House Introduced Bill 6141

HOUSE BILL No. 6141


     September 22, 1998, Introduced by Rep. Llewellyn and referred to the Committee on Local Government.


        A bill to amend 1909 PA 279, entitled

   "The home rule city act,"

   by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 9.  (1)  In the event of  IF a conflict between  the

 2     provisions of  this act and  Act No. 191 of the Public Acts of

 3     1968, being sections 123.1001 to 123.1020 of the Michigan

 4     Compiled Laws  1968 PA 191, MCL 123.1001 TO 123.1020, regarding

 5    an incorporation or consolidation EXISTS,  the provisions of Act

 6     No. 191 of the Public Acts of 1968  1968 PA 191, MCL 123.1001 TO

 7    123.1020, shall govern.  The district to be affected by  every

 8     such  A proposed incorporation, consolidation, or change of

 9    boundaries shall be  deemed  CONSIDERED to include the whole of

10    each city, village, or township from which territory is to be

11    taken or to which territory is to be annexed.  However,  when  IF


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 1    a territory is proposed to be incorporated as a city, only the

 2    residents of the territory to be incorporated shall vote on the

 3    question of incorporation.  When  IF a petition signed by  the

 4     state by  the appropriate agency designated by the state adminis-

 5    trative board  which  THAT holds the record legal title to the

 6    entire area of the land in the territory adjacent to the city to

 7    be annexed  ,  is filed with the governing body of the city and

 8    with the township board of the township in which  such  THE ter-

 9    ritory is situated,  such  annexation may be accomplished by the

10    affirmative majority vote of the governing body of  such  THE

11    city and the approval of the township board of  such  THE

12    township.

13         (2) Except as provided in subsections (1) and  (8)  (7), a

14    petition or resolution for annexation of territory shall be filed

15    in the Lansing office of the state boundary commission.  The

16     commission, after  AFTER determining the validity of the petition

17    or resolution, THE COMMISSION shall hold a public hearing in or

18    reasonably near the area proposed for annexation.  The commis-

19     sion in  IN processing and approving, denying, or revising a

20    petition or resolution for annexation, THE COMMISSION shall have

21    the same powers and duties and be in accordance with and subject

22    to  the provisions of Act No. 191 of the Public Acts of 1968 

23    1968 PA 191, MCL 123.1001 TO 123.1020, relating to petitions

24     which  THAT propose incorporations.

25         (3) If an annexation is denied by the commission, the com-

26    mission shall send a certified copy of its order to the clerk of

27    each county, city, village, and township affected.



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 1          (4) If an annexation is approved, and if on the date the

 2     petition or resolution was filed 100 persons or less resided in

 3     the area approved for annexation, the commission's order shall

 4     not be subject to a referendum.  The commission shall send a cer-

 5     tified copy of its order to the clerk of each county, city, vil-

 6     lage, and township affected and to the secretary of state.  The

 7     annexation shall be effective on a date set forth in the

 8     commission's order. 

 9         (4)  (5)  If an annexation is approved,  and if on the date

10     the petition or resolution was filed more than 100 persons

11     resided in the area approved for annexation,  the commission

12    shall send a certified copy of its order to the clerk of each

13    county, city, village, and township affected and to the secretary

14    of state.  The commission's order shall become final 30 days

15    after the date of the order unless within that 30 days a petition

16    is filed with the commission  which  THAT contains the signatures

17    of  at least  NOT LESS THAN 25% of the registered electors resid-

18    ing in the portion of the territory approved for annexation, in

19    the annexing city, or in the balance of the township.  The com-

20     mission after  AFTER verifying the validity of  any  A referendum

21    petition, THE COMMISSION shall order that a referendum on the

22    question of annexation be held in each area from which a valid

23    petition was filed.  If a valid petition is not filed within the

24    30 days or if the majority of the electorate voting on the ques-

25    tion in each area in which a referendum was held, voting sepa-

26    rately, approve the annexation, the annexation shall be effective





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 1    on a date set by order of the commission;  ,  otherwise, the

 2    annexation shall not take effect.

 3         (5)  (6)  The commission shall reject a petition or resolu-

 4    tion for annexation of territory  which  THAT includes all or

 5     any  A part of the territory  which  THAT was described in  any 

 6    A petition or resolution for annexation filed within the preced-

 7    ing 2 years and  which  THAT was denied by the commission or was

 8    defeated in an election pursuant to subsection  (5)  (4).

 9         (6)  (7)  In addition to the methods for initiating annexa-

10    tion  as  provided in this act,  a petition or resolution as

11     follows  ANY OF THE FOLLOWING may be submitted to the state

12    boundary commission in a form and manner  prescribed by it  THAT

13    IT PRESCRIBES:

14         (a)  By  A resolution of the legislative body of the city OR

15    TOWNSHIP to which the area is proposed to be annexed.

16         (b)  By  A petition by the persons, firms, corporations, the

17    United States government, or the state or any of its subdivisions

18     who  THAT collectively hold equitable title as a vendee under a

19    recorded land contract or memorandum of land contract, or record

20    title to NOT LESS THAN 75%  or more  of the area of the land

21    exclusive of streets in the territory proposed for annexation at

22    the time of filing the petition.

