These Articles of Incorporation are adopted and executed by the incorporating
units ("Units"), the City of Grand Rapids, the City of Kentwood,
the City of East Grand Rapids, the City of Grandville, the City of Rockford,
the City of Hudsonville, the City of Cedar Springs, Byron Township, Plainfield
Township, Alpine Township, Gaines Township, Kent County, the Village
of Sparta, Grand Rapids Township, Algoma Township, the City of Coopersville,
the City of Greenville, the City of Ionia, the City of Walker, Courtland
Township, City of Wayland, City of Newaygo, City of Plainwell, City of
Hastings, Village of Middleville, Tallmadge Township, Wayland Township,
Georgetown Township, Ottawa County, Caledonia Township, and Cannon Township
for the purpose of constituting a Metropolitan Council pursuant to the
provisions of Act No. 292 of the Michigan public acts of 1989 (the "Act").
Article I. Name. The name
of this Metropolitan Council shall be the Grand Valley Metropolitan Council
("Council").
Article II. Names of Original Incorporating
Units. The original incorporating units of government creating
the Council are identified as follows: the City of Grand Rapids, the
City of Kentwood, the City of East Grand Rapids, the City of Grandville,
the City of Rockford, the City of Hudsonville, the City of Wyoming,
Ada Township, Byron Township, Plainfield Township, Alpine Township,
Gaines Township, and Kent County.
Article III. Purpose. The purpose
of this Council is to, through the use of the powers authorized by the
Act, plan for the growth and development of the Council area, to maintain
and improve the quality of life and manage the growth of the Council
area, to provide services and promote the coordination and cooperation
of governmental services within the Council area and promote social well-being
in the Council area.
Article IV. Corporate Body; Council Area.
This Council shall be a body corporate with power to sue and be sued
in any court of this State and is an agency and instrumentality of the
State. The Council area shall be the geographic area of all Units which
are cities, townships, or villages ("Council Area").
Article V. Authority. This
Council is an authority under Section 6 of article IX of the 1963 Michigan
Constitution.
Article VI. Fiscal Year. The
fiscal year of this Council shall commence on the first day of October,
in each year, and end on the thirtieth day of the following September.
Article VII. Powers of Council.
The Council shall possess all powers which are authorized by the Act
unless restricted by these Articles or the Council's bylaws. This Council
shall possess all the powers necessary for carrying out the purposes
of its formation.
Members; Representation of Units. The Council shall
be composed of various individuals who shall be appointed to the Council
in the manner stated in these Articles ("Member"). Each Unit
shall appoint one (1) Member of the Council; provided, however, that
Units representing a population of over 50,000 and less than 100,000
may appoint up to two (2) Members of the Council, and Units representing
a population of over 100,000 may appoint up to three (3) Members of
the Council if those Units shall elect to appoint more than one Member
to the Council; and provided further, that with respect to certain
counties, the number of Members appointed to the Council shall be determined
as follows:
A county may elect, when it becomes a participating Unit, to
appoint the appropriate number of Members to the County, as stated
above, but determined on the basis of a designated population that
is less than the whole of the population of the county, in accordance
with the numbered subparagraphs of this subsection A.
A county shall be eligible for such alternate method of determining
the number of Members appointed only if the Council approves the
same, by majority vote of those Members present and voting.
For any such county, the population selected for the purpose
of determining the number of Members appointed by the county shall
be the entire population of specified cities, townships, or villages
within the county that are contiguous to the Council Area or to
another participating county, and that are so situated as not to
create islands within territory that is not part of the Council
Area or a participating county.
At any time after it has become a participating Unit, on the basis
of such alternate method of determining the number of appointed Members,
a county may alter the population used as a basis for determining the
number of its appointed Members, by adding other contiguous cities,
townships, or villages within the county to those previously comprising
the territory used for determination of population, consistent with
subparagraphs 1, 2, and 3 of this subsection A and upon approval of
the Council.
The legislative body of each Unit shall appoint its Member(s) in such
manner as it shall determine. A Member representing a Unit shall be
a member of the legislative body of the Unit or its chief administrative
officer; provided, however, that as to Units appointing more than one
Member, only one of such Members need be a member of the legislative
body of the Unit or its chief administrative officer. In the event
of a vacancy in the office of the Member representing a Unit, the legislative
body of the Unit shall fill the vacancy for the unexpired term. All
Units are encouraged to appoint their representatives in a fashion
which will promote a representative mix of all citizens from the Council
area.
All Members shall be citizens of the Council Area with the exception
of Members appointed by a county. Those Members must be citizens of
the county who appoints them, but need not be citizens of the Council
Area.
