reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.12 - Village Charter; Rejection; Effect; President De Facto; Resubmission; Revert to Prior Status.

78.12 Village charter; rejection; effect; president de facto; resubmission; revert to prior status.
Sec. 12.
(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 president shall be a de facto officer of the village until a president for the village is elected and qualified pursuant to a charter which the electors have approved. The president elected shall, after the lapse of 10 days within which petitions for the selection of a new charter commission may be filed, if a petition has not been filed with him or her, by notice, require the charter commission to reconvene and upon notice the charter commission shall reconvene and, within 60 days after the notice, provide any revision, amendment, or amendments to the original draft of the charter previously prepared by the commission as the commission considers necessary.
(2) The proposed charter, with amendment or amendments, shall be resubmitted to the qualified electors of the village 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 village have, by a majority vote, approved a charter for the village.
(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 village, and if rejected 3 times, or in the event that a charter is not adopted by the electors of the village during a period of 3 years following the election on the question of the incorporation of the village, the township clerk of the township in which the village 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 village is located. The territory of the village shall thereupon revert to the status existing prior to the filing of the petition required by section 2, and the office of each charter commissioner and de facto officer of the village shall terminate and cease to exist.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2854 ;-- CL 1929, 1774 ;-- CL 1948, 78.12 ;-- Am. 1952, Act 20, Eff. Sept. 18, 1952 ;-- Am. 2008, Act 418, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.13 - Village Charter; New Charter Commission, Petition, Procedure, Duties; Eligibility; Expenses, Payment; Territory, Control.

78.13 Village charter; new charter commission, petition, procedure, duties; eligibility; expenses, payment; territory, control.
Sec. 13.
In cases where the qualified electors of a village shall reject a proposed charter, any 100 electors of said village may petition the de facto president for the selection of a new charter commission, and if said petition shall be filed with the de facto president of said village on or before the expiration of 10 days from the canvass and determination of the vote on said charter, the de facto president of said village shall, if said petition is signed by the requisite number of electors, certify such fact upon said petition and forthwith file the same with the county clerk or secretary of state, depending upon the office in which the original petition was filed, and such county clerk or secretary of state as the case may be, shall give notice of the filing of such petition in the same manner as upon the filing of the original petition and an election shall be called and held and a new charter commission shall be elected in the same manner as in the first instance. The duties of the new charter commission shall be the same as those of the former commission, and as many such successive commissions as necessary may be held in like manner until a charter for such village is framed and approved by the electors thereof. All persons who have served on previous charter commissions within 1 year, shall be ineligible as members of every such commission. The first legislative body assembled pursuant to a charter adopted by the electors of such village, shall provide for the payment of the necessary expenses incurred by the county and by the members of such commission or commissions, but the members of the commission shall receive no compensation for their services. The territory constituting the village shall remain under the control and management of the respective cities, villages and townships from which it was taken and the authority of the officers of such cities, villages and townships shall continue until the charter of the new village has been adopted and the officers have been elected and qualified as herein provided.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2855 ;-- CL 1929, 1775 ;-- CL 1948, 78.13
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.14 - Village Charter; Revision.

78.14 Village charter; revision.
Sec. 14.
Any village desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter: When its legislative body shall by a 2/3 vote of the members-elect, declare for a general revision of the charter, or when an initiatory petition signed by qualified electors equal to at least 20 per centum of the total vote cast for president at the last preceding election, and verified by the person or persons who obtained such signatures, shall be presented therefor, the question of having a general charter revision shall be submitted to the electors for adoption or rejection at the next municipal election or at a special election. In case the electors shall, by a majority vote, declare in favor of such revision, a charter commission shall be selected consisting of 5 electors who are freeholders, to be elected at large on a non-partisan ballot, having a residence of at least 2 years in the municipality. The 5 candidates having the greatest number of votes shall be elected.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1915, Act 298, Imd. Eff. May 19, 1915 ;-- CL 1915, 2856 ;-- CL 1929, 1776 ;-- CL 1948, 78.14
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.15 - Election of Charter Commission; Details Fixed by Legislative Body.

