reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4e - Public Property; Condemnation of Private Property; Permissible Charter Provisions.

117.4e Public property; condemnation of private property; permissible charter provisions.
Sec. 4e.
Each city may in its charter provide:
(1) For the acquisition by purchase, gift, condemnation, lease, construction or otherwise, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, of the following improvements including the necessary lands therefor, viz.: City hall, police stations, fire stations, boulevards, streets, alleys, public parks, recreation grounds, municipal camps, public grounds, zoological gardens, museums, libraries, airports, cemeteries, public wharves and landings upon navigable waters, levees and embankments, watch-houses, city prisons and work houses, penal farms, institutions, hospitals, quarantine grounds, electric light and power plants and systems, gas plants and systems, waterworks plants and systems, sewage disposal plants and systems, market houses and market places, office buildings for city officers and employees, public works, and public buildings of all kinds; and for the costs and expenses thereof;
(2) For the acquisition by purchase, gift, condemnation, lease or otherwise of private property, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, for any public use or purpose within the scope of its powers, whether herein specifically mentioned or not. If condemnation proceedings are resorted to for the acquisition of private property outside the corporate limits of such city, such condemnation proceedings may be brought under the provisions of Act No. 149 of the Public Acts of 1911, as amended or as may be amended, entitled "An act to provide for the condemnation by state agencies and public corporations of private property for the use or benefit of the public and to define the terms 'public corporations', 'state agencies' and 'private property' as used herein," being sections 353 to 373 inclusive of the Compiled Laws of 1915, or such other appropriate provisions therefor as exist or shall be made by law;
(3) For the maintenance, development, operation, of its property and upon the discontinuance thereof to lease, sell or dispose of the same subject to any restrictions placed thereupon by law: Provided, That on the sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire bonds issued for said utility.
History:
Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2235 ;-- CL 1948, 117.4e ;-- Am. 1949, Act 207, Eff. Sept. 23, 1949
Compiler's Notes:
For provisions of Act 149 of 1911, referred to in subdivision (2), see MCL 213.21 et seq.
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4h - Public Ways; Permissible Charter Provisions.

117.4h Public ways; permissible charter provisions.
Sec. 4-h.
Each city may in its charter provide:
(1) For the use, regulation, improvement and control of the surface of its streets, alleys and public ways, and of the space above and beneath them;
(2) For the use, by others than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owners thereof;
(3) For a plan of streets and alleys within and for a distance of not more than 3 miles beyond its limits;
(4) For the use, control and regulation of streams, waters and water courses within its boundaries, but not so as to conflict with the law or action thereunder where a navigable stream is bridged or dammed; or with riparian or littoral rights without their corporate limits;
(5) For securing by condemnation, by agreement or purchase, or by any other means, an easement in property abutting or adjacent to any navigable stream, for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable stream an elevated structure of 1 or more levels for use as vehicular or pedestrian passageway, or for any other municipal purpose;
(6) For the acquiring, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire by gift, purchase, condemnation or otherwise the land necessary therefor;
(7) For the acquiring, constructing, establishment, operation, extension and maintenance of facilities for the docking of pleasure water crafts and/or hydroplanes within its corporate limits, including the fixing and collection of charges for use thereof, and for such purpose or purposes to acquire by gift, purchase, condemnation or otherwise, the land necessary therefor.
History:
Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2238 ;-- Am. 1931, Act 295, Imd. Eff. June 8, 1931 ;-- CL 1948, 117.4h
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4j - City Departments; Special Acts; Municipal Powers; Permissible Charter Provisions.

117.4j City departments; special acts; municipal powers; permissible charter provisions.
Sec. 4-j.
Each city may in its charter provide:
(1) For the establishment of any department that it may deem necessary for the general welfare of the city, and for the separate incorporation thereof: Provided, however, That these provisions shall not be construed to extend to and include public schools;
(2) For altering, amending or repealing any special act affecting any municipal concerns or existing municipal department, but the department in control of the public schools shall not be construed to be a municipal department;
(3) For the exercise of all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated or not; for any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants and through its regularly constituted authority to pass all laws and ordinances relating to its municipal concerns subject to the constitution and general laws of this state.
History:
Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2240 ;-- CL 1948, 117.4j
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4k - Civic, Artistic, and Cultural Activities; Public Funds.

