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 117.22 - Charter Amendment; Submission to Governor, Approval; Re-Consideration.

117.22 Charter amendment; submission to governor, approval; re-consideration.
Sec. 22.
Every amendment to a city charter whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature for the government of such city, before its submission to the electors, and every charter before the final adjournment of the commission, shall be transmitted 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 the amendment to the legislative body of the city, with his objections thereto, which shall be spread at large on the journal of the body receiving them, and if it be an amendment proposed by the legislative body, such body shall re-consider it, and if 2/3 of the members-elect agree to pass it, it shall be submitted to the electors. If it be an amendment proposed by initiatory petition, it shall be submitted to the electors notwithstanding such objections.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- CL 1915, 3325 ;-- CL 1929, 2258 ;-- CL 1948, 117.22
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.23 - Publication of Proposed Charter and Amendments; Submission of Charter and Separate Propositions to Electors; Adoption; Ballot.

117.23 Publication of proposed charter and amendments; submission of charter and separate propositions to electors; adoption; ballot.
Sec. 23.
(1) A proposed city charter and each amendment to an existing city charter before submission to the electors, shall be published as the charter commission or the legislative body may prescribe. A proposed charter may be submitted to the qualified electors as an entirety in a single proposition substantially as follows: "Shall the city charter proposed by the city charter commission be adopted?" Adoption of a proposed charter shall require a simple majority of those voting on the question.
(2) When submitting a proposed charter, separate propositions, on specific charter provisions may also be submitted to the qualified electors. In such case, all propositions shall be in such form as are approved by the attorney general as to clarity and impartiality. If the proposed charter and any of the separate propositions are adopted, the new charter shall take effect with the alternatives or additions contemplated by such separate propositions as are adopted. Adoption of a separate proposition which is an alternative to a provision contained in the proposed charter shall require approval by a majority of those voting on the separate proposition and also a majority of those voting on the proposed charter; otherwise the adoption of a separate proposition shall require a simple majority. The ballot shall contain voting instructions and a brief explanation of the effect of each of the propositions.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- CL 1915, 3326 ;-- CL 1929, 2259 ;-- CL 1948, 117.23 ;-- Am. 1971, Act 223, Imd. Eff. Dec. 30, 1971
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.24 - Charters or Amendments; Filing; Effective Date.

117.24 Charters or amendments; filing; effective date.
Sec. 24.
If the charter, or any amendment thereto, whether of cities incorporated under the provisions of this act, or under an existing charter of the city heretofore granted or passed by the legislature for the government of the city, be approved, then 2 printed copies thereof, with the vote for and against duly certified by the city 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 of the county in which such city is located and shall thereupon become law, unless a different date for the taking effect of such charter or charter amendment, or any part thereof, is specifically set forth therein.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- CL 1915, 3327 ;-- CL 1929, 2260 ;-- Am. 1941, Act 175, Eff. Jan. 10, 1942 ;-- CL 1948, 117.24
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.25a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

117.25a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 25a.
Except as otherwise provided in this section, a petition under section 3, 5, 5c, 6, 7, 8, 8a, 9(5), 11, 14a, 15, 16, 17, 18, 21, 22, or 25, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A petition under section 6 that is signed by landowners because there are not enough qualified electors residing in the territory or portion of the territory to be annexed is not subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 150, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.26 - Elections; General Provisions; Applicability of MCL 168.641.

117.26 Elections; general provisions; applicability of MCL 168.641.
Sec. 26.
(1) All elections held under this act shall be paid for by the locality where held. Except as otherwise provided by law or ordinance, the legislative body of the city shall determine the publication and notice of the election.
(2) Notwithstanding another provision of this act or a charter provision, an election under this act is subject to section 641 of the Michigan election law, 1954 PA 116, MCL 168.641.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3329 ;-- CL 1929, 2262 ;-- CL 1948, 117.26 ;-- 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 117.27 - Repealed. 1966, Act 261, Eff. Mar. 10, 1967.

117.27 Repealed. 1966, Act 261, Eff. Mar. 10, 1967.
Compiler's Notes:
The repealed section pertained to determination of representation by cities on county board of supervisors.
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.27a - Apportionment of Wards; Definitions.