78.15 Election of charter commission; details fixed by legislative body.
Sec. 15.
The legislative body of the municipality, unless it is otherwise provided, shall fix in advance of the election of a charter commission, the manner of nominating and electing the same, the place of its meeting, the compensation, if any, of its members, the money for the expense thereof, and provide the ballots for election.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2857 ;-- CL 1929, 1777 ;-- CL 1948, 78.15
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.16 - Charter Commission; Quorum.

78.16 Charter commission; quorum.
Sec. 16.
A majority of those elected shall constitute a quorum of the commission and its powers and duties shall be the same as those prescribed in section 11 of this act.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2858 ;-- CL 1929, 1778 ;-- CL 1948, 78.16
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.17 - Charter; Amendments, Submission.

78.17 Charter; amendments, submission.
Sec. 17.
Any amendment to any existing charter, whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature, for the government of a village, may be submitted to the electors by a 2/3 vote of the legislative body of the village, or may be petitioned for by not less than 20 per centum of the number of electors voting for president at the last preceding election, which petition shall be verified by the oath of the party or parties securing the same and filed with the village clerk. Every such amendment shall be submitted to the electors at the next general or special election. When the amendment originates in the legislative body, it shall be published and remain on the table for 30 days before action is taken thereon. The form in which any proposed amendment to a village charter shall be submitted on the ballot, unless provided for in the initiatory petition, shall be determined by resolution by the legislative body.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2859 ;-- CL 1929, 1779 ;-- CL 1948, 78.17
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.18 - Charter Commission; Prosecuting Attorneys to Give Advice; Charter Vote Prerequisites.

78.18 Charter commission; prosecuting attorneys to give advice; charter vote prerequisites.
Sec. 18.
It shall be the duty of the prosecuting attorneys of the several counties, to give advice to any and all charter commissions of this state, as to whether proposed charters contravene the constitution and general laws of this state, and such other information in relation to the formation, amendment or revision of charters as they may require. Every charter framed or revised by a charter commission, and every amendment to a village charter, whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature for the government of a village shall, before its submission to a vote of the electors be presented to the governor of the state. If he shall approve it, he shall sign it; if not he shall return the charter to the commission, and amendment to the legislative body of the village, with his objections thereto, and any information or recommendations he may see fit to submit, which shall be spread at large on the journal of the body receiving them, and it shall reconsider it. On such reconsideration, if 2/3 of the members agree to pass it, it shall be submitted to the voters.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2860 ;-- CL 1929, 1780 ;-- CL 1948, 78.18
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.19 - Charter; Publication Prerequisites.

78.19 Charter; publication prerequisites.
Sec. 19.
Every charter and amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted or passed by the legislature for the government of a village, before submission to the electors shall be published as provided in section 11 of this act.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2861 ;-- CL 1929, 1781 ;-- CL 1948, 78.19
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.20 - Charter of Amendment; Approval; Filing Time.

78.20 Charter of amendment; approval; filing time.
Sec. 20.
If the charter or any amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted or passed by the legislature for the government of a village, be approved, then 2 printed copies thereof, with the vote for and against, duly certified by the village clerk, shall, within 30 days after the vote is taken, be filed with the secretary of state, and a like number with the county clerk, and shall thereupon become law.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2862 ;-- CL 1929, 1782 ;-- CL 1948, 78.20
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.21 - Election; Expenses; Manner of Conducting.

78.21 Election; expenses; manner of conducting.
Sec. 21.
(1) All elections held under this act shall be paid for as provided by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The appropriate clerk shall determine the publication and notice of the election.
(2) Notwithstanding a charter provision providing otherwise, the day on which a village holds its regular or a special election is governed by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, or by a resolution adopted in compliance with section 642 or 642a of the Michigan election law, 1954 PA 116, MCL 168.642 and 168.642a.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2863 ;-- CL 1929, 1783 ;-- CL 1948, 78.21 ;-- Am. 2003, Act 304, Eff. Jan. 1, 2005 ;-- Am. 2004, Act 299, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.22 - Police Officers of Village; Powers.