117.4k Civic, artistic, and cultural activities; public funds.
Sec. 4k.
Each city in its charter may provide for the appropriation and allocation of public funds to a public or private nonprofit institution engaged within the city in the provision of civic, artistic, and cultural activities, including but not limited to music, theater, dance, visual arts, literature and letters, architecture, architectural landscaping, and allied arts and crafts, to the general public.
History:
Add. 1978, Act 499, Imd. Eff. Dec. 11, 1978
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4l - Ordinance; Designation as Civil Infraction or Blight Violation; Civil Fine; Act or Omission Constituting Crime.

117.4l Ordinance; designation as civil infraction or blight violation; civil fine; act or omission constituting crime.
Sec. 4l.
(1) Consistent with any of the following statutes and whether or not authorized by the city charter, the legislative body of a city may adopt an ordinance that designates a violation of the ordinance as a civil infraction and provides a civil fine for that violation:
(a) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(b) 1969 PA 235, MCL 257.941 to 257.943.
(c) 1956 PA 62, MCL 257.951 to 257.955.
(2) Whether or not authorized by the city charter, the legislative body of a city may adopt an ordinance that designates a violation of the ordinance as a municipal civil infraction and provides a civil fine for that violation. An ordinance shall not designate a violation as a municipal civil infraction if that violation may be designated as a civil infraction under subsection (1). A statute may provide that a violation of a specific type of ordinance is a municipal civil infraction whether or not the ordinance designates the violation as a municipal civil infraction.
(3) An ordinance shall not make an act or omission a municipal civil infraction or a blight violation if that act or omission constitutes a crime under any of the following:
(a) Article 7 of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545.
(b) The Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568.
(c) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(d) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(e) Part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to 324.80199.
(f) The aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208.
(g) Part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82160.
(h) Part 811 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101 to 324.81150.
(i) Sections 351 to 365 of the railroad code of 1993, 1993 PA 354, MCL 462.351 to 462.365.
(j) Any law of this state under which the act or omission is punishable by imprisonment for more than 90 days.
(4) Whether or not authorized by the city charter, the legislative body of a city may adopt an ordinance that designates a violation of the ordinance as a blight violation and provides a civil fine and other sanctions for that violation consistent with section 4q. An ordinance shall not designate a violation as a blight violation if that violation may be designated a civil infraction under subsection (1). An ordinance shall not designate a violation as both a municipal civil infraction and a blight violation.
History:
Add. 1994, Act 17, Eff. May 1, 1994 ;-- Am. 1996, Act 44, Imd. Eff. Feb. 26, 1996 ;-- Am. 2003, Act 316, Imd. Eff. Jan. 12, 2004
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4m - Ordinance Regulating Recreational Trailway; Posting; Violation as Municipal Civil Infraction; Penalty.

117.4m Ordinance regulating recreational trailway; posting; violation as municipal civil infraction; penalty.
Sec. 4m.
(1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the trailway.
(2) The operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by an ordinance is a municipal civil infraction, whether or not so designated by the ordinance. A civil fine ordered for a municipal civil infraction described in this subsection shall not exceed the maximum amount of a fine provided by the ordinance or $500.00, whichever is less. An act or omission described in this subsection is not a municipal civil infraction if that act or omission constitutes a violation or crime that section 4 l prohibits an ordinance from designating as a municipal civil infraction.
History:
Add. 1994, Act 89, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4n - Medical Facility for Public Purpose; Establishment, Operation, or Maintenance by Private Nonprofit Corporation.

117.4n Medical facility for public purpose; establishment, operation, or maintenance by private nonprofit corporation.
Sec. 4n.
Each city may in its charter provide for the city or 1 or more of its public corporations to become a member or joint owner in an enterprise with a private nonprofit corporation to create a separate private nonprofit corporation that will establish, operate, or maintain a medical facility for a public purpose.
History:
Add. 1998, Act 445, Imd. Eff. Dec. 30, 1998
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4o - Formation of Nonprofit Corporation by City.

