December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1895 PA 215, entitled
"The fourth class city act,"
by amending sections 4 and 12 of chapter I, section 1 of chapter
II, section 12 of chapter VII, section 8 of chapter VIII, section
6 of chapter IX, section 3 of chapter XXII, section 6 of chapter
XXV, section 27 of chapter XXX, and sections 6 and 15 of chapter
XXXI (MCL 81.4, 81.12, 82.1, 87.12, 88.8, 89.6, 102.3, 105.6,
110.27, 111.6, and 111.15).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER I--INCORPORATION
2 Sec. 4. At least 30 days before the time of holding any
3 election at which the question mentioned in the preceding section
4 shall be 3 of this
chapter is submitted to a vote of the
5 electors, the clerk of the village shall give public notice of
1 the time and place of holding such the election ; and that the
2 question of whether the village shall be incorporated as a city
3 of the fourth class under the provisions of this act , will be
4 submitted to a vote at the election. Such Before January 1, 2015,
5 at least 30 days before the election, the notice shall be given
6 by posting written or printed copies thereof of the notice in 10
7 of the most public places in the village, and by publishing the
8 same notice in 1 or more newspapers published in the village. ,
9 the same length of time before such election.Beginning January 1,
10 2015, at least 30 days before the election, tier A public notice
11 of the notice shall be provided as set forth in the local
12 government public notice act.
13 Sec. 12. (1) At least 10 days before the first election in
14 and for the new corporation, the council of the old corporation
15 shall appoint 4 persons individuals
in each ward as election
16 inspectors. of such election therein; and
17 (2) Before January 1, 2015, the council of the old
18 corporation shall cause notice to be given by the clerk, by
19 handbills posted in 10 of the most public places in each ward ,
20 and by publication in 1 or more newspapers printed in the city,
21 of indicating the time and place in each ward of holding such the
22 election and of the city and ward officers to be elected, ;
and
23 of the place in each ward
where the said election inspectors of
24 election will meet on the
Saturday next preceding the election to
25 make a registration of the electors of the new city corporation,
26 and that no a person, unless registered in such the registry,
can
27 be is not permitted to vote at such the elections.
Said Beginning
1 January 1, 2015, the clerk shall provide tier A public notice
2 indicating the time and place in each ward of holding the
3 election and the city and ward officers to be elected, the place
4 in each ward where the election inspectors will meet on the
5 Saturday next preceding the election to make a registration of
6 the electors of the new city corporation, and that a person,
7 unless registered in the registry, is not permitted to vote at
8 the elections as set forth in the local government public notice
9 act.
10 (3) The council shall also procure books of registry of the
11 form required by law for the registration of electors in cities,
12 and deliver them to said the election inspectors.
13 CHAPTER II—-CHANGE OF BOUNDARIES
14 Sec. 1. Whenever If
the council of any city shall
determine
15
determines by resolutions to alter the
boundaries of such the
16 city, either by taking in lands and premises adjoining thereto,
17 to the city, or by taking out any lands and premises included in
18 such the city, or both, they the city council shall petition the
19 board of supervisors commissioners
of the county in which such
20
the lands and premises affected thereby
are situated to make such
21
the change. Such The petition
shall contain a description by
22 metes and bounds of the lands and premises proposed to be added
23 to or taken out of such the
city and be accompanied by a map of
24 said the lands.