78.22 Police officers of village; powers.
Sec. 22.
When any person has committed or is suspected of having committed any crime or misdemeanor within a village, whether incorporated under the provisions of this act or under an existing charter of the village heretofore granted or passed by the legislature for the government of a village, or has escaped from any prison of such a village, the police officers of such village shall have the same right to pursue, arrest and detain such person without the village limits as the sheriff of the county.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2864 ;-- CL 1929, 1784 ;-- CL 1948, 78.22
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.22a - District Court or Municipal Court; Hearing and Determining Cases.

78.22a District court or municipal court; hearing and determining cases.
Sec. 22a.
The district court or municipal court in the judicial district in which a village is located shall hear and determine all cases that occur within the village's boundaries and come within the jurisdiction and authority of the district court or municipal court in the judicial district in which the village is located.
History:
Add. 1964, Act 57, Eff. Aug. 28, 1964 ;-- Am. 1978, Act 190, Imd. Eff. June 4, 1978 ;-- Am. 1987, Act 239, Imd. Eff. Dec. 28, 1987
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.22b - Police Officer; Authority to Execute Bench Warrant.

78.22b Police officer; authority to execute bench warrant.
Sec. 22b.
A police officer of a village has the same authority within the village as a deputy sheriff to execute a bench warrant for arrest issued by a court of record or a municipal court.
History:
Add. 1992, Act 47, Imd. Eff. May 12, 1992
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.24a - Codification of Ordinances.

78.24a Codification of ordinances.
Sec. 24a.
Each village shall have the power, whether provided in its charter or not, to codify, recodify, and continue in code the village's municipal ordinances, in whole or in part, without the necessity of publishing the entire code in full. The ordinance adopting the code and ordinances repealing, amending, continuing, or adding to the code shall be published as required by law provided that notification states where a copy of the entire code can be reviewed and obtained. The ordinance adopting the code may amend, repeal, revise, or rearrange ordinances or parts of ordinances by references to the title only.
History:
Add. 1979, Act 17, Imd. Eff. May 24, 1979
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.24c - Acquisition of Land for Disposal of Sewage or Protection of Water Supply.

78.24c Acquisition of land for disposal of sewage or protection of water supply.
Sec. 24c.
A village may acquire land outside its corporate limits necessary for the disposal of sewage or the obtaining or protection of a water supply for the village or the inhabitants of the village by purchase or, if the proposed use will not materially injure the health or safety of the persons living adjacent to the land, by condemnation pursuant to the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws.
History:
Add. 1993, Act 32, Imd. Eff. Apr. 23, 1993
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.24d - Staggered Terms of Office; Resolution; Length of Initial Terms; Applicability of Subsection (1).

***** 78.24d SUBSECTION (1) DOES NOT APPLY AFTER DECEMBER 31, 2006: See subsection (2) *****
78.24d Staggered terms of office; resolution; length of initial terms; applicability of subsection (1).
Sec. 24d.
(1) Notwithstanding any charter provision, a village may pass a resolution to provide for the terms of office of its elected officials and for the terms to be staggered.
(2) The initial terms established under subsection (1) may be longer than allowed under the charter in order to facilitate the staggering of terms. This subsection does not apply after December 31, 2006.
(3) Notwithstanding any charter provision, the village may also pass a resolution to provide for any election provision that is consistent with the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 2005, Act 63, Imd. Eff. July 7, 2005
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.25 - Statutory Provisions; Adoption.

78.25 Statutory provisions; adoption.
Sec. 25.
Each village may adopt as its charter or any part of the same, any chapter, act or section of the statutes of this state in force at the time of such adoption and not inconsistent with the provisions of this act, which relates to the powers or government of villages generally, either by reciting the same in such charter or by appropriate reference thereto; and except in so far as any of the same may be so adopted, no village shall be subject to any of the limitations or restrictions thereof.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2867 ;-- Am. 1921, Act 349, Eff. Aug. 18, 1921 ;-- CL 1929, 1787 ;-- CL 1948, 78.25
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.25b - Recreational Trailway; Posting of Ordinance; Prohibited Violation of Ordinance as Municipal Civil Infraction; Penalty.