117.27a Apportionment of wards; definitions.
Sec. 27a.
(1) For the purposes of this section:
(a) "Local legislative body" means the council, common council or commission of a city.
(b) "Ward" means a district comprising less than all of the area of a city which constitutes the political unit from which 1 or more members of the local legislative body is nominated, elected or nominated and elected.
(2) The population of each city subject to the provisions of this section shall, in the first instance, be determined from the most recent official United States decennial census. Other governmental census figures of total city population may be used if taken subsequent to the latest decennial United States census and the last decennial United States census figures are inadequate for the purposes of this section. Each city shall have the power to conduct its own census for this purpose.
(3) This section shall be applicable to all cities that do not elect all the members of their local legislative body at large. This section shall not repeal any charter provisions meeting the standards established herein but shall be applicable to all charters that fail in whole or in part, to meet the standards herein, or the constitutional requirements of this state or United States constitution.
(4) In each such city subject to the provisions of this section the local legislative body, not later than December 1, 1967, shall apportion the wards of the city in accord with this section. In subsequent years, the local legislative body, prior to the next general municipal election occurring not earlier than 4 months following the date of the official release of the census figures of each United States decennial census, shall apportion the wards of the city in accord with this section.
(5) The local legislative body shall file the apportionment plan with the city clerk and make copies available at cost to any registered voter of the city. Such plan shall provide for wards which are as nearly of equal population as is practicable and contiguous and compact. Residents of state institutions who cannot by law register in the city as electors shall be excluded from population computations where the number of such persons is identifiable in the census figures available.
(6) Any registered voter of the city within 30 days after the filing of the apportionment plan for his city, or within 30 days after such apportionment plan shall be submitted, may petition the circuit court to determine if the plan meets the requirements of the laws and constitution of this state and the United States.
History:
Add. 1966, Act 182, Eff. July 1, 1966
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.27b - Board of Review; Appointment of Members, Functions.

117.27b Board of review; appointment of members, functions.
Sec. 27b.
When the charter of any city heretofore adopted provides that the city representatives on the board of supervisors of the county shall be members of the city's board of review or act in any other official capacity or perform any other official function, such city may provide by ordinance for the appointment of the members of the board of review of the city from the citizens of the city and for the filling of such other offices and the performance of such official functions heretofore filled or carried out by such city representatives in such manner as the legislative body of such city shall prescribe.
In the years 1969 and 1970 the legislative body of any city whose charter provides for a board of review consisting of appointed members of the county board of supervisors may appoint a board of review consisting of the same number as those now serving as appointed members consisting of electors resident in the city, to review the assessment roll according to law, notwithstanding the provision of any charter or law to the contrary.
History:
Add. 1969, Act 2, Imd. Eff. Mar. 25, 1969
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.28a - Municipal Courts in Cities in Certain Counties; Civil Jurisdiction.

117.28a Municipal courts in cities in certain counties; civil jurisdiction.
Sec. 28-a.
In counties having a population of less than 100,000 in which municipal courts are now or may be established, said courts shall have such jurisdiction in civil causes in all townships throughout the county up to the amount of the jurisdiction of said court.
History:
Add. 1933, Act 241, Eff. Oct. 17, 1933 ;-- CL 1948, 117.28a
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.28b - Municipal Courts in Cities in Certain Counties; Attorney Fees Based on Amount of Judgment.

117.28b Municipal courts in cities in certain counties; attorney fees based on amount of judgment.
Sec. 28b.
In all cases, in any municipal court now or hereafter established under the provisions of this act, where a contested trial takes place, and in all cases where an appearance has been entered by an attorney at law in behalf of the opposite party, if the plaintiff was the prevailing party and was represented by a legally licensed attorney and counsel, shall be entitled to tax, as an attorney fee, the sum of $10.00 in case of rendition of a judgment of $300.00 or less, and $15.00 in case of rendition of a judgment of over $300.00; and, if the defendant is the prevailing party and was represented by a legally licensed attorney and counsel, he shall be entitled to tax, as an attorney fee, the sum of $10.00 in case the plaintiff sought in his pleadings to recover a judgment of $300.00 or less, and $15.00 in case the plaintiff sought in his pleadings to recover a judgment of over $300.00.
History:
Add. 1949, Act 241, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.29 - Recovery and Enforcement of Fines, Penalties, and Forfeitures; Violations; Administrative Hearings.

117.29 Recovery and enforcement of fines, penalties, and forfeitures; violations; administrative hearings.
Sec. 29.
(1) Except as provided in subsection (2), the district court, a municipal court, or the circuit court, as provided by law, may hear, try, and determine actions and prosecutions for the recovery and enforcing of fines, penalties, and forfeitures imposed by the charter and ordinances of the city, and sanction offenders for the violation of the charter and ordinances, as is prescribed and directed in the charter or ordinances.
(2) Pursuant to section 4q, a city may provide for an administrative hearings bureau to adjudicate alleged violations of ordinances and impose sanctions consistent with this act.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3332 ;-- CL 1929, 2265 ;-- CL 1948, 117.29 ;-- Am. 1978, Act 191, Imd. Eff. June 4, 1978 ;-- Am. 1994, Act 17, Eff. May 1, 1994 ;-- Am. 2003, Act 318, 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 117.30 - Appeal to Circuit Court; Recognizance or Bond.

