January 13, 2011, Introduced by Rep. Heise and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1947 PA 359, entitled
"The charter township act,"
by amending section 34 (MCL 42.34), as amended by 2003 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
34. (1) A Except as
provided in subsection (9), a charter
township existing on June 15, 1978, or a township incorporated
after June 15, 1978 as a charter township that complies with the
following standards, is exempt from annexation to any contiguous
city or village except as provided in subsections (2) to (8):
(a) Has a state equalized valuation of not less than
$25,000,000.00.
(b) Has a minimum population density of 150 persons per square
mile to be determined by the secretary of state by dividing the
most recent regular or special census of population by the number
of square miles then under the jurisdiction of the charter township
not to include the population or territory within the jurisdiction
of an incorporated village.
(c) Provides fire protection service by contract or otherwise.
(d) Is governed by a comprehensive zoning ordinance or master
plan.
(e) Provides solid waste disposal services or recycling
services to township residents, within or without the township, by
contract, license, or municipal ownership.
(f) Provides water or sewer services, or both, by contract or
otherwise.
(g) Provides police protection through contract with the
sheriff in addition to normal sheriff patrol, through an
intergovernmental contract, or through its own police department.
(2) Notwithstanding subsection (1), and except as provided in
subsection (9), the state boundary commission may, under procedures
initiated and conducted under section 9 of the home rule city act,
1909 PA 279, MCL 117.9, order a portion or portions of a charter
township to be annexed as necessary to eliminate free standing
islands of the township completely surrounded by an annexing city,
or to straighten or align the exterior boundaries of the city or
village in a manner that the charter township and city or village
contain uniform straight boundaries wherever possible.
(3) Notwithstanding subsection (1), and except as provided in
subsection (9), a portion of a charter township, which charter
township is contiguous on all sides with a city or village, may be
annexed by that city or village with the approval of a majority of
the electors in that portion of a charter township.
(4) Notwithstanding subsection (1), and except as provided in
subsection (9), if a qualified elector does not reside in the
territory proposed to be annexed that is contiguous to the city or
village, other than the 1 or more persons petitioning, or if a
petition signed by 1 or more persons, firms, corporations, the
United States government, or the state or any of its subdivisions
that collectively hold the equitable title as vendee under a
recorded land contract or memorandum of land contract, or recorded
legal title to more than 1/2 of the area of the land in the
territory to be annexed is filed with the city or village and with
the township board of the charter township in which the territory
is situated, the annexation may be accomplished by the affirmative
majority vote of the city council or village board of the city or
village and the approval of the charter township board of the
township.
(5) Notwithstanding subsections (1) and (3), and except as
provided in subsection (9), a portion of a charter township
contiguous to a city or village may be annexed to that city or
village upon the filing of a petition with the county clerk which
petition is signed by 20% of the registered electors in the area to
be annexed and approval by a majority of the qualified and
registered electors voting on the question in the city or village
to which the portion is to be annexed, and the portion of the
township which is to be annexed, with the vote in each unit to be
counted separately.
(6) If a petition is filed as provided in subsection (5), the
county clerk, after determining the validity of the petition, shall
order a referendum on the question of annexation. 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.
(7) A village having a population of 4,200 or more shall not
be annexed to a contiguous unit of government unless a majority of
the qualified and registered electors residing within the village
vote in favor of the annexation at an election held under the
Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
(8) The common boundary of a charter township and a city or
village may be adjusted by resolution approved by a majority of
each of the respective governing bodies after the governing bodies
give 90 days' notice to property owners in the area proposed for
the boundary adjustment, and the governing bodies conduct a public
hearing on the proposed boundary adjustment.
(9) Beginning on the effective date of the amendatory act that
added this subsection, a charter township with a population of more
than 20,000 that meets all of the requirements under subsection
(1)(a) through (g) is exempt from annexation and is not permitted
to detach territory.
Enacting section 1. This amendatory act applies to any
annexation or detachment pending on or initiated after the
effective date of this amendatory act.