Sort of like you! :D
Sort of like you! :D
Oh, most holy Street Prophet, wouldst thou, from the great abundance of thy deontological wisdom and for the sake of Neda Soltani, graciously read the following excerpt from the laws that thou hast posted and endow thy humble servants with thy exegesis:
Proceedings for consolidation may be initiated by the filing of a petition with the commission signed by a number of registered electors who are residents of 1 or more of the affected municipalities at least equal to 5% of the total population of the affected municipalities {123.1012[[1)}
After the public hearing on a proposed consolidation and review by the commission, the commission may deny the proposed consolidation, revise the boundaries of the territory to be consolidated and approve the proposal, or approve the consolidation without any change. {123.1012a[[1)}
If a consolidation proposal is approved with or without a revision of the boundaries the commission's order becomes final 45 days after the date of the order unless within that 45 days a petition for a referendum is filed with the commission which contains the signatures of at least 5% of the registered electors residing in the area to be consolidated as approved by the commission. If a petition is not filed and the commission's order becomes final the secretary shall send a certified copy of the order to the petitioner and the clerk of each county, city, village or township affected and to the secretary of state. If the petition is filed, the commission after determining the validity of the petition shall submit the proposition to a vote of the electors of the affected municipalities and shall specify a date later than the referendum on which the commission's order becomes final. {123.1012a[[3)}
In order to be adopted, the proposition to consolidate shall receive an affirmative majority vote in each municipality affected voting separately. If a majority of the votes cast in each municipality affected are in favor of the proposed consolidation the commission's order becomes final and proceedings may be conducted in accordance with sections 13 to 17. Otherwise the proceedings on the consolidation proposal shall terminate. {123.1012a[[4)}
Sort of everyone if you all don't change the laws to make Detroit and suburbs combine.Quote:
Originally Posted by hudkina
That SBC law only shows how certian areas in the township [[ even it was a charter) may join to a major city.Quote:
Originally Posted by Retroit
“Municipality” means an incorporated city or village. {123.1001[[d)}
Danny's a bit clueless when it comes to these laws. There's nothing in state law that prohibits multiple cities and townships from consolidating into a single city. The State Boundary Commission act specifically permits it and the requirements of the Charter Township Act have no bearing on any consolidation. That's the legal side. As the Professor has stated, this is never going to happen so it's all debating society discussion on the details.
The idea of a Farmington/Farmington Hills merger died for most of the reasons outlined in the article. The Farmington residents were afraid of losing their political clout in a larger city and losing the services that they paid higher taxes to get. People get fixated on services like leaf pick-up even if it means that the quality of the police and fire services is less than what they would get in a consolidated city. The same attitude has come up over the years when Northville and Northville Township have talked merger. You have to get badly in the hole, like the towns in the UP did, where you are forced to merge or die before people will sign onto the concept.
I don't think any city would ever agree to be annexed by Detroit. But what about a section of Detroit becoming it's own new city? Wouldn't Detroit be better off if it were cut up into new smaller cities?
http://detroitgayhistory.blogspot.com/
"Wouldn't Detroit be better off if it were cut up into new smaller cities?"
How so? Most of Detroit's problems are due to low property values, a tax base that can't support the level of public services needed and too few people spread across too much land. Breaking Detroit into smaller chunks won't address any of those problems. Creating a bunch of new, smaller cities would leave you with a bunch of Highland Parks and Hamtramcks, struggling at best, complete failures at worst.
Well, I agree some areas would just continue to be crap. But, some other nicer areas of Detroit could become even nicer. Imagine a city of Palmer Park which included Sherwood Forest, etc. I think smaller more localized control would help improve these little "districts"Quote:
Originally Posted by Novine
http://detroitgayhistory.blogspot.com/
As a resident of Hamtramck, I find it insulting you would label us a complete failure, as we seem to always rise above the grim outlook that is always attached to us.Quote:
Originally Posted by Novine
Actually he's referring to Hamtramck as the "struggling at best", while Highland Park is the "complete failure".
"Actually he's referring to Hamtramck as the "struggling at best", while Highland Park is the "complete failure".