117.30 Appeal to circuit court; recognizance or bond.
Sec. 30.
In all actions and prosecutions arising under the charter and ordinances of the city the right of appeal to the circuit court of the county, or to a court having jurisdiction, shall be allowed to a party, and the same recognizance or bond shall be given as is or may be required by law in analogous cases on appeal from the court that tried the city charter or ordinance violation.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3333 ;-- CL 1929, 2266 ;-- CL 1948, 117.30 ;-- Am. 1978, Act 191, Imd. Eff. June 4, 1978
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.31 - Disposition of Fines.

117.31 Disposition of fines.
Sec. 31.
All fines collected or received by the district court for or on account of violations of the charter or ordinances of the city, shall be distributed by the district court pursuant to section 8379 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.8379 of the Michigan Compiled Laws. All fines collected or received by a municipal court or the traffic and ordinance division of the recorder's court of the city of Detroit, for or on account of violations of the charter or ordinances of the city, shall be paid over to the city treasurer.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3334 ;-- CL 1929, 2267 ;-- CL 1948, 117.31 ;-- Am. 1978, Act 191, Imd. Eff. June 4, 1978
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.32 - Constables; Election or Appointment; Powers and Duties; Salary; Fees; Provisions Inapplicable to Certain Cities; Compliance With Minimum Employment Standards.

117.32 Constables; election or appointment; powers and duties; salary; fees; provisions inapplicable to certain cities; compliance with minimum employment standards.
Sec. 32.
(1) Except as provided in subsection (3), there may be elected or appointed in each city 1 or more constables who shall have the same powers and authorities in civil and criminal matters, and in relation to the service of process, civil and criminal, as are conferred by law on constables in townships. A city, by ordinance, may abolish, restrict, and limit the authority conferred upon a constable by law, except that a city constable may be appointed by a district court as a district court officer and may perform duties permitted pursuant to chapter 83 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, as amended, being sections 600.8301 to 600.8395 of the Michigan Compiled Laws. Except as otherwise provided in section 8707 of Act No. 236 of the Public Acts of 1961, being section 600.8707 of the Michigan Compiled Laws, and section 742 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.742 of the Michigan Compiled Laws, a constable shall serve all process issued for breaches of ordinances of the city. A city may by ordinance provide for the appointment of additional constables except that the maximum number of persons who may be appointed as constables shall not exceed the number of elected constables provided for in the charter of the city on September 23, 1949. An appointed or elected constable may be paid a salary in addition to fees.
(2) This section does not apply to a city that has a population of 500,000 or more.
(3) A constable shall serve all warrants, notices, and process lawfully directed to the constable by the city and shall perform other duties required of a constable by law. A city, by ordinance, may restrict or limit the duties of a city constable prescribed by law. If the city requires the constable to perform both statutory criminal and civil duties, a person elected or appointed to the office of city constable shall fulfill the minimum employment standards established by the law enforcement council pursuant to section 9 of the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, as amended, being section 28.609 of the Michigan Compiled Laws. The cost of complying with these standards shall be borne by the city.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3335 ;-- CL 1929, 2268 ;-- CL 1948, 117.32 ;-- Am. 1949, Act 71, Eff. Sept. 23, 1949 ;-- Am. 1971, Act 26, Imd. Eff. May 13, 1971 ;-- Am. 1976, Act 408, Imd. Eff. Jan. 9, 1977 ;-- Am. 1994, Act 17, Eff. May 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 117.33 - Constables; Election, Qualification, and Compensation.

117.33 Constables; election, qualification, and compensation.
Sec. 33.
The provisions of the general law applying to the election, qualification, and compensation of constables in townships shall apply to the constables provided for in section 32 except that in the first instance they shall be elected at the first election at which other city officers are chosen and the first incumbents shall hold office only until the next regular election for the officers as fixed by the state law.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3336 ;-- CL 1929, 2269 ;-- CL 1948, 117.33 ;-- Am. 1978, Act 191, Imd. Eff. June 4, 1978
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.34 - Police Officers; Powers.