78.25b Recreational trailway; posting of ordinance; prohibited violation of ordinance as municipal civil infraction; penalty.
Sec. 25b.
(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 25a prohibits an ordinance from designating as a municipal civil infraction.
History:
Add. 1994, Act 86, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.26a - Locomotives; Enforceability of Ordinance Prescribing Maximum Speed Limit.

78.26a Locomotives; enforceability of ordinance prescribing maximum speed limit.
Sec. 26a.
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 village 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.
History:
Add. 1984, Act 14, Imd. Eff. Feb. 16, 1984
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.27 - Village Charter; Prohibited Conflicts.

78.27 Village charter; prohibited conflicts.
Sec. 27.
No provision of any village charter shall conflict with or contravene the provisions of any general law of the state, except as in section 25 of this act otherwise provided.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2869 ;-- Am. 1921, Act 349, Eff. Aug. 18, 1921 ;-- CL 1929, 1789 ;-- CL 1948, 78.27
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.28 - Construction of Act.

78.28 Construction of act.
Sec. 28.
It is hereby intended by this act to reenact sections 17, 18, 19 and 20, as above amended, pursuant to the adoption of the amendment to section 21 of article 8 of the state constitution by vote of the electors on November fifth, 1912, so that villages under existing charters heretofore granted by the legislature shall have the same right and power to amend such charters as villages that have adopted complete charter revisions under the act hereby amended.
History:
Add. 1913, Act 95, Imd. Eff. Apr. 21, 1913 ;-- CL 1915, 2870 ;-- CL 1929, 1790 ;-- CL 1948, 78.28
Compiler's Notes:
In this section, “section 21 of article 8 of the state constitution” refers to the Constitution of 1908. See now Const. 1963, Art. VII, § 22.
2023 Michigan Compiled Laws › Chapter 79 - Villages › Repealed - Act 26 of 1911 - Water Supply and Municipal Lighting; Proceedings Legalized (79.1 - 79.2)

WATER SUPPLY AND MUNICIPAL LIGHTING; PROCEEDINGS LEGALIZED
Act 26 of 1911
79.1,79.2 Repealed. 2002, Act 310, Imd. Eff. May 13, 2002.
2023 Michigan Compiled Laws › Chapter 79 - Villages › Act 127 of 1913 - Validation of Ordinances and Franchise Grants (79.11 - 79.11) › Section 79.11 - Lighting Facilities; Legalized Existing Actions and Franchises.

79.11 Lighting facilities; legalized existing actions and franchises.
Sec. 1.
The respective actions of the councils of all villages organized under the general laws of the state, heretofore granting franchises to and making contracts with persons or corporations to use the streets, alleys and public places of such villages for the purpose of supplying such villages or the inhabitants thereof or both, with gas, electric light or other lights for periods of time exceeding 10 years, but not exceeding 30 years, are hereby legalized and made valid: Provided, however, That the action of the said respective councils of said villages granting the said franchises shall have been approved by 3/5 of the electors of such villages voting thereon, at a regular or special municipal election as required by section 25 of article 8 of the constitution of this state.
History:
1913, Act 127, Eff. Aug. 14, 1913 ;-- CL 1915, 2842 ;-- CL 1929, 1793 ;-- CL 1948, 79.11
Compiler's Notes:
In this section, “section 25 of article 8 of the constitution” refers to the Constitution of 1908. See now Const. 1963, Art. VII, §§ 25 and 26.
2023 Michigan Compiled Laws › Chapter 79 - Villages › Act 180 of 1925 - Sprinkling Fund (79.21 - 79.22) › Section 79.21 - Sprinkling Fund.

79.21 Sprinkling fund.
Sec. 1.
The common council of any incorporated village within this state is hereby authorized and empowered to set aside and expend from and out of the general fund of any such village a sum of money not exceeding 1,500 dollars in any 1 year for the purpose of sprinkling, moistening or in any other manner treating for the purpose of moistening, the traveled portions of any designated street or streets, or parts thereof, in any such village.
History:
1925, Act 180, Imd. Eff. May 5, 1925 ;-- CL 1929, 1794 ;-- CL 1948, 79.21
2023 Michigan Compiled Laws › Chapter 79 - Villages › Act 180 of 1925 - Sprinkling Fund (79.21 - 79.22) › Section 79.22 - Sprinkling Fund; Disbursements.

