House Introduced Bill 4676

HOUSE BILL No. 4676


     May 13, 1999, Introduced by Reps. DeVuyst, DeHart, Tabor, Gosselin, Garcia, Law and Scranton and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1909 PA 278, entitled

   "The home rule village act,"

   by amending sections 4 and 5 (MCL 78.4 and 78.5).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1)  Said  A petition UNDER SECTION 3 shall be

 2    addressed to the board of  supervisors  COMMISSIONERS of the

 3    county in which the territory to be affected by  such  THE pro-

 4    posed incorporation, consolidation, or change of boundaries is

 5    located, and shall be filed with the clerk of  said  THE board OF

 6    COMMISSIONERS not less than 30 days before the  convening of

 7     such  board OF COMMISSIONERS CONVENES in regular session, or in

 8     any  A special session called  for the purpose of considering

 9     said  TO CONSIDER THAT petition.  , and if, before final action

10     thereon, it shall appear to said board or 




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 1         (2) IF a majority  thereof  OF THE BOARD OF COMMISSIONERS

 2    DETERMINES that  said  THE petition or the  signing thereof does 

 3    SIGNATURES DO not conform to this act, or THAT THE PETITION con-

 4    tains incorrect statements, THE BOARD OF COMMISSIONERS SHALL TAKE

 5    no further proceedings  pursuant to said  ON THAT petition.

 6     shall be had, but, if it shall appear  IF A MAJORITY OF THE

 7    BOARD OF COMMISSIONERS DETERMINES that  said  THE petition con-

 8    forms  in all respects  to  the provisions of  this act, and that

 9    the statements contained  therein  IN THE PETITION are true,

10     said  THE board of  supervisors  COMMISSIONERS shall, by resolu-

11    tion, provide that the question of making the proposed incorpora-

12    tion, consolidation, or change of boundaries shall be submitted

13    to the qualified electors of the district OR DISTRICTS to be

14    affected AS PROVIDED UNDER SECTION 5 at the next general elec-

15    tion, if  one  A GENERAL ELECTION shall occur in not less than

16     40  70 days and not more than 90 days after the adoption of

17     such  THE resolution.  , and if  IF no general election is to

18    occur within  such  THAT period,  said  THE resolution shall fix

19    a date within  such  THAT period for a special election on  such 

20    THE question.

21         (3) After the adoption of  such  THE resolution, neither the

22    sufficiency nor legality of the petition on which it is based

23     may  SHALL be questioned in any proceeding.

24         Sec. 5.  (1)  The  A district to be affected by  every such 

25    A proposed incorporation, consolidation, or change of boundaries

26     , shall be deemed to include  INCLUDES the whole of each city,

27    village, or township from which territory is to be taken or to



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 1    which territory is to be annexed.  :  Provided, however, That

 2     proposed 

 3         (2) PROPOSED incorporations, consolidations, or changes of

 4    boundaries shall be submitted to the qualified electors residing

 5    within the territory proposed to be incorporated,  or residing

 6     within  the village to which territory is to be annexed,  as the

 7     case may be, and also to the qualified electors of  AND the city,

 8    village, or township  ,  from which the territory to be taken is

 9    located.  and at the election, when the said question is voted

10     upon, 

11         (3) IN AN ELECTION FOR A PROPOSED INCORPORATION, the city,

12    village, or township shall  conduct the election in such manner

13     as to keep  RECORD SEPARATELY the votes of the qualified electors

14    in the territory proposed to be incorporated  or annexed or

15     detached in a separate box from the one containing  the votes OF

16    THE QUALIFIED ELECTORS from the remaining portions of  such  THE

17    city, village, or township.  , and if the returns of said elec-

18     tion shall show  IF a majority of the  votes cast  QUALIFIED

19    ELECTORS in the district proposed to be incorporated,  or

20     annexed,  voting separately,  to be in favor of  APPROVE the pro-

21    posed incorporation,  or change of boundary as the case may be, 

22    and if a majority of the QUALIFIED electors  voting  in the

23    remainder of the district to be affected,  as herein defined, 

24    voting collectively,  are in favor of  APPROVE the proposed

25    incorporation,  or change of boundary as the case may be,  then

26     such  THAT territory shall become incorporated as a village.  or

27     shall become a part of the corporate territory of the village or



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 1    shall be detached therefrom, as the case may be:  Provided

 2     further, That in case 

 3         (4) IN AN ELECTION FOR A PROPOSED ANNEXATION OR CONSOLIDA-

 4    TION, THE CITY, VILLAGE, OR TOWNSHIP SHALL RECORD SEPARATELY THE

 5    VOTES OF THE QUALIFIED VOTERS IN THE TERRITORY PROPOSED FOR

 6    ANNEXATION, IN THE BALANCE OF THE CITY, VILLAGE, OR TOWNSHIP IN

 7    WHICH THE TERRITORY PROPOSED FOR ANNEXATION OR CONSOLIDATION IS

 8    LOCATED, AND IN THE CITY, VILLAGE, OR TOWNSHIP TO WHICH THE TER-

 9    RITORY SHALL BE ANNEXED OR CONSOLIDATED.  THE ANNEXATION OR CON-

10    SOLIDATION SHALL BE CONSIDERED DEFEATED IF A MAJORITY OF THE

11    QUALIFIED ELECTORS VOTING ON THE ISSUE IN THE ANNEXING OR CONSOL-

12    IDATING VILLAGE, IN THE TERRITORY PROPOSED FOR ANNEXATION OR CON-

13    SOLIDATION, OR IN THE BALANCE OF THE CITY, VILLAGE, OR TOWNSHIP

14    IN WHICH THE TERRITORY PROPOSED FOR ANNEXATION OR CONSOLIDATION

15    IS LOCATED, VOTING SEPARATELY, VOTE AGAINST THE ANNEXATION.

16         (5) IF there are no qualified electors residing within the

17    territory proposed to be detached  ,  or annexed  , if  AND a

18    majority of THE QUALIFIED electors voting in the remainder of the

19    district  to be  affected  , as herein defined, are in favor of 

20    APPROVE the proposed  change of boundary, then such  ANNEXATION

21    OR DETACHMENT, THAT territory shall  become a part of the corpo-

22     rate territory of the village or shall be detached therefrom, as

23     the case may be:  Provided further, That the  BE ANNEXED OR

24    DETACHED.

25         (6) THE question of incorporating a new village from terri-

26    tory located in a township or townships shall be determined by a

27    majority of the votes cast at an election at which only the



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 1    QUALIFIED electors residing within the territory proposed to be

 2    incorporated shall vote.




















































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