February 27, 2008, Introduced by Rep. LaJoy and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending sections 9 and 9b (MCL 117.9 and 117.9b), section 9 as
amended by 2004 PA 137 and section 9b as added by 1982 PA 465, and
by adding sections 9c, 9d, and 9e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9. (1) In the event of a conflict between If the
provisions of this act and 1968 PA 191, MCL 123.1001 to 123.1020,
regarding an incorporation or consolidation conflict, the
provisions of 1968 PA 191, MCL 123.1001 to 123.1020, shall govern.
The district to be affected by the proposed incorporation,
consolidation, or change of boundaries is considered to include the
whole of each city, village, or township from which territory is to
be taken or to which territory is to be annexed. When a territory
is proposed to be incorporated as a city only the residents of the
territory to be incorporated shall vote on the question of
incorporation.
When
(2) If a petition signed by the appropriate agency designated
by the state administrative board which holds legal title to the
entire area of the land in the territory adjacent to the city to be
annexed, is filed with the governing body of the city and township
in which the territory is situated, the annexation may be
accomplished by the affirmative majority vote of the governing body
of the city and the approval of the township board of the township.
(3) (2)
Except as provided in subsections (1)
(2) and (8) (9),
a petition or resolution for annexation of territory shall be filed
with the state boundary commission created under 1968 PA 191, MCL
123.1001 to 123.1020. The commission, after determining the
validity of the petition or resolution, shall hold a public hearing
in or reasonably near the area proposed for annexation. The
commission in processing and approving, denying, or revising a
petition or resolution for annexation shall have the same powers
and duties as provided under 1968 PA 191, MCL 123.1001 to 123.1020.
,
relating to petitions which propose incorporations. In addition
to providing notice to property owners located in the area proposed
for annexation, the commission shall also give notice of each
public hearing held under this subsection to property owners
located within 300 feet of the area proposed for annexation by
certified mail not less than 30 days before the date of the public
hearing. Not less than 45 days before the date of the public
hearing, the local unit of government capable of producing the
information required under this section shall provide the state
boundary commission with a list of the names and addresses of all
persons the commission is required to provide notice to under this
subsection. The commission is required to provide notice only to
the property owners included on the list provided by the local unit
of government as required under this section. Except as otherwise
provided in subsection (8), a commission order concerning the
annexation of territory in which 100 or fewer persons resided on
the date the petition or resolution for annexation was filed is
subject to the provisions of section 9c.
(4) (3)
If an annexation is denied by the
commission, the
commission shall send a certified copy of its order to the clerk of
each county, city, village, and township affected.
(4)
If an annexation is approved, and if on the date the
petition
or resolution was filed 100 persons or less resided in the
area
approved for annexation, the commission's order shall not be
subject
to a referendum. The commission shall send a certified copy
of
its order to the clerk of each county, city, village, and
township
affected and to the secretary of state. The annexation
shall
be effective on a date set forth in the commission's order.
(5) If an annexation is approved, and if on the date the
petition or resolution was filed more than 100 persons resided in
the area approved for annexation, the commission shall send a
certified copy of its order to the clerk of each county, city,
village,
and township affected and to the secretary of state. The
Except as otherwise provided in subsection (10), the commission's
order shall become final 30 days after the date of the order unless
within
that 30 days a petition is filed with the commission which
that contains the signatures of at least 25% of the registered
electors residing in the portion of the territory approved for
annexation, in the annexing city or in the balance of the township.
The
commission after After verifying the validity of any referendum
petition, the commission shall order that a referendum on the
question of annexation be held in each area from which a valid
petition was filed. If a valid petition is not filed within the 30
days or if the majority of the electorate voting on the question in
each area in which a referendum was held, voting separately,
approve the annexation, except as otherwise provided in subsection
(10), the annexation shall be effective on a date set by order of
the commission, otherwise the annexation shall not take effect.
(6)
The commission shall reject process
petitions or
resolutions for annexation as follows:
(a) Reject a petition or resolution for annexation of
territory
that includes all or any part of the territory which that
was described in any petition or resolution for annexation filed
within
the preceding 2 years and which that
was denied by the
commission or was defeated in an election under subsection (5) or
(10) or section 9c.
