February 27, 2008, Introduced by Rep. LaJoy and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
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), section 4 as
amended by 2003 PA 304, and by adding section 5b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A petition under section 2 shall be addressed to
the county board of commissioners of the county in which the
territory to be affected by the proposed incorporation,
consolidation, or change of boundaries is located. The petition
shall be filed with the clerk of the county board of commissioners
not less than 30 days before the county board of commissioners
convenes
in regular session, or in a special session called for the
purpose
of considering the to
consider that petition. The county
board of commissioners shall determine if the petition complies
with the requirements of this act and if the statements contained
in the petition are correct.
(2) If a majority of the county board of commissioners
determines
that the petition does or
the signatures do not comply
with the requirements of this act or that the statements contained
in the petition are not correct, the county board of commissioners
shall not conduct further proceedings on the petition. If the
county board of commissioners determines that the petition complies
with the requirements of this act and that the statements contained
in the petition are correct, the county board of commissioners
shall, by resolution, provide that the question of making the
proposed incorporation, consolidation, or change of boundaries be
submitted
to the qualified electors of the each district to be
affected at the next general election, or at a special election
before the next general election on a regular election day
established under section 641 of the Michigan election law, 1954 PA
116, MCL 168.641, that is held 60 days or more after the adoption
of the resolution.
(3) (2)
After the adoption of a the resolution
submitting the
ballot question to a vote of the electors, neither the sufficiency
nor
legality of the petition under section 2 may shall be
questioned in any proceeding.
(4) The county board of commissioners shall not approve a
proposed annexation if that proposed annexation was disapproved by
the county board of commissioners or rejected by the qualified
electors within 2 years before the date the petition is filed under
subsection (1).
(5) The incorporation as a city by a village is not an
annexation under this section.
Sec.
5. (1) The A district to be affected by every such a
proposed
incorporation, consolidation, or change of boundaries ,
shall
be deemed to include includes the whole of each city,
village, or township from which territory is to be taken or to
which
territory is to be annexed. : Provided, however, That
proposed
(2) Proposed incorporations, consolidations, or changes of
boundaries shall be submitted to the qualified electors residing
within
the territory proposed to be incorporated, or residing
within
the village to which territory is
to be annexed, as the case
may
be, and also to the qualified electors of and the city,
village, or
township , from which the territory to be taken is
located. and
at the election, when the said question is voted upon,
(3) In an election for a proposed incorporation or annexation,
the
city, village, or township shall conduct the election in such
manner
as to keep record separately the votes of the qualified
electors
in the territory proposed to be incorporated or annexed or
detached
in a separate box from the one containing and the votes of
the
qualified electors from the remaining
portions of such the
city,
village, or township. , and if the returns of said election
shall
show If a majority of the votes cast qualified electors in
the district proposed to be incorporated or annexed, voting
separately,
to be in favor of approve the proposed incorporation or
change
of boundary as the case may be annexation, and if a majority
of
the qualified electors voting in the remainder of the
district
to
be affected, as herein defined, voting collectively, are
in
favor
of approve the proposed incorporation or change of boundary
as
the case may be annexation, then such that territory shall
become incorporated as a village or shall become a part of the
corporate
territory of the village. or shall be detached therefrom,
as
the case may be: Provided further, That in case If
there are no
qualified electors residing within the territory proposed to be
detached,
or annexed , and if
a majority of electors voting in the
remainder
of the district to be affected , as herein defined, are
in
favor of the proposed change of boundary annexation, then such
that territory shall become a part of the corporate territory of
the
village. or shall be detached therefrom, as the case may
be:
Provided
further, That the The
question of a proposed detachment of
territory from a village to a township shall be submitted to the
qualified electors as provided in section 5b.
(4) The question of incorporating a new village from territory
located in a township or townships shall be determined by a
majority of the votes cast at an election at which only the
qualified electors residing within the territory proposed to be
incorporated shall vote.
Sec. 5b. Notwithstanding any other provision of this act,
territory may be detached from a village to a township only if all
of the following conditions are met:
(a) The territory to be detached does not contain any real
property owned by the village, except for utilities and other
facilities that are located within a public right-of-way.
(b) The territory to be detached was not annexed within the
previous 2 years.
(c) The detachment is approved by a majority vote of the
qualified electors residing in each of the following, counted
separately:
(i) The territory proposed to be detached from the village.
(ii) The remaining portion of the village.
(iii) The township to which the territory will be attached.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5825(request no.
06117'07).
(b) Senate Bill No.____ or House Bill No. 5822(request no.
06119'07).
(c) Senate Bill No.____ or House Bill No. 5821(request no.
06120'07).
(d) Senate Bill No.____ or House Bill No. 5824(request no.
06121'07).
(e) Senate Bill No.____ or House Bill No. 5779(request no.
H06190'07*).