Correct. I would hope Hamtramck residents would see their city as at least a step above Highland Park!
"But, some other nicer areas of Detroit could become even nicer. Imagine a city of Palmer Park which included Sherwood Forest, etc. I think smaller more localized control would help improve these little "districts"
With what money? Providing the range of services that would need to be provided isn't going to be done for free. Places like Palmer Park are in better shape that many areas of Detroit. But when it comes to tax base, they're not going to be able to support the levels of service that would move them into the class of similarly sized suburban enclaves.
Actually they probably would. The area that includes Palmer Woods, Sherwood Forest, Green Acres, Bagley, University District, and the Golf Club is one of the wealthiest areas in Metro Detroit. There's more than enough money in that area to support an independent enclave.
Quote:
Originally Posted by Novine
Novine,
YES, but you are not looking further into the clause. There is nothing in the Michigan State Constitution that city can annex a city, but it can propose of merging its city services. A city annexation to a city must have conventional bill to become law, Therefore a city annexation for a city is ILLEGAL! I did some urban studies research to find out whether Michigan city can annexation a city I only found this Now we are getting back to square one:
Introduction
The Charter Township Act, Public Act 359 of 1947, is an example of progressive legislation
affecting Michigan townships. The Michigan Legislature recognized that there are
townships which provide additional services and need additional laws to provide for
better administration of township affairs. Since its passage in 1947, there have been
several amendments to the act to meet the changing needs of townships.
A general law township having a minimum population of 2,000 inhabitants is authorized
to adopt the Charter Township Act and incorporate as a charter township. A township is
not authorized to develop its own charter; the Charter Township Act is the charter of the
township. The act’s provisions are uniform for all Michigan townships, and they cannot
be altered by a particular township.
Charter townships and general law townships are similar in organizational structure and
powers except for specific differences provided for in the Charter Township Act. In
particular, the act grants charter townships additional flexibility in their organizational
structure, boundary protection against annexation and enhances the unit's general tax
authority.
Should your township incorporate as a charter township? The decision belongs to your
township alone. To help you make an informed decision, the following information spells
out some differences and similarities between a charter township and a general law
township.
Organizational Structure
In a charter township, all legislative authority and powers are vested in a seven-member
township board comprised of a supervisor, clerk, treasurer and four trustees. A quorum
of four members must be present at a meeting to conduct business.
Organization changes in the act affect the offices of the supervisor and trustee. There
are no substantive changes in the duties of the township clerk and treasurer if a township
incorporates under the act.
The Supervisor and Superintendent
In general law and charter townships, the supervisor is an officer of the township board
and has an equal voice and vote in township board proceedings. In a general law
township, the township board retains most of the administrative authority. The Charter
Township Act grants a charter township supervisor more authority over the day-to-day
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operations of the township.
The township board of a charter township is authorized to hire a superintendent. [[MCL
42.11) If the township board appoints a superintendent, the board may delegate any or
all of the following statutory duties to that official:
❑ Oversee enforcement of township ordinances and laws;
❑ Manage public improvement projects; oversee construction, repair, maintenance,
lighting and cleaning of township property, including streets, sidewalks, bridges,
and sewers;
General Law or Charter Township? / MTA, February 2005 Page 1 of 13
❑ Manage construction, repair, maintenance of sidewalks, streets, bridges,
sewers, pavements of all public buildings and other township property;
❑ Oversee operation of township utilities and maintenance of township property,
tools and appliances;
❑ Oversee terms and conditions of township contracts;
❑ Attend township board meetings and take part in discussions, but without the
right to vote;
❑ Serve as ex-officio member of all township board committees;
❑ Prepare and administer the annual budget under township board direction and
apprise the township board of the township’s financial status;
❑ Make recommendations to the township board as necessary;
❑ Administer all township departments;
❑ Serve as the purchasing agent for the township or delegate this responsibility to
some other officer or employee;
❑ Conduct authorized sales of township personal property;
❑ Serve as personnel director or delegate this duty to some other officer or
employee, and
❑ Perform any other duties delegated to him/her which are not assigned to some
other official. [[MCL 42.10)
If these duties are not delegated to the superintendent, they become the responsibility
of the township supervisor. In effect, this provides additional authority to a charter
township supervisor beyond that accorded a supervisor of a general law township.