117.4o Formation of nonprofit corporation by city.
Sec. 4o.
(1) The legislative body of a city may by ordinance or resolution authorize the formation of a nonprofit corporation under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192. A nonprofit corporation formed under this section may be organized only for purposes that are valid public purposes for cities in this state.
(2) Except as otherwise provided in this subsection, a nonprofit corporation formed under subsection (1) is subject to all local, state, and federal laws or ordinances that apply to the city that authorized its formation. A nonprofit corporation formed under subsection (1) is not subject to the municipal finance act, 1943 PA 202, MCL 131.1 to 139.3, or its successor act.
(3) A nonprofit corporation formed under subsection (1) is a public body for the purposes of the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.
History:
Add. 2001, Act 37, Imd. Eff. July 11, 2001
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4s - Population More Than 600,000; Chief Financial Officer.

117.4s Population more than 600,000; chief financial officer.
Sec. 4s.
(1) Notwithstanding a charter provision or ordinance to the contrary, a city with a population of more than 600,000 shall establish the position of chief financial officer. The mayor of the city shall appoint the chief financial officer subject to the approval of the governing body of the city, and, if applicable, the financial review commission created in the Michigan financial review commission act. The chief financial officer shall have substantial experience with sophisticated municipal financial transactions, complex multidimensional governmental restructurings, governmental labor relations, health care benefits or pension matters, and local government management with governmental units having aggregate revenues of $250,000,000.00 or more. Nothing in this section shall be construed to prevent a city with a population of more than 600,000 from adopting a charter provision or ordinance providing the responsibilities for a chief financial officer that are not inconsistent with this section.
(2) The chief financial officer appointed under subsection (1) shall report to the mayor and do all of the following:
(a) Supervise all financial and budget activities of the city.
(b) Coordinate the city's activities relating to budgets, financial plans, financial management, financial reporting, financial analysis, and compliance with the budget and financial plan of the city. If applicable, the functions and responsibilities of the chief financial officer shall be subject to approval by the financial review commission created in the Michigan financial review commission act.
(c) Certify that the city's annual budget complies with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, and, if applicable, submit that certification to the financial review commission created in the Michigan financial review commission act.
(d) Submit in writing to the mayor and the governing body of the city his or her opinion on the effect that policy or budgetary decisions made by the mayor or the governing body of the city will have on the city's annual budget and its 4-year financial plan described in section 4t.
(3) The local elected and appointed officials and employees of the city shall promptly and fully provide financial information requested by the chief financial officer.
History:
Add. 2014, Act 182, Imd. Eff. June 20, 2014
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.4u - Retirement Benefits Subject to Protecting Local Government Retirement and Benefits Act; "Retirement Benefit" Defined.

117.4u Retirement benefits subject to protecting local government retirement and benefits act; "retirement benefit" defined.
Sec. 4u.
If a city provides retirement benefits as part of a system of compensation under section 4i, the retirement benefits are subject to the protecting local government retirement and benefits act. As used in this section, "retirement benefit" means that term as defined in section 3 of the protecting local government retirement and benefits act.
History:
Add. 2017, Act 214, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5a - Membership in Certain Societies Not to Affect Employment.

117.5a Membership in certain societies not to affect employment.
Sec. 5a.
No city shall have power to deny employment to any person for the reason that he is a member of any society which is incorporated under the laws of this state, the membership of which is composed solely of law enforcement officers, unless same is contrary to his oath of office.
History:
Add. 1952, Act 225, Eff. Sept. 18, 1952 ;-- Am. 1965, Act 260, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5b - Code of Municipal Ordinances; Publication.

117.5b Code of municipal ordinances; publication.
Sec. 5b.
Each city shall have power, whether provided in its charter or not, to codify, recodify and continue in code its municipal ordinances, in whole or in part, without the necessity of publishing the entire code in full. The ordinance adopting the code, as well as subsequent ordinances repealing, amending, continuing or adding to the code, shall be published as required by law. The ordinance adopting the code may amend, repeal, revise or rearrange ordinances or parts of ordinances by reference by title only.
History:
Add. 1960, Act 46, Imd. Eff. Apr. 19, 1960
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5d - Locomotives; Enforceability of Ordinance Prescribing Maximum Speed Limit.

117.5d Locomotives; enforceability of ordinance prescribing maximum speed limit.
Sec. 5d.
Notwithstanding any other provision of this act, on and after the effective date of a passenger railroad maximum speed limit specified in a final order of the director of the state transportation department, an ordinance of a city prescribing the maximum speed limit of locomotives used in passenger train operations or of passenger railroad trains shall not be enforceable as to a speed limit other than the limit set forth in the order. However, a city may prescribe the length of the time for which a passenger locomotive or passenger railroad train may obstruct vehicular traffic.
History:
Add. 1984, Act 11, Imd. Eff. Feb. 16, 1984
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5e - Municipal Water or Sewage System; Annual Audit; Public Hearing Before Proposed Rate Increase.