The Council may select at-large Members who shall serve as Members
of the Council. The Council may select up to one at-large Member for
each ten (10) Units; provided, however, that if the number of Units
divided by ten (10) is greater than a whole number, then the number
of at-large Members may be increased by one additional at-large Member
for each additional one-half (0.5) Unit greater than the whole number
(as, for example, three (3) at-large Members could be appointed if
the total number of Units is thirty-four (34); four (4) at-large Members
could be appointed if the total number of Units is thirty-five (35);
etc.). Each at-large Member shall be selected from the Council Area
and shall serve a term of two (2) years. Each at-large Member shall
have one (1) vote as stated in Subsection C of this Article.
The total number of weighted votes on the Council shall equal the
votes allocated among city, township, and village Members plus the
votes of any county Members plus any at-large Members.
Term of Member. Each Member shall be appointed for
a term of 2 years to coincide with the Council's fiscal year; provided,
however, that the terms of the Members first appointed to the Council
shall be staggered, in accordance with this Article. If two (2) Members
are first appointed by a Unit as provided in Article VIII, one of the
Members shall be appointed by the Unit for an initial term of one (1)
year and the other Member shall be appointed by the Unit for an initial
term of two (2) years. If three (3) Members are first appointed by
a Unit as provided in Article VIII, that Unit shall divide those Members'
terms to appoint one (1) Member for an initial term of one (1) year
and two Members for an initial term of two (2) years. The staggered
terms of all other Members shall be determined by random draw of the
Metropolitan Council as follows: One-half (½) of the Members shall
be appointed for an initial term of one (1) year and one-half (½) of
the Members shall be appointed to an initial term of two (2) years,
provided that if there is an odd number of Members, the number of Members
appointed to an initial term of one (1) year shall be one less than
the number of Members appointed to an initial term of two (2) years.
Each Member shall serve at the pleasure of the appointing Unit,
and each Member who is appointed at-large shall serve at the pleasure
of the Council, during the term for which the Member was appointed and
thereafter until a successor is appointed.
Voting.
Each Member shall cast a vote as stated in this Article.
The Member or Members representing a Unit shall have one vote for
each $1,000 or fraction thereof of the total amount of the annual
membership fee required to be paid by that Unit for the fiscal year
during which the vote of the Member or Members is cast.
If a Unit appoints two (2) Members, each of those Members shall
vote one-half of the total number of votes allotted to that Unit's
Members if both Members are present. If a Unit appoints three (3)
Members, each of those Members shall vote one-third of the total
number of votes allotted to that Unit's Members if all three Members
are present. If one (1) or two (2) of the Members representing a
Unit which appoints more than one Member are absent, the Member(s)
present at the meeting may cast all of the votes allocated to the
Member(s) of that Unit who are absent. In the event that one Member
is absent who represents a Unit which appoints three (3) Members,
then the two (2) Members present shall each vote one-half of the
absent Member's vote.
If a Member is not present at a meeting or, in the case of Units
who appoint two (2) or three (3) Members, if none of the Members
is present at a meeting, the votes of those Members shall not be
cast at the meeting.
Except as otherwise provided in these Articles, the Council shall
decide any motion or question by the majority vote of (1) the votes
of the Members in attendance, as such votes are determined by the
terms of this subsection C, and (2) the number of Members in attendance,
at any meeting at which a quorum is present.
Each at-large Member shall be entitled to cast one vote on matters
before the Council. The total number of votes on the Council shall
be increased to account for the votes of at-large Members appointed
to the Council.
Quorum. A quorum shall consist of at least one-half
(½) of the total number of Members and of the weighted votes of Members
as determined in accordance with Article VIII.A. and C.
Article IX. Council Meetings; Compensation.
The Council shall conduct an organizational meeting in October of each
year. The Council shall convene regular meetings at least once each month,
as may be provided in the Council's Bylaws. The Council or the Chairperson
may convene special meetings in accordance with the Council's Bylaws.
Members may be compensated for attendance at Council meetings and for
other designated services provided by the Member as shall be set forth
in the Bylaws. The Council may reimburse a Member for reasonable expenses
incurred in attending Council meetings and performing services designated
by the Council, as shall be set forth in the Bylaws.
Article X. Annual Membership Fees.
The Council may require each Unit to pay an annual membership fee as authorized
by the Act.
The annual membership fee shall be determined with reference to the
population of each Unit, with the amount of the fee being the product
of a stated monetary amount (the per capita amount) determined by the
Council, multiplied by the population of the Unit; provided, however,
that in the case of certain counties which appoint Members on the basis
of a population less than the entire county population, the relevant
population shall be as determined by the numbered subparagraphs of
subsection A of Article VIII. The per capita amount for each Unit shall
be determined annually by resolution adopted by the Council. The per
capita amount determined for a county may be different from that determined
for a city, township, or village.
