February 27, 2008, Introduced by Rep. LaJoy and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending section 6 of chapter XIV (MCL 74.6) and by adding
sections 6b, 6c, and 6d to chapter XIV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIV
Sec.
6. (1) Whenever the council of any village shall
determine
Subject to section 6b of this
chapter and except as
otherwise provided in subsection (6), if the council determines by
resolution
to alter the boundaries of such the village, either by
taking
in lands and premises annexing
territory adjoining thereto
the
village or by taking out any lands
and premises detaching
territory included in such the
village, or both, they the
council
shall
petition the county board of supervisors commissioners of the
county
in which such lands and premises affected thereby are the
territory
is situated to make such that
change. Such The petition
shall be signed by the president and clerk of the village. The
petition
shall contain a include
all of the following:
(a)
A description by metes and bounds of
the lands and
premises
territory proposed to be added to or taken out of such
village,
and shall set forth the annexed
or detached.
(b)
The reasons for the proposed boundary
change. , and shall
contain
a
(c) A copy
of the resolution of the council in relation
thereto,
and shall be signed by the president and clerk of such
village
to the boundary change.
(2) Before
such the petition shall be is
presented to the
county board of supervisors notice shall be given by
the clerk
commissioners, the village clerk shall give notice of the time and
place
when the same petition will be presented for consideration,
by
publishing the same publication in a newspaper published in such
village
for at least 3 of general
circulation in the village and
the territory proposed to be annexed or detached not less than once
each week for 3 consecutive weeks immediately preceding the
presentation
of the same, and if no newspaper is published in such
village,
then petition or by posting the same notice
in at least 3
of
the most public places within the
village not located in any
territory
proposed to be annexed or detached, and
in at least 3 of
the
most public places of in the
territory directly affected
thereby.
Such proposed to be annexed
or detached. The notice shall
also
contain a description of the premises territory proposed to be
taken
in or out of the boundaries of such village. At the time of
presenting
such petition all annexed or
detached.
(3)
If a petition is presented, interested
parties interested
may
appear before such the
county board of supervisors
commissioners and be heard touching the proposed boundaries of
such
village,
and after such hearing and due consideration of such
petition,
it shall be the duty of the board of supervisors to order
and
determine as to whether the prayer contained in the petition or
any
part thereof shall be granted, and they shall make an order of
such
determination, which order shall be entered upon their
records,
and thereupon the boundaries of such village shall be
fixed
and shall exist as provided in such order, and a certified
copy
thereof shall be transmitted to the clerk of such village and
to
the secretary of state, and such order shall be prima facie
evidence
of such change of boundaries of such village and of the
regularity
of such proceedings in all courts and places on the
proposal. If the county board of commissioners enters an order
approving the petition, and if on the date the petition or
resolution was filed more than 100 persons resided in the area
approved for annexation, the county board of commissioners shall
send a certified copy of its order to the clerk of each county,
village, and township affected and to the secretary of state. The
county board of commissioners' order shall become final 30 days
after the date of the order unless within that 30-day period a
petition is filed with the county election commission that contains
the signatures of at least 25% of the registered electors residing
in the portion of the territory approved for annexation, in the
annexing village, or in the balance of the township. After
verifying that the referendum petition meets the requirements for
petitions under the Michigan election law, 1954 PA 116, MCL 168.1
to 168.992, the county election commission shall order that a
referendum on the question of annexation be held in each area from
which a valid petition was filed. If a valid petition is not filed
within 30 days or if the majority of the electorate voting on the
question in each area in which a referendum was held, voting
separately, approves the annexation, the annexation shall be
effective on a date set by order of the county board of
commissioners; otherwise the annexation shall not take effect.
(4) The county board of commissioners shall not approve a
petition for annexation or detachment if that proposed annexation
or detachment 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), except as
otherwise provided in section 6c of this chapter.
(5) Territory may be annexed to a village from a township only
if the territory to be annexed does not contain any real property
owned by the township, except for utilities and other facilities
that are located within a public right-of-way.
(6) Notwithstanding the provisions of section 6b of this
chapter, if the territory proposed to be annexed to a village is
located in a township and is adjacent to and owned by the village
proposing to annex the territory and if no persons reside in the
territory, the territory may be annexed under 1 of the following
methods:
(a) If the territory will be used for a public purpose for not
less than 8 years from the adoption of the resolution, by
resolution of the village council. For the purpose of this
subdivision, territory is used for a public purpose if it is exempt
from the collection of taxes under the general property tax act,
1893 PA 206, MCL 211.1 to 211.155. The township from which property
is annexed under this subdivision may file a petition with the
county board of commissioners at any time within 8 years from the
adoption of the resolution, alleging that the property annexed is
not being used for a public purpose. If the county board of
commissioners finds after a hearing on the petition that the
property is not being used for a public purpose, the county board
of commissioners shall issue and enter in its records an order that
the property be reattached to the township from which it was
annexed.
(b) By the affirmative majority vote of both the village
council and the township board.