(b) If a notice of intent to petition the commission for
annexation has been provided by a city, a property owner, or
qualified electors under section 9c(2), finally dispose of an
annexation petition of the city, property owner, or qualified
electors that has been so noticed before processing any other
petitions that deal with all or any part of the same territory.
(7) In addition to the methods for initiating annexation as
provided
in this act, a petition or resolution as follows may be
submitted to the state boundary commission in a form and manner
prescribed by the state boundary commission as follows:
(a) By resolution of the legislative body of the city to which
the area is proposed to be annexed.
(b) By petition by the persons, firms, corporations, the
United
States government, or the this state
or any of its
subdivisions
political subdivision of this
state who collectively
hold equitable title as a vendee under a recorded land contract or
memorandum of land contract, or record title as recorded fee owner
to 75% or more of the area of the land, exclusive of streets, in
the
territory proposed for annexation at the time of filing the
petition is filed.
(c) By petition by 20% of the registered electors who reside
in the area proposed for annexation.
(8)
Where the territory proposed to be annexed to any city is
adjacent
to the city and consists of a park or vacant property
located
in a township and owned by the city annexing the territory,
and
there is no one residing in the territory, the territory may be
annexed
to the city solely by resolution of the city council of the
city.
In any case where Notwithstanding
the provisions of section
9c, if the territory proposed to be annexed to a city is located in
a township, has no residents, and is adjacent to and owned by the
city proposing to annex the territory, the territory may be annexed
under 1 of the following methods:
(a) If a resolution to annex the territory is adopted by the
city council before the effective date of the amendatory act that
added section 9c, and the territory consists of park or vacant
property, the territory may be annexed solely by that resolution of
the city council.
(b) If a resolution to annex the territory is adopted by the
city council on or after the effective date of the amendatory act
that added section 9c, and the territory will be used for a public
purpose for a period that begins with the adoption of the
resolution and lasts not less than 8 years, the territory is
annexed by that resolution of the city council. For the purpose of
this subdivision, territory is used for a public purpose if it is
exempt from the collection of taxes under the general property tax
act, 1893 PA 206, MCL 211.1 to 211.155. The township from which
property is annexed under this subdivision may file a petition with
the commission at any time within the 8-year period beginning with
the adoption of the resolution, alleging that the property annexed
is not being used for a public purpose. If the commission finds
after a hearing on the petition that the property is not being used
for a public purpose, the commission shall issue and enter in its
records an order that the property be reattached to the township
from which it was annexed.
(c) By the affirmative majority votes of both the city council
and the township board.
(9)
If the territory proposed to be annexed
is adjacent to the
a city and consists of property owned by the city or consists of
fractional parts of platted subdivision lots, located in an
adjoining
city, village, or township, the annexation may also be
accomplished by the majority vote of the legislative body of the
city and the approval of the legislative body of the adjoining
city,
village, or township. As an alternate method, where if there
are no qualified electors residing in the territory proposed to be
annexed
to the city , other
than the person or persons petitioning,
a petition signed by a person or persons, firms, corporations, the
United
States government, or the this state
or any of its
subdivisions
political subdivision of this
state who collectively
hold the equitable title as a vendee under a recorded land contract
or memorandum of land contract, or record legal title as recorded
fee owner to more than 1/2 of the area of the land in the territory
to be annexed is filed with the city council of the city and with
the township board of the township in which the territory is
situated, the annexation may be accomplished by the affirmative
majority vote of the city council of the city and the approval of
the township board of the township. At least 10 days prior to the
approval by the township board, the township treasurer shall
notify, personally or by registered mail with return receipt
demanded
requested, the owners of all real property in the
territory to be annexed as shown on the assessment rolls of the
township at the last known address on file with the township
treasurer.
(10) Except as otherwise provided in subsection (9), this
section
shall not be construed to give any city the authority a
city shall not proceed under this section to attach territory from
any
other city unless the question relative to the territory of the
annexation
has been voted upon approved by
the voters of the entire
cities
affected. where the territory proposed to be annexed is
adjacent
to a city and consists of property owned by the city or
consists
of fractional parts of platted subdivision lots, located
in
an adjoining city.
(11) (9)
The provisions of section 14 shall
are not be
applicable
to an annexation approved by the commission under this
section of part of a township or village to a city except in the
event of outstanding bonds or other evidences of indebtedness of
the
township or village. In such that
event, the state boundary
commission shall determine and order an equitable division of
assets
and liabilities which that
relate to the bonds or other
indebtedness.