The population data for calculation of the annual membership fee
shall be as determined by the most recent federal decennial census.
The annual membership fee shall be due and payable on October 1 of
each year. If Unit fails to pay its annual membership fee within sixty
(60) days of the due date, it shall be placed on inactive status in
accordance with Article XXI.
In addition to the annual membership fee stated above, the Council
may charge separate fees to a Unit for services it provides to the
Unit, and the Council may also charge fees for services to non-Member
Units.
The other provisions of this Article notwithstanding, the annual
membership fee payable by any Unit shall not exceed .2 mill times the
current state equalized valuation of all taxable real and personal
property within the Unit, or in the case of certain counties appointing
Members on the basis of a population less than that of the entire county,
the fee shall not exceed .2 mill times the current state equalized
valuation of all taxable real and personal property within the cities,
townships, and villages whose population is utilized to determine number
of Members appointed by that county. If the annual membership fee of
any Unit exceeds such amount, then the annual membership fee shall
be reduced so as to equal the amount determined by applying the limitation
stated in this subparagraph.
Article XI. Officers. The Council
shall, at its organizational meeting in October each year, elect a Chairperson,
Vice Chairperson, Secretary, and Treasurer for the ensuing fiscal year.
The Chairperson and Vice Chairperson shall be Members of the Council.
The Secretary and Treasurer are not required to be Members of the Council.
The duties of these officers shall be prescribed by the Council's Bylaws.
Each officer shall serve for the fiscal year for which the officer was
elected and thereafter until a successor is elected. Any of these officers
may be removed at any time without cause upon the affirmative vote of
two-thirds (2/3) of the total number of weighted votes of the Council.
Article XII. Executive Director.
Upon the recommendation of the Chairperson, the Council may appoint an
Executive Director, in accordance with such terms as it may prescribe,
to serve at the pleasure and under the supervision of the Council, as
the principal administrator for the Council. The Executive Director shall
have the powers and duties as provided in the Bylaws. The Executive Director
shall not be a Member of the Council.
Article XIII. Executive Committee.
An Executive Committee shall be established in accordance with this Article.
Membership. The Executive Committee shall consist
of the Chairperson, Vice Chairperson, Secretary and Treasurer of the
Council, the Executive Director (if appointed pursuant to Article XII)
and up to that number of other Members of the Council so that the total
number of Executive Committee members will equal in number up to one-third
of the total number of Units. Such other members of the Executive Committee
shall be selected by the Council at its initial meeting of each fiscal
year. The Secretary and Treasurer of the Council shall be voting members
of the Executive Committee only if they are Members of the Council.
The Executive Director shall be a non-voting member of the Executive
Committee.
Responsibilities. The Executive Committee shall:
Review matters which are proposed for the agenda by the Chairperson
and may offer recommendations to the Council with regard to the
items which are on each agenda;
Review and make recommendations on the proposed budget to be
approved by the Council for each fiscal year;
Review and make recommendations to the Council on the work, goals
and objectives presented to the Council by any standing committees,
and agencies which operate under the Council;
Undertake such other responsibilities as are delegated to the
Executive Committee by the Council.
The Executive Committee shall be empowered to take such actions
as are delegated to it by the Council and take such emergency actions
as may be necessary until a meeting of the Council can be convened.
In each instance, the actions of the Executive Committee shall be
ratified, modified or overruled by the Council at its next meeting
following the action of the Executive Committee.
Procedure. Procedures for convening meetings, voting
of the Executive Committee, and other matters pertaining to the functions
of the Executive Committee may be specified in the Bylaws.
Article XIV. Budget. The Executive
Director, or in the absence of an Executive Director, the Chairperson,
shall prepare a proposed annual budget. Following review and recommendation
by the Executive Committee, the Council shall, on or before October 1
of each year, adopt the annual budget.
Article XV. Standing Committees and Advisory
Committees. The Council may establish committees, including
standing committees of the Council and advisory committees, in accordance
with the Council's Bylaws.
Article XVI. Creation of Agencies.
The Council may establish such agencies as the Council shall deem appropriate
to carry out its functions. The method of establishing an agency and
delegating powers and responsibilities to an agency shall be set forth
in the Bylaws.
Article XVII. Bylaws. The Council
shall have the right to adopt and amend bylaws governing its procedure
and functions, provided that the bylaws are not in conflict with the
terms of these Articles, the Act, or any other applicable statute. Bylaws
shall be adopted and amended only upon a majority vote of: 1) the total
number of weighted votes of the Members of the Council, and 2) the Members
of the Council; except for Section II of the Bylaws, which may be amended
only by: 1) a majority vote of the weighted vote and a majority vote
of the Members as stated above, and 2) the approval of two-thirds (2/3)
of the legislative bodies of the Units who belong to the Council.
