Bill Text: MI HB5424 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Cities; home rule; detachment to a charter township; exempt under certain circumstances. Amends secs. 6 & 9b of 1909 PA 279 (MCL 117.6 & 117.9b). TIE BAR WITH: HB 4004'15

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-08 - Bill Electronically Reproduced 03/03/2016 [HB5424 Detail]

Download: Michigan-2015-HB5424-Introduced.html

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HOUSE BILL No. 5424

March 3, 2016, Introduced by Rep. Heise and referred to the Committee on Local Government.

 

     A bill to amend 1909 PA 279, entitled

 

"The home rule city act,"

 

by amending sections 6 and 9b (MCL 117.6 and 117.9b), section 6 as

 

amended by 1984 PA 352 and section 9b as added by 1982 PA 465.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) Cities may be incorporated or, except as otherwise

 

provided in this section, territory detached therefrom, or added

 

thereto, or consolidation made of 2 or more cities or villages into

 

1 city, or of a city and 1 or more villages into 1 city, or of 1 or

 

more cities or villages together with additional territory not

 

included within any incorporated city or village into 1 city, by

 

proceedings originating by petition therefor signed by qualified

 

electors who are freeholders residing within the cities, villages,

 

or townships to be affected thereby, to a number not less than 1%

 

of the population of the territory affected thereby according to

 

the last preceding United States census, or according to a census

 

to be taken as hereinafter provided in this section, which number

 

shall not be in no case less than 100, and not less than 10 of the

 

signatures to such the petition shall be obtained from each city,

 

village, or township to be affected by the proposed change. :

 

Provided, That in Except as provided in subsections (2) to (4),

 

territory may not be detached from a city or village to a charter

 

township that meets all of the requirements under section 34(1)(a)

 

through (g) of the charter township act, 1947 PA 359, MCL 42.34.

 

The provisions of the previous sentence do not prevent the

 

consolidation of 2 or more municipalities as provided under this

 

act. In the incorporation of a city from an existing village

 

without change of boundaries, the requisite number of signatures

 

may be obtained from throughout the village without regard to the

 

townships in which the signers are residents. : Provided further,

 

That as As an alternate method in the case of an annexation

 

proceeding in which there are less than 10 persons qualified to

 

sign the petition living in that unincorporated territory of any

 

township or townships proposed to be annexed to a city, that the

 

signatures on the petition of persons, firms, corporations, the

 

United States government, or the state or any of its subdivisions

 

who collectively hold equitable title as vendees under a recorded

 

land contract or memorandum of land contract, or record legal title

 

to more than 1/2 of the area of the land exclusive of streets, in

 

the territory to be annexed at the time of filing the petition,

 

will suffice in lieu instead of obtaining 10 signatures from the

township in which such the area to be annexed lies. : And provided

 

further, That on such On the petition each signature shall be

 

followed by a description of the land and the area represented

 

thereby and a sworn statement shall also accompany such the

 

petition giving the total area of the land, exclusive of streets,

 

lying within the area proposed to be annexed. : Provided further,

 

That before Before any signatures are obtained on a petition as

 

hereinbefore provided, such provided in this section, the petition

 

shall have attached to it a map or drawing showing clearly the

 

territory proposed to be incorporated, detached, or added, and each

 

prospective signer shall be shown such the map or drawing before

 

signing the petition. Such The petition shall be verified by the

 

oath of 1 or more petitioners. The county clerk, upon the

 

presentment of a petition for incorporation of a new city for

 

filing, shall forthwith estimate all necessary expense that may be

 

incurred by the county in the incorporation proceedings, and the

 

clerk thereupon shall require that the sum so estimated, which in

 

no case shall not exceed $500.00, be deposited with the clerk and

 

shall refuse to accept the petition for filing until the sum is so

 

deposited. : Provided, That in In proceedings for the incorporation

 

of a new city or the consolidation of 2 or more cities or villages

 

into 1 city, or of a city and 1 or more villages into 1 city or of

 