117.5e Municipal water or sewage system; annual audit; public hearing before proposed rate increase.
Sec. 5e.
A municipal water or sewage system established by a city incorporated under this act which serves more than 40% of the population of the state shall:
(a) Be audited annually by an independent auditor designated by the legislative auditor general. No charter provision shall require an annual local audit for the same period. The auditor shall be paid by the system. The results of the annual audit shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. The annual audit shall be submitted to the governing body of each city, village, or township served by the system and to the legislature before December 1 of each year. Each city, village or township served by the system shall be audited annually by an independent auditor. The auditor shall be paid by that city, village, or township served by the system. The results shall be made available to the public.
(b) Hold at least 1 public hearing at least 120 days before a proposed rate increase is scheduled to take effect. Each hearing shall be conducted in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Notice of the time, date, and place of each hearing shall be given in the manner required by Act No. 267 of the Public Acts of 1976, shall be prominently printed in a daily newspaper of general circulation within the area, and shall be mailed to each city, village, or township served by the system not less than 30 days before each hearing. A final vote by the governing body of the city to implement a proposed rate increase shall not be taken until the hearings provided for in this subdivision are concluded and the results of those hearings are considered by the city's governing body. This section shall not be construed to impair the obligations of a contract. A city shall not be required to hold a public hearing before the establishment of a water or sewer rate which is necessary for debt retirement under outstanding bond obligations.
History:
Add. 1978, Act 383, Imd. Eff. July 27, 1978
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5g - Flood Control Project.

117.5g Flood control project.
Sec. 5g.
The legislative body of a city may provide by resolution for a flood control project financed in any manner that is authorized by statute or charter.
History:
Add. 1986, Act 64, Imd. Eff. Mar. 31, 1986
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5h - Regulation or Prohibition of Public Nudity; “Public Nudity” Defined.

117.5h Regulation or prohibition of public nudity; “public nudity” defined.
Sec. 5h.
(1) Whether or not so provided in its charter, a city may, by ordinance, regulate or prohibit public nudity within city boundaries.
(2) As used in this section, "public nudity" means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. A mother's breastfeeding of her baby does not under any circumstances constitute nudity irrespective of whether or not the nipple is covered during or incidental to the feeding.
History:
Add. 1991, Act 175, Eff. Mar. 30, 1992 ;-- Am. 1994, Act 313, Imd. Eff. July 21, 1994
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5i - Snow Removal From Streets, Mosquito Abatement, and Security Services Provided by Private Contractors; Special Assessment.

117.5i Snow removal from streets, mosquito abatement, and security services provided by private contractors; special assessment.
Sec. 5i.
(1) Whether or not authorized by its charter, a city with a population of more than 600,000 may provide by ordinance a procedure to finance by special assessments the provision by private contractors of snow removal from streets, mosquito abatement, and security services. The ordinance shall authorize the use of petitions to initiate the establishment of a special assessment district. The record owners of not less than 51% of the land comprising the actual special assessment district must have signed the petitions.
(2) A service instituted under this section may be discontinued upon petition by the record owners of 51% of the land comprising the special assessment district.
History:
Add. 1994, Act 431, Imd. Eff. Jan. 6, 1995 ;-- Am. 2001, Act 173, Imd. Eff. Dec. 11, 2001 ;-- Am. 2011, Act 287, Imd. Eff. Dec. 21, 2011
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.5j - Sewer Separation; Authorization; Ordinance; Special Assessment.

117.5j Sewer separation; authorization; ordinance; special assessment.
Sec. 5j.
A city, in order to protect the public health, may adopt an ordinance to provide for the separation of storm water drainage and footing drains from sanitary sewers on privately owned property. The legislative body of a city may determine that the sewer separation authorized by this section is for a public purpose and is a public improvement and may also determine that the whole or any part of the expense of these public improvements may be defrayed by special assessment upon lands benefited by the public improvement or by any other lawful charge. A special assessment authorized by this section shall be considered to benefit only lands where the separation of storm water drainage and footing drains from sanitary sewers occurs.
History:
Add. 2002, Act 315, Imd. Eff. May 14, 2002
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.7 - Incorporation, Consolidation or Alteration of Boundaries; Fifth Class Cities; Population Requisites; Representation on Board of Supervisors.

