Bill Text: MI HB6072 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Cities; home rule; detachment to a charter township; exempt under certain circumstances. Amends sec. 9b of 1909 PA 279 (MCL 117.9b). TIE BAR WITH: HB 6071'10
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-05-25 - Referred To Committee On Local, Urban And State Affairs [HB6072 Detail]
Download: Michigan-2009-HB6072-Engrossed.html
HB-6072, As Passed House, May 20, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 6072
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. 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%
House Bill No. 6072 (H-2) as amended May 20, 2010
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, which number shall 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 No
territory may be detached from a city [or village] to a charter township
with a
population of more than 20,000 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 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.
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
House Bill No. 6072 (H-2) as amended May 20, 2010
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 [or village] to a
charter
township with a population of more than 20,000 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 this
subsection do not prevent the consolidation of 2 or more
municipalities as provided under this act.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 6071 of the 95th Legislature is enacted into
law.