, and The petition shall set forth the reasons
25 for the proposed change, and shall contain a copy of the
26 resolution of the council in relation thereto, and shall be
27 certified to by the clerk under the official seal of such the
1 city. Before such January
1, 2015, before the petition shall
be
2
is presented to the county board
of supervisors, commissioners,
3 notice shall be given by the city clerk of the time and place
4 when the same petition
will be presented for consideration , by
5 publishing the same notice
in 1 or more newspapers published in
6 such the city for at least 3 weeks immediately preceding before
7 the presentation of the same. Such petition. Beginning January 1,
8 2015, at least 3 weeks immediately before the presentation of the
9 petition, the city clerk shall provide tier A public notice of
10 the time and place when the petition will be presented for
11 consideration as set forth in the local government public notice
12 act. The notice shall also contain a description of the premises
13 proposed to be taken in or out of the boundaries of such the
14 city. At the time of presenting such the petition, all
parties
15 interested may appear before such the county board of supervisors
16 commissioners and be heard touching the proposed boundaries of
17 such the city, and after such the hearing
and due consideration
18 of such the petition, it shall be is the
duty of the county board
19 of supervisors commissioners
to order and determine as to whether
20 the prayer contained in the petition or any part thereof of the
21
petition shall be granted. ,
and they The county board of
22
commissioners shall make an order of such
the determination,
23 which order shall be entered upon their records, and thereupon,
24 if a change of boundaries shall be is ordered,
then such the
25 boundaries of the city shall be fixed and shall exist as provided
26 in such the order.
, and a A certified
copy thereof of the order
27 shall be transmitted to the clerk of such the city
and to the
1 secretary of state, and such the order shall be prima
facie
2 evidence of such the
change of boundaries of such the city
and of
3 the regularity of such the
proceedings in all courts and places.
4 : Provided, That However,
the county board of supervisors
5 commissioners shall not change the boundaries of any city in such
6 a manner as to affect the boundaries of a representative district
7 at a time when changes in the boundaries of representative
8 districts are prohibited,
: Provided further, That and that
9 excepting totally uninhabited territory and state owned lands,
10 the county board of supervisors commissioners shall not so change
11 the boundaries of any such city , until such the change shall
12 have has been approved by a majority vote of the duly qualified
13 electors of the territory proposed to be added to or taken out of
14 such the city , voting
at a special election called for that
15 purpose. Such The election shall be called and conducted by the
16 clerk of the city, village, or township in which such the
17 territory lies, within 60 days after receiving notification from
18 the county board of supervisors. commissioners. If such the
19 notification be is
given within 40 days of any general
election,
20 the special election shall be held at the same time as such the
21 general election. Any such special election shall be advertised
22 and conducted in accordance with the election laws of this
23 state.Michigan
election law, 1954 PA 116, MCL 168.1 to 168.992.
24 CHAPTER VII—-DUTIES AND COMPENSATION OF OFFICERS
25 Sec. 12. The treasurer shall render to the clerk on the
26 first Monday of every month, and oftener more often if required,
27 a report of the amounts received and credited by him the
1 treasurer to each fund, and on what account received, and the
2 amounts paid out by him the
treasurer from each fund during the
3 preceding month, and the amount of money remaining in each fund
4 on the day of his the
report. , and the The council
may at any
5 time when they shall deem consider it advisable cause such
the
6 report to be verified by a personal examination of the books,
7 warrants, vouchers, and city moneys in the possession of the
8 treasurer. He The
treasurer shall also exhibit to the
council
9 annually on the first Monday in March, and as often and for such
10 period as the council shall require, requires, a full and
11 detailed account of the receipts and disbursements of the
12 treasury since the date of his the last annual report,
13 classifying them therein the receipts and disbursements by
the
14 funds to which such the
receipts are credited and out of which
15 such the disbursements are made, and the balances remaining
in
16 each fund. ; which Before
January 1, 2015, the account shall be
17 filed in the office of the clerk and shall be published in one 1
18 or more of the newspapers of the city. Beginning January 1, 2015,
19 the account shall be filed in the office of the clerk and tier C
20 public notice of the account shall be provided as set forth in
21 the local government public notice act.
22 CHAPTER VIII—-THE CITY COUNCIL
23 Sec. 8. (1) The council shall prescribe rules for council
24 proceedings, and keep a record or journal of the proceedings. A
25 writing prepared, owned, used, in the possession of, or retained
26 by the council in the performance of an official function shall
27 be made available to the public in compliance with Act No. 442 of
1 the Public Acts of 1976, being sections 15.231 to 15.246 of the
2 Michigan Compiled Laws.the
freedom of information act, 1976 PA
3 442, MCL 15.231 to 15.246.
