House Introduced Bill 4668

HOUSE BILL No. 4668


     May 11, 1999, Introduced by Rep. Jamnick and referred to the Committee on Local Government and Urban Policy.


        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 a conflict between  IF 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 CONFLICT, the provisions of

 6     Act No. 191 of the Public Acts of 1968  1968 PA 191,

 7    MCL 123.1001 TO 123.1020, shall govern.  The district to be

 8    affected by  every such  A proposed incorporation, consolidation,

 9    or change of boundaries shall be deemed 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    ON BEHALF OF THIS state by the appropriate agency designated by

 5    the state administrative board  which  THAT holds the record

 6    legal title to the entire area of the land in the territory adja-

 7    cent to the city to be annexed  ,  is filed with the governing

 8    body of the city and with the township board of the township in

 9    which  such  THE territory is situated,  such  THE annexation may

10    be accomplished by the affirmative majority vote of the governing

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

12     such  THE 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 com-

16    mission, after determining the validity of the petition or reso-

17    lution, shall hold a public hearing in or reasonably near the

18    area proposed for annexation.  The commission in processing and

19    approving, denying, or revising a petition or resolution for

20    annexation shall have the same powers and duties and SHALL be in

21    accordance with and subject to the provisions of  Act No. 191 of

22     the Public Acts of 1968, relating to petitions which propose

23     incorporations  1968 PA 191, MCL 123.1001 TO 123.1020.

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

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

26    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  SUBJECT TO SUBSECTION (8), THE commission's

15    order shall become final 30 days after the date of the order

16    unless within that 30 days a petition is filed with the commis-

17    sion  which  THAT contains the signatures of at least 25% of the

18    registered electors residing in the portion of the territory

19    approved for annexation, in the annexing city, or in the balance

20    of the township.  The commission after  AFTER verifying the

21    validity of any referendum petition, THE COMMISSION shall order

22    that a referendum on the question of annexation be held in each

23    area from which a valid petition was filed.  If a valid petition

24    is not filed within the 30 days or if the majority of the elec-

25    torate voting on the question in each area in which a referendum

26    was held, voting separately, approve the annexation, SUBJECT TO

27    SUBSECTION (8), the annexation shall be effective on a date set



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 1    by order of the commission, otherwise the annexation shall not

 2    take effect.

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

 4    tion for annexation of territory  which  THAT includes all or any

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

 6    or resolution for annexation filed within the preceding 2 years

 7    and  which  THAT was denied by the commission or was defeated in

 8    an election pursuant to subsection  (5)  (4) OR (8).

 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  may be submitted to the state boundary commission in a

12    form and manner prescribed by  it  THE STATE BOUNDARY COMMISSION

13    AS FOLLOWS:

14         (a) By resolution of the legislative body of the city to

15    which the area is proposed to be annexed.

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

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

18     subdivisions  POLITICAL SUBDIVISION OF THIS STATE who collec-

19    tively hold equitable title as a vendee under a recorded land

20    contract or memorandum of land contract, or record title to 75%

21    or more of the area of the land, exclusive of streets, in the

22    territory proposed for annexation at the time  of filing  the

23    petition IS FILED.

24         (c) By petition by 20% of the registered electors who reside

25    in the area proposed for annexation.

26         (7)  (8) Where  IF the territory proposed to be annexed to

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



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 1    vacant property located in a township and IS owned by the city

 2    annexing the  same  TERRITORY, and there is no one residing

 3     thereon, such  IN THAT TERRITORY, THAT territory may be annexed

 4    to the city solely by resolution of the city council of the city.

 5     or in any case where  IF the territory proposed to be annexed is

 6    adjacent to  the  A city and consists of property owned by the

 7    city or consists of fractional parts of platted subdivision lots,

 8    located in an adjoining city, village, or township,  such  THE

 9    annexation may  also  be accomplished by the affirmative majority

10    vote of the legislative body of  such  THE city and the approval

11    of the legislative body of  such  THE adjoining city, village, or

12    township.  As an alternate method,  where  IF there are no quali-

13    fied electors residing in the territory proposed to be annexed to

14    the city  ,  other than the person or persons petitioning, a

15    petition signed by a person or persons, firms, corporations, the

16    United States government, or  the  THIS state or any  of its

17     subdivisions  POLITICAL SUBDIVISION OF THIS STATE who collec-

18    tively hold the equitable title as a vendee under a recorded land

19    contract or memorandum of land contract  ,  or record legal title

20    to more than 1/2 of the area of the land in the territory to be

21    annexed is filed with the city council of the city and with the

22    township board of the township in which  such  THAT territory is

23    situated,  such  THE annexation may be accomplished by the affir-

24    mative majority vote of the city council of  such  THE city and

25    the approval of the township board of  such  THE township.  At

26    least 10 days prior to the approval by the township board, the

27    township treasurer shall notify, personally or by registered mail



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 1    with return receipt  demanded  REQUESTED, the owners of all real