23         (c)  By  A petition by 20% of the registered electors who

24    reside in the area proposed for annexation.

25         (7)  (8) Where  IF the territory proposed to be annexed to

26     any  A city is adjacent to the city and consists of a park or

27    vacant property located in a township and IS owned by the



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 1    ANNEXING city,  annexing the same,  and there is no one residing

 2    thereon,  such  THE territory may be annexed to the city solely

 3    by resolution of the city council of the city or  in any case

 4     where  IF the territory proposed to be annexed is adjacent to the

 5    city and consists of property owned by the city or consists of

 6    fractional parts of platted subdivision lots  ,  located in an

 7    adjoining city, village, or township,  such  annexation may also

 8    be accomplished by the affirmative majority vote of the legisla-

 9    tive body of  such  THE city and the approval of the legislative

10    body of  such  THE adjoining city, village, or township.  As an

11    alternate method,  where  IF there are no qualified electors

12    residing in the territory proposed to be annexed to the city,

13    other than the person or persons petitioning, a petition signed

14    by a person or persons, firms, corporations, the United States

15    government, or the state or any of its subdivisions  who  THAT

16    collectively hold the equitable title as a vendee under a

17    recorded land contract or memorandum of land contract, or record

18    legal title to more than 1/2 of the area of the land in the ter-

19    ritory to be annexed is filed with the city council of the city

20    and with the township board of the township in which  such  THE

21    territory is situated,  such  annexation may be accomplished by

22    the affirmative majority vote of the city council of  such  THE

23    city and the approval of the township board of  such  THAT

24    township.  At least 10 days  prior to  BEFORE the approval by the

25    township board, the township treasurer shall notify, personally

26    or by registered mail with return receipt demanded, the owners of

27    all real property in the territory to be annexed as shown on the



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 1    assessment rolls of the township at the last known address on

 2    file with the township treasurer.  This section  shall not be

 3     construed so as to  DOES NOT give  any  A city, VILLAGE, OR

 4    TOWNSHIP the authority to proceed  hereunder to attach  UNDER

 5    THIS SUBSECTION TO ANNEX territory from  any other  ANOTHER city,

 6    VILLAGE, OR TOWNSHIP THAT HAS A POPULATION OF 3,000 OR MORE AS

 7    DETERMINED BY FEDERAL DECENNIAL CENSUS OR SPECIAL CENSUS, WHICH-

 8    EVER IS THE MORE RECENT, OR THAT HAS WITHIN ITS LIMITS PROPERTY

 9    THAT IF COMBINED HAS A TOTAL STATE EQUALIZED VALUE OF NOT LESS

10    THAN $25,000,000.00, unless the question relative  thereto has

11     been voted upon by the voters of the entire cities affected  TO

12    THE ANNEXATION HAS BEEN VOTED UPON AND APPROVED BY A MAJORITY OF

13    THE VOTERS IN THE ANNEXING CITY, THE VOTERS, IF ANY, IN THE TER-

14    RITORY PROPOSED FOR ANNEXATION, AND THE VOTERS OF THE BALANCE OF

15    EACH CITY, VILLAGE, OR TOWNSHIP IN WHICH THE TERRITORY PROPOSED

16    TO BE ANNEXED IS LOCATED, ALL VOTING SEPARATELY, except as here-

17    inbefore specifically provided,  where  IF the territory proposed

18    to be annexed is adjacent to a city and consists of property

19    owned by the city or consists of fractional parts of platted sub-

20    division lots  ,  located in an adjoining city.  IF A VOTE IS

21    REQUIRED, THE ANNEXATION SHALL BE CONSIDERED DEFEATED IF A MAJOR-

22    ITY OF THE VOTERS VOTING ON THE ISSUE IN THE ANNEXING CITY, IN

23    THE TERRITORY PROPOSED FOR ANNEXATION, OR IN THE BALANCE OF A

24    CITY, VILLAGE, OR TOWNSHIP IN WHICH THE TERRITORY PROPOSED TO BE

25    ANNEXED IS LOCATED VOTE AGAINST THE ANNEXATION.  OTHERWISE, IT

26    SHALL BE CONSIDERED APPROVED AND EFFECTIVE ON THE DATE SET BY THE

27    STATE BOUNDARY COMMISSION.



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 1         (8)  (9) The provisions of section  SECTION 14  shall not be

 2     applicable  DOES NOT APPLY to an annexation approved by the com-

 3    mission of part of a township or village to a city  except in the

 4     event of  UNLESS THERE ARE outstanding bonds or other evidences

 5    of indebtedness of the township or village.  In such event, the

 6    commission shall determine and order an equitable division of

 7    assets and liabilities which relate to the bonds or other

 8    indebtedness.

 9         (9)  (10) The provisions of sections  SECTIONS 8 and 8a

10     shall not be applicable  DO NOT APPLY to petitions or resolu-

11    tions filed with the state boundary commission.

12         (10)  (11) After March 31, 1971, and so  SO long as  Act

13     No. 191 of the Public Acts of 1968  1968 PA 191, MCL 123.1001 TO

14    123.1020, is in effect, annexation of territory from a CITY,

15    township, or village to a home rule city shall be  as provided 

16    in ACCORDANCE WITH this section and no other means of annexation

17    shall be effective.























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