[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6241 August 7, 1984 TOWNSHIPS, CHARTER: Special assessments for emergency preparedness-natural disaster alert system A charter township may not legally assess property owners on a special assessment basis for the cost of an emergency preparedness-natural disaster alert system. Honorable John Bennett State Representative The Capitol Lansing, MI You have requested my opinion whether a charter township may assess property owners for the cost of an emergency preparedness-natural disaster alert system by approving a special assessment proposal to be placed before the electors of the township. The Emergency Preparedness Act, 1976 PA 390; MCLA 30.401 et seq; MSA 4.824(11) et seq, is an Act providing for the protection and recovery from disasters within the state. Under section 10 of the Emergency Preparedness Act, supra, a charter township has the power and authority to appropriate and expend funds, make contracts, and obtain and distribute equipment, materials and supplies for disaster purposes. 1976 PA 390, supra, Sec. 17(2), (3) and (5), provides: '(2) This act shall not be construed to interfere with the dissemination of news or comment on public affairs. However, any communications facility or organization, including radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster.' '(3) This act shall not be construed to affect the jurisdiction or responsibilities of law enforcement agencies, fire fighting forces, and units or personnel of the armed forces of the United States when on active duty. However, state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies.' '(5) This act shall not be construed to relieve any state or local official, department head, or agency of its normal responsibilities.' By law, townships in Michigan are authorized to establish special assessments for police or fire protection and to fund the same with voted special assessments. Examples of such statutes are 1951 PA 181; MCLA 41.851 et seq; MSA 5.2640(31) et seq, Secs. 1 and 3, relating to the maintenance of police departments and the purchase of motor vehicles, apparatus and equipment, and 1951 PA 33; MCLA 41.801 et seq; MSA 5.2640(1) et seq, Secs. 1 and 3, relating to the operation and maintenance of a fire department and authorizing the purchase of fire extinguishing apparatus and equipment, as well as authorizing contracting for fire protection. There is no statutory authorization for a special assessment to be levied by a charter township to fund a natural disaster alert system. It is my opinion, therefore, that a charter township may not legally assess property owners on a special assessment basis for the cost of an emergency preparedness-natural disaster alert system. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]