(12) (10)
The provisions of sections 8 and 8a
shall are not be
applicable to petitions or resolutions filed with the state
boundary commission.
(13) (11)
After March 31, 1971, and so long as 1968 PA 191,
MCL
123.1001 to 123.1020, is in effect, annexation Annexation of
territory from a village, or of territory with more than 100
residents
from a township, or
village to a home rule city shall be
as
provided in this section and no other means of annexation shall
be
is effective.
(14) Territory may be annexed to a city from a township only
if the territory to be annexed does not contain any real property
owned by the township, except for utilities and other facilities
that are located within a public right-of-way.
(15) The incorporation as a city by a village is not an
annexation under this act.
(16) (12)
The state boundary commission shall
mail a copy of
any final order issued under this section to each property owner
the commission is required to provide notice to under subsection
(2)
(3).
Sec.
9b. (1) In addition to the detachment procedures
otherwise
authorized by this act, territory Territory may be
detached from a city to another city or village only if all of the
following conditions are met:
(a) The territory to be detached was annexed to the city after
the city was incorporated.
(b) The territory to be detached is to be reattached to the
municipality from which that territory was annexed.
(c) The city does not provide water or sewer service in the
territory to be detached.
(d) The council of the city from which the territory is being
detached approves a resolution authorizing the detachment of the
territory and confirming an agreement relating to the detachment.
(e) The legislative body of the municipality from which the
territory to be detached was annexed approves a resolution
authorizing detachment of the territory and confirming an agreement
related to the detachment.
(2) The city and municipality involved in a detachment under
this
section subsection (1) may enter into an intergovernmental
agreement
which that imposes conditions on the detachment. The
conditions may include, but need not be limited to, building
restrictions and zoning within the territory to be detached.
(3)
Territory detached under this section subsection (1) is
immediately reannexed to the detaching city if any of the following
occurs:
(a) The city can and agrees to provide water and sewer
services, the city certifies these facts to the state boundary
commission, and the state boundary commission finds that the city
can provide water and sewer services to this territory.
(b) The municipality to which the territory was reattached
fails to comply with the intergovernmental agreement, the city
certifies that fact to the state boundary commission, and the state
boundary commission finds that the municipality is not in
compliance.
(4)
Reannexation pursuant to subsection (3) shall is not
be
subject to the annexation requirements and restrictions of this act
;
Act No. 191 of the Public Acts of 1968, being sections 123.1001
to
123.1020 of the Michigan Compiled Laws; or Act No. 359 of the
Public
Acts of 1947, being sections 42.1 to 42.34 of the Michigan
Compiled
Laws or any of the following:
(a) 1968 PA 191, MCL 123.1001 to 123.1020.
(b) The charter township act, 1947 PA 359, MCL 42.1 to 42.34.
(5)
All or part of territory detached under this section
subsection (1) shall not be subject to annexation.
Sec. 9c. (1) The annexation of any territory with 100 or fewer
residents to a city from a township for which a petition is filed
with the commission on or after the effective date of the
amendatory act that added this section is subject to the procedures
and conditions set forth in this section, except as provided in
section 9d.
(2) A city, property owner, or registered electors that intend
to petition the state boundary commission for annexation of
territory with 100 or fewer residents to a city from a township
shall provide written notice of that intent by certified mail,
return receipt requested, to the clerk of any city or township that
is affected by the proposal and to the state boundary commission.
(3) The city and township may negotiate an agreement
concerning the annexation of the territory that includes, but is
not limited to, an agreement not to contest the annexation petition
before the commission, the sharing of tax revenues, the future land
use of the territory, and any other factors or terms that may be
considered or provided for in a contract negotiated under 1984 PA
425, MCL 124.21 to 124.30, or an interlocal agreement negotiated
under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL
124.501 to 124.512.
(4) Forty-five days after receipt of the notice under
subsection (2), if no agreement has been reached under subsection
(3) between the city and the township concerning the proposed
annexation, a petition for annexation of territory may be filed
with the state boundary commission. On the same day that the
petition is filed, the petitioner shall send a copy of the petition
by certified mail, return receipt requested, to the clerks of both
the city and the township in which the territory is located.
