Bill Text: MI HB6383 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Cities: fourth class; public notice under the fourth class city act; revise to make reference to the local government public notice act and the open meetings act. Amends secs. 4 & 12, ch. I & sec. 1 of ch. II & sec. 12 of ch. VII & sec. 8 of ch. VIII & sec. 6 of ch. IX & sec. 3 of ch. XXII & sec. 6 of ch. XXV & sec. 27 of ch. XXX & secs. 6 & 15 of ch. XXXI of 1895 PA 215 (MCL 81.4 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6383 Detail]
Download: Michigan-2019-HB6383-Introduced.html
HOUSE BILL NO. 6383
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
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:
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Sec. 4. At least 30 days before the time of holding any election at which the question mentioned in the preceding section shall be 3 of this chapter is submitted to a vote of the electors, the clerk of the village shall give public notice of the time and place of holding such the election ; and that the question of whether the village shall be incorporated as a city of the fourth class under the provisions of this act , will be submitted to a vote at the election. Such Before January 1, 2022, at least 30 days before the election, the notice shall must be given by posting written or printed copies thereof of the notice in 10 of the most public places in the village, and by publishing the same notice in 1 or more newspapers published in the village. , the same length of time before such election.Beginning January 1, 2022, at least 30 days before the election, the notice must be posted as set forth in the local government public notice act.
Sec. 12. (1) At least 10 days before the first election in and for the new corporation, the council of the old corporation shall appoint 4 persons individuals in each ward as election inspectors. of such election therein; and
(2) Before January 1, 2022, the council of the old corporation shall cause notice to be given by the clerk, by handbills posted in 10 of the most public places in each ward , and by publication in 1 or more newspapers printed in the city, of indicating the time and place in each ward of holding such the election and of the city and ward officers to be elected, ; and of the place in each ward where the said election inspectors of election will meet on the Saturday next preceding the election to make a registration of the electors
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of the new city corporation, and that no person, an individual, unless registered in such the registry, can be is not permitted to vote at such the elections. Said Beginning January 1, 2022, the clerk shall post public notice as set forth in the local government public notice act indicating the time and place in each ward of holding the election and the city and ward officers to be elected, the place in each ward where the election inspectors will meet on the Saturday next preceding the election to make a registration of the electors of the new city corporation, and that an individual, unless registered in the registry, is not permitted to vote at the elections.
(3) The council shall also procure books of registry of the form required by law for the registration of electors in cities, and deliver them to said the election inspectors.
CHAPTER II—CHANGE OF BOUNDARIES
Sec. 1. Whenever If the council of any city shall determine determines by resolutions to alter the boundaries of such the city, either by taking in lands and premises adjoining thereto, to the city, or by taking out any lands and premises included in such the city, or both, they the city council shall petition the board of supervisors commissioners of the county in which such the lands and premises affected thereby are situated to make such the change. Such The petition shall must contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such the city and be accompanied by a map of said the lands. , and The petition must set forth the reasons for the proposed change, and shall contain a copy of the resolution of the council in relation thereto, and shall be certified to by the clerk under the official seal of such the city. Before such January 1, 2022,
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before the petition shall be is presented to the county board of supervisors, commissioners, notice shall must be given by the city clerk of the time and place when the same petition will be presented for consideration , by publishing the same notice in 1 or more newspapers published in such the city for at least 3 weeks immediately preceding before the presentation of the same. Such petition. Beginning January 1, 2022, at least 3 weeks immediately before the presentation of the petition, the city clerk shall post public notice of the time and place when the petition will be presented for consideration as set forth in the local government public notice act. The notice shall must also contain a description of the premises proposed to be taken in or out of the boundaries of such the city. At the time of presenting such the petition, all parties interested may appear before such the county board of supervisors commissioners and be heard touching the proposed boundaries of such the city, and after such the hearing and due consideration of such the petition, it shall be is the duty of the county board of supervisors commissioners to order and determine as to whether the prayer contained in the petition or any part thereof shall of the petition must be granted. , and they The county board of commissioners shall make an order of such the determination, which order shall must be entered upon their records, and thereupon, if a change of boundaries shall be is ordered, then such the boundaries of the city shall must be fixed and shall must exist as provided in such the order. , and a A certified copy thereof shall of the order must be transmitted to the clerk of such the city and to the secretary of state, and such the order shall be is prima facie evidence of such the change of boundaries of such the city and of the regularity of such the proceedings in all courts
