April 22, 2003, Introduced by Senator BASHAM and referred to the Committee on Local, Urban and State Affairs.
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
section 6b 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 If the council determines by resolution to
alter the
4 boundaries of such the
village, either by taking in lands and
5 premises annexing territory adjoining thereto the
village or
6 by taking out any
lands and premises detaching territory
7 included in such the
village, or both, they the council shall
8 petition the county
board of supervisors commissioners of the
9 county in which such
lands and premises affected thereby are
10 the territory is situated
to make such that change. Such The
1 petition shall be signed by the president and clerk of the
2 village. The
petition shall contain a include all of the
3 following:
4 (a) A description by
metes and bounds of the lands and
5 premises territory proposed to be added to or taken
out of such
6 village, and shall set
forth the annexed or detached.
7 (b) The reasons for
the proposed boundary change. ,and shall
8 contain a
9 (c) A copy of the resolution of the council in relation
10 thereto, and shall be
signed by the president and clerk of such
11 village to the boundary change.
12 (2) Before such
the petition shall be is presented to the
13 board of supervisors
notice shall be given by the clerk
14 commissioners, the village clerk shall give notice of the time
15 and place when the same
petition will be presented for
16 consideration, by publishing
the same publication in a
17 newspaper published
in such village for at least 3 of general
18 circulation in the village not less than once each week for 3
19 consecutive weeks immediately preceding the presentation of the
20 same, and if no
newspaper is published in such village, then
21 petition or by posting
the same notice in at least 3 of the
22 most public places within the village not located in
any
23 territory proposed to be annexed or detached, and in at least 3
24 of the most public places of in the territory directly
25 affected thereby.
Such proposed to be annexed or
detached. The
26 notice shall also contain
a description of the premises
27 territory proposed to be taken
in or out of the boundaries of
1 such village. At the
time of presenting such petition all
2 annexed or detached.
3 (3) If a petition is presented, interested parties
4 interested may appear before such the county
board of
5 supervisors commissioners and be heard touching the
proposed
6 boundaries of such
village, and after such hearing and due
7 consideration of such
petition, it shall be the duty of the board
8 of supervisors to
order and determine as to whether the prayer
9 contained in the
petition or any part thereof shall be granted,
10 and they shall make an
order of such determination, which order
11 shall be entered upon
their records, and thereupon the boundaries
12 of such on the proposal. After the hearing and, if
required
13 under section 6b of this chapter, a vote on a proposed
14 annexation, the county board of commissioners shall issue and
15 enter in its records an order determining whether to grant all or
16 part of the boundary change petitioned for. Upon issuance of the
17 order, and subject to voter approval under section 6b of this
18 chapter, the boundaries of the village shall be fixed and shall
19 exist as provided in such
order, and a certified copy thereof
20 shall be transmitted the order. Upon issuance of the order, the
21 county clerk shall transmit a copy of the order to the clerk of
22 such the village and to the secretary of state.
, and such
23 The order shall be prima
facie evidence of such the change of
24 boundaries of such the
village and of the regularity of such
25 the proceedings. in
all courts and places.
26 Sec. 6b. (1) A village shall not proceed to annex territory
27 under section 6 of this chapter from any other village or a city,
1 township, or charter township unless the question of the
2 annexation has been voted upon by the voters in the territory
3 proposed for annexation, if any, and the balance of each city,
4 village, township, or charter township affected by the annexation
5 voting independently.
6 (2) If a vote is required under subsection (1), the
7 annexation shall be considered defeated if a majority of the
8 electors voting independently on the issue in the annexing
9 village, the territory proposed for annexation, or the balance of
10 the city, village, township, or charter township within which the
11 territory proposed for annexation is located vote against the
12 annexation. Otherwise, the annexation shall be considered
13 approved and effective when the county board of commissioners
14 enters an order approving the annexation under section 6 of this
15 chapter.