SB-0383,As Passed Senate, June 5, 2003                                      

SUBSTITUTE FOR

SENATE BILL NO. 383

                                                                             A bill to amend 1895 PA 3, entitled                                               

"The general law village act,"                                              

by amending section 6 of chapter XIV (MCL 74.6) and by adding               

sections 6b, 6c, and 6d to chapter XIV.                                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1                              CHAPTER XIV                                      

2       Sec. 6.  (1)  Whenever the council of any village shall                     

3   determine Subject to section 6b of this chapter and except as              

4   otherwise provided in subsection (6), if the council determines

5   by resolution to alter the boundaries of  such the village,                

6   either by  taking in lands and premises annexing territory

7   adjoining  thereto the village or by  taking out any lands and             

8   premises detaching territory included in  such the village, or            

9   both,  they the council shall petition the county board of                 

10  supervisors commissioners of the county in which  such lands              

1   and premises affected thereby are the territory is situated to             

2   make  such that change.   Such The petition shall be signed by            

3   the president and clerk of the village. The petition shall                  

4   contain a include all of the following:                                   

5       (a) A description by metes and bounds of the  lands and                     

6   premises territory proposed to be  added to or taken out of such           

7   village, and shall set forth the annexed or detached.                      

8       (b) The reasons for the proposed boundary change.  ,and shall               

9   contain a

10  (c) A copy of the resolution of the council in relation                     

11  thereto, and shall be signed by the president and clerk of such            

12  village to the boundary change.                                            

13  (2) Before  such the petition  shall be is presented to the               

14  county board of  supervisors notice shall be given by the clerk

15  commissioners, the village clerk shall give notice of the time              

16  and place when the  same petition will be presented for                    

17  consideration, by  publishing the same publication in a                    

18  newspaper  published in such village for at least 3 of general             

19  circulation in the village and the territory proposed to be                 

20  annexed or detached not less than once each week for 3                      

21  consecutive weeks immediately preceding the presentation of the             

22  same, and if no newspaper is published in such village, then

23  petition or by posting the  same notice in at least 3  of the              

24  most  public places within the village not located in any                   

25  territory proposed to be annexed or detached, and in at least 3             

26  of the most  public places  of in the territory  directly                 

27  affected thereby.  Such proposed to be annexed or detached.  The

1   notice shall also contain a description of the  premises

2   territory proposed to be  taken in or out of the boundaries of              

3   such village.  At the time of presenting such petition all

4   annexed or detached.                                                        

5       (3) If a petition is presented, interested parties                          

6   interested  may appear before  such the county board of                   

7   supervisors commissioners and be heard  touching the proposed             

8   boundaries of such village, and after such hearing and due                  

9   consideration of such petition, it shall be the duty of the board           

10  of supervisors to order and determine as to whether the prayer              

11  contained in the petition or any part thereof shall be granted,             

12  and they shall make an order of such determination, which order             

13  shall be entered upon their records, and thereupon the boundaries           

14  of such village shall be fixed and shall exist as provided in               

15  such order, and a certified copy thereof shall be transmitted to            

16  the clerk of such village and to the secretary of state, and such           

17  order shall be prima facie evidence of such change of boundaries            

18  of such village and of the regularity of such proceedings in all            

19  courts and places on the proposal.  If the county board of                 

20  commissioners enters an order approving the petition, and if on             

21  the date the petition or resolution was filed more than 100                 

22  persons resided in the area approved for annexation, the county             

23  board of commissioners shall send a certified copy of its order             

24  to the clerk of each county, village, and township affected and             

25  to the secretary of state.  The county board of commissioners'              

26  order shall become final 30 days after the date of the order                

27  unless within that 30-day period a petition is filed with the               

1   county election commission that contains the signatures of at               

2   least 25% of the registered electors residing in the portion of             

3   the territory approved for annexation, in the annexing village,             

4   or in the balance of the township.  After verifying that the                

5   referendum petition meets the requirements for petitions under              

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

7   county election commission shall order that a referendum on the             

8   question of annexation be held in each area from which a valid              

9   petition was filed.  If a valid petition is not filed within 30             

10  days or if the majority of the electorate voting on the question            

11  in each area in which a referendum was held, voting separately,             

12  approves the annexation, the annexation shall be effective on a             

13  date set by order of the county board of commissioners; otherwise           

14  the annexation shall not take effect.

