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1 chapters · 46 sections in this title.
Mich. Comp. Laws § 42.1 Short title; charter townships; incorporation; powers, privileges, immunities and liabilities; petition; special census; expenses.
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Sec. 1. (1) This act shall be known and may be cited as “the charter township act”. (2) A township, having a population of 2,000 or more inhabitants according to the most recent regular or special federal or state census of the inhabitants of the township may incorporate as a cha…
Mich. Comp. Laws § 42.10 Township superintendent; appointment; delegation of powers and duties of township supervisor.
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Sec. 10. The township board in each charter township shall have power to appoint a township superintendent and may delegate to him any or all of the following functions and duties which functions and duties, unless so delegated, shall be exercised by the supervisor: (a) To see th…
Mich. Comp. Laws § 42.10a Township manager; employment; service; duties.
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Sec. 10a. If a township has not appointed a township superintendent under section 10, the township board may employ a township manager who shall serve at the pleasure of the township board and perform such duties lawfully delegated to the manager by the township board. The duties…
Mich. Comp. Laws § 42.11 Township superintendent; tenure; qualifications; residency requirements; waiver.
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Sec. 11. (1) The township superintendent shall hold office at the pleasure of the township board and shall be selected by the township board on the basis of training and ability alone, without regard to his or her political or religious preference. (2) An individual who is not a …
Mich. Comp. Laws § 42.11a Township assessors; appointment, powers and duties, compensation.
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Sec. 11a. In any charter township, in addition to the supervisor, the charter township board may provide for the appointment of assessors, not exceeding 2, for such charter township. Such assessors, when appointed, shall be clothed with all the powers and duties of supervisors in…
Mich. Comp. Laws § 42.12 Township police force; establishment; township marshal, appointment; rules; policemen, powers and duties.
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Sec. 12. The township board in each charter township may provide for and establish a police force and authorize the supervisor, or the township superintendent if one has been appointed, to appoint, subject to the approval of the said board, a township marshal and such other polic…
Mich. Comp. Laws § 42.13 Township fire department; establishment; township fire chief, appointment; rules and regulations; refusal to aid at fire, penalty.
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Sec. 13. The township board in each charter township shall have power to provide for and establish and maintain a fire department and authorize the supervisor, or the township superintendent if one has been appointed, to appoint, subject to the approval of the said board, a towns…
Mich. Comp. Laws § 42.13a Free public library; establishment or reestablishment and maintenance; conditions; ordinance; resolution; board of directors; appointment of library advisory committee; rules and regulations; state aid.
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Sec. 13a. (1) The township board of a charter township may do either of the following: (a) Establish and maintain a free public library if the charter township is in a county with a population of more than 750,000 but less than 2,000,000 and has not been located within the servic…
Mich. Comp. Laws § 42.14 Charter township; power to acquire property; approval of electors.
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Sec. 14. Each charter township shall have power to acquire property for public purposes by purchase, gift, condemnation, lease, construction, or otherwise, and to maintain and operate public buildings, parks, and facilities needed in the performance of the powers and functions, e…
Mich. Comp. Laws § 42.14a Bonds for public improvements; issuance; approval required; exceptions; limitation on net indebtedness; computation of net indebtedness; bonds subject to MCL 141.2101 to 141.2821; computation of net indebtedness.
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Sec. 14a. (1) The township may borrow money and issue bonds on the credit of the township for the purpose of constructing or otherwise acquiring a public improvement that the township is authorized to construct or otherwise acquire by law. (2) Bonds must not be issued, except spe…
Mich. Comp. Laws § 42.15 Ordinances to provide for peace, health, and safety; licenses, granting, fees, bonds.
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Sec. 15. (1) The township board of any charter township may enact ordinances considered necessary to provide for the public peace and health and for the safety of persons and property in the charter township, and may, except as otherwise provided in subsection (2), by ordinance p…
Mich. Comp. Laws § 42.16 Streets, alleys, bridges and public places; regulation of use; record of ordinances, filing.
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Sec. 16. Except insofar as limited by state law and the provisions of this act, the township board shall have power to establish and vacate and use, and to control and regulate the use of the streets, alleys, bridges, and public places of the township and the space above and bene…
Mich. Comp. Laws § 42.17 Construction of buildings; powers and liabilities of charter townships as to public health and safety.
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Sec. 17. Charter townships shall have and possess and may exercise the same powers and shall be subject to the same liabilities as are possessed by cities to regulate the construction of buildings for the preservation of public health and safety, to regulate the conduct of busine…
Mich. Comp. Laws § 42.18 Joint action with other governmental unit or agency.
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Sec. 18. Each charter township may join with any governmental unit or agency, or with any number or combination thereof, by contract or otherwise as may be permitted by law, to perform jointly, or by one or more, for or on behalf of the other or others, any power or duty which is…
Mich. Comp. Laws § 42.19 Ordinances, resolutions, rules and regulations of former township; continuation.
