Knowledgebase-Amending a Private Act Charter


Information Product

Title:Amending a Private Act Charter
Summary:MTAS was asked about the process of amending a private act charter.
Original Author:Shechter, Leslie
Co-Author:
Product Create Date:02/13/92
Last Reviewed on::01/15/2010
Subject:Charters--City
Type:Legal Opinion
Legal Opinion:

Reference Documents:

Text of Document: February 13, 1992

You asked about the process of amending a private act charter and a copy of a model resolution requesting such an amendment. We suggest the following process:

(1) The governing body pass a resolution in substantially the form as the enclosed resolution. The resolution should pass by a two-thirds majority because this same vote will be required to enact the private act change.

(2) Upon passage of the resolution the municipality contacts their legislator who sends the resolution to Legislative Services to be put in the correct bill form.

(3) The private act amending the charter is passed and returned to the municipality for local approval by either a vote of the governing body or a referendum election.

I believe the sample resolution enclosed should help you develop the private act amendment being requested. If you need additional assistance on this or any other matter, please call.

Sincerely,

Leslie Shechter
Legal Consultant

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.