Senate Introduced Bill 849






















SENATE BILL No.
849



   October 26, 1999, Introduced by Senator EMMONS and referred to the Committee on Local, 
        Urban and State Affairs.



        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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                                                2

 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  IN THAT TERRITORY, THE territory
             may be annexed

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

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

 5    adjacent to the city and consists of property owned by the city

 6    or consists of fractional parts of platted subdivision lots 
             , 

 7    located in an adjoining city, village, or township,  such
              annex-

 8    ation may also be accomplished by the affirmative majority vote

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

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

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

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

13    the city, other than the person or persons petitioning, a peti-

14    tion signed by a person or persons, firms, corporations, the

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

16     who  THAT collectively hold the equitable title as
             a vendee

17    under a recorded land contract or memorandum of land contract, or

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

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

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

21    THE territory is situated,  such  annexation may be
             accomplished

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

23    THE 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 the authority to

 4    proceed  hereunder to attach  UNDER THIS SUBSECTION
             TO ANNEX ter-

 5    ritory from  any other  ANOTHER city, VILLAGE, OR
             TOWNSHIP unless

 6    the question relative  thereto has been voted upon by the
             voters

 7     of the entire cities affected  TO THE ANNEXATION
                       HAS BEEN VOTED

 8    UPON AND APPROVED BY A MAJORITY OF THE VOTERS IN THE ANNEXING

 9    CITY, THE VOTERS, IF ANY, IN THE TERRITORY PROPOSED FOR ANNEXA-

10    TION, AND THE VOTERS OF THE BALANCE OF EACH CITY, VILLAGE, OR

11    TOWNSHIP IN WHICH THE TERRITORY PROPOSED TO BE ANNEXED IS

12    LOCATED, ALL VOTING SEPARATELY, except as  hereinbefore

13     specifically  OTHERWISE provided IN THIS SECTION,
                        where  IF the

14    territory proposed to be annexed is adjacent to a city and con-

15    sists of property owned by the city or consists of fractional

16    parts of platted subdivision lots  ,  located in an
             adjoining

17    city.  THE ANNEXATION SHALL BE CONSIDERED DEFEATED IF A MAJORITY

18    OF THE VOTERS VOTING ON THE ISSUE IN THE ANNEXING CITY, IN THE

19    TERRITORY PROPOSED FOR ANNEXATION, OR IN THE BALANCE OF A CITY,

20    VILLAGE, OR TOWNSHIP IN WHICH THE TERRITORY PROPOSED TO BE

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

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

23    STATE BOUNDARY COMMISSION.

24         (8)  (9) The provisions of section  SECTION 14
              shall not be

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

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

27     event of  UNLESS THERE ARE outstanding bonds or
                       other evidences



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

 2    commission shall determine and order an equitable division of

 3    assets and liabilities  which  THAT relate to the
             bonds or other

 4    indebtedness.

 5         (9)  (10) The provisions of sections  SECTIONS
             8 and 8a

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

 7    tions filed with the state boundary commission.

 8         (10)  (11) After March 31, 1971, and so long as Act No.
             191

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

10    123.1020, is in effect, annexation of territory from a CITY,

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

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

13    shall be effective.































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