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Sec. 19. All ordinances, resolutions, rules, and regulations of a charter township which were in effect at the time such township became a charter township and which are not inconsistent with the laws of the state applicable to charter townships shall continue in full force as th…
Mich. Comp. Laws § 42.1a Emergency financial manager; authority and responsibilities.
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Sec. 1a. Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect t…
Mich. Comp. Laws § 42.1b Minimum staffing requirement; adoption of ordinance prohibited.
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Sec. 1b. Beginning on the effective date of the amendatory act that added this section, a charter township shall not adopt an ordinance that includes any minimum staffing requirement for charter township employees. Except as otherwise provided in this section, any provision in an…
Mich. Comp. Laws § 42.2 Incorporation; referendum; ballot, form and content; filing of petition or resolution by township clerk; finality of proceedings; term of incumbent officers; disincorporation.
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Sec. 2. Any eligible township shall become a charter township when the inhabitants thereof shall, by a majority vote of the electors thereof, voting on such proposition, declare in favor thereof at any general or special election at which the proposition to incorporate as a chart…
Mich. Comp. Laws § 42.20 Legislation to be ordinance or resolution; form, passage, amendment, recording, authentication, and compilation of ordinances.
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Sec. 20. (1) Legislation of a charter township shall be by ordinance or by resolution. A resolution shall be limited to matters required or permitted to be done by resolution by this act or by state or federal law and to matters pertaining to the internal affairs or concerns of t…
Mich. Comp. Laws § 42.21 Violation of ordinances; sanction; designation as civil infraction; act or omission constituting crime; penalty; distribution of fines.
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Sec. 21. (1) The township board shall provide in each ordinance a sanction for violation of the ordinance. (2) Consistent with any of the following statutes, the township board may adopt an ordinance that designates a violation of the ordinance as a civil infraction and provides …
Mich. Comp. Laws § 42.21a Police officers; right to pursue, arrest, and detain person outside of charter township limits.
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Sec. 21a. If a person has committed a civil infraction violation under the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, within a charter township, or has committed or is suspected of having committed…
Mich. Comp. Laws § 42.21b Police officer or constable; authority to execute bench warrant.
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Sec. 21b. A police officer of a charter township or, if authorized by the township board, a constable of a charter township has the same authority within the charter township as a deputy sheriff to execute a bench warrant for arrest issued by a court of record or a municipal cour…
Mich. Comp. Laws § 42.21c Regulation of recreational trailway; posting of ordinance; violation as municipal civil infraction; penalty.
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Sec. 21c. (1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the trailway. (2) The operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by an…
Mich. Comp. Laws § 42.22 Ordinance; publication; effective date; publication of summary or true copy; catch lines required; drafting of summary.
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Sec. 22. An ordinance passed by a township board shall be published at least once. An ordinance is effective immediately upon its publication, unless a date upon which the ordinance shall become effective, which is subsequent to the date of the publication of the ordinance, is sp…
Mich. Comp. Laws § 42.23 State law or standard code; adoption as township ordinance by citation; publication, distribution, charge.
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Sec. 23. The township board may adopt any provision of state law or any detailed technical regulations as a township ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial: Provided, That any such provi…
Mich. Comp. Laws § 42.24 Submission of itemized estimates of anticipated expenditures; preparation and submission of budget proposal; time.
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Sec. 24. On or before 150 days prior to the commencement of the fiscal year, each township officer shall submit to the supervisor, or to the township superintendent if such officer has been appointed, an itemized estimate of the anticipated expenditures of the township for the ne…
Mich. Comp. Laws § 42.25 Budget proposal; contents; commencement of fiscal year.
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Sec. 25. The budget proposal shall present a complete financial plan for the ensuing fiscal year, which shall commence on January 1 of each year and end on the following December 31, or in the alternative shall commence on April 1 of each year and end on the following March 31. I…
Mich. Comp. Laws § 42.26 Budget; notice, public hearing, prior public inspection.
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Sec. 26. A public hearing on the budget shall be held before its final adoption, at such time and place as the township board shall direct, and notice of such public hearing shall be published at least 1 week in advance by the township clerk. A copy of the proposed budget shall b…
Mich. Comp. Laws § 42.27 Adoption of budget by township board; resolution; appropriation; tax levy; limitation; separate appropriation for fire and police departments; tax collection; interim budget.
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Sec. 27. (1) Except as otherwise provided by this subsection, prior to the commencement of the fiscal year, the township board shall, by resolution, adopt the budget for the next fiscal year, make an appropriation of the money needed for township purposes, and provide for a levy …
Mich. Comp. Laws § 42.28 Budget or supplemental appropriations; expenditure, restrictions; unencumbered balances, transfer, reappropriation.
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Sec. 28. No money shall be drawn from the treasury of the township nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriation, or pursuant to any supplemental appropriation which may be made from surplus received. The township b…
Mich. Comp. Laws § 42.29 Quarterly statement of estimated and actual income and expenses; submission by supervisor to township board; reduction of appropriations, exceptions.
