April 27, 2010, Introduced by Reps. Meadows and Corriveau and referred to the Committee on Intergovernmental and Regional Affairs.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 9b (MCL 117.9b), as added by 1982 PA 465.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9b. (1) In addition to the detachment procedures
otherwise authorized by this act, and except as provided in
subsection (6), territory may be detached from a city if all of the
following conditions are met:
(a) The territory to be detached was annexed to the city after
the city was incorporated.
(b) The territory to be detached is to be reattached to the
municipality from which that territory was annexed.
(c) The city does not provide water or sewer service in the
territory to be detached.
(d) The council of the city from which the territory is being
detached approves a resolution authorizing the detachment of the
territory and confirming an agreement relating to the detachment.
(e) The legislative body of the municipality from which the
territory to be detached was annexed approves a resolution
authorizing detachment of the territory and confirming an agreement
related to the detachment.
(2) The city and municipality involved in a detachment under
this section may enter into an intergovernmental agreement which
imposes conditions on the detachment. The conditions may include,
but need not be limited to, building restrictions and zoning within
the territory to be detached.
(3) Territory detached under this section is immediately
reannexed to the detaching city if any of the following occurs:
(a) The city can and agrees to provide water and sewer
services, the city certifies these facts to the state boundary
commission, and the state boundary commission finds that the city
can provide water and sewer services to this territory.
(b) The municipality to which the territory was reattached
fails to comply with the intergovernmental agreement, the city
certifies that fact to the state boundary commission, and the state
boundary commission finds that the municipality is not in
compliance.
(4) Reannexation pursuant to subsection (3) shall not be
subject to the annexation requirements and restrictions of this
act, ;
Act No. 191 of the Public Acts of 1968, being sections
123.1001
to 123.1020 of the Michigan Compiled Laws; or Act No. 359
of
the Public Acts of 1947, being sections 42.1 to 42.34 of the
Michigan Compiled Laws 1968 PA 191, MCL 123.1001 to 123.1020, or
the charter township act, 1947 PA 359, MCL 42.1 to 42.34.
(5) All or part of territory detached under this section shall
not be subject to annexation.
(6) No territory may be detached from a city to a charter
township that meets all of the requirements of section 34(9) of the
charter township act, 1947 PA 359, MCL 42.34.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6071(request no.
00526'09) of the 95th Legislature is enacted into law.