If a board appoints a superintendent, he or she serves at the pleasure of the township
board. State law provides that the township board determines the superintendent’s
salary, and the appointee must become a township resident within 90 days of assuming
the position, unless the board waives the requirement by resolution adopted by 2/3 of
the members of the board. The act also provides that the appointee must be selected
on the basis of training and ability without regard to political or religious preferences.
[[MCL 42.11)
If a township has not appointed a township superintendent under MCL 42.10, the township
board may employ a township manager to perform duties lawfully delegated to the
manager by the township board. The duties may include those that are delegated by
law to another township official if written consent has been granted by that official.
MCL42.10a)
State law does not specify the duties of a township manager. MTA’s position is that a township manager can be delegated the same duties as a superintendent.
Page 2 of 13 General Law or Charter Township? / MTA, February 2005
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Trustees
A charter township board must have four trustees. If a township becomes chartered with
only two trustees, the additional two trustees must be elected at the first general election
held following incorporation.
The duties of a charter township trustee are identical to those of a general law township
trustee. He or she possesses an equal voice and vote in township affairs. The trustee is
responsible for attending township board meetings and takes part in all decisions.
Trustees are the “pure” legislators on the board and should have an understanding of all
aspects of township board affairs.
Other Officials
What about hiring other township officials? There is no difference in the ability of a
general law township or a charter township to hire the necessary personnel to properly
and efficiently operate the township. The act enables a township board, by resolution, to
establish additional offices to administer township affairs, such as a public works administrator
or personnel director, or combine any administrative offices, so long as it does
not conflict with state law. The newly created offices cannot replace, abolish or diminish
the statutory duties of the clerk’s or treasurer’s office. [[MCL 42.9)
Annexation Protection
The Charter Township Act grants enhanced protection from annexation to townships
that provide police and fire protection, water and sewer services, and other services. In
the 1970s, many general law townships incorporated as charter townships because of
the annexation protection offered by the act.
If a township became chartered prior to June 15, 1978, the township is generally
protected from annexation.
A charter township that incorporated on or after June 15, 1978, is generally protected
from annexation to any adjacent city or village if it meets certain statutory criteria:
❑ State equalized valuation of at least $25 million;
❑ Minimum population density of 150 persons per square mile;
❑ Provides fire and police protection, solid waste disposal, and water and/or sewer
services by contract or some other method;
❑ Has a comprehensive zoning ordinance or master plan. [[MCL 42.34)
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Michigan Supreme Court decisions indicate a township must provide more than
minimum service to obtain greater protection from annexation.
However, the exemption from annexation is not complete immunity. Although the
authority of the State Boundary Commission over charter township land is lessened by
the act, the commission may order a portion[[s) of the township to be annexed to
straighten boundaries and avoid instances in which portions of a township are completely
surrounded by the annexing city. Township territory can also be annexed if the
action is initiated by the citizens themselves.
General Law or Charter Township? / MTA, February 2005 Page 3 of 13
Financial Matters
Fiscal Year
A charter township may adopt one of two fiscal years: January 1 to December 31 or
April 1 to March 31. This differs from general law townships, which can choose either
April 1 to March 31 or July 1 to June 30. An annual audit is required.
Budget
Each township official prepares a department budget and delivers it to the supervisor or
superintendent on or before 150 days prior to the fiscal year commencement. The
supervisor or superintendent must submit a complete itemized budget to the township
board no later than 120 days prior to the beginning of the fiscal year. [[MCL 42.24)
Prior to the new fiscal year, the township board must pass a resolution adopting the
budget for the new fiscal year, make an appropriation of the money needed for township
purposes, and provide for a levy of taxes upon real and personal property. If a township
operates on a calendar-year budget cycle, a public hearing on the proposed budget
must be held no later than December 15, and the budget must be adopted no later than
December 31. [[MCL 42.27)
The supervisor or superintendent must prepare quarterly reports that disclose
estimated and actual expenditures and revenues to date. [[MCL 42.29)
Within 60 days after a township becomes chartered, the board must pass a resolution
adopting an interim budget until the next fiscal year. [[MCL 42.27)
Taxing Authority
The Charter Township Act offers enhanced taxing authority. However, the act does not
require a township to levy any or all of the additional mills available to it under the act.
