June 12, 2013, Introduced by Rep. Heise and referred to the Committee on Local Government.
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 subsections (2) to (5), 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), 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), 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.as provided in subsection (8).
(4) Notwithstanding subsection (1), 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.as
provided in subsection (8).
(5) Notwithstanding subsections (1) and (3), 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.as provided in
subsection (8).
(6) (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.
(7) (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.
(8) Notwithstanding any provision of law and beginning on the
effective date of the 2013 amendatory act that added this
subsection, upon the filing of a petition or resolution to annex
property located in a charter township, the charter township and
the local government involved in the proposed annexation shall
attempt to enter into a contract for a conditional transfer of the
property involved as provided in 1984 PA 425, MCL 124.21 to 124.30.
If the charter township and the local government involved in the
proposed annexation do not enter into a contract under 1984 PA 425,
MCL 124.21 to 124.30, within 180 days of the date the annexation
petition or resolution is filed, the proposed annexation shall be
determined by the circuit court of the county in which the property
subject to annexation is located as provided in section 608 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.608.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4823(request no.
03074'13 a) of the 97th Legislature is enacted into law.