HB-5671, As Passed Senate, May 26, 2004

HOUSE BILL No. 5671

March 23, 2004, Introduced by Reps. Hune, Tabor, DeRoche, Stahl, Brandenburg, Nofs, Wenke, Stakoe, LaJoy, Ward, Plakas and Hoogendyk 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 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, the provisions of  Act No. 191           

6   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 the proposed incorporation, consolidation, or change of               

9   boundaries  shall be deemed is considered to include the whole             

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

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

House Bill No. 5671 as amended April 1, 2004

as amended May 25, 2004                                     

1   When a territory is proposed to be incorporated as a city only              

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

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

4   state  by the appropriate agency designated by the state                    

5   administrative board which 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

9   territory is situated,  such the annexation may be accomplished            

10  by the affirmative majority vote of the governing body of  such

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

12  township.                                                                   

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

14  petition or resolution for annexation of territory shall be filed           

15  in the Lansing office of with the state boundary commission               

16  created under 1968 PA 191, MCL 123.1001 to 123.1020.  The                   

17  commission, after determining the validity of the petition or               

18  resolution, shall hold a public hearing in or reasonably near the           

19  area proposed for annexation.  The commission in processing and             

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

21  annexation shall have the same powers and duties  and be in                 

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

23  the Public Acts of 1968 as provided under 1968 PA 191, MCL                 

24  123.1001 to 123.1020, relating to petitions which propose                   

25  incorporations.  In addition to providing notice to [property owners <<   

26  located    >> in the area proposed for annexation, the commission shall     

27  also give notice of each public hearing held under this                     

House Bill No. 5671 as amended April 1, 2004

as amended May 25, 2004                                     

1   subsection to [property owners <<located>> within 300 feet of the area      

2   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.>>

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

4   commission shall send a certified copy of its order to the clerk            

5   of each county, city, village, and township affected.                       

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

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

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

9   not be subject to a referendum.  The commission shall send a                

10  certified copy of its order to the clerk of each county, city,              

11  village, and township affected and to the secretary of state.               

12  The annexation shall be effective on a date set forth in the                

13  commission's order.                                                         

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

15  petition or resolution was filed more than 100 persons resided in           

16  the area approved for annexation, the commission shall send a               

17  certified copy of its order to the clerk of each county, city,              

18  village, and township affected and to the secretary of state.               

19  The commission's order shall become final 30 days after the date            

20  of the order unless within that 30 days a petition is filed with            

21  the commission which contains the signatures of at least 25% of             

22  the registered electors residing in the portion of the territory            

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

24  of the township.  The commission after verifying the validity of            

25  any referendum petition shall order that a referendum on the                

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

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

1   30 days or if the majority of the electorate voting on the                  

2   question in each area in which a referendum was held, voting                

3   separately, approve the annexation, the annexation shall be                 

4   effective on a date set by order of the commission, otherwise the           

5   annexation shall not take effect.                                           

6       (6) The commission shall reject a petition or resolution for                

7   annexation of territory  which that includes all or any part of            

8   the territory which was described in any petition or resolution             

9   for annexation filed within the preceding 2 years and which was             

10  denied by the commission or was defeated in an election  pursuant           

11  to under subsection (5).                                                   

12      (7) In addition to the methods for initiating annexation as                 

13  provided in this act, a petition or resolution as follows may be            

14  submitted to the state boundary commission in a form and manner             

15  prescribed by  it the commission:                                          

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

17  which the area is proposed to be annexed.                                   

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

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

20  who collectively hold equitable title as a vendee under a                   

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

22  title to 75% or more of the area of the land exclusive of streets           

23  in the territory proposed for annexation at the time of filing              

24  the petition.                                                               

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

26  in the area proposed for annexation.                                        

27      (8) Where the territory proposed to be annexed to any city                  

1   is adjacent to the city and consists of a park or vacant property           

2   located in a township and owned by the city annexing the  same

3   territory, and there is no one residing  thereon, such in the              

4   territory, the territory may be annexed to the city solely by               

5   resolution of the city council of the city.  or in In any case             

6   where the territory proposed to be annexed is adjacent to the               

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

8   fractional parts of platted subdivision lots, located in an                 

9   adjoining city, village, or township,  such the annexation may             

10  also be accomplished by the  affirmative  majority vote of the              

11  legislative body of  such the city and the approval of the                 

12  legislative body of  such the adjoining city, village, or                  

13  township.  As an alternate method, where there are no qualified             

14  electors residing in the territory proposed to be annexed to the            

15  city, other than the person or persons petitioning, a petition              

16  signed by a person or persons, firms, corporations, the United              

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

18  collectively hold the equitable title as a vendee under a                   

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

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

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

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

23  the territory is situated,  such the annexation may be                     

24  accomplished by the affirmative majority vote of the city council           

25  of  such the city and the approval of the township board of                

26  such the township.  At least 10 days prior to the approval by             

27  the township board, the township treasurer shall notify,                    

House Bill No. 5671 as amended May 25, 2004                                 

1   personally or by registered mail with return receipt demanded,              

2   the owners of all real property in the territory to be annexed as           

3   shown on the assessment rolls of the township at the last known             

4   address on file with the township treasurer.   This Except as              

5   otherwise provided, this section shall not be construed  so as

6   to give any city the authority  to proceed hereunder  to attach             

7   territory from any other city unless the question relative                  

8   thereto to the territory has been voted upon by the voters of             

9   the entire cities affected  , except as hereinbefore specifically           

10  provided,  where the territory proposed to be annexed is adjacent           

11  to a city and consists of property owned by the city or consists            

12  of fractional parts of platted subdivision lots, located in an              

13  adjoining city.                                                             

14      (9) The provisions of section 14 shall not be applicable to                 

15  an annexation approved by the commission of part of a township or           

16  village to a city except in the event of outstanding bonds or               

17  other evidences of indebtedness of the township or village.  In             

18  such event, the commission shall determine and order an equitable           

19  division of assets and liabilities which relate to the bonds or             

20  other indebtedness.                                                         

21      (10) The provisions of sections 8 and 8a shall not be                       

22  applicable to petitions or resolutions filed with the state                 

23  boundary commission.                                                        

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

25  the Public Acts of 1968 1968 PA 191, MCL 123.1001 to 123.1020, is in effect, annexation>> of                                                                 

26  territory from a township or village to a home rule city shall be           

27  as provided in this section and no other means of annexation                

House Bill No. 5671 as amended April 1, 2004

as amended May 25, 2004                                     

1    shall be effective.

[(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).]