HOUSE BILL No. 4822

 

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.