If a township became chartered by township board resolution before 1978 or by direct
voter approval after 1978, the township board may choose to automatically levy up to
five mills without voter approval. The township may with voter approval levy up to
five additional mills [[for a total of 10 mills).
Townships that incorporated after 1978 by board resolution have the same authorization
rate they enjoyed as a general law township and can levy up to 10 mills only with voter approval.
Page 4 of 13 General Law or Charter Township? / MTA, February 2005
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Compensation
Setting Salaries
How are compensation levels set in a charter township? Salary levels can be set in one
of two ways: 1) by township board resolution subject to citizen referendum or 2) by a
compensation commission established by ordinance. [[MCL 42.6a)
If a general law or charter township does not conduct an annual meeting and does not
have a compensation commission, the township board shall, by resolution, set the
salaries of township board members. The board’s resolution to increase a salary is
subject to referendum if a citizen petition is filed with the township clerk. [[MCL 41.95[[3))
If a compensation commission is established, the township board cannot set the salaries
for any township official.
Trustees
The act provides that “A trustee may receive, in addition to other emoluments provided
by law for his service to the township, a sum per meeting of the township board meetings
actually attended by him, as established by the township board to be paid upon
authorization of the board.” [[MCL 42.6) MTA interprets this provision to allow a trustee
to be paid on a per meeting basis for attending township board meetings in addition to
an annual salary. The act specifically prohibits a supervisor, clerk and treasurer from
receiving additional compensation for attending township board meetings.
Decreases in Salary
The Charter Township Act provides that the salary of an elected township official cannot
be decreased during the official’s term of office unless the responsibilities and requirements
of that office are diminished and the official consents in writing to the salary reduction.
If the township hires a superintendent [[or manager under MCL 42.10a) the board can
not reduce the supervisor’s salary designated for performing non-assessing supervisor
duties unless the supervisor consents in writing to the salary reduction. [[MCL 42.6a)
The act specifically addresses reducing the salary of a supervisor who is compensated
for performing assessing duties but fails to perform those duties. A township board can
reduce the supervisor’s portion of the salary designated for assessing duties without the
official’s consent in writing. [[MCL 42.6a)
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Township Board Meetings
A general law township board is required to meet once every three months and at
additional times as necessary. The township board of a charter township is required to
meet at least once a month. Each member of a charter township is required to vote, if
present, on any issues presented to the board, unless the official is excused by the
unanimous consent of board members who are present. [[MCL 42.7)
There is one exception to this requirement. Under Public Act 15 of 1992, a charter
township board member may abstain from voting without the other board members’
consent when voting to fill a vacancy on the charter township board and the board
member abstaining states that he or she desires to be appointed to fill that vacancy. [[MCL 42.7)
General Law or Charter Township? / MTA, February 2005 Page 5 of 13
Board Authority
Acquiring and Disposing of Township Property
A charter township board is authorized to purchase, sell or long-term lease real or personal
property without authorization from the inhabitants. Under Public Act 16 of 1992, a
general law township board, by resolution, has the same authority.
Police and Fire Departments
General law townships and charter townships may have a police and fire department. In a
charter township, the officers are appointed by the supervisor or superintendent, if that
duty has been delegated, with the approval of the township board. [[MCL 42.13) In a
general law township, the township board appoints police and fire officers.
Ordinance Authority
Charter townships are authorized to adopt ordinances to protect the health, safety and
general welfare of township inhabitants and property. Ordinances in effect when a
general law township incorporates as a charter township remain in effect unless they
are repealed or amended. [[MCL 42.19)
A charter township can operate in essentially the same manner as a general law township
without any additional costs, with the exception of adopting ordinances. State law
requires additional publication of an ordinance before and after it is adopted. A charter
township is authorized to adopt any state law as an ordinance by reference. In general
law townships, only certain ordinances, such as the Uniform Traffic Code, may be
adopted by reference.