79.22 Sprinkling fund; disbursements.
Sec. 2.
Said sum of money so set aside for the purposes mentioned in section 1 of this act shall be paid out of the general fund in the treasury of said village upon orders or vouchers properly drawn and signed and in the same manner as other village funds are expended and paid out.
History:
1925, Act 180, Imd. Eff. May 5, 1925 ;-- CL 1929, 1795 ;-- CL 1948, 79.22
2023 Michigan Compiled Laws › Chapter 79 - Villages › Repealed - Act 79 of 1963 - Validation of Sewer Construction Contracts (79.61 - 79.62)

VALIDATION OF SEWER CONSTRUCTION CONTRACTS
Act 79 of 1963
79.61,79.62 Expired. 1963, Act 79, Eff. June 30, 1964.
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.1 - Fourth Class Cities.

81.1 Fourth class cities.
Sec. 1.
That all cities within the state of Michigan heretofore incorporated and made subject to the provisions of this act or which shall hereafter be incorporated under the provisions of this act, and containing a population not exceeding 10,000 according to the last preceding federal or state census, shall be cities of the fourth class.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2956 ;-- CL 1915, 2872 ;-- CL 1929, 1796 ;-- CL 1948, 81.1
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.1a - Short Title; Definitions.

81.1a Short title; definitions.
Sec. 1a.
(1) This act shall be known and may be cited as "the fourth class city act".
(2) As used in this act:
(a) "Civil infraction", except as used in section 2 of chapter IX, means that term as defined in section 113 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.113 of the Michigan Compiled Laws.
(b) "Civil infraction action" and "municipal civil infraction" mean those terms as defined in section 113 of Act No. 236 of the Public Acts of 1961.
History:
Add. 1945, Act 25, Eff. Sept. 6, 1945 ;-- CL 1948, 81.1a ;-- Am. 1994, Act 19, Eff. May 1, 1994 ;-- Am. 1994, Act 83, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.1b - Fourth Class Cities; Construction of Act; Validation of Amendments and Acts.

81.1b Fourth class cities; construction of act; validation of amendments and acts.
Sec. 1b.
No provision of this act shall apply or be construed as having heretofore applied to any city incorporated or reincorporated under Act No. 279 of the Public Acts of 1909, as amended, being sections 117.1 to 117.38 of the Compiled Laws of 1948, unless specifically adopted by the electors as a part of its city charter. The provisions of this act shall be deemed to be in the nature of charter provisions for any city incorporated thereunder or subject thereto and any such provision may be altered or removed by amendment adopted by the electors as provided in Act No. 279 of the Public Acts of 1909, as amended, provided that the effect of the amendment is such as might legally be accomplished by charter provision in the case of a city operating under said Act No. 279. All such amendments heretofore so adopted by any city incorporated under or subject to this act, and all actions heretofore taken and all bonds heretofore issued under or in accordance with such amendments, are hereby validated to the same extent as if the foregoing provision had been in effect when such amendments were adopted.
History:
Add. 1962, Act 161, Imd. Eff. May 10, 1962
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.1c - Incorporated City as Home Rule City; Charter.

81.1c Incorporated city as home rule city; charter.
Sec. 1c.
Effective January 1, 1980, a city incorporated under this act shall be deemed a home rule city as provided by Act No. 279 of the Public Acts of 1909, as amended, being sections 117.1 to 117.38 of the Michigan Compiled Laws. Until a charter is adopted pursuant to Act No. 279 of the Public Acts of 1909, as amended, this act shall be deemed to be the charter of the city.
History:
Add. 1976, Act 334, Imd. Eff. Dec. 15, 1976
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.1d - Emergency Financial Manager; Authority and Responsibilities.