1 or more cities or villages together with additional territory not

 

included within any incorporated city or village into 1 city, a

 

petition signed by not less than 100 qualified electors who are

 

freeholders residing within the territory so proposed to be

 

incorporated or consolidated, praying for the taking of a census of

the inhabitants of the territory affected thereby, may be filed

 

with the county clerk of the county within which said the territory

 

is located. The county clerk shall, within 5 days after the filing

 

of such the petition, certify to the mayor of each city, president

 

of each village, and supervisor of each township affected thereby,

 

and to the secretary of state that such the petition has so been

 

filed. Within 5 days after the service of such the certificate, the

 

secretary of state shall appoint an enumerator or enumerators to

 

enumerate the inhabitants of each such city, village, and the

 

portion of each township proposed to be so incorporated, or a

 

consolidation made thereof. Before entering upon the duties of said

 

the office, each such enumerator shall take and subscribe to the

 

constitutional oath of office before some officer authorized to

 

administer oaths and file the same with the secretary of state and

 

with the county clerk of the county in which such the territory is

 

located. It shall be is the duty of each enumerator so appointed to

 

enumerate all of the bona fide inhabitants of such the city,

 

village, or township, territory or portion thereof assigned to the

 

enumerator by the secretary of state and to visit each house or

 

dwelling and to obtain the names of each known resident thereof.

 

The city, village, or township within which the services of the

 

enumerator are rendered shall pay for such the services together

 

with any actual and necessary expenses incurred by the enumerator.

 

The rate of pay and actual and necessary expenses of the enumerator

 

shall be set by the governing body of the city, village, or

 

township in which the census takes place. Upon completing such the

 

enumeration, it shall be is the duty of the persons so appointed to

make a return in duplicate of such the enumeration showing the

 

names of the inhabitants of each such city, village, or township,

 

territory or district to the county clerk and to the secretary of

 

state. No such An enumeration or census shall not be conducted in

 

any city, village, or township, or portion thereof, within 2 years

 

of the date of the last enumeration in such the territory. Every

 

such enumeration shall be conducted under the general supervision

 

and control of the secretary of state who is hereby empowered to

 

make rules and regulations for the purpose of carrying out the

 

provisions of this act.

 

     (2) Notwithstanding subsection (1), territory may be detached

 

from a city or village to a charter township that meets all of the

 

requirements under section 34(1)(a) through (g) of the charter

 

township act, 1947 PA 359, MCL 42.34, upon both of the following

 

occurring:

 

     (a) The filing of a petition with the county clerk, which

 

petition is signed by 20% of the registered electors from the area

 

to be detached.

 

     (b) The governing body of the city or village, by resolution,

 

and the governing body of the charter township, by resolution,

 

approve the proposed detachment.

 

     (3) Notwithstanding subsections (1) and (2), territory may be

 

detached from a city or village to a charter township that meets

 

all of the requirements under section 34(1)(a) through (g) of the

 

charter township act, 1947 PA 359, MCL 42.34, upon all of the

 

following occurring:

 

     (a) The filing of a petition with the county clerk, which

petition is signed by 20% of the registered electors from the area

 

to be detached.

 

     (b) The governing body of the city or village, by resolution,

 

does not approve the proposed detachment.

 

     (c) The approval by a majority of the qualified and registered

 

electors voting on the question in the entire city or village from

 

which the portion is to be detached, and the approval by a majority

 

of the qualified and registered electors voting on the question in

 

the entire charter township, with the vote in each unit to be

 

counted separately.

 

     (4) If a petition is filed as provided in subsection (3) and

 

the governing body of the city or village does not approve the

 

proposed detachment, the county clerk, after determining the

 

validity of the petition, shall order a referendum on the question

 

of detachment. This referendum shall occur within 1 year after the

 

validation of the petitions. The referendum shall be held at the

 

first primary or general election held in that county not less than

 

60 days after the validation of the petition, or in compliance with

 

the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

 

     Sec. 9b. (1) In addition to the detachment procedures

 

otherwise authorized by this act, and except as provided in section

 

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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4004 of the 98th Legislature is enacted into

 

law.