Bill Text: MI HB6488 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Townships: other; disincorporation of a township; provide for. Amends title of 1851 PA 156 (MCL 46.1 - 46.32) & adds secs. 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y & 16z.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-11-10 - Bill Electronically Reproduced 11/10/2022 [HB6488 Detail]
Download: Michigan-2021-HB6488-Introduced.html
HOUSE BILL NO. 6488
A bill to amend 1851 PA 156, entitled
"An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,"
(MCL 46.1 to 46.32) by amending the title and by adding sections 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, and 16z.
the people of the state of michigan enact:
An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative, and legislative powers; to provide for the disincorporation of a township into a county; and to prescribe penalties for the violation of the provisions of this act.
Sec. 16m. (1) To initiate the disincorporation of a township, a petition signed by not less than 15% of the registered electors of the township requesting a vote on the question of whether the township shall disincorporate must be filed with the township clerk.
(2) A petition filed under this section must designate the county into which the township is proposed to be disincorporated. A township must be disincorporated into the county in which it is located.
(3) Not more than 14 days after a petition is filed under this section, the township clerk shall verify the signatures and determine the sufficiency of the petition. Unless the township board proceeds under sections 16p to 16z, if the township clerk determines that the petition is sufficient, the question of the disincorporation of the township must appear on the ballot at the next general or special election to be held in both the township and the county, subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The township clerk shall prepare the ballot language in substantially the following form:
"Shall incorporation of the township of ______________ be vacated?
( ) Yes
( ) No".
(4) The county election commission of the county into which the township is proposed to be disincorporated shall provide ballots for the election.
(5) The clerk and election officials of the cities and townships located in the county into which the township is proposed to be disincorporated shall conduct the election on the proposed disincorporation.
(6) The results of the election on the proposed disincorporation must be canvassed by the board of county canvassers of the county into which the township is proposed to be disincorporated.
(7) The disincorporation of the township takes place under this section only if a majority of each of the following votes cast on the question of the proposed disincorporation are in favor of disincorporation:
(a) The votes cast by the electors of the township.
(b) The votes cast by the electors of the county into which the township is proposed to be disincorporated, excluding votes cast by residents of the township.
(8) If the disincorporation is approved, the township board shall immediately cause a transcript of all the proceedings in the case to be certified to both of the following:
(a) The county clerk of the county into which the township is to be disincorporated.
(b) The secretary of state.
Sec. 16n. Upon receiving the transcript of the proceedings in submitting to a vote of the electors the question of vacating the incorporation of any township as provided in section 16m, the county clerk shall submit the transcript to the county board of commissioners. The county board of commissioners shall, at its next regular annual meeting, pass a resolution vacating the incorporation of the township.
Sec. 16o. (1) Upon the vacation of the incorporation of any township under sections 16m and 16n, the officers of the township shall immediately deposit all books, papers, records, and files relating to the organization of or belonging to the township that are in the custody of the township officers with the county clerk of the county into which the township is disincorporated. The indebtedness of the vacated township, whether bonded or otherwise, must be assessed, levied, and collected upon the territory embraced within the boundaries of the township immediately before the vacation. The county shall levy upon the assessment roll or rolls of the township upon the property formerly embraced within the limits of the township, the indebtedness of the township. This levy must be made not more than 1 year after the date that the township incorporation is vacated. However, if the indebtedness falls due at a specific time, an assessment must be made that will satisfy the indebtedness when it falls due.
(2) The taxes assessed and levied under subsection (1) must be collected the same as other taxes and must be placed in a separate fund and applied to the payment of the indebtedness. The manner of the payment of indebtedness must be fixed by resolution of the county board of commissioners.
Sec. 16p. Not later than the next meeting of the township board held after the clerk verifies the petition signatures and determines the sufficiency of the petition under section 16m, the township board may by resolution elect to proceed under this section and sections 16q to 16z.
Sec. 16q. (1) A disincorporation commission shall be composed of 3 members representing the county into which the township is proposed to be disincorporated and 3 members representing the township to be disincorporated.
(2) The township supervisor, with the approval of the township board, shall appoint the members representing the township. The county board of commissioners of the county into which the township is to be disincorporated shall appoint the members representing the county.
(3) Disincorporation commission members may be county or township officials.
Sec. 16r. (1) An individual appointed to the disincorporation commission shall take the constitutional oath of office.
(2) A vacancy in the disincorporation commission is created in the manner as provided in section 3 of 1846 RS 15, MCL 201.3.
(3) If a member of a disincorporation commission vacates office, the vacancy must be filled by appointment in the same manner as provided in section 16q.
Sec. 16s. (1) The supervisor of the township shall appoint 1 of the township members as chairperson of the disincorporation commission.
(2) The township clerk shall call the first meeting of the disincorporation commission and shall serve as secretary of the commission and keep its minutes and records.
(3) At its first meeting, the disincorporation commission shall elect those other officers the commission considers necessary.
(4) The disincorporation commission shall adopt bylaws to govern the conduct of its business.
(5) A majority of the members of the disincorporation commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members are required for official action of the disincorporation commission.
(6) The disincorporation commission shall conduct its business at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) A writing prepared, owned, used, in possession of, or retained by the disincorporation commission in performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 16t. (1) The disincorporation commission may contract for any consultants and advisors as may be reasonably necessary in its discretion to carry out its responsibilities.
(2) The township board shall appropriate for the disincorporation commission sufficient money for the commission to reasonably carry out its responsibilities.