81.1d Emergency financial manager; authority and responsibilities.
Sec. 1d.
Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect to a city governed by this act, then that emergency financial manager may exercise the authority and responsibilities provided in this act to the extent authorized by Act No. 101 of the Public Acts of 1988.
History:
Add. 1988, Act 191, Imd. Eff. June 27, 1988
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.2 - Incorporation.

81.2 Incorporation.
Sec. 2.
Any incorporated village containing a population of not less than 3,000 nor more than 10,000 as shown by the last preceding federal or state census may be incorporated as a city of the fourth class, as hereinafter provided.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2957 ;-- CL 1915, 2873 ;-- CL 1929, 1797 ;-- CL 1948, 81.2
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.3 - Incorporation; Petition; Resolution of Village Council; Referendum.

81.3 Incorporation; petition; resolution of village council; referendum.
Sec. 3.
Any 100 or more registered electors residing within a village may present to the village council a petition setting forth the population of the village as shown by the census, and asking that the village be incorporated as a city of the fourth class. If the village council is satisfied that the village contains the population required in section 2 of this chapter, the village council shall by resolution to be entered upon the record of their proceedings, reciting the presentation of the petition and the object of the petition, and that the village contains the requisite population, submit the question as to whether the village shall be incorporated as a city of the fourth class to a vote of the electors of the village at the next annual village election.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2958 ;-- CL 1915, 2874 ;-- CL 1929, 1798 ;-- CL 1948, 81.3 ;-- Am. 1998, Act 149, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.4 - Election; Notices, Contents.

81.4 Election; notices, contents.
Sec. 4.
At least 30 days before the time of holding any election at which the question mentioned in the preceding section shall be submitted to a vote of the electors, the clerk of the village shall give public notice of the time and place of holding such election; and that the question whether the village shall be incorporated as a city of the fourth class under the provisions of this act, will be submitted to vote at the election. Such notice shall be given by posting written or printed copies thereof in 10 of the most public places in the village, and by publishing the same in 1 or more newspapers published in the village, the same length of time before such election.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2959 ;-- CL 1915, 2875 ;-- CL 1929, 1799 ;-- CL 1948, 81.4
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.5 - Election; Qualified Voters; Form of Submission, Canvass; Return.

81.5 Election; qualified voters; form of submission, canvass; return.
Sec. 5.
At such election all persons having the qualifications of electors at the annual village elections may vote upon the question of such incorporation, and it shall be the duty of the council to cause to be printed at the foot of the official village ballot, to be used at such election, the question of incorporation proposed to be voted upon, in accordance with the general election laws of the state as follows:
For city incorporation. Yes. [ ]
For city incorporation. No. [ ]
The inspectors of election shall canvass such votes within the same time and in the same manner as provided for canvassing the votes for village officers, and they shall make return thereof to the village clerk within the time and in the manner provided for making returns of village elections; and the council shall determine the result of the election upon the proposition voted upon the same as upon the election of village officers.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2960 ;-- CL 1915, 2876 ;-- CL 1929, 1800 ;-- CL 1948, 81.5
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.6 - Election; Authorizing Vote; Resolution of Council, Contents; Records.

81.6 Election; authorizing vote; resolution of council, contents; records.
Sec. 6.
After the council shall have determined the result of the election upon the proposition voted upon, as provided in the preceding section, if it shall appear to the council that a majority of all the votes legally given at such election upon the question of such incorporation, were given for the incorporation, the council shall, by a resolution to be entered in the record of their proceedings, recite that at said election, stating the date thereof, the question as to whether said village should be incorporated as a city of the fourth class under the provisions of this act, was submitted to a vote of the electors of the village, and that a majority of those voting upon the question, voted for city incorporation; and shall, in the same resolution declare that, in accordance with said vote, the said village shall be and is incorporated as a city of the fourth class by the name of "The city of ..................... ". (Stating the name by which the city is to be known).
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2961 ;-- CL 1915, 2877 ;-- CL 1929, 1801 ;-- CL 1948, 81.6
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.7 - Election Results; Adoption, Recording; Declaration of Incorporation, Filing.