4 (2) Votes shall be taken by yeas and nays when required by 1
5 or more members and the votes shall be entered upon the journal
6 indicating the names of those voting in the affirmative and those
7 in the negative. Within Before
January 1, 2015, within 10 days
8 after a meeting of the council, the record of the proceeding ,
9 and votes taken at the proceeding shall be published in a
10 newspaper of the city. Beginning January 1, 2015, within 10 days
11 after a meeting of the council, tier B public notice with a link
12 of the record of the proceeding and votes taken at the proceeding
13 shall be provided as set forth in the local government public
14 notice act.
15 CHAPTER IX--ORDINANCES
16 Sec. 6. Within Before
January 1, 2015, within 1 week after
17 the passage of any ordinance, the same ordinance shall be
18 published in some newspaper printed and circulated within the
19 city, and the clerk shall immediately after such the publication
20 enter upon the record of ordinances, in a blank space to be left
21 for such that purpose under the recorded ordinance, a certificate
22 stating in what newspaper and of what date such the publication
23 was made, and sign the same officially, and such the certificate
24 shall be prima facie evidence that legal publication of such the
25 ordinance has been made. : Provided, however, That each Beginning
26 January 1, 2015, within 1 week of the passage of any ordinance,
27 the clerk shall provide tier B public notice with a link of the
1 ordinance as set forth in the local government public notice act.
2 In addition, if the city has a website, the ordinance shall
3 remain posted on that website indefinitely after tier B public
4 notice with a link has been provided as set forth in the local
5
government public notice act. Each city
shall have has the power
6 to adopt any plumbing code, electrical code, or building code
7 which has been promulgated by the this state, of
Michigan, or by
8 any department, board, or other agency thereof, of this state, or
9 by any organization or association which that is
organized and
10 conducted for the purpose of developing any such code or codes by
11 reference thereto in an adopting ordinance and without publishing
12
or posting any such code in full :
Provided, That said if the
13 code is clearly identified in said the ordinance
and that the
14 purpose of said the
code shall be is published
or posted with the
15 adopting ordinance and that printed copies thereof of the code
16 are kept in the office of the city clerk, available for
17 inspection by and distribution to the public at all times, and
18 that the publication shall contain or posting contains a notice
19 to the effect that a complete copy of said the code
is available
20 for public use and inspection at the office of the city clerk.
21 CHAPTER XXII—-STREETS AND PUBLIC GROUNDS
22 Sec. 3. (1) When If
the council shall deem considers it
23 advisable to vacate, discontinue, or abolish any street, alley,
24 or public ground, or any part thereof, they the council shall by
25 resolution so declare, and in the same resolution shall appoint a
26 time, not less than 4 weeks thereafter, when they will meet and
27 hear objections thereto. ; Before
January 1, 2015, notice of such
1
the meeting with a copy of said the resolution
shall be published
2 for not less than 4 weeks before the time appointed for such the
3 meeting , in 1
of the newspapers of the city.
Beginning January
4 1, 2015, notice of the meeting with a copy of the resolution
5 shall be provided in the manner required under the open meetings
6 act, 1976 PA 267, MCL 15.261 to 15.275.
7 (2) Objections to such the proposed
action of the council
8 may be filed with the city clerk in writing, and if any such
9 shall be objections
are filed, the street, alley, or
public
10 ground, or any part thereof, shall not be vacated or
11 discontinued, except by a concurring vote of 2/3 of the aldermen
12 elect.
13 CHAPTER XXV—-APPROPRIATION OF PRIVATE PROPERTY
14 Sec. 6. Said The
summons shall be served by the city
15 marshal, any member of the police force, or any constable of the
16 city , at
least 5 days before the return day thereof, upon all
17 the respondents found within the county, by exhibiting the
18 original and delivering a copy to each of them. If any respondent
19 who is a resident of the county cannot be found, the summons
20 shall be served by leaving a copy thereof of the summons at his
21 or her usual or the last place of abode , with some a person of
22 suitable age and discretion. If any minor or person individual of
23 unsound mind is interested in the premises to be taken, service
24 may be made on the guardian of such person, the individual, if
25 any, and if there is no guardian, the probate court may appoint
26 some discreet and proper person individual to be guardian ad
27 litem of such person the
individual in such those proceedings,
1 and such the guardian shall have authority to represent such
2 person the individual
in said those proceedings.
