February 5, 2008, Introduced by Senators PATTERSON and BIRKHOLZ and referred to the Committee on Natural Resources and Environmental 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 charter township existing on June 15, 1978, or
a township incorporated after June 15, 1978 as a charter township
that complies with all of the following standards, is exempt from
annexation to any contiguous city or village except as otherwise
provided
in subsections (2) to (8) this
section:
(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 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) The annexation under this subsection of any territory with
more than 100 residents from a charter township to a city is
subject to the requirements set forth in section 9(5) of the home
rule city act, 1909 PA 279, MCL 117.9. The annexation under this
subsection of any territory with 100 or fewer residents from a
charter township is subject to subsection (17). 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) The annexation under this subsection of any territory with
100 or fewer residents from a charter township is subject to
subsection (17). Notwithstanding subsection (1), a portion of a
charter
township , which charter township that is
contiguous on all
sides
with a city or village , and
has more than 100 residents 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), 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 this state
or
any
of its subdivisions that political
subdivision of this state
who collectively hold the equitable title as vendee under a
recorded land contract or memorandum of land contract, or recorded
legal title as record fee owner 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, which may include an agreement as
described in section 9c(3) of the home rule city act, 1909 PA 279,
MCL 117.9c.
(5)
Notwithstanding subsections (1) and (3) subsection (1), 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) A city, village, property owner, or registered electors
that intend to petition for annexation of territory to a city or
village from a township shall provide written notice of that intent
by certified mail, return receipt requested, to the clerk of any
city, village, or township that is affected by the proposal.
(7) The city or village and the township may negotiate an
agreement concerning the annexation of the territory that includes,
but is not limited to, the sharing of tax revenues, the future land
use of the territory, and any other factors or terms that may be
considered or provided for in a contract negotiated under 1984 PA
425, MCL 124.21 to 124.30, or an interlocal agreement negotiated
under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL
124.501 to 124.512.
(8) Forty-five days after receipt of the notice under
subsection (6), if no agreement has been reached under subsection
(7) between the city or village and the township concerning the
proposed annexation, a petition for annexation of territory may be
filed. On the same day that the petition is filed, the petitioner
shall send a copy of the petition by certified mail, return receipt
requested, to the clerks of both the city or village and the
township in which the territory is located.
(9) If no agreement is reached within 45 days after receipt of
the notice under subsection (6), the city or village or the
township may file a claim not later than 10 days after the
expiration of that period in the circuit court asserting that the
other party did not participate in negotiations in good faith. If
the court finds that the city or village or the township did not
participate in negotiations in good faith, it may provide
appropriate equitable relief, including, but not limited to,
prohibiting the annexation for a period of not more than 2 years or
prohibiting the referendum provided for in subsection (5) or (10).
(10) If, within 30 days after receipt by the clerk of the
township of the petition for annexation, a petition for a
referendum on the question of annexation is filed with the county
election commission that contains the signatures of at least 25% of
the registered electors in the affected township, based on the most
recent certification of the number of registered electors made by
the township clerk to the county clerk, the county election
commission shall certify that the referendum petition meets the
requirements for petitions under the Michigan election law, 1954 PA
116, MCL 168.1 to 168.992, and shall place the issue on the ballot
at the same election at which the question of the proposed
annexation is presented under subsection (14).
(11) If a petition containing sufficient valid signatures for
a referendum on the question of annexation is not filed with the
county election commission under subsection (10), the election
shall take place as provided in subsection (5).
(12) If a petition containing sufficient valid signatures for
a referendum on the question of annexation is filed with the county
election commission under subsection (10), the annexation shall be
allowed to occur only if a majority of the electors voting on the
issue in the annexing city or village, in the territory proposed
for annexation, and in the balance of the township within which the
territory proposed for annexation is located vote for the
annexation.
(13) If an agreement is reached 30 days before the date of an
election scheduled under subsection (10), the referendum shall be
held as provided in subsection (5).
(14) (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.
(15) (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.
(16) (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.
(17) The annexation of any territory under subsection (2) or
(3) with 100 or fewer residents to a city or village from a charter
township is subject to the following sections:
(a) In the case of annexation to a city, the annexation is
subject to section 9c of the home rule city act, 1909 PA 279, MCL
117.9c.
(b) In the case of annexation to a general law village, the
annexation is subject to section 6b of chapter XIV of the general
law village act, 1895 PA 3, MCL 74.6b.
(c) In the case of annexation to a home rule village, the
annexation is subject to sections 4 and 5 of the home rule village
act, 1909 PA 278, MCL 78.4 and 78.5.
(18) The detachment of any territory from a city or village to
a charter township is subject to the following sections:
(a) In the case of detachment from a city, the detachment is
subject to section 9e of the home rule city act, 1909 PA 279, MCL
117.9e.
(b) In the case of detachment from a general law village, the
detachment is subject to section 6d of chapter XIV of the general
law village act, 1895 PA 3, MCL 74.6d.
(c) In the case of detachment from a home rule village, the
detachment is subject to section 5b of the home rule village act,
1909 PA 278, MCL 78.5b.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No. 1080.
(b) Senate Bill No. 1082.
(c) Senate Bill No. 1083.
(d) Senate Bill No. 1079.
(e) Senate Bill No. 1081.