81.7 Election results; adoption, recording; declaration of incorporation, filing.
Sec. 7.
Immediately upon the adoption of the resolution mentioned in the last preceding section, the clerk of the village shall record the same in the record of the proceedings of the council and shall make a copy of so much of the record of the proceedings of the meeting at which the same was adopted, as may be necessary to show the time and place of holding such meeting, and the names of the members of the council who were present, and the passage of said resolution including a true copy thereof. To said copy the clerk and the president of the village shall annex their certificate, under the corporate seal of the village, showing the same to be a true copy of said record; which said certified copy of the record and resolution aforesaid shall be designated as a "declaration of incorporation", and shall be transmitted to, and be filed and recorded in the office of the secretary of state, and a like certified copy or declaration of incorporation shall be filed and recorded in a book to be kept for that purpose, in the office of the county clerk of the county in which said village is located.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2962 ;-- CL 1915, 2878 ;-- CL 1929, 1802 ;-- CL 1948, 81.7
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.8 - Village Deemed Fourth Class City; Evidence.

81.8 Village deemed fourth class city; evidence.
Sec. 8.
When the declaration of incorporation mentioned in the last preceding section shall be filed in the office of the secretary of state, as therein directed, the said village shall be deemed in law to be, and shall be, a city of the fourth class duly incorporated under and subject to the provisions of this act, by the name expressed in said declaration of incorporation; and the declaration of incorporation filed in the office of the secretary of state and in the office of the county clerk aforesaid, or the records thereof, or certified copies of such records shall be prima facie evidence of the due and legal incorporation of such village as a city of the fourth class under the provisions of this act.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2963 ;-- CL 1915, 2879 ;-- CL 1929, 1803 ;-- CL 1948, 81.8
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.9 - Village Deemed Fourth Class City; Officers in Power.

81.9 Village deemed fourth class city; officers in power.
Sec. 9.
After the incorporation of the village as a city as aforesaid, the government and affairs of the old or village corporation shall continue and proceed as before, and all village officers shall remain in office and exercise their powers and duties as village officers, except as herein otherwise provided, until the city officers and members of the council first elected under the new corporation shall enter upon the duties of their offices.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2964 ;-- CL 1915, 2880 ;-- CL 1929, 1804 ;-- CL 1948, 81.9
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.10 - Village Deemed Fourth Class City; Division Into Wards.

81.10 Village deemed fourth class city; division into wards.
Sec. 10.
Immediately upon filing the declaration of incorporation mentioned in section 7, in the office of the secretary of state, as in that section directed, the council shall proceed to divide the newly incorporated city into wards. If such city contains a population of less than 5,000 persons, they shall divide it into 3 wards; if it contains a population of 5,000 and upwards, it may be divided into 4 wards; and a greater number of wards may be established upon the basis of population as provided in section 2, chapter 3 of this act. The division shall be so made as to make the territory and population of the wards as nearly equal as may be.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2965 ;-- CL 1915, 2881 ;-- CL 1929, 1805 ;-- CL 1948, 81.10
Compiler's Notes:
For provisions of section 2 of chapter 3, referred to in this section, see MCL 83.2.
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.11 - First Election of New City; Time, Procedure.

81.11 First election of new city; time, procedure.
Sec. 11.
The first election in and for the new corporation shall be held on the first Monday in April next after the filing of the declaration of incorporation in the office of the secretary of state: Provided, There shall be sufficient time after the division of the city into wards, to make a registration of the electors, and to give the notice of election hereinafter required; and if there shall not be sufficient time for that purpose, then such first election shall be held on the first Monday of April next thereafter; or the council may appoint a day for the holding of a special election, upon giving like notice as hereinafter required for the holding of such elections.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2966 ;-- CL 1915, 2882 ;-- CL 1929, 1806 ;-- CL 1948, 81.11
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.12 - First Election of New City; Prerequisites.