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and places. : Provided, That However, the county board of supervisors commissioners shall not change the boundaries of any city in such a manner as to affect the boundaries of a representative district at a time when changes in the boundaries of representative districts are prohibited, : Provided further, That and that excepting totally uninhabited territory and state owned lands, the county board of supervisors commissioners shall not so change the boundaries of any such city , until such the change shall have has been approved by a majority vote of the duly qualified electors of the territory proposed to be added to or taken out of such the city , voting at a special election called for that purpose. Such The election shall must be called and conducted by the clerk of the city, village, or township in which such the territory lies, within 60 days after receiving notification from the county board of supervisors. commissioners. If such the notification be is given within 40 days of any general election, the special election shall must be held at the same time as such the general election. Any such special election shall must be advertised and conducted in accordance with the election laws of this state.Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
CHAPTER VII—DUTIES AND COMPENSATION OF OFFICERS
Sec. 12. The treasurer shall render to the clerk on the first Monday of every month, and oftener more often if required, a report of the amounts received and credited by him the treasurer to each fund, and on what account received, and the amounts paid out by him the treasurer from each fund during the preceding month, and the amount of money remaining in each fund on the day of his the report. , and the The council may at any time when they shall deem
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consider it advisable cause such the report to be verified by a personal examination of the books, warrants, vouchers, and city moneys in the possession of the treasurer. He The treasurer shall also exhibit to the council annually on the first Monday in March, and as often and for such period as the council shall require, requires, a full and detailed account of the receipts and disbursements of the treasury since the date of his the last annual report, classifying them therein the receipts and disbursements by the funds to which such the receipts are credited and out of which such the disbursements are made, and the balances remaining in each fund. ; which Before January 1, 2022, the account shall must be filed in the office of the clerk and shall must be published in one 1 or more of the newspapers of the city. Beginning January 1, 2022, the account must be filed in the office of the clerk and public notice of the account must be posted as set forth in the local government public notice act.
Sec. 8. (1) The council shall prescribe rules for council proceedings, and keep a record or journal of the proceedings. A writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function shall must be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) Votes shall must be taken by yeas and nays when required by 1 or more members and the votes shall must be entered upon the journal indicating the names of those voting in the affirmative and those in the negative. Within Before January 1, 2022, within 10
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days after a meeting of the council, the record of the proceeding , and votes taken at the proceeding shall must be published in a newspaper of the city. Beginning January 1, 2022, within 10 days after a meeting of the council, public notice of the record of the proceeding and votes taken at the proceeding must be posted as set forth in the local government public notice act.
Sec. 6. Within Before January 1, 2022, within 1 week after the passage of any ordinance, the same shall ordinance must be published in some newspaper printed and circulated within the city, and the clerk shall immediately after such the publication enter upon the record of ordinances, in a blank space to be left for such that purpose under the recorded ordinance, a certificate stating in what newspaper and of what date such the publication was made, and sign the same officially, and such the certificate shall be is prima facie evidence that legal publication of such the ordinance has been made. : Provided, however, That each Beginning January 1, 2022, within 1 week after the passage of any ordinance, the clerk shall post public notice of the ordinance as set forth in the local government public notice act. Each city shall have has the power to adopt any plumbing code, electrical code, or building code which that has been promulgated by the this state, of Michigan, or by any department, board, or other agency thereof, of this state, or by any organization or association which that is organized and conducted for the purpose of developing any such code or codes by reference thereto in an adopting ordinance and without publishing or posting any such code in full : Provided, That said if the code is clearly identified in said the ordinance and that the purpose of said the code shall be is published or posted with the adopting
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ordinance and that printed copies thereof of the code are kept in the office of the city clerk, available for inspection by and distribution to the public at all times, and that the publication shall contain or posting contains a notice to the effect that a complete copy of said the code is available for public use and inspection at the office of the city clerk.
