January 15, 2015, 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 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 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.
(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.
(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 all
of the following occurring:
(a) 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
(b) The governing body of the charter township, by resolution,
approves having the question of annexing a portion of the charter
township being placed on the ballot for voter approval.
(c) The 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 and if
the governing body of the charter township, by resolution, approves
having the question of annexing a portion of the charter township
being placed on the ballot for voter approval, 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, governing body of
the charter township, by
resolution, approves having the question of annexing a portion of
the charter township being placed on the ballot for voter approval,
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.