[Ord. No. 235, 8-9-2012]
Pursuant to the authority conferred to the Township by Public Act 213 of 1957, as amended (MCL 399.171 et seq.), the Board of Trustees of the Township hereby adopts the following regulations and restrictions for creation and establishment of a Historical Commission, to provide for its appointment, prescribe its functions and to appropriate money for historical activities and projects for the public purpose of promoting and protecting the historic preservation of the Township. These regulations are designed to do one or more of the following:
(1) 
Safeguard the heritage of the Township by preserving one or more historic districts in the Township that reflect elements of the Township's history, architecture, archaeology, engineering, or culture;
(2) 
Stabilize and improve property values and the surrounding areas;
(3) 
Foster civic beauty;
(4) 
Strengthen the local economy; and
(5) 
Promote the use of historic districts for the education, pleasure, and welfare of the citizens of the Township and of the state.
[Ord. No. 235, 8-9-2012]
This chapter shall be known and may be cited as the "Historical Preservation of the Charter Township of Royal Oak."
[Ord. No. 235, 8-9-2012]
(1) 
This chapter and the various parts, sentences, paragraphs, sections and clauses it contains are hereby declared to severable. Should any part, sentence, paragraph, section or clause be adjudged unconstitutional or invalid by any court for any reason, such judgment shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
(2) 
Furthermore, should the application of any provision of this chapter to a particular property, building, or structure be adjudged invalid by any court, such judgments shall not affect the application of said provision to any other property, building, or structure in the Township, unless otherwise stated in the judgment.
[Ord. No. 235, 8-9-2012]
(1) 
Establishment. There is hereby created and established in and for the Township of Royal Oak a Commission hereafter to be known as the "Royal Oak Township Historical Commission."
(2) 
Membership. The Commission shall consist shall consist of not fewer than five nor more than seven members who shall be residents, landowners or business owners within the Township, a majority of whom shall have a clearly demonstrated interest in or knowledge of historic preservation. The members shall be appointed by the Township Supervisor. Members shall be appointed for three-year terms, except the initial appointments of some of the members shall be for less than three years so that the initial appointments are staggered and that subsequent appointments do not recur at the same time. Members shall be eligible for reappointment.
(3) 
Officers. The Commission shall elect from its membership a Chairperson, Vice Chairperson and Secretary at the first meeting each year. The Chairperson shall preside over the Commission and have the right to vote. The Vice Chairperson shall preside in the absence of the Chairperson. The Secretary shall keep an accurate record of the proceedings of the Commission.
(4) 
Bylaws, meetings and records.
(a) 
The Historical Commission shall adopt bylaws for the transaction of business. The Historical Commission shall hold a minimum of four regular meetings per year, and shall determine the time, place, and schedule of regular meetings by resolution.
(b) 
Unless otherwise provided in the Historical Commission bylaws, a special meeting may be called by the Chair or by two other members upon written request to the Secretary.
(c) 
All Historical Commission business shall be conducted at a public meeting held in compliance with the Open Meetings Act (Public Act 267 of 1976, as amended; MCL 15.261 et seq.). A majority of the Commission shall constitute a quorum for the transaction of its business.
(d) 
The Historical Commission shall keep a public record of its resolutions, transactions, findings, and determinations. At least one copy of all documents and materials in any format that are prepared, owned, used, in the possession of or retained by the Historical Commission in the performance of its official functions shall be placed on file at the Township offices per State of Michigan retention guidelines and made available to the public in compliance with the Freedom of Information Act (Public Act 442 of 1976, as amended; MCL 15.231 et seq.).
(5) 
Conflicts of interest. Before casting a vote on a matter on which a Historical Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Historical Commission. The member shall be disqualified from voting on the matter upon a concurring majority vote of the remaining members of the Historical Commission. Failure of a member to disclose a potential conflict of interest as required by this chapter constitutes malfeasance in office. For the purposes of this subsection, the Historical Commission shall define "conflict of interest" in the Historical Commission bylaws. The Board of Trustees may also adopt additional conflict of interest policies for the Township by resolution.
(6) 
Removal. The Board of Trustees may remove a member of the Historical Commission for misfeasance, malfeasance or nonfeasance in office upon written charges and after a hearing. Not less than 15 days before the date of the hearing, notice of the date, time, and place of the hearing shall be posted at the Township offices and mailed to the member subject to the hearing and to all other Historical Commissioners.
[Ord. No. 235, 8-9-2012]
The Historical Commission shall carry out the following duties and functions:
(1) 
Perform all of the functions assigned by federal law, state law or Township ordinances to the Historical Commission;
(2) 
Survey and study the entire Township, and shall from time to time obtain suggestions from the public by available means, including but not limited to public meetings or public hearings, requests for written suggestions, oral surveys and written surveys;
(3) 
Collect, arrange and preserve historical material, including books, pamphlets, maps, charts, manuscripts, papers, copies of domestic and foreign records and archives, paintings, photographs, statuary, and other objects and material illustrative of and relating to the history of the Township;
(4) 
Procure and preserve narratives of the early inhabitants, their exploits, perils, privations and achievements;
(5) 
Collect material of every description relative to the history, language, literature, and progress of the local African American community;
(6) 
Collect, prepare and display in the museum of the Historical Commission objects indicative of the life, customs, dress and resources of the early residents of the Township, and publish source materials and historical studies relative to and illustrative of the history of the Township;
(7) 
Further public interest in all matters relating to the history of the Township; and
(8) 
Initiate and participate in educational and research programs.
[Ord. No. 235, 8-9-2012]
(1) 
All donations of money or property, real or personal, shall be received by the Historical Commission as charitable contributions for public purposes pursuant to Internal Revenue Code Section 170(c) unless otherwise designated by the donor.
(2) 
All moneys collected or received by the Historical Commission from any source shall be paid forthwith to the Township Treasurer, and such moneys shall be used only to offset and defray the expenses of the Historical Commission. All moneys received by the Historical Commission shall be held for the exclusive use of the Historical Commission for public purposes.
[Ord. No. 235, 8-9-2012]
The Township Board may accept state or federal grants for historic preservation purposes, may apply to and participate in state and federal programs that benefit historic preservation, and may accept public or private gifts for historic preservation purposes. The Township Board may make the Historical Commission, a standing committee, or other agency its duly appointed agent to apply for and accept and administer grants, gifts, and program responsibilities.
[Ord. No. 235, 8-9-2012]
The Historical Commission shall file with the Township Treasurer quarterly financial reports giving the date of collection or receipt of all money, items and real and personal property collected or received by the Commission, and shall pay into the Township treasury all moneys so collected.
[Ord. No. 235, 8-9-2012]
The Historical Commission shall use volunteers to the maximum extent possible, to obtain information, to disseminate information, to observe historic buildings and historic neighborhoods, and to perform all of the functions of the Commission in the most effective way possible.
[Ord. No. 235, 8-9-2012]
Neither the Historical Commission nor any of its members shall incur any expense or create any obligation or liability upon the Township unless approved by the Township Board in advance.