaries
7 , shall be deemed to
include includes the whole of
each city,
8 village, or township from which territory is to be taken or to
9 which territory is to be
annexed. : Provided, however, That
10 proposed
11 (2) Proposed incorporations, consolidations, or changes of
12 boundaries shall be submitted to the qualified electors residing
13 within the territory
proposed to be incorporated, or residing
14 within the village to which territory is to be annexed,
as the
15 case may be, and also
to the qualified electors of and
the city,
16 village, or
township , from which the territory to be taken is
17 located. and
at the election, when the said question is voted
18 upon,
19 (3) In an election for a proposed incorporation or
20 annexation, the city,
village, or township shall conduct the
21 election in such
manner as to keep record
separately the votes
22 of the qualified electors in the territory proposed to be
23 incorporated or annexed or
detached in a separate box from the
24 one containing and the votes of the qualified electors
from the
25 remaining portions of such
the city, village, or township. ,
26 and if the returns of
said election shall show If a
majority of
27 the votes cast qualified
electors in the district proposed to
1 be incorporated or
annexed, voting separately, to be in favor
2 of approve the proposed incorporation or change
of boundary as
3 the case may be annexation, and if a majority of the qualified
4 electors voting in
the remainder of the district to be
5 affected, as
herein defined, voting collectively, are in favor
6 of approve the proposed incorporation or change
of boundary as
7 the case may be annexation, then such that
territory shall
8 become incorporated as a village or shall become a part of the
9 corporate territory of
the village. or shall be detached
10 therefrom, as the case
may be: Provided further, That in case
11 If there are no qualified electors residing within the territory
12 proposed to be detached,
or annexed , and if a majority of
13 electors voting in the remainder of the district to be affected
14 , as herein defined, are in favor of the proposed change of
15 boundary annexation, then such that
territory shall become a
16 part of the corporate
territory of the village. or shall be
17 detached therefrom, as
the case may be: Provided further, That
18 the The question of a proposed detachment of territory
from a
19 village to a township shall be submitted to the qualified
20 electors as provided in section 5b.
21 (4) The question of incorporating a new village from
22 territory located in a township or townships shall be determined
23 by a majority of the votes cast at an election at which only the
24 qualified electors residing within the territory proposed to be
25 incorporated shall vote.
26 Sec. 5b. Notwithstanding any other provision of this act,
27 territory may be detached from a village to a township only if
1 all of the following conditions are met:
2 (a) The territory to be detached does not contain any real
3 property owned by the village, except for utilities and other
4 facilities that are located within a public right-of-way.
5 (b) The territory to be detached was not annexed within the
6 previous 2 years.
7 (c) The detachment is approved by a majority vote of the
8 qualified electors residing in each of the following, counted
9 separately:
10 (i) The territory proposed to be detached from the village.
11 (ii) The remaining portion of the village.
12 (iii) The township to which the territory will be attached.