117.7 Incorporation, consolidation or alteration of boundaries; fifth class cities; population requisites; representation on board of supervisors.
Sec. 7.
Said petition shall accurately describe the proposed boundaries of the city, or of the territory to be annexed thereto or detached therefrom, and if the purpose is to incorporate a new city, it shall represent that the territory described contains not less than 2,000 inhabitants and an average of not less than 500 inhabitants per square mile: Provided, That all incorporated villages in which a county seat is located are hereby authorized to incorporate under the provisions of this act as cities of the fifth class, without respect to the population of the territory included therein: Provided further, That any incorporated village having a population of more than 750 and less than 2,000 inhabitants, or any incorporated village lying within more than 1 township in the same county having a population of more than 600 and less than 2,000 inhabitants, or any territory containing a population of more than 750 and less than 2,000 inhabitants and an average of not less than 500 inhabitants per square mile may incorporate under the provisions of this act as cities of the fifth class. Such cities shall constitute but 1 voting precinct except in cities lying within more than 1 county and the mayor thereof, or whenever provided by resolution of the legislative body of any such city, the city attorney, city manager, or city superintendent shall be among the representatives of the city on the board of supervisors of the county or counties: Provided further, Whenever in the process of incorporating a city of the fifth class and adopting a charter therefor, it shall be disclosed by an official census that the population exceeds 2,000 inhabitants, then all proceedings theretofore taken shall be deemed to be for a non fifth class city under this act.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3310 ;-- Am. 1917, Act 286, Eff. Aug. 10, 1917 ;-- Am. 1923, Act 196, Eff. Aug. 30, 1923 ;-- Am. 1927, Act 303, Imd. Eff. June 1, 1927 ;-- CL 1929, 2243 ;-- Am. 1947, Act 91, Eff. Oct. 11, 1947 ;-- CL 1948, 117.7 ;-- Am. 1951, Act 40, Eff. Sept. 28, 1951 ;-- Am. 1953, Act 175, Eff. Oct. 2, 1953 ;-- Am. 1955, Act 33, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.8a - Incorporation, Consolidation or Alteration of Boundaries; Filing Substitute Petition; Action by Supervisors.

117.8a Incorporation, consolidation or alteration of boundaries; filing substitute petition; action by supervisors.
Sec. 8a.
In case a petition has been filed with the clerk pursuant to section 8, and subsequently another petition is filed by other petitioners proposing to affect the same territory in whole or part, then the subsequently filed petition shall not be submitted to the electors while in conflict with the prior petition: Provided, however, That if such prior petition on file is one on which the board of supervisors has not finally set the date for an election, and such subsequent petition has been filed as a substitute therefor encompassing all of the same territory and having among its signers at least 4/5 of the qualified petitioners shown on such prior petition, then the board shall act on such subsequent petition in the place and stead of said prior one. If the board finds that said substitute petition complies with the provisions of this act, an election shall be called thereon; otherwise the election shall be held on such prior petition if it complies with this act.
History:
Add. 1951, Act 158, Imd. Eff. June 6, 1951
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.9a - Annexation of Township Remnant Territory to Home Rule City; Procedure.

117.9a Annexation of township remnant territory to home rule city; procedure.
Sec. 9a.
Whenever the process of incorporation, consolidation, or annexation leaves a portion of a township with no qualified electors residing in that portion and without the constitutional and statutory officers to perform their functions as prescribed by law, as part of the alternate method of annexation provided for by section 9, a petition signed by the owner or owners of record or the holder or holders of equitable title under a recorded land contract or memorandum of land contract of all the real property of such portion of the township may be filed with the clerk of the city to which annexation is sought and with the county clerk of the county in which the territory is situated, seeking the annexation of such territory to such city. The annexation may be accomplished by the affirmative majority vote of the members-elect of the governing body of the city and approval of the majority vote of all of the members of the county board of commissioners.
History:
Add. 1959, Act 92, Eff. Mar. 19, 1960 ;-- Am. 1984, Act 352, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.9b - Detachment of Territory From City; Conditions; Intergovernmental Agreement Imposing Conditions on Detachment; Reannexation to Detaching City; Detached Territory Not Subject to Annexation.