15  (4) The county board of commissioners shall not approve a                   

16  petition for annexation or detachment if that proposed annexation           

17  or detachment was disapproved by the county board of                        

18  commissioners or rejected by the qualified electors within                  

19  2 years before the date the petition is filed under subsection              

20  (1), except as otherwise provided in section 6c of this chapter.            

21      (5) Territory may be annexed to a village from a township                   

22  only if the territory to be annexed does not contain any real               

23  property owned by the township, except for utilities and other              

24  facilities that are located within a public right-of-way.                   

25      (6) Notwithstanding the provisions of section 6b of this                    

26  chapter, if the territory proposed to be annexed to a village is            

27  located in a township and is adjacent to and owned by the village           

1   proposing to annex the territory and if no persons reside in the            

2   territory, the territory may be annexed under 1 of the following            

3   methods:                                                                    

4   (a) If the territory will be used for a public purpose for                  

5   not less than 8 years from the adoption of the resolution, by               

6   resolution of the village council.  For the purpose of this                 

7   subdivision, territory is used for a public purpose if it is                

8   exempt from the collection of taxes under the general property              

9   tax act, 1893 PA 206, MCL 211.1 to 211.157.  The township from              

10  which property is annexed under this subdivision may file a                 

11  petition with the county board of commissioners at any time                 

12  within 8 years from the adoption of the resolution, alleging that           

13  the property annexed is not being used for a public purpose.  If            

14  the county board of commissioners finds after a hearing on the              

15  petition that the property is not being used for a public                   

16  purpose, the county board of commissioners shall issue and enter            

17  in its records an order that the property be reattached to the              

18  township from which it was annexed.                                         

19      (b) By the affirmative majority vote of both the village                    

20  council and the township board.                                             

21      (7) Except as otherwise provided in subsection (6), a                       

22  proposed annexation of territory in which 100 or fewer persons              

23  resided on the date the petition is filed is subject to the                 

24  provisions of section 6b.                                                   

25      (8) The incorporation as a city by a village is not an                      

26  annexation under this section.

27  Sec. 6b.  (1) The annexation of any territory with 100 or                   

1   fewer residents to a village from a township for which a petition           

2   is filed with the county board of commissioners on or after the             

3   effective date of the amendatory act that added this section is             

4   subject to the procedures and conditions set forth in this                  

5   section, except as provided in section 6c.                                  

6       (2) A village, property owner, or registered elector that                   

7   intends to petition the county board of commissioners for                   

8   annexation of territory with 100 or fewer residents to a village            

9   from a township shall provide written notice of that intent by              

10  certified mail, return receipt requested, to the clerk of any               

11  village or township that is affected by the proposal and to the             

12  county election commission.                                                 

13      (3) The village and township may negotiate an agreement                     

14  concerning the annexation of the territory that includes, but is            

15  not limited to, an agreement not to contest the annexation                  

16  petition before the county board of commissioners, the sharing of           

17  tax revenues, the future land use of the territory, and any other           

18  factors or terms that may be considered or provided for in a                

19  contract negotiated under 1984 PA 425, MCL 124.21 to 124.30, or             

20  an interlocal agreement negotiated under the urban cooperation              

21  act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.                   

22      (4) Forty-five days after receipt of the notice under                       

23  subsection (2), if no agreement has been reached under                      

24  subsection (3) between the village and the township concerning              

25  the proposed annexation, a petition for annexation of territory             

26  may be filed with the county board of commissioners.  On the same           

27  day that the petition is filed, the petitioner shall send a copy            

1   of the petition by certified mail, return receipt requested, to             

2   the clerk of both the village and township in which the territory           

3   is located.                                                                 

4       (5) If no agreement is reached within 45 days after receipt                 

5   of the notice under subsection (2), the village or the township             

6   may file a claim not later than 10 days after the expiration of             

7   that period in the circuit court asserting that the other party             

8   did not participate in negotiations in good faith.  If the court            

9   finds that the village or township did not participate in                   

10  negotiations in good faith, it may provide appropriate equitable            

11  relief, including, but not limited to, prohibiting the annexation           

12  for a period of not more than 2 years or prohibiting the                    

13  referendum provided for in subsection (6).                                  