 2    property in the territory to be annexed as shown on the assess-

 3    ment rolls of the township at the last known address on file with

 4    the township treasurer.  This section shall not be construed so

 5     as to give any city the authority to 

 6         (8) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A CITY

 7    SHALL NOT proceed  hereunder  UNDER THIS SECTION to attach terri-

 8    tory from any other city OR A VILLAGE, TOWNSHIP, OR CHARTER TOWN-

 9    SHIP IF THAT CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP HAS A

10    POPULATION OF 3,000 OR MORE AS SHOWN BY THE LAST FEDERAL DECEN-

11    NIAL CENSUS OR ANY SPECIAL FEDERAL OR STATE CENSUS HELD AFTER THE

12    LAST FEDERAL DECENNIAL CENSUS OR HAS A STATE EQUALIZED VALUATION

13    OF $25,000,000.00 OR MORE unless the question  relative thereto 

14    OF THE ANNEXATION has been voted upon by the voters  of the

15     entire cities affected, except as hereinbefore specifically pro-

16     vided, where  IN THE TERRITORY PROPOSED FOR ANNEXATION, IF ANY,

17    AND THE BALANCE OF EACH CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWN-

18    SHIP AFFECTED BY THE ANNEXATION VOTING INDEPENDENTLY. THIS SUB-

19    SECTION DOES NOT APPLY TO AN ANNEXATION UNDER SUBSECTION (7) IN

20    WHICH the territory proposed to be annexed is adjacent to a city

21    and consists of property owned by the city or consists of frac-

22    tional parts of platted subdivision lots, located in an adjoining

23    city, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP.  IF A VOTE IS

24    REQUIRED UNDER THIS SUBSECTION, THE ANNEXATION SHALL BE CONSID-

25    ERED DEFEATED IF A MAJORITY OF THE ELECTORS VOTING ON THE ISSUE

26    IN THE ANNEXING CITY, THE TERRITORY PROPOSED FOR ANNEXATION, OR

27    IN THE BALANCE OF THE CITY, VILLAGE, TOWNSHIP, OR CHARTER



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 1    TOWNSHIP WITHIN WHICH THE TERRITORY PROPOSED FOR ANNEXATION IS

 2    LOCATED VOTE AGAINST THE ANNEXATION.  OTHERWISE, THE ANNEXATION

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

 4    STATE BOUNDARY COMMISSION.

 5         (9) The provisions of section 14  shall  ARE not  be  appli-

 6    cable to an annexation approved by the STATE BOUNDARY commission

 7    of part of a township or village to a city except in the event of

 8    outstanding bonds or other evidences of indebtedness of the town-

 9    ship or village.  In  such  THAT event, the STATE BOUNDARY com-

10    mission shall determine and order an equitable division of assets

11    and liabilities  which  THAT relate to the bonds or other

12    indebtedness.

13         (10) The provisions of sections 8 and 8a  shall  ARE not

14     be  applicable to petitions or resolutions filed with the state

15    boundary commission.

16         (11)  After March 31, 1971, and so long as Act No. 191 of

17     the Public Acts of 1968  IF 1968 PA 191, MCL 123.1001 TO

18    123.1020, is in effect, annexation of territory from a township

19    or village to a home rule city shall be as provided in this sec-

20    tion and no other means of annexation shall be effective.

21         (12) BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT

22    THAT ADDED THIS SUBSECTION AND IF 1968 PA 191, MCL 123.1001 TO

23    123.1020, IS IN EFFECT, ANNEXATION OF TERRITORY FROM A CITY TO A

24    HOME RULE CITY SHALL BE AS PROVIDED IN THIS SECTION AND NO OTHER

25    MEANS OF ANNEXATION SHALL BE EFFECTIVE.







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