(5) If no agreement is reached within 45 days after receipt of
the notice under subsection (2), the city or the township may file
a claim not later than 10 days after the expiration of that period
in the circuit court asserting that the other party did not
participate in negotiations in good faith. If the court finds that
the city or township did not participate in negotiations in good
faith, it may provide appropriate equitable relief, including, but
not limited to, prohibiting the annexation for a period of not more
than 2 years or prohibiting the referendum provided for in
subsection (6).
(6) If, within 30 days after receipt by the clerk of the
township of the petition for annexation, a petition for a
referendum on the question of annexation is filed with the county
election commission that contains the signatures of at least 25% of
the registered electors in the affected township, based on the most
recent certification of the number of registered electors made by
the township clerk to the county clerk, the county election
commission shall certify that the referendum petition meets the
requirements for petitions under the Michigan election law, 1954 PA
116, MCL 168.1 to 168.992, and call a special election for the
referendum to be held in the township within which the territory
proposed for annexation is located. If a township referendum
petition is certified, the governing body of the city may also
schedule a referendum on the annexation to be held in the city on
the same day as the township referendum. Up to 30 days after the
referendum petition is filed, the governing body of the city or
township may adopt a resolution to delay the scheduling of the
referendum to allow time for the city and township to continue
negotiations concerning the annexation. Upon adoption of a
resolution by the governing body of the city or township, the
scheduling of the referendum shall be delayed until 90 days after
the date on which the referendum petition is certified. The county
election commission shall not meet to schedule the referendum until
30 days after the petition is filed. The special election shall be
held not less than 60 days or more than 90 days after the county
election commission meets to schedule the election under this
subsection, unless a primary or regular election, or a special
election called for another purpose, occurs not less than 60 days
or more than 90 days after the referendum petition is filed. In
that event, the referendum shall be submitted at that primary,
regular, or special election and an additional special election
shall not be called.
(7) If a petition containing sufficient valid signatures for a
referendum on the question of annexation is not filed with the
county election commission under subsection (6), the state boundary
commission shall proceed to process the annexation petition under
section 9.
(8) If an agreement under subsection (3) is reached 30 days
before the date of an election scheduled under subsection (6), the
referendum shall not be held. If no agreement is reached, the
referendum shall be held as ordered by the county election
commission. The annexation shall be allowed to occur only if a
majority of the electors voting on the issue in the township within
which the territory proposed for annexation is located, and in the
city if it holds an election under subsection (6), counted
separately, vote for the annexation.
(9) If a majority of the electors voting on the issue in the
township within which the territory proposed for annexation is
located, and in the city if it holds an election under subsection
(6), vote for the annexation, and the commission approves the
annexation under section 9(3), the commission shall send a
certified copy of its order to the clerk of each county, city, and
township affected and to the secretary of state. The annexation
shall be effective on a date set forth in the commission's order.
(10) As used in this section, "commission" means the state
boundary commission established under 1968 PA 191, MCL 123.1001 to
123.1020.
Sec. 9d. If the governing bodies of a city and township
approve by resolution an agreement to annex, or not to contest the
annexation of, territory in the township with 100 or fewer
residents before a petition for annexation is filed with the
commission, the provisions of section 9c do not apply and a
petition for annexation may be filed at any time. If the territory
meets the requirements of section 9(9), the annexation may proceed
under section 9(9).
Sec. 9e. Notwithstanding any other provisions of this act,
territory may be detached from a city to a township only if all of
the following conditions are met:
(a) The territory to be detached does not contain any real
property owned by the city, except for utilities and other
facilities that are located within a public right-of-way.
(b) The territory to be detached was not annexed within the
previous 2 years, calculated from the date that the most recent
annexation of that territory, if any, was completed.
(c) The detachment is approved by a majority vote of the
qualified electors residing in each of the following, counted
separately:
(i) The territory proposed to be detached from the city.
(ii) The remaining portion of the city.
(iii) The township to which the territory will be attached.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5823(request no.
06118'07).
(b) Senate Bill No.____ or House Bill No. 5822(request no.
06119'07).
(c) Senate Bill No.____ or House Bill No. 5821(request no.
06120'07).
(d) Senate Bill No.____ or House Bill No. 5824(request no.
06121'07).
(e) Senate Bill No.____ or House Bill No. 5779(request no.
H06190'07*).