House Introduced Bill 4685

HOUSE BILL No. 4685


     May 18, 1999, Introduced by Reps. Bradstreet, Vear, Tabor, Patterson, Sanborn,
DeWeese and Law and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1895 PA 3, entitled

   "The general law village act,"

   by amending section 6 of chapter XIV (MCL 74.6) and by adding

   section 6b to chapter XIV.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               CHAPTER XIV

 2         Sec. 6.  (1)  Whenever the council of any village shall

 3     determine  IF THE COUNCIL DETERMINES by resolution
                       to alter the

 4    boundaries of  such  THE village, either by
              taking in lands and

 5     premises  ANNEXING TERRITORY adjoining 
                       thereto  THE VILLAGE or

 6    by  taking out any lands and premises  DETACHING
             TERRITORY

 7    included in  such  THE village, or both, 
             they  THE COUNCIL shall

 8    petition the COUNTY board of  supervisors 
             COMMISSIONERS of the

 9    county in which  such lands and premises affected thereby
             are 

10    THE TERRITORY IS situated to make  such  THAT
             change.  Such  THE


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 1    PETITION SHALL BE SIGNED BY THE PRESIDENT AND CLERK OF THE

 2    VILLAGE. THE petition shall  contain a  INCLUDE ALL
             OF THE

 3    FOLLOWING:

 4         (A) A description by metes and bounds of the  lands and

 5     premises  TERRITORY proposed to be  added
                       to or taken out of such

 6     village, and shall set forth the  ANNEXED OR
                       DETACHED.

 7         (B) THE reasons for the proposed BOUNDARY change.  ,and

 8     shall contain a 

 9         (C) A copy of the resolution of the council in relation

10     thereto, and shall be signed by the president and clerk of
             such

11     village  TO THE BOUNDARY CHANGE.

12         (2) Before  such  THE petition  shall
             be  IS presented to

13    the board of  supervisors notice shall be given by the clerk
             

14    COMMISSIONERS, THE VILLAGE CLERK SHALL GIVE NOTICE of the time

15    and place when the  same  PETITION will be
             presented for consid-

16    eration, by  publishing the same  PUBLICATION in a
             newspaper

17     published in such village for at least 3  OF
             GENERAL CIRCULATION

18    IN THE VILLAGE NOT LESS THAN ONCE EACH WEEK FOR 3 CONSECUTIVE

19    weeks immediately preceding the presentation of the  same,
             and if

20     no newspaper is published in such village, then 
                       PETITION OR by

21    posting the  same  NOTICE in at least 3  of
             the most  public

22    places within the village NOT LOCATED IN ANY TERRITORY PROPOSED

23    TO BE ANNEXED OR DETACHED, and in at least 3  of the most
              public

24    places  of  IN the territory  directly
             affected thereby.  Such 

25    PROPOSED TO BE ANNEXED OR DETACHED.  THE notice shall also con-

26    tain a description of the  premises  TERRITORY
             proposed to be





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                                   3

 1     taken in or out of the boundaries of such village.  At the
             time

 2     of presenting such petition all  ANNEXED OR
                       DETACHED.

 3         (3) IF A PETITION IS PRESENTED, INTERESTED parties

 4     interested  may appear before  such
              THE COUNTY board of

 5     supervisors  COMMISSIONERS and be heard 
             touching the proposed

 6     boundaries of such village, and after such hearing and due
                       con-

 7     sideration of such petition, it shall be the duty of the
                       board of

 8     supervisors to order and determine as to whether the prayer
                       con-

 9     tained in the petition or any part thereof shall be granted,
                       and

10     they shall make an order of such determination, which order
                       shall

11     be entered upon their records, and thereupon the boundaries
                       of

12     such  ON THE PROPOSAL.  AFTER THE HEARING AND, IF
                       REQUIRED UNDER

13    SECTION 6B, A VOTE ON A PROPOSED ANNEXATION, THE COUNTY BOARD OF

14    COMMISSIONERS SHALL ISSUE AND ENTER IN ITS RECORDS AN ORDER

15    DETERMINING WHETHER TO GRANT ALL OR PART OF THE BOUNDARY CHANGE

16    PETITIONED FOR.  UPON ISSUANCE OF THE ORDER, AND SUBJECT TO VOTER

17    APPROVAL UNDER SECTION 6B, THE BOUNDARIES OF THE village shall be

18    fixed and shall exist as provided in  such order, and a
             certified

19     copy thereof shall be transmitted  THE ORDER.  UPON
                       ISSUANCE OF

20    THE ORDER, THE COUNTY CLERK SHALL TRANSMIT A COPY OF THE ORDER to

21    the clerk of  such  THE village and to the
             secretary of state.  ,

22     and such  THE order shall be prima facie evidence
                       of  such  THE

23    change of boundaries of  such  THE village and of
             the regularity

24    of  such  THE proceedings.  in all courts
             and places. 

25         SEC. 6B.  (1) A VILLAGE SHALL NOT PROCEED TO ANNEX TERRITORY

26    UNDER SECTION 6 OF THIS CHAPTER FROM ANY OTHER VILLAGE OR A CITY,

27    TOWNSHIP, OR CHARTER TOWNSHIP IF THAT CITY, VILLAGE, TOWNSHIP, OR



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 1    CHARTER TOWNSHIP HAS A POPULATION OF 3,000 OR MORE AS SHOWN BY

 2    THE LAST FEDERAL DECENNIAL CENSUS OR ANY SPECIAL FEDERAL OR STATE

 3    CENSUS HELD AFTER THE LAST FEDERAL DECENNIAL CENSUS OR HAS A

 4    STATE EQUALIZED VALUATION OF $25,000,000.00 OR MORE UNLESS THE

 5    QUESTION OF THE ANNEXATION HAS BEEN VOTED UPON BY THE VOTERS IN

 6    THE TERRITORY PROPOSED FOR ANNEXATION, IF ANY, AND THE BALANCE OF

 7    EACH CITY, VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP AFFECTED BY THE

 8    ANNEXATION VOTING INDEPENDENTLY.

 9         (2) IF A VOTE IS REQUIRED UNDER SUBSECTION (1), THE ANNEXA-

10    TION SHALL BE CONSIDERED DEFEATED IF A MAJORITY OF THE ELECTORS

11    VOTING ON THE ISSUE IN THE ANNEXING VILLAGE, THE TERRITORY PRO-

12    POSED FOR ANNEXATION, OR THE BALANCE OF THE CITY, VILLAGE, TOWN-

13    SHIP, OR CHARTER TOWNSHIP WITHIN WHICH THE TERRITORY PROPOSED FOR

14    ANNEXATION IS LOCATED VOTE AGAINST THE ANNEXATION.  OTHERWISE,

15    THE ANNEXATION SHALL BE CONSIDERED APPROVED AND EFFECTIVE WHEN

16    THE COUNTY BOARD OF COMMISSIONERS ENTERS AN ORDER APPROVING THE

17    ANNEXATION UNDER SECTION 6 OF THIS CHAPTER.























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