117.9b Detachment of territory from city; conditions; intergovernmental agreement imposing conditions on detachment; reannexation to detaching city; detached territory not subject to annexation.
Sec. 9b.
(1) In addition to the detachment procedures otherwise authorized by this act, territory may be detached from a city if all of the following conditions are met:
(a) The territory to be detached was annexed to the city after the city was incorporated.
(b) The territory to be detached is to be reattached to the municipality from which that territory was annexed.
(c) The city does not provide water or sewer service in the territory to be detached.
(d) The council of the city from which the territory is being detached approves a resolution authorizing the detachment of the territory and confirming an agreement relating to the detachment.
(e) The legislative body of the municipality from which the territory to be detached was annexed approves a resolution authorizing detachment of the territory and confirming an agreement related to the detachment.
(2) The city and municipality involved in a detachment under this section may enter into an intergovernmental agreement which imposes conditions on the detachment. The conditions may include, but need not be limited to, building restrictions and zoning within the territory to be detached.
(3) Territory detached under this section is immediately reannexed to the detaching city if any of the following occurs:
(a) The city can and agrees to provide water and sewer services, the city certifies these facts to the state boundary commission, and the state boundary commission finds that the city can provide water and sewer services to this territory.
(b) The municipality to which the territory was reattached fails to comply with the intergovernmental agreement, the city certifies that fact to the state boundary commission, and the state boundary commission finds that the municipality is not in compliance.
(4) Reannexation pursuant to subsection (3) shall not be subject to the annexation requirements and restrictions of this act; Act No. 191 of the Public Acts of 1968, being sections 123.1001 to 123.1020 of the Michigan Compiled Laws; or Act No. 359 of the Public Acts of 1947, being sections 42.1 to 42.34 of the Michigan Compiled Laws.
(5) All or part of territory detached under this section shall not be subject to annexation.
History:
Add. 1982, Act 465, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.9c - Repealed. 1986, Act 64, Eff. July 1, 1986.

117.9c Repealed. 1986, Act 64, Eff. July 1, 1986.
Compiler's Notes:
The repealed section pertained to an alternate method of annexation.
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.10 - Certified Copies of Petition and Resolution; Transmittal; Election Notices.

117.10 Certified copies of petition and resolution; transmittal; election notices.
Sec. 10.
The county clerk shall, within 3 days after the passage of the resolution provided for in section 8 of this act, transmit a certified copy of said petition and of such resolution to the clerk of each city, village or township in the district to be affected by the proposed incorporation, consolidation or change, and it shall be the duty of each of said city, village and township clerks to give notice of the date and purpose of the election provided for by said resolution by publication in 1 or more newspapers published within said district at least once in each week for 4 weeks preceding said election, and by posting a like notice in at least 10 public places in said district not less than 10 days prior to such election.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3313 ;-- CL 1929, 2246 ;-- CL 1948, 117.10
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.11 - Petition for Incorporation, Consolidation, or Change of Boundaries; Affidavit; Filing With Secretary of State; Certification; Notice; Election.

117.11 Petition for incorporation, consolidation, or change of boundaries; affidavit; filing with secretary of state; certification; notice; election.
Sec. 11.
(1) If the territory to be affected by a proposed incorporation, consolidation, or change of boundaries is situated in more than 1 county, the petition under section 6 shall be addressed and presented to the secretary of state. The petition shall be accompanied by 1 or more affidavits by 1 or more of the signers of the petition showing all of the following:
(a) That the statements contained in the petition are true.
(b) That each signature affixed to the petition is the actual signature of a qualified elector residing in a city, village, or township to be affected by the carrying out of the purposes of the petition.
(c) That not less than 25 of the petition signers reside in each city, village, or township to be affected.
(2) The secretary of state shall examine the petition and the accompanying affidavit or affidavits. If the secretary of state finds that the petition and accompanying affidavit or affidavits comply with the requirements of this act, he or she shall so certify and shall transmit the certificate and a certified copy of the petition and the accompanying affidavit or affidavits to the clerk of each city, village, or township to be affected by the proposal, together with a notice directing that the question of making the incorporation, consolidation, or change of boundaries petitioned for shall be submitted to the electors of the district to be affected. The notice shall provide that the question shall be submitted at the next general election or at an election before the next general election. However, the question shall not be submitted at an election to be held less than 60 days after the date of transmittal of the certificate.
(3) If the secretary of state finds that the petition and the accompanying affidavit or affidavits do not comply with the requirements of this act, he or she shall certify to that fact and shall return the petition and affidavits to the person from whom they were received, along with the certificate.
(4) The city, village, and township clerks who receive from the secretary of state the copies and certificates provided for in subsection (2) shall give notice of the election to be held on the question of making the proposed incorporation, consolidation, or change of boundaries as provided for in section 10.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3314 ;-- CL 1929, 2247 ;-- CL 1948, 117.11 ;-- Am. 1956, Act 41, Imd. Eff. Mar. 28, 1956 ;-- Am. 2003, Act 303, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.12 - Election Returns; Canvass; Village Clerk, Duties.