The proceedings
3 to appoint such a guardian shall be the same as in other cases
4 provided by statute. If it shall appear appears on
the return day
5 of the summons that any respondent cannot be found within the
6 county and has not been served in the manner provided, or is non-
7 resident and has not voluntarily appeared, the court may make an
8 order requiring such the
respondent or respondents to appear and
9 show cause why the prayer of the petition should not be granted,
10 on a day to be named in the order, and not less than 30 days from
11 the date thereof. , and The
court may require that a certified
12 copy of such the order be personally served on such the
13 respondents wherever found, if practicable, at least 6 days
14 before the time named in order for appearance. ,
or Before
15
January 1, 2015, alternatively, the
court may make such the order
16 for appearance and require, as to any or all such respondents who
17 shall not have been personally served and have not appeared, that
18 service be made by publishing a certified copy of such the order
19 for 3 successive weeks, at least once in each week, in at least 1
20 newspaper published within the municipality, the last publication
21 to be at least 6 days before the day fixed in the order for
22 appearance. Beginning January 1, 2015, alternatively, the court
23 may make the order for appearance and require, as to any or all
24 such respondents who shall not have been personally served and
25 have not appeared, that service be made not more than 21 days or
26 less than 6 days before the day fixed in the order for appearance
27 by providing tier B public notice of the certified order as set
1 forth in the local government public notice act. Alias and
2 pluries summons may be issued, and the probate court may adjourn
3 the proceedings from time to time as there shall be occasion, and
4 as in other civil cases. Service of such an order
for appearance
5 in either mode described shall be sufficient notice of the
6 proceedings to bind the respondents and the property represented
7 by them. The return of the officer upon the summons and an
8 affidavit of the due service or the publication of the order for
9 appearance, if any, shall be filed with such the probate
court
10 before a jury shall be impaneled, and be sufficient evidence of
11 service on the respondents and of the manner of service.
12 CHAPTER XXX—-FINANCE AND TAXATION
13 Sec. 27. Said Before
January 1, 2015, the statement, signed
14 by the mayor and clerk, shall be filed in the office of the city
15 clerk, and a copy thereof of the statement published
in 1 of the
16 newspapers of the city. Beginning January 1, 2015, the statement,
17 signed by the mayor and clerk, shall be filed in the office of
18 the city clerk, and tier C public notice of the statement shall
19 be provided as set forth in the local government public notice
20 act.
21 CHAPTER XXXI—-ASSESSMENT AND COLLECTION OF TAXES
22 Sec. 6. (1) The said board shall meet on the third Monday
in
23 May in each year , at the
council rooms in such the city , at 9
24 o'clock in the forenoon, at which time and place a.m. Before
25 January 1, 2015, notice of the time and place of the meeting
26 shall be given by the clerk at least 2 weeks prior to before the
27 time of meeting , by publishing
a notice thereof of the
meeting
1 in 1 or more of the newspapers of said the city,
and also by
2 posting the same notice
in 3 public places in each ward of said
3
the city. , at which time and
place Beginning January 1,
2015,
4 notice of the time and place of the meeting shall be provided by
5 the clerk in the manner required under the open meetings act,
6 1976 PA 267, MCL 15.261 to 15.275. At the meeting, the several
7 supervisors shall submit to said the board their respective
8 general assessment rolls. They shall select 1 of their number
9
members as chairman, chairperson, and shall continue in session
10 at least 4 days successively, and as much longer as may be
11 necessary to complete the review, and at least 6 hours in each
12 day, during said the
4 days or more. ;
and any Any person or
13 persons desiring so to do, may examine his, her, or
their
14 assessment on said the
rolls , and may show cause, if any exists,
15 why the valuation thereof should be changed. and
the said The
16 board shall decide the same
, and their decision shall be final.
