House Introduced Bill 6221

HOUSE BILL No. 6221


     November 5, 1998, Introduced by Rep. Gubow and referred to the Committee on Local Government.


        A bill to amend 1909 PA 279, entitled

   "The home rule city act,"

   by amending section 6 (MCL 117.6), as amended by 1984 PA 352, and

   by adding section 9c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 6.  (1)  Cities  EXCEPT AS OTHERWISE PROVIDED IN THIS

 2    ACT, CITIES may be incorporated,  or  territory MAY BE detached

 3     therefrom or  FROM A CITY, TERRITORY MAY BE added  thereto  TO A

 4    CITY, or consolidation MAY BE made of 2 or more cities or vil-

 5    lages into 1 city, or of a city and 1 or more villages into 1

 6    city, or of 1 or more cities or villages together with additional

 7    territory not included within any incorporated city or village

 8    into 1 city, by proceedings originating by petition.  therefor 

 9    EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE PETITION SHALL

10    BE signed by THE NUMBER of qualified electors who are freeholders


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 1    residing within the cities, villages, or townships to be

 2    affected,  thereby, to a number  REPRESENTING not less than 1% of

 3    the population of the territory affected  thereby  according to

 4    the last preceding United States census, or according to a census

 5    to be taken as  hereinafter  provided IN THIS SECTION, which

 6     number  QUALIFIED ELECTORS shall be in no case less than 100,

 7    and not less than 10 of the signatures to  such  THE petition

 8    shall be obtained from each city, village, or township to be

 9    affected by the proposed change.  :  Provided, That in 

10         (2) IN the incorporation of a city from an existing village

11    without change of boundaries, the requisite number of signatures

12    may be obtained from throughout the village without regard to the

13    townships in which the signers are residents.  :  Provided fur-

14     ther, That as an alternate method in 

15         (3) IN the case of an annexation proceeding in which there

16    are less than 10 persons qualified to sign the petition living in

17     that  AN unincorporated territory of any township or townships

18    proposed to be annexed to a city,  that  the signatures on the

19    petition of persons, firms, corporations, the United States gov-

20    ernment, or the state or any of its subdivisions who collectively

21    hold equitable title as vendees under a recorded land contract or

22    memorandum of land contract, or record legal title to more than

23    1/2 of the area of the land exclusive of streets, in the terri-

24    tory to be annexed at the time of filing the petition, will suf-

25    fice in lieu of obtaining 10 signatures from the township in

26    which  such  THE area to be annexed lies.  :  And provided

27     further, That on such  ON THAT petition each signature shall be



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 1    followed by a description of the land and the area represented

 2     thereby  and a sworn statement shall also accompany  such  THE

 3    petition giving the total area of the land, exclusive of streets,

 4    lying within the area proposed to be annexed.  :  Provided fur-

 5     ther, That before 

 6         (4) BEFORE any signatures are obtained on a petition as

 7     hereinbefore  provided IN THIS SECTION,  such  THE petition

 8    shall have attached to it a map or drawing showing clearly the

 9    territory proposed to be incorporated, detached, or added, and

10    each prospective signer shall be shown  such  THE map or drawing

11    before signing the petition.  Such 

12         (5) A petition shall be verified by the oath of 1 or more

13    petitioners.

14         (6) The county clerk upon the presentment of a petition for

15    incorporation of a new city for filing shall  forthwith  estimate

16    all necessary expense that may be incurred by the county in the

17    incorporation proceedings, and the clerk  thereupon  shall

18    require that  the sum so estimated  AMOUNT, which in no case

19    shall exceed $500.00, be deposited with the clerk and shall

20    refuse to accept the petition for filing until  the sum is so 

21    THAT AMOUNT IS deposited.  :  Provided, That in 

22         (7) IN proceedings for the incorporation of a new city or

23    the consolidation of 2 or more cities or villages into 1 city, or

24    of a city and 1 or more villages into 1 city or of 1 or more

25    cities or villages together with additional territory not

26    included within any incorporated city or village into 1 city, a

27    petition signed by not less than 100 qualified electors who are



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 1    freeholders residing within the territory  so  proposed to be

 2    incorporated or consolidated,  praying for the taking of 

 3    REQUESTING a census of the inhabitants of the territory affected,

 4     thereby,  may be filed with the county clerk of the county

 5    within which  said  THE territory is located.  The county clerk

 6    shall, within 5 days after the filing of  such  THAT petition,

 7    certify to the mayor of each city, president of each village, and

 8    supervisor of each township affected,  thereby,  and to the sec-

 9    retary of state that  such  THE petition has  so  been filed.