117.12 Election returns; canvass; village clerk, duties.
Sec. 12.
The returns by the several boards of election inspectors shall be made to the clerk of the county in which the city or proposed city, or the greater part thereof, if in more than 1 county, is located, and shall be canvassed on the first Thursday following said election in the manner provided by law for a county canvass: Provided, That if the purpose is to incorporate 1 village as a city the returns shall be made to the village clerk, and the vote canvassed the same as in other village elections, and in such case all duties which it is provided in this act shall be performed by the county clerk shall devolve upon the village clerk, and all petitions, certificates or other papers or documents provided in this act to be filed with the county clerk shall be filed with the village clerk, and all expenses to be borne by the county according to the provisions of said section shall be borne by the village.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3315 ;-- Am. 1917, Act 225, Eff. Aug. 10, 1917 ;-- CL 1929, 2248 ;-- CL 1948, 117.12
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.14b - Relocation of Common Boundaries.

117.14b Relocation of common boundaries.
Sec. 14b.
Whenever the boundaries between cities lying within the same county and subject to this act divide platted lots, or are affected by the relocation of a river or of a natural drain or a street or highway, the boundaries may be relocated along adjacent lot lines or to the center of a common street or a common natural boundary upon resolution of the governing body of each city and upon agreement of the individual property owners affected. Boundaries shall be relocated so that the city in which the major part of the land is located shall gain the entire lot in case of following lot lines. A copy of each resolution shall be recorded with the register of deeds of the county where the land is situated.
History:
Add. 1959, Act 192, Imd. Eff. July 22, 1959 ;-- Am. 1962, Act 147, Imd. Eff. May 7, 1962
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.15a - Incorporation; Expenses of Charter Commission; Payment.

117.15a Incorporation; expenses of charter commission; payment.
Sec. 15a.
When the residents of a township have voted to incorporate the entire township or fractional part thereof as a city, the township or townships may pay the expenses of a charter commission before an affirmative vote is taken on the charter.
History:
Add. 1972, Act 58, Imd. Eff. Feb. 21, 1972
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.16 - Incorporation; Rejection of Charter; De Facto Mayor; Duties; Resubmission of Charter, Procedure; Effect of Nonadoption Within 3 Years of Election to Incorporate.

117.16 Incorporation; rejection of charter; de facto mayor; duties; resubmission of charter, procedure; effect of nonadoption within 3 years of election to incorporate.
Sec. 16.
(1) If the proposed charter is rejected at an election, the election of officers is void, except that the elector who receives the highest number of votes cast for the office of mayor shall be a de facto officer of the proposed city until a mayor for the proposed city is elected and qualified pursuant to a charter which the electors have approved. The mayor elected shall, after the lapse of 10 days within which petitions for the selection of a new charter commission may be filed, if the petition has not been filed with him or her, by notice, require the charter commission to reconvene and within 90 days after the notice provide any revision, amendment, or amendments to the original draft of the charter previously prepared by them as they consider necessary.
(2) The proposed charter, with amendment or amendments, shall be resubmitted to the qualified electors of the proposed city in the same manner and with the same notice and proceedings as required in the first instance, which proceedings shall continue until the qualified electors of the proposed city have, by a majority vote, approved a charter for the proposed city.
(3) Any proposed charter, as originally submitted or resubmitted with any amendment or amendments, shall not be submitted more than 3 times to the qualified electors of the proposed city, and if rejected 3 times, or in the event that a charter is not adopted by the electors of the proposed city during a period of 3 years following the election on the question of the incorporation of the proposed city, the township clerk of the township in which the proposed city is located, or of that township having the largest portion of the population thereof, shall certify that fact to the secretary of state and to the county clerk, register of deeds, and circuit court of the county in which the proposed city is located. The territory of the proposed city shall thereupon revert to the status existing prior to the filing of the petition required by section 6, and the office of each charter commissioner and de facto officer of the proposed city shall terminate and cease to exist. Any sum of money deposited with the county clerk according to section 6 shall be paid by the county clerk into the general fund of the county.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3319 ;-- CL 1929, 2252 ;-- Am. 1947, Act 201, Eff. Oct. 11, 1947 ;-- CL 1948, 117.16 ;-- Am. 1956, Act 77, Eff. Aug. 11, 1956 ;-- Am. 2008, Act 420, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.19 - Charter; Duty of Legislative Body.