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Sec. 29. At the beginning of each quarterly period during the fiscal year, and more often if required by the township board, the supervisor or the township superintendent, as the case may be, shall submit to the township board data showing the relation between the estimated and a…
Mich. Comp. Laws § 42.2a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
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Sec. 2a. A petition under section 3, 3a, 4, 6a, or 34(5), including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.…
Mich. Comp. Laws § 42.3 Incorporation; submission of proposition to electors, time; petitions, verification of signatures.
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Sec. 3. The proposition to incorporate as a charter township shall be submitted at the next general or at a special election in the event that, on or before August 30, or, in the event of a special election, not less than 60 days, preceding such election, the township board shall…
Mich. Comp. Laws § 42.30 Annual audit of accounts; results, filing, public inspection; annual report of township business.
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Sec. 30. An independent audit shall be made of all accounts of the township government at least annually and more frequently if deemed necessary by the township board. Such audit shall be made by qualified accountants experienced in municipal accounting. The results of such audit…
Mich. Comp. Laws § 42.31 Local or public improvements; approval; determination of necessity; special assessments; bonds.
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Sec. 31. Each charter township may make local or public improvements by paving streets that are not a part of the county highway system, laying curbs and gutters, installing elevated structures for foot travel over highways within the township with the written approval of the dir…
Mich. Comp. Laws § 42.32 Succession to properties of former township; suits or prosecutions, debts and liabilities, uncollected taxes and assessments.
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Sec. 32. All charter townships created under the provisions of this act shall succeed to and be vested with all the property, real and personal, moneys, rights, credits and effects, and of all records, files, books and papers belonging to such township as it formerly existed, and…
Mich. Comp. Laws § 42.33 Liberal construction of act.
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Sec. 33. The provisions of this act shall be liberally construed in the interest of the public health and welfare and the safety of persons and property within such townships as shall incorporate under the provisions of this act.
Mich. Comp. Laws § 42.34 Exemption of charter township from annexation to contiguous city or village; exceptions.
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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…
Mich. Comp. Laws § 42.3a Notice to clerk of township not incorporated as charter township; resolution of township board; notice of right to referendum; petition; signatures; submitting question of incorporation at general or special election; wording of ballot.
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Sec. 3a. (1) Within 30 days after the effective date of this 1984 amendatory act and after each regular or special federal or state census, the secretary of state shall notify the clerk of a township which is not incorporated as a charter township pursuant to this act and which h…
Mich. Comp. Laws § 42.4 Nomination of candidates for township office; conducting primary election; duties of township clerk; duties and composition of board of township election commissioners.
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Sec. 4. Candidates for township office in charter townships shall be nominated at the general primary election held in the township before each general election at which township officers are to be elected. The primary election shall be conducted, as near as may be, pursuant to t…
Mich. Comp. Laws § 42.5 Township board; election of members; powers and duties; supervisor as presiding and executive officer; authentication of instruments; president pro tem; clerk; record of proceedings; temporary clerk.
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Sec. 5. (1) Except as otherwise provided in this act, all legislative authority and powers of each charter township shall be vested in and shall be exercised and determined by a township board of 7 members composed of the supervisor, the township clerk, the township treasurer, an…
Mich. Comp. Laws § 42.6 Charter township board; compensation and expenses of members.
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Sec. 6. A trustee may receive, in addition to other emoluments provided by law for his service to the township, a sum per meeting of the board actually attended by him, as established by the township board to be paid upon authorization of the township board. The supervisor, the t…
Mich. Comp. Laws § 42.6a Ordinance establishing procedure for determining salary of elected official; contents; conducting business at public meeting; public notice; resolution implementing ordinance; petition for referendum; change of procedure; decreasing salary of elected township official.
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Sec. 6a. (1) In place of the procedure in section 6 for determining the salary of each elected official, the township board may establish by ordinance the procedure described in this section. The ordinance shall provide the following: (a) A local officials compensation commission…
Mich. Comp. Laws § 42.7 Township board; meetings; conducting business at public meeting; notice of meeting; transacting business at special meeting; quorum; adjournment; rules and order of business; journal; voting; availability of certain writings to public; attendance and conduct at meetings; misconduct in office; sergeant-at-arms.
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Sec. 7. (1) The township board shall provide by resolution for the time, date, and place of the board's regular meetings, and shall hold at least 1 regular meeting each month. If a time set for the holding of a regular meeting of the township board is a holiday, then the regular …
Mich. Comp. Laws § 42.8 Charter township board; monthly publication of proceedings; notices and ordinances; posting.
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Sec. 8. (1) The proceedings of the township board shall be published at least once each month. A publication of a synopsis of the proceedings, prepared by the township clerk and approved by the supervisor, showing the substance of each separate proceeding of the board is in compl…
Mich. Comp. Laws § 42.9 Township officers; powers and duties; additional officers, limitations.
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Sec. 9. The township supervisor, township clerk, township treasurer, justices of the peace, and constables in each charter township shall have and perform the duties and functions required of such officers by state law. The township board may, by resolution, upon the recommendati…