CHAPTER XXII—STREETS AND PUBLIC GROUNDS
Sec. 3. (1) When If the council shall deem considers it advisable to vacate, discontinue, or abolish any street, alley, or public ground, or any part thereof, they the council shall by resolution so declare, and in the same resolution shall appoint a time, not less than 4 weeks thereafter, when they will meet and hear objections thereto. ; Before January 1, 2022, notice of such the meeting with a copy of said the resolution shall must be published for not less than 4 weeks before the time appointed for such the meeting , in 1 of the newspapers of the city. Beginning January 1, 2022, notice of the meeting with a copy of the resolution must be provided in the manner required under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(2) Objections to such the proposed action of the council may be filed with the city clerk in writing, and if any such shall be objections are filed, the street, alley, or public ground, or any part thereof, shall must not be vacated or discontinued, except by a concurring vote of 2/3 of the aldermen elect.
CHAPTER XXV--APPROPRIATION OF PRIVATE PROPERTY
Sec. 6. Said The summons shall must be served by the city marshal, any member of the police force, or any constable of the city , at least 5 days before the return day thereof, upon all the respondents found within the county, by exhibiting the original and
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delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall must be served by leaving a copy thereof of the summons at his or her usual or the last place of abode , with some person an individual of suitable age and discretion. If any minor or person individual of unsound mind is interested in the premises to be taken, service may be made on the guardian of such person, the individual, if any, and if there is no guardian, the probate court may appoint some discreet and proper person individual to be guardian ad litem of such person the individual in such those proceedings, and such the guardian shall have has authority to represent such person the individual in said those proceedings. The proceedings to appoint such a guardian shall must be the same as in other cases provided by statute. If it shall appear appears on the return day of the summons that any respondent cannot be found within the county and has not been served in the manner provided, or is non-resident and has not voluntarily appeared, the court may make an order requiring such the respondent or respondents to appear and show cause why the prayer of the petition should not be granted, on a day to be named in the order, and not less than 30 days from the date thereof. , and The court may require that a certified copy of such the order be personally served on such the respondents wherever found, if practicable, at least 6 days before the time named in order for appearance. , or Before January 1, 2022, alternatively, the court may make such the order for appearance and require, as to any or all such respondents who shall not have not been personally served and have not appeared, that service be made by publishing a certified copy of such the order for 3 successive weeks, at least once in each week, in at least 1 newspaper published within the
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municipality, the last publication to be at least 6 days before the day fixed in the order for appearance. Beginning January 1, 2022, alternatively, the court may make the order for appearance and require, as to any or all such respondents who have not been personally served and have not appeared, that service be made not more than 21 days or less than 6 days before the day fixed in the order for appearance by posting public notice of the certified order as set forth in the local government public notice act. Alias and pluries summons may be issued, and the probate court may adjourn the proceedings from time to time as there shall be is occasion, and as in other civil cases. Service of such an order for appearance in either mode described shall be is sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance, if any, shall must be filed with such the probate court before a jury shall be is impaneled, and be is sufficient evidence of service on the respondents and of the manner of service.
CHAPTER XXX—FINANCE AND TAXATION
Sec. 27. Said Before January 1, 2022, the statement, signed by the mayor and clerk, shall must be filed in the office of the city clerk, and a copy thereof of the statement published in 1 of the newspapers of the city. Beginning January 1, 2022, the statement, signed by the mayor and clerk, must be filed in the office of the city clerk, and public notice of the statement must be posted as set forth in the local government public notice act.