Article XVIII. Amendment of Articles
of Incorporation. These Articles may be amended upon approval
of a majority vote of: 1) the total number of weighted votes of the
Members of the Council, 2) the Members of the Council, and 3) the members
serving on the Legislative Bodies of the participating local governmental
Units, if a vote by such local Legislative Body members is required
by law.
Article XIX. Addition of Units.
A city, township, village or county may be added to the Council after
the Council's incorporation upon compliance with Sections 7 and 11 of
the Act and the amendment of these Articles of Incorporation to reflect
that addition. After a city, township, village or county has been added
to the Council, the Clerk of that Unit shall sign the Articles of Incorporation
as amended, in behalf of the Unit.
Article XX. Withdrawal of Units.
A Unit may withdraw from the Council, subject to the requirements of
the Act, upon delivery of written notice to the Council to become effective
at the end of the fiscal year, provided that the Council receives the
notice at least sixty (60) days before the end of its fiscal year. In
the event that the written notice of withdrawal is received by the Council
less than sixty (60) days before the end of the fiscal year in which
it is received, the withdrawal shall not become effective until the end
of the succeeding fiscal year and the Unit shall be liable for membership
fees for the succeeding fiscal year. No membership fees shall be returned
to any Unit in case of withdrawal. In the event of withdrawal, the Unit
shall remain liable for all of its financial obligations to the Council
or the Council's creditors.
Article XXI. Inactive Membership Status.
Any Unit which has not paid its annual dues within sixty (60) days of
the beginning of each fiscal year shall be delinquent. A delinquent Unit
shall be placed on inactive status, its Member(s) shall not be entitled
to vote, nor shall the Member nor the Member's vote be counted for quorum
or voting purposes, and the Council may prohibit those Members of an
inactive Unit from participating in debates or discussions of the Council
or on any agency operating under the Council's direction. The Unit's
inactive status shall be referred to the Executive Committee for appropriate
action. Inactive status shall remain until all fees, including any penalties
approved by the Council, are paid in full.
Article XXII.
Adoption. Upon original adoption of these Articles of Incorporation
by the legislative body of each Unit, such adoption shall be evidenced
by an endorsement on the Articles by the Clerk of that Unit as provided
below. Upon adoption by the Units, these Articles of Incorporation
shall be filed by the Clerk of the largest Unit with the Secretary
of State and the Clerk of each County in which a Unit is located.
As originally adopted (1990) and as amended by:
Amendment No. 1 - 11/19/92 Delete Taxation;
Wyoming Withdrawal
Amendment No. 2 - 5/6/93 Add Village of Sparta
Amendment No. 3 - 9/2/93 Not Approved
Amendment No. 4 - 12/2/93 Weighted Vote; Membership Fees; Ada Withdrawal
Amendment No. 5 - 1/6/94 Add Grand Rapids Township
Amendment No. 6 - Add Algoma Township
Amendment No. 7 - 5/4/95 Add City of Coopersville
Amendment No. 8 - 7/6/95 Add City of Greenville
Amendment No. 9 - 1/4/96 Add City of Ionia
Amendment No. 10 - 3/7/96 Add City of Walker
Amendment No. 11 - 3/7/96 Add Courtland Township
Amendment No. 12 - 7/8/96 Add City of Wayland
Amendment No. 13 - 2/6/97 Add City of Newaygo
Amendment No. 14 - 4/3/97 Add City of Plainwell
Amendment No. 15 - 6/5/97 Add City of Hastings
Amendment No. 16 - 7/3/97 Add Village of Middleville
Amendment No. 17 - 7/3/97 Add Tallmadge Township
Amendment No. 18 - 12/4/97 Add Wayland Township
Amendment No. 19 - 3/5/98 Add Georgetown Township
Amendment No. 20 - 7/2/98 Allow for Partial Membership
Amendment No. 21 - 10/1/98 Add Ottawa County
Amendment No. 22 - 10/7/99 Add Caledonia Township
Amendment No. 23 - 11/4/99 Add Cannon Township
Amendment No. 24 - 2/3/00 Provide for Number of Executive Committee and
At-Large Members; Clarify "Council Area"
Amendment No. 25 - 3/1/01 Add Sparta Township
Amendment No. 26 - 4/9/01 Allow City of Newaygo to Withdrawl
Amendment No. 27 - 5/3/01 Add Jamestown Township
Amendment No. 28 - Withdrawl of Plainwell
Amendment No. 29 - Add Allegan Township
Amendment No. 30 - Add Cascade Township
Amendment No. 31 - 12/5/02
Wayland Township Withdrawl
Amendment No. 32 - Add City of Wyoming
