by Kay Schten McAdam, Editor
The Marcellus Township Board was presented a “What if?” scenario at the regular meeting of January 21.
Residents in attendance asked a simple, but revealing question, “What do we do from here to start a process to turn this all into a township and dissolve the Village?”
The dissatisfaction of many Village residents and business owners was not unknown to the Board prior to the meeting. According to Township Supervisor Ed Koshar, “I’ve had probably half a dozen calls on this subject, especially since the so-called beautification of our downtown.
“The township can’t do anything about this. It has to happen at the village level. The first thing that has to happen is a petition be signed by at least 15% of the electorate in the Village.”
The Board supplied the guests with a copy of Section 74.18a MCL – 3-1895-XIV, which enumerates the state defined steps to disincorporate a village [see below].
The Board was asked if the process was successful, “is this something the township would want?”
“I don’t think you’d get any rebuttal,” Koshar says. “I don’t know of any.”
Koshar offered questions pertaining to current Village revenue sources that need to be addressed and advised that “you just have to do it one step at a time.”
“We want to be as transparent as we can possibly be,” Koshar says. “I think this gives you a start and you can talk to me any time you want. I wish I had more for you than that. We’re just as upset about what’s going on. I think if there’s a will, there’s a way.”
The conversation concluded with an attendee stating, “If this is an option we can pursue, I have a feeling once this gets in the right hands, all these boxes will be checked.”
The Marcellus Township Board meets the third Tuesday of each month at 6:00pm in the Township Hall, 13163 Marcellus Hwy, Marcellus, MI 49067.
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THE GENERAL LAW VILLAGE ACT (EXCERPT)
Act 3 of 1895
74.18a Disincorporation of village; procedure.
Sec. 18a. (1) To initiate the disincorporation of a village, a petition signed by not less than 15% of the registered electors of the village requesting a vote on the question of whether the village shall disincorporate shall be filed with the township clerk.
(2) A petition shall designate the township or townships into which the village is proposed to be disincorporated. A village shall be disincorporated into the township or townships in which it is located, along existing township boundaries.
(3) After the petition is filed with the township clerk a petition affecting the village shall not be filed with the state boundary commission and a petition requesting disincorporation of the village into a different township shall not be filed under this act until the disincorporation process provided for by this act has concluded.
(4) Not more than 14 days after the petition is filed, the township clerk shall verify the signatures and determine the sufficiency of the petition. Unless the council proceeds under sections 23 to 23i of this chapter, if the clerk determines that the petition is sufficient, the question of the disincorporation of the village shall appear on the ballot at the next general or special election to be held in the village, 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 village of be vacated?
( ) Yes
( ) No”.
(5) The county election commission of the county in which the greatest number of electors of the village reside shall provide ballots for the election.
(6) The clerk and election officials of each township into which the village is proposed to be disincorporated shall conduct the election on the proposed disincorporation in the village and the portions of the township outside the boundaries of the village, respectively.
(7) If the election on the proposed disincorporation is to be held in conjunction with a general election or a state primary election immediately before a general election, the notices of close of registration and election shall be published as provided for by the state election laws. Otherwise, the county clerk of the county in which the greatest number of electors of the village reside shall publish the notices of close of registration and election. The notice of close of registration shall include the ballot language of the proposal.
(8) The results of the election on the proposed disincorporation shall be canvassed by the board of county canvassers of the county in which the village is located.
(9) The disincorporation of the village shall take place under this section only if 2/3 of the electors voting on the questions vote “yes”. If the disincorporation is approved, the council 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 in which the village or the principal part of the village is located.
(b) The secretary of state.
History: Add. 1988, Act 33, Imd. Eff. Feb. 25, 1988;-Am. 1998, Act 254, Imd. Eff. July 13, 1998;-Am. 2003, Act 305, Eff. Jan. 1, 2005;-Am. 2013, Act 52, Imd. Eff. June 11, 2013.
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