CHAPTER XXXI--ASSESSMENT AND COLLECTION OF TAXES
Sec. 6. (1) The said board shall meet on the third Monday in May in each year , at the council rooms in such the city , at 9
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o'clock in the forenoon, at which time and place a.m. Before January 1, 2022, notice shall of the time and place of the meeting must be given by the clerk at least 2 weeks prior to before the time of meeting , by publishing a notice thereof of the meeting in 1 or more of the newspapers of said the city, and also by posting the same notice in 3 public places in each ward of said the city. , at which time and place Beginning January 1, 2022, notice of the time and place of the meeting must be provided by the clerk in the manner required under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. At the meeting, the several supervisors shall submit to said the board their respective general assessment rolls. They shall select 1 of their number members as chairman, chairperson, and shall continue in session at least 4 days successively, and as much longer as may be necessary to complete the review, and at least 6 hours in each day, during said the 4 days or more. ; and any Any person or persons desiring so to do, may examine his, her, or their assessment on said the rolls , and may show cause, if any exists, why the valuation thereof should be changed. and the said The board shall decide the same , and their decision shall be is final. They may examine on oath any person touching the matter of his or her assessment, and the chairman chairperson or any member of said the board may administer oaths. They shall keep a record of their proceedings , and all changes made in said the rolls, and the amount added to or deducted from the total valuation in each ward shall must be entered upon such the record, which record shall must be deposited with the city clerk , who shall be clerk of said the board.
(2) The decision of a majority of the members of said the board upon all questions shall govern. governs. The rolls as
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prepared by the several supervisors shall must stand as approved and adopted as the act of the board of review, except as changed as herein provided. Said The board shall have the same power and perform the same duties in all respects as boards of review of townships , in reviewing and correcting assessments made by supervisors of townships, except as otherwise provided in this act. otherwise provided.
(3) After said the board of review shall have has completed the revision of said the rolls, the clerk shall endorse and sign a statement upon each roll, to the effect that the same is the general assessment roll of the ward to which it applies for the year in which it has been prepared, as approved by the board of review. Such The statement may be in the following form, [viz.], namely:
STATE OF MICHIGAN,)
__________________)ss.
City of _________,)
I hereby certify that the board of review and equalization of the city of .................. have has reviewed, equalized, and corrected the within assessment roll, and have has deducted (or added, as the case may be) .............. dollars from (or to, as the case may be), the valuation of the real estate made by the supervisor, and have has determined the aggregate value of such real estate to be ........ dollars, and the total value of the personal estate to be ............. dollars for the year A.D. ...........
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Dated
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Clerk of the Board of Review. |
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(4) Upon the completion of such the rolls, and their endorsement in the manner aforesaid, they shall provided, the rolls must be returned to the several supervisors , and shall must be conclusively presumed by all courts and tribunals to be valid, and shall must not be set aside except for causes mentioned in the general laws of the this state , relating to the assessment of property and the levy and collection of taxes thereon. on property. The omission of such an endorsement , however, shall does not affect the validity of any such roll.
Sec. 15. Upon receiving the several ward tax rolls as above provided in this chapter, the city treasurer shall give notice immediately to the taxpayers of the city that such the tax rolls have been delivered to him and that the taxes therein levied can be paid to him at his the city treasurer's office at any time before the tenth day of January then next ensuing, without any charge for collection, ; or, where if the council have decided decides to have the taxes levied and collected in 2 installments , and the roll be is the July roll, on or before the fifteenth day of September, without any charge for collection. ; but that 4 per cent However, the 4% collection fee shall must be charged and collected upon all taxes remaining unpaid on said the tenth day of January or fifteenth day of September, as the case may be. Said applicable. Before January 1, 2022, the notice shall must be given by publishing the same notice twice in 1 or more of the newspapers of the city and by posting copies thereof of the notice in 3 public places in each ward of the city. ; and it shall be Beginning January 1, 2022, the notice must be posted as set forth in the local government public notice act. It is the duty of the treasurer to be at his or her office at such times previous to before the
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said tenth day of January and fifteenth day of September, as the council shall direct, and there directs, to receive payment of such those taxes as may be offered to him or her. He The treasurer shall not collect no fees upon any taxes paid to him or her before the said tenth day of January, or where if the council have decided decides to have the tax levied and collected in 2 installments and the roll be is the July roll, on or before the fifteenth day of September, but in all other cases he or she shall collect both the tax and the 4 per cent 4% collection fee.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