10    Within 5 days after the service of  such  THE certificate, the

11    secretary of state shall appoint an enumerator or enumerators to

12    enumerate the inhabitants of each  such  city, village, and the

13    portion of each township proposed to be  so  incorporated, or  a

14     consolidation made thereof  CONSOLIDATED.  Before entering upon

15    the duties of  said  office, each  such  enumerator shall take

16    and subscribe to the constitutional oath of office before  some 

17    AN officer authorized to administer oaths and file  the same  HIS

18    OR HER OATH with the secretary of state and with the county clerk

19    of the county in which  such  THE territory is located.  It

20     shall be the duty of each  EACH enumerator  so  appointed  to 

21    SHALL enumerate all of the bona fide inhabitants of  such  THE

22    city, village, or township, territory or portion  thereof  OF

23    TERRITORY assigned to the enumerator by the secretary of state

24    and to visit each house or dwelling and to obtain the names of

25    each known resident.  thereof.  The city, village, or township

26    within which the services of the enumerator are rendered shall

27    pay for  such  THOSE services, together with any actual and



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 1    necessary expenses incurred by the enumerator.  The rate of pay

 2    and actual and necessary expenses of the enumerator shall be set

 3    by the governing body of the city, village, or township in which

 4    the census takes place.  Upon completing  such  THE enumeration,

 5     it shall be the duty of  the  persons so appointed to 

 6    ENUMERATORS SHALL make a return in duplicate of  such  THE enu-

 7    meration showing the names of the inhabitants of each  such 

 8    city, village, or township, territory, or district to the county

 9    clerk and to the secretary of state.  No  such  enumeration or

10    census shall be conducted in any city, village, or township, or

11    portion  thereof,  OF A CITY, VILLAGE, OR TOWNSHIP, within 2

12    years of the date of the last enumeration in  such  THAT

13    territory.  Every  such  enumeration shall be conducted under the

14    general supervision and control of the secretary of state who  is

15     hereby empowered to  MAY make rules and regulations for the pur-

16    pose of carrying out  the provisions of  this act.

17         SEC. 9C.  (1) IN ADDITION TO THE DETACHMENT PROCEDURES OTH-

18    ERWISE AUTHORIZED BY THIS ACT, TERRITORY MAY BE DETACHED FROM A

19    CITY AND ATTACHED TO A DIFFERENT CITY IF ALL OF THE FOLLOWING

20    CONDITIONS ARE MET:

21         (A) THE COUNCIL OF THE CITY FROM WHICH THE TERRITORY IS TO

22    BE DETACHED APPROVES A RESOLUTION AUTHORIZING THE DETACHMENT OF

23    THE TERRITORY AND PLACING THE ISSUE OF THE DETACHMENT OF THE TER-

24    RITORY ON THE BALLOT AT THE NEXT REGULARLY SCHEDULED ELECTION OR

25    AT SPECIAL ELECTION CALLED FOR THAT PURPOSE.







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 1         (B) THE COUNCIL OF THE CITY TO WHICH THE DETACHED TERRITORY

 2    IS TO BE ATTACHED APPROVES A RESOLUTION AUTHORIZING THE

 3    ATTACHMENT OF THE TERRITORY.

 4         (C) A MAJORITY OF THE QUALIFIED VOTERS RESIDING IN THE TER-

 5    RITORY TO BE DETACHED APPROVE THE DETACHMENT AT THE REGULARLY

 6    SCHEDULED ELECTION OR SPECIAL ELECTION AT WHICH THE ISSUE OF

 7    DETACHMENT APPEARS ON THE BALLOT.

 8         (2) THE CITIES INVOLVED IN A DETACHMENT UNDER THIS SECTION

 9    MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT THAT IMPOSES CONDI-

10    TIONS ON THE DETACHMENT.  THE CONDITIONS MAY INCLUDE, BUT NEED

11    NOT BE LIMITED TO, BUILDING RESTRICTIONS, ZONING, AND WATER,

12    SEWER, POLICE, AND FIRE SERVICES WITHIN THE TERRITORY TO BE

13    DETACHED.































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