117.19 Charter; duty of legislative body.
Sec. 19.
The legislative body of the municipality unless it is otherwise provided, shall fix in advance of the election of a charter commission the place of its meeting, the compensation of its members, the money for the expense thereof, and if need be provide the ballots for election.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 203, Eff. Aug. 1, 1911 ;-- CL 1915, 3322 ;-- CL 1929, 2255 ;-- CL 1948, 117.19
Compiler's Notes:
Act 203 of 1911, which amended this section, was held unconstitutional and void. See note to MCL 117.1. The 1911 amendment reads as follows: “Sec. 19. The legislative body of the municipality (shall provide for the election of said charter commission at the next general or municipal election to be held in said municipality, if there shall be a general or municipal election within sixty days after such legislative body or the electors of said municipality shall have declared for such general revision in the manner provided in the preceding section, and if there shall be no such general election within said sixty days, then said legislative body shall within ten days after such declaration, call a special election for the selection of such charter commission to be held within sixty days and) shall fix in advance of the election of such charter commission the place of its meeting, the compensation of its members, and provide the money for the expense thereof and if need be, provide the ballots for election.”
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.20 - Charter Commission; First Meeting; Duties of City Clerk; Powers and Duties of Commission; Roll Call; Vacancy; Compensation; Quorum; Public Sessions.

117.20 Charter commission; first meeting; duties of city clerk; powers and duties of commission; roll call; vacancy; compensation; quorum; public sessions.
Sec. 20.
The charter commission shall convene on the second Tuesday after the election at the place designated pursuant to section 19. The city clerk shall preside at the first meeting, shall administer the oath of office to the members-elect, and shall act as clerk of the commission. The charter commission shall be the sole judge of the qualifications, elections, and returns of its members, shall choose its officers except clerk, shall determine the rules of its proceedings, and shall keep a journal. A roll call of the members on a question shall be entered on the journal at the request of 1/5 of the members or less if the commission shall so determine. The commission may fill a vacancy in its membership, and shall fix the time for the submission of the charter to the electors. A member shall not receive compensation for more than 90 meetings of the commission, and only for actual attendance. A member of the commission shall not be paid for more than 1 meeting per day. A majority of the members shall constitute a quorum, and the sessions of the commission shall be public.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 203, Eff. Aug. 1, 1911 ;-- CL 1915, 3323 ;-- CL 1929, 2256 ;-- CL 1948, 117.20 ;-- Am. 1977, Act 27, Imd. Eff. June 8, 1977
Compiler's Notes:
Act 203 of 1911, which amended this section, was held unconstitutional and void. See note to MCL 117.1. The 1911 amendment reads as follows: “Sec. 20. The charter commission shall convene on the second Tuesday after the election at the place designated therefor. The city clerk shall preside at the first meeting, shall administer the oath of office to the members-elect, and shall act as clerk of the commission. It shall be the sole judge of the qualifications, elections and returns of its own members, choose its own officers, except clerk, determine the rules of its proceedings and keep a journal. A roll call of its members on any question shall be entered on the journal at the request of one-fifth of its members or less if it shall so determine. It may fill any vacancy in its membership, and it shall fix the time for the submission of the charter to the electors. No members shall receive compensation for more than ninety days and only for actual attendance. A majority of all the members shall constitute a quorum and its sessions shall be public. The commission may submit with the charter, independent sections or propositions, and such of them as shall receive the approval of a majority of the electors voting thereon shall become a part of the charter if the charter is adopted by the electors.”
Former Law:
See Act 279 of 1909.