14      (6) If, within 30 days after receipt by the clerk of the                    

15  township of the petition for annexation, a petition for a                   

16  referendum on the question of annexation is filed with the county           

17  election commission that contains the signatures of at least 25%            

18  of the registered electors in the affected township, based on the           

19  most recent certification of the number of registered electors              

20  made by the township clerk to the county clerk, the county                  

21  election commission shall certify that the referendum petition              

22  meets the requirements for petitions under the Michigan election            

23  law, 1954 PA 116, MCL 168.1 to 168.992, and call a special                  

24  election for the referendum to be held in the township within               

25  which the territory proposed for annexation is located.  If a               

26  township referendum petition is certified, the governing body of            

27  the village may also schedule a referendum on the annexation to             

1   be held on the same day in the village.  Up to 30 days after the            

2   referendum petition is filed, the governing body of the village             

3   or township may adopt a resolution to delay scheduling the                  

4   referendum to allow time for the village and township to continue           

5   negotiations concerning the annexation.  Upon adoption of a                 

6   resolution by the governing body of the village or township, the            

7   scheduling of the referendum shall be delayed until 90 days after           

8   the date on which the referendum petition is certified.  The                

9   county election commission shall not meet to schedule the                   

10  referendum until 30 days after the petition is filed.  The                  

11  special election shall be held not less than 60 days or more than           

12  90 days after the county election commission meets to schedule              

13  the election under this subsection, unless a primary or regular             

14  election, or a special election called for another purpose,                 

15  occurs not less than 60 days or more than 90 days after the                 

16  referendum petition is filed.  In that event, the referendum                

17  shall be submitted at that primary, regular, or special election            

18  and an additional special election shall not be called.                     

19      (7) If a petition containing sufficient valid signatures for                

20  a referendum on the question of annexation is not filed with the            

21  county election commission under subsection (6), the county board           

22  of commissioners shall proceed to process the annexation petition           

23  under section 6.                                                            

24      (8) If an agreement under subsection (3) is reached 30 days                 

25  before the date of an election scheduled under subsection (6),              

26  the referendum shall not be held.  If no agreement is reached,              

27  the referendum shall be held as ordered by the county election              

1   commission.  The annexation shall be allowed to occur only if a             

2   majority of the electors voting on the issue in the township                

3   within which the territory proposed for annexation is located,              

4   and in the village if it holds an election under subsection (6),            

5   counted separately, vote for the annexation.                                

6       (9) If a majority of the electors voting on the issue in the                

7   township within which the territory proposed for annexation is              

8   located vote for the annexation, and a majority of the electors             

9   voting on the issue in the village vote for the annexation if it            

10  holds an election under subsection (6), and the county board of             

11  commissioners approves the annexation under section 6(3), the               

12  county board of commissioners shall send a certified copy of its            

13  order to the clerk of each county, village, and township affected           

14  and to the secretary of state.  The annexation shall be effective           

15  on a date set forth in the county board of commissioners' order.

16  Sec. 6c.  If the governing bodies of a village and township                 

17  approve by resolution an agreement to annex, or not to contest              

18  the annexation of, territory in the township with 100 or fewer              

19  residents before a petition for annexation is filed with the                

20  county board of commissioners, the provisions of section 6b do              

21  not apply and a petition for annexation may be filed at any time.

22  Sec. 6d.  (1) Notwithstanding any other provision of this                   

23  act, territory may be detached from a village to a township only            

24  if all of the following conditions are met:                                 

25      (a) The territory to be detached does not contain any real                  

26  property owned by the village, except for utilities and other               

27  facilities that are located within a public right-of-way.                   

1       (b) The territory to be detached was not annexed within the                 

2   previous 2 years, calculated from the date that the most recent             

3   annexation of that territory, if any, was completed.                        

4       (c) The detachment is approved by a majority vote of the                    

5   qualified electors residing in each of the following, counted               

6   separately:                                                                 

7                                                                                (i) The territory proposed to be detached from the village.                         

8       (ii) The remaining portion of the village.                                   

9   (iii) The township to which the territory will be attached.