81.12 First election of new city; prerequisites.
Sec. 12.
At least 10 days before the first election in and for the new corporation, the council of the old corporation shall appoint 4 persons in each ward as inspectors of such election therein; and cause notice to be given by the clerk, by handbills posted in 10 of the most public places in each ward, and by publication in 1 or more newspapers printed in the city, of the time and place in each ward of holding such election and of the city and ward officers to be elected; and of the place in each ward where the said inspectors of election will meet on the Saturday next preceding the election to make a registration of the electors of the new city corporation, and that no person, unless registered in such registry, can be permitted to vote at such elections. Said council shall also procure books of registry of the form required by law for the registration of electors in cities, and deliver them to said inspectors.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2967 ;-- CL 1915, 2883 ;-- CL 1929, 1807 ;-- CL 1948, 81.12
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.13 - Inspectors of Election; Oath, Duties.

81.13 Inspectors of election; oath, duties.
Sec. 13.
The inspectors of election, appointed as provided in the preceding section, shall constitute boards of registration for their respective wards for the purpose of making the first registry of the electors therein. They shall take and file with the clerk the oath of office required in this act to be taken by city officers, and shall meet in their respective wards on the day and place appointed in the notice mentioned in the preceding section, and there make a registry of all persons in the wards qualified by law to be registered as electors therein. In making such registry they shall proceed in the manner provided by law for making the registry of electors in cities. Such registry, when completed, shall be the registry of electors of the several wards of the city.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2968 ;-- CL 1915, 2884 ;-- CL 1929, 1808 ;-- CL 1948, 81.13
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.14 - Inspectors of First Election; Duties.

81.14 Inspectors of first election; duties.
Sec. 14.
Said inspectors shall be inspectors of such first election in their respective wards, and shall have the same powers, and perform the same duties at the election, and in respect to the canvass of the votes, and in making and returning written statements and certificates of the votes cast, and for whom given, as are required of inspectors at annual city elections provided for in this act, except that said written statements and certificates shall be deposited with the village clerk, and the village council shall respectively perform the same duties in respect to the canvass of the votes and returns, and in determining and certifying what persons were elected to office, and in notifying such persons of their election as are required of the city clerk and council in respect to said annual city elections.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2969 ;-- CL 1915, 2885 ;-- CL 1929, 1809 ;-- CL 1948, 81.14
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.15 - Fourth Class City; Bodies Corporate.

81.15 Fourth class city; bodies corporate.
Sec. 15.
All cities organized under or made subject to the provisions of this act shall be bodies politic and corporate under and by the name assumed by them in their declaration of incorporation, or designated in their acts of incorporation; and by such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which they are incorporated, have a common seal and change the same at pleasure, and exercise all the powers in this act conferred.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2970 ;-- CL 1915, 2886 ;-- CL 1929, 1810 ;-- CL 1948, 81.15
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.16 - Fourth Class Cities; Judicial Notice Taken; Changes in Organization.

81.16 Fourth class cities; judicial notice taken; changes in organization.
Sec. 16.
Judicial notice shall be taken in all courts and proceedings in this state of the existence of all cities incorporated or made subject to the provisions of this act, and of the change of organization of any city or village from its former organization to its incorporation under or subject to the provisions of this act, and of all changes at any time made in the corporate limits of any city, by the annexation of territory thereto or otherwise, and of the boundaries of all wards, and of all changes made at any time in the boundaries of any ward in any such city; and from the time of such incorporation or change of organization the provisions of this act shall be applicable to such cities, and all laws in conflict therewith shall no longer be applicable.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2971 ;-- CL 1915, 2887 ;-- CL 1929, 1811 ;-- CL 1948, 81.16
2023 Michigan Compiled Laws › Chapters 81 - 113 - Fourth Class Cities › Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20) › 215-1895-I - Chapter I Incorporation. (81.1...81.18) › Section 81.17 - Existing Ordinances, By-Laws, Resolutions.

81.17 Existing ordinances, by-laws, resolutions.
Sec. 17.
All ordinances, by-laws, and resolutions, in force in any village, when it shall be incorporated under this act and not inconsistent herewith, shall continue in full force and effect until repealed or amended by the city council.
History:
1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 2972 ;-- CL 1915, 2888 ;-- CL 1929, 1812 ;-- CL 1948, 81.17