17 They may examine on oath any person touching the matter of his or
18 her assessment, and the chairman chairperson or any member of
19 said the board may administer oaths. They shall keep a record
of
20 their proceedings , and
all changes made in said the
rolls, and
21 the amount added to or deducted from the total valuation in each
22 ward shall be entered upon such the record, which record
shall be
23 deposited with the city clerk
, who shall be clerk of said the
24 board.
25 (2) The decision of a majority of the members of said
the
26 board upon all questions shall govern. The rolls as prepared by
27 the several supervisors shall stand as approved and adopted as
1 the act of the board of review, except as changed as herein
2 provided. Said The
board shall have the same power and
perform
3 the same duties in all respects as boards of review of townships
4 , in reviewing and
correcting assessments made by supervisors of
5 townships, except as otherwise
provided in this act. otherwise
6 provided.
7 (3) After said the board of review shall
have has completed
8 the revision of said the
rolls, the clerk shall endorse and sign
9 a statement upon each roll, to the effect that the same is the
10 general assessment roll of the ward to which it applies for the
11 year in which it has been prepared, as approved by the board of
12 review. Such The statement may be in the following form, [viz.],
13 namely:
14
15 STATE OF MICHIGAN,)
16 )ss.
17 City of .........,)
18 I hereby certify that the board of review and equalization
19 of the city of .................. have has reviewed,
equalized,
20 and corrected the within assessment roll, and have has deducted
21 (or added, as the case may be) .............. dollars from (or
22 to, as the case may be), the valuation of the real estate made by
23 the supervisor, and have has determined the aggregate
value of
24 such real estate to be ........ dollars, and the total value of
25 the personal estate to be ............. dollars for the year A.D.
26 ...........
1 Dated .........................................................
2 ...............................................................
3 Clerk of the Board of Review.
4 (4) Upon the completion of such the rolls,
and their
5 endorsement in the manner aforesaid, they provided, the rolls
6 shall be returned to the several supervisors , and shall be
7 conclusively presumed by all courts and tribunals to be valid,
8 and shall not be set aside except for causes mentioned in the
9 general laws of the this
state , relating to the assessment of
10 property and the levy and collection of taxes thereon. on
11
property. The omission of such an endorsement ,
however, shall
12 not affect the validity of any such roll.
13 Sec. 15. Upon receiving the several ward tax rolls as above
14 provided in this chapter, the city treasurer shall give notice
15 immediately to the taxpayers of the city that such the tax rolls
16 have been delivered to him and that the taxes therein levied
can
17 be paid to him at his the city treasurer's office
at any time
18 before the tenth day of January then next ensuing, without any
19 charge for collection, ; or, where
if the council have decided
20 decides to have the taxes levied and collected in 2 installments
21 , and the roll be is the
July roll, on or before the fifteenth
22 day of September, without any charge for collection. ;
but that 4
23 per cent However, the
4% collection fee shall be charged and
24 collected upon all taxes remaining unpaid on said the tenth
day
25 of January or fifteenth day of September, as the case may be.
26 Said applicable.
Before January 1, 2015, the notice
shall be
1 given by publishing the same notice twice in 1 or more of
the
2 newspapers of the city and by posting copies thereof of the
3
notice in 3 public places in each ward
of the city. ; and it
4 shall be Beginning
January 1, 2015, tier C public notice of the
5 notice shall be provided as set forth in the local government
6 public notice act. It is the duty of the treasurer to be at his
7
or her office at such times previous
to before the said the tenth
8 day of January and fifteenth day of September, as the council
9 shall direct, and there to
receive payment of such those taxes
as
10 may be offered to him or
her. He The treasurer shall not collect
11 no fees upon any taxes paid
to him or her before the said the
12 tenth day of January, or where if the council have
decided
13 decides to have the tax levied and collected in 2 installments
14 and the roll be is
the July roll, on or before the
fifteenth day
15 of September, but in all other cases he or she shall collect both
16 the tax and the 4 per cent 4% collection fee.
17 Enacting section 1. This amendatory act does not take effect
18 unless House Bill No. 5560 of the 97th Legislature is enacted
19 into law.