(7) Except as otherwise provided in subsection (6), a proposed
annexation of territory in which 100 or fewer persons resided on
the date the petition is filed is subject to the provisions of
section 6b.
(8) The incorporation as a city by a village is not an
annexation under this section.
Sec. 6b. (1) The annexation of any territory with 100 or fewer
residents to a village from a township for which a petition is
filed with the county board of commissioners on or after the
effective date of the amendatory act that added this section is
subject to the procedures and conditions set forth in this section,
except as provided in section 6c.
(2) A village, property owner, or registered elector that
intends to petition the county board of commissioners for
annexation of territory with 100 or fewer residents to a village
from a township shall provide written notice of that intent by
certified mail, return receipt requested, to the clerk of any
village or township that is affected by the proposal and to the
county election commission.
(3) The village and township may negotiate an agreement
concerning the annexation of the territory that includes, but is
not limited to, an agreement not to contest the annexation petition
before the county board of commissioners, the sharing of tax
revenues, the future land use of the territory, and any other
factors or terms that may be considered or provided for in a
contract negotiated under 1984 PA 425, MCL 124.21 to 124.30, or an
interlocal agreement negotiated under the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(4) Forty-five days after receipt of the notice under
subsection (2), if no agreement has been reached under subsection
(3) between the village and the township concerning the proposed
annexation, a petition for annexation of territory may be filed
with the county board of commissioners. On the same day that the
petition is filed, the petitioner shall send a copy of the petition
by certified mail, return receipt requested, to the clerk of both
the village and township in which the territory is located.
(5) If no agreement is reached within 45 days after receipt of
the notice under subsection (2), the village or the township may
file a claim not later than 10 days after the expiration of that
period in the circuit court asserting that the other party did not
participate in negotiations in good faith. If the court finds that
the village or township did not participate in negotiations in good
faith, it may provide appropriate equitable relief, including, but
not limited to, prohibiting the annexation for a period of not more
than 2 years or prohibiting the referendum provided for in
subsection (6).
(6) If, within 30 days after receipt by the clerk of the
township of the petition for annexation, a petition for a
referendum on the question of annexation is filed with the county
election commission that contains the signatures of at least 25% of
the registered electors in the affected township, based on the most
recent certification of the number of registered electors made by
the township clerk to the county clerk, the county election
commission shall certify that the referendum petition meets the
requirements for petitions under the Michigan election law, 1954 PA
116, MCL 168.1 to 168.992, and call a special election for the
referendum to be held in the township within which the territory
proposed for annexation is located. If a township referendum
petition is certified, the governing body of the village may also
schedule a referendum on the annexation to be held on the same day
in the village. Up to 30 days after the referendum petition is
filed, the governing body of the village or township may adopt a
resolution to delay scheduling the referendum to allow time for the
village and township to continue negotiations concerning the
annexation. Upon adoption of a resolution by the governing body of
the village or township, the scheduling of the referendum shall be
delayed until 90 days after the date on which the referendum
petition is certified. The county election commission shall not
meet to schedule the referendum until 30 days after the petition is
filed. The special election shall be held not less than 60 days or
more than 90 days after the county election commission meets to
schedule the election under this subsection, unless a primary or
regular election, or a special election called for another purpose,
occurs not less than 60 days or more than 90 days after the
referendum petition is filed. In that event, the referendum shall
be submitted at that primary, regular, or special election and an
additional special election shall not be called.
(7) If a petition containing sufficient valid signatures for a
referendum on the question of annexation is not filed with the
county election commission under subsection (6), the county board
of commissioners shall proceed to process the annexation petition
under section 6.
(8) If an agreement under subsection (3) is reached 30 days
before the date of an election scheduled under subsection (6), the
referendum shall not be held. If no agreement is reached, the
referendum shall be held as ordered by the county election
commission. The annexation shall be allowed to occur only if a
majority of the electors voting on the issue in the township within
which the territory proposed for annexation is located, and in the
village if it holds an election under subsection (6), counted
separately, vote for the annexation.
(9) If a majority of the electors voting on the issue in the
township within which the territory proposed for annexation is
located vote for the annexation, and a majority of the electors
voting on the issue in the village vote for the annexation if it
holds an election under subsection (6), and the county board of
commissioners approves the annexation under section 6(3), the
county board of commissioners shall send a certified copy of its
order to the clerk of each county, village, and township affected
and to the secretary of state. The annexation shall be effective on
a date set forth in the county board of commissioners' order.
Sec. 6c. If the governing bodies of a village and township
approve by resolution an agreement to annex, or not to contest the
annexation of, territory in the township with 100 or fewer
residents before a petition for annexation is filed with the county
board of commissioners, the provisions of section 6b do not apply
and a petition for annexation may be filed at any time.
Sec. 6d. 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, calculated from the date that the most recent
annexation of that territory, if any, was completed.
(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. 5823(request no.
06118'07).
(c) Senate Bill No.____ or House Bill No. 5822(request no.
06119'07).
(d) Senate Bill No.____ or House Bill No. 5821(request no.
06120'07).
(e) Senate Bill No.____ or House Bill No. 5779(request no.
H06190'07*).