Public Improvements
Public improvements are managed in the same manner in both charter townships and
general law townships. Both general law and charter townships can create special
assessment districts and issue special assessment bonds to finance authorized improvements
[[MCL 42.31).
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Citizen Expectations
Another significant difference for charter townships, not found in any law book, is that
citizens may have increased expectations for services when a township incorporates as
a charter township. Because a charter township is often viewed as an “urbanized” form
of township government, citizens may expect additional and improved services beyond
that which the township currently provides.
Annual Meeting of the Electors
Charter townships are not required to conduct an annual meeting of the electors unless a majority of the township board determines to do so by resolution.
Page 6 of 13 General Law or Charter Township? / MTA, February 2005
How to Become a Charter Township
In order to incorporate under the Charter Township Act, a township must meet certain
population requirements and follow the procedures set forth in the act.
After each federal, state or special census, the Secretary of State’s office will notify the
township clerk of each township that meets the minimum population requirement of
2,000, excluding the population of any incorporated village, that it may incorporate as a
charter township.
The process to incorporate as a charter township can be initiated in one of two ways:
1) by township board resolution or 2) by citizen petition.
After the Secretary of State’s office has notified a township that it has met the population
requirement, the township board may adopt, by majority vote, a resolution opposed
to incorporation; a resolution of intent to incorporate, or a resolution to place the question
of incorporation on the ballot at the next regular or special election. [[MCL 42.3a)
Whether or not the township passes a resolution of intent to incorporate as a charter
township, the township clerk must publish the notice of right to referendum in a generally
circulated newspaper in the township within 15 days of notification from the Secretary
of State’s office. A second notice must be published seven days after the first notice.
If a citizen petition is filed within 60 days requesting a referendum on the question, the
township clerk is required to take appropriate steps to place the question on the ballot.
The second method for initiating incorporation under the act is citizen petition. If a
township has a minimum population of 2,000, a citizen petition can be filed with the
clerk requesting that the necessary steps be taken to place the question on the ballot.
The proposal to incorporate must be submitted on or before August 30 if the question is
to be put on the ballot at a general election or at least 60 days in advance of a special
election. [[MCL 42.3) However, note that the Michigan Election Law states that, for
elections in which state officers are to be elected, ballot proposals must be certified to
the local or county clerk at least 70 days before the election. Townships must use the
Election Law filing deadline of 70 days for elections at which state officers are to be
elected. [[MCL 168.646a)
An election, if conducted, must be in compliance with the general election laws. The
ballot language is as follows:
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“Shall the Township of ________________________ incorporate as a charter township,
which shall be a municipal corporation subject to the provisions of Public Act 359 of
1947, as amended, which act shall constitute the charter of such municipal corporation?
Yes [[ ) No [[ )"
If the voters approve the ballot proposal, the township clerk files a copy of the initiating
petition or township board resolution and other specified documents with the county
clerk’s and the Secretary of State or appointed, serve the balance of their term until their elected successors qualify for
and assume the office.
Can a charter township disincorporate?
Yes, the act provides the method for disincorporation as a charter township. An election
to disincorporate cannot be held until four years after the charter township first incorporated
or more often than every four years. [[MCL 42.2) General Law or Charter Township? / MTA, February 2005 Page 7 of 13ate's Office of the Great Seal. Township officials, elected
Conclusion
Should your township become a charter township? It is a value judgment which can
only be determined by your township. It is a complicated issue. We recommend that
township board officials and citizens familiarize themselves with the facets and
implications of the Charter Township Act to make an informed decision.
Under the Campaign Finance Act [[MCL 169.201, et seq), township board cannot use
general fund monies to campaign for or against becoming a charter township. It is
permissible to provide information, such as a newsletter article, that is unbiased and
provides both pros and cons of becoming a charter township. [[MCL 169.257)
The Michigan Townships Association is available to offer advice and sample forms
which a township may adapt to meet its particular needs. In addition, your township
should contact legal counsel experienced in township law to assist you throughout the process.