(3) The disincorporation commission may accept any private or public funding.
Sec. 16u. (1) The disincorporation commission may adopt a disincorporation plan for the township. Adoption of a disincorporation plan requires the affirmative vote of 2/3 of the members representing the township and 2/3 of the members representing the county on the disincorporation commission.
(2) The disincorporation plan must provide an orderly process for disincorporation of the township. The disincorporation plan must include all of the following elements:
(a) An interim land use plan and interim zoning of the property within the limits of the township.
(b) Provision for payment of all indebtedness of the township, including any outstanding judgments, or judgments that may result from pending or future litigation in which the township may become a party.
(c) Disposition of real and personal property and other assets, including funds, deposits, and investments.
(d) Disposition of all public records of the township in accordance with a records retention plan as provided by law, including files, books, and papers.
(e) Transfer or termination of employees, and contracts of employment, and disposition of employee benefits, including retirement, health and life insurance, unemployment compensation, accrued sick leave and vacation leave, and any other benefits.
(f) Jurisdiction over any streets, roads, bridges, alleys, sidewalks, and any public easements in the township, and for the maintenance and repair of those streets, roads, bridges, alleys, sidewalks, and public easements, including streetlights and snow removal.
(g) Jurisdiction over traffic control and traffic control devices.
(h) Provision for any special assessments or special assessment districts within the township, including, but not limited to, street maintenance, street sweeping, and private road service.
(i) The transfer or termination of public utilities and public services of the township, including, but not limited to, water, sewer, drainage, cable television, street lighting, electric service, and garbage and refuse service.
(j) Regulation or orderly transfer of responsibility for any special districts, including, but not limited to, established historic districts, downtown development districts, tax increment financing districts, and land subject to any land transfer agreements.
(k) Provision for any authorities that the township has established or in which the township is a member.
(l) Findings as to the fiscal impact of dissolution upon the county into which the township is proposed to be disincorporated and the residents of the township, including the estimated revenues gained by the county and losses to any municipality from property taxes and from state revenue sharing and from gas and weight revenues distributed by this state to the township and the county into which the township is proposed to be disincorporated.
(m) A process for the resolution of any dispute that may arise over the implementation of the plan, if adopted, and the procedure that a party to any such dispute may utilize for this process.
(3) The disincorporation commission may make findings as to the effect of disincorporation upon collateral matters, including, but not limited to, property values, public service levels and costs, and local property tax rates.
Sec. 16v. A disincorporation plan adopted under section 16u must be submitted to the township board and to the county board of commissioners of the county into which the township is proposed to be disincorporated. The township board and the county board of commissioners may ratify the disincorporation plan. If the township board and the county board of commissioners ratify the plan, the question of disincorporation pursuant to the plan must be placed on the ballot pursuant to section 16w. If the township board or the county board of commissioners fails to ratify the disincorporation plan, the question of disincorporation must be submitted to the electorate as described in section 16m not more than 1 year after the date the disincorporation petition was filed under section 16m.
Sec. 16w. (1) If the disincorporation plan is ratified under section 16v, the clerk of the disincorporation commission shall prepare and certify to the county clerk of the county in which the township is proposed to be disincorporated ballot language describing the proposed disincorporation and that includes the following in substantially the following form:
"Shall the township of ____________________ be disincorporated pursuant to the plan adopted by the disincorporation commission?
( ) Yes
( ) No".
(2) The clerk of the disincorporation commission shall certify the proposed disincorporation for inclusion on the ballot at the next general election, the state primary immediately before the general election, or a special election not occurring within 45 days of a state primary or a general election, as specified by the clerk of the disincorporation commission. However, the clerk of the disincorporation commission shall not certify the proposed disincorporation for inclusion on the ballot at either of the following:
(a) An election to be held less than 60 days after the date of certification.
(b) An election to be held more than 1 year after the township clerk verifies the petition signatures and determines that the petition is sufficient under section 16m.
(3) If a special election is requested by the clerk of the disincorporation commission, the county clerk of the county into which the township is proposed to be disincorporated shall schedule the election in compliance with section 641 of the Michigan election law, 1954 PA 116, MCL 168.641. The proposal must be submitted to the qualified and registered electors residing in the township and the county into which the township is proposed to be disincorporated at that election.
(4) If a disincorporation commission fails to adopt a plan under section 16u or the clerk of the disincorporation commission does not certify the proposed disincorporation for inclusion on the ballot under this section, the question of disincorporation must be submitted to the electors described in section 16m not more than 1 year after the date the disincorporation petition was filed under section 16m.
Sec. 16x. (1) The proposed disincorporation is approved by the electors and takes place pursuant to the plan adopted under section 16u only if a majority of each of the following votes cast on the question of the proposed disincorporation are in favor of the disincorporation:
(a) The votes cast by the electors of the township.
(b) The votes cast by the electors of the county into which the township is proposed to be disincorporated, excluding votes cast by residents of the township.
(2) Unless the proposed disincorporation is approved as provided in subsection (1), the proposed disincorporation pursuant to a plan adopted under section 16u is disapproved by the electors and the township must not be disincorporated pursuant to the plan.
Sec. 16y. If an incorporated village is located within the boundaries of a township that becomes part of a county, the village continues to be an incorporated village within the boundaries of the county.
Sec. 16z. A new petition must not be filed under section 16m less than 2 years after the election if the disincorporation is disapproved by the electors at an election held under section 16m or 16w.