Page 8 of 13 General Law or Charter Township? / MTA, February 2005
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Duties of the Township Clerk
When Township is Notified of Eligibility to Incorporate:
1. Publish Notice of Eligibility to Incorporate
MCL 42.3a[[3) sets forth duties of the township clerk following receipt of notification from the
Secretary of State as:
1) Prepare a notice for publication in a newspaper of local circulation.
2) The notice must be published within 15 days following receipt of notification from the
Secretary of State.
3) A second notice, reiterating the material presented in the first notice, must be
published seven [[7) days following publication of the first notice.
NOTICE OF ELIGIBILITY TO INCORPORATE AS
A CHARTER TOWNSHIP AND RIGHT TO REFERENDUM
Official certification has been received from the Michigan Secretary of State that the
township of ___________________________ has a population of 2,000 or more and
the township board has the right to exercise one of three options concerning status
as a charter township under the provisions of Public Act 359 of 1947, as amended:
1. Adopt by majority vote a resolution opposed to incorporation as a charter
township.
2. Adopt by majority vote a resolution of intent to approve incorporation as a charter
township.
3. Adopt by majority vote a resolution to place before the electorate at the next
regular or special township election the question of incorporation as a charter
township.
If Option 2 is adopted by the township board, the citizens of the township have the right
to file a “Right to Referendum Petition.” This petition must be filed within the 60 days
which must lapse between passage of a resolution of intent to incorporate and final
passage of the resolution to incorporate as a charter township.
The petition will follow, in general form, the nominating petition form as prescribed in
the Michigan Election Law [[MCL 168.488), and in the heading will indicate “Disagreement
of Intent to Incorporate as a Charter Township.” The petition must be signed by
not less than 10% of the registered voters of the township based on the vote cast for
all candidates for supervisor at the last election at which a supervisor was elected.
If the petition is successful, the question of incorporation will be placed on the ballot at the next general or special township election.
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General Law or Charter Township? / MTA, February 2005 Page 9 of 13
Resolution of Intent to Become a Charter Township
_______________ Township
__________ County, Michigan
WHEREAS, the Township Clerk has been notified by the Secretary of State of the State of
Michigan that __________ Township has a population of 2,000 or more inhabitants, excluding
the population of any incorporated village, notice of which notification was duly published in the
as required by law, and
WHEREAS, under the provisions of 1976 PA 90, the Township is accordingly eligible to be
incorporated as a charter township by resolution of the Township Board of its intent to so
incorporate and a subsequent resolution of said Township Board at least 60 days after the
adoption of the first resolution to be incorporate, and
WHEREAS, if no petition for referendum on the question of such incorporation is received by the
Township Clerk signed by not less than 10 percent of the number of electors of the township
voting for Township Supervisor at the last election, said township shall be incorporated as a
charter township on the date of said second resolution.
NOW, THEREFORE, in consideration of the foregoing, IT IS HEREBY RESOLVED
NOW, THEREFORE, in consideration of the foregoing, IT IS HEREBY RESOLVED that the
Township Board does hereby declare its intent, by resolution to be adopted not less than 60 days
from the date hereof, to incorporate ___________ Township as a charter township unless the
aforesaid petition of this agreement to so incorporate is filed with the Township Clerk prior to the
passage of such final resolution.
Motion was made by ________________, seconded by ____________, to adopt the foregoing
resolution.
Upon roll call vote, the following voted “Aye”:
The following voted “Nay”:
The chairman declared the motion carried and the resolution duly adopted.
_______________________
Township Clerk
CERTIFICATE
The undersigned, being the duly elected and acting Clerk of the Township of _______ hereby
certifies that the foregoing resolution was duly adopted at a regular meeting of the Township
Board at which a quorum was present on the ___ day of _______, 20__, and that the members
voted thereon as hereinbefore set forth.
________________________
Township Clerk
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