117.34 Police officers; powers.
Sec. 34.
When any person has committed or is suspected of having committed any crime or misdemeanor within a city, or has escaped from any city prison, the police officers of the city shall have the same right to pursue, arrest and detain such person without the city limits as the sheriff of the county.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3337 ;-- CL 1929, 2270 ;-- CL 1948, 117.34
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.34a - Police Officer or Constable; Authority to Execute Bench Warrant.

117.34a Police officer or constable; authority to execute bench warrant.
Sec. 34a.
A police officer of a city or, if authorized by the legislative body, a constable of a city has the same authority within the city 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 48, Imd. Eff. May 12, 1992
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.35 - Acquisition of Property; Condemnation or Purchase Proceedings.

117.35 Acquisition of property; condemnation or purchase proceedings.
Sec. 35.
Any city may acquire by purchase or condemnation proceedings any lands within or without its corporate limits necessary for disposing of sewage or for obtaining or protecting a water supply for the city and the inhabitants thereof, and may acquire by purchase or condemnation proceedings when authorized by the electors of such city any public utility and any water power and water rights for the use of such city within the corporate limits of said city. The jury in condemnation proceedings shall consist of 12 freeholders drawn from the body of the county and if they find the necessity for such use exists and, in case of sewage that the use proposed will not materially injure the health or safety of persons living adjacent to the land, they shall award the compensation to be paid therefor. Other proceedings in such cases shall conform to the general law authorizing cities and villages to take or hold land or property outside of their corporate limit as contained in chapter 90 of the Compiled Laws of 1897, or any other appropriate act now or hereafter existing.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- CL 1915, 3338 ;-- CL 1929, 2271 ;-- CL 1948, 117.35
Compiler's Notes:
Chapter 90, referred to in the last sentence, was repealed by Act 120 of 1967. See now 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 117.35a - General Obligation Bonds; Issuance; Conditions.

117.35a General obligation bonds; issuance; conditions.
Sec. 35a.
Any municipality with a population of 750,000 or more may issue general obligation bonds and other evidences of debt for all lawful purposes in accordance with state law, but subject to the overall debt limitations provided by state law or the charter of the municipality. No charter shall allocate the debt limitation or any part of the debt limitation to specific purposes.
History:
Add. 1966, Act 30, Imd. Eff. May 3, 1966 ;-- Am. 2001, Act 173, Imd. Eff. Dec. 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 117.36 - Charter Provisions; Conflict.

117.36 Charter provisions; conflict.
Sec. 36.
No provision of any city charter shall conflict with or contravene the provisions of any general law of the state.
History:
1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3339 ;-- CL 1929, 2272 ;-- CL 1948, 117.36
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.37 - Saving Clause.

117.37 Saving clause.
Sec. 37.
All charters heretofore formulated and all proceedings of charter commissions heretofore had under this act are hereby validated and made effectual so far as the same shall conform to and be within the provisions of this act as amended.
History:
Add. 1911, Act 203, Eff. Aug. 1, 1911 ;-- CL 1915, 3340 ;-- CL 1929, 2273 ;-- CL 1948, 117.37
Compiler's Notes:
Act 203 of 1911, which added this section, was held unconstitutional and void. See note to MCL 117.1.
2023 Michigan Compiled Laws › Chapter 117 - Home Rule Cities › Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38) › Section 117.38 - Construction of Act.

117.38 Construction of act.
Sec. 38.
It is intended by this act to re-enact sections 21, 22, 23 and 24, 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 5, 1912, so that cities under existing charters heretofore granted by the legislature shall have the same right and power to amend such charters under the act hereby amended as cities that have adopted complete charter revisions.
History:
Add. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- CL 1915, 3341 ;-- CL 1929, 2274 ;-- CL 1948, 117.38
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 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.1 - Metropolitan Districts; Purposes; Body Corporate.

119.1 Metropolitan districts; purposes; body corporate.
Sec. 1.
Any 2 or more cities, villages or townships or any combination or parts thereof, may incorporate into a metropolitan district or districts comprising territory within their respective limits for the purpose of acquiring, owning, operating and maintaining either within or without their limits, as may be established hereunder, parks or public utilities for supplying sewage disposal, drainage, water or transportation or any combination thereof. Each organized district hereunder shall be a body corporate.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2275 ;-- CL 1948, 119.1
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.1a - Metropolitan Districts; Short Title.

119.1a Metropolitan districts; short title.
Sec. 1a.
This act shall be known and may be cited as "The metropolitan district act."
History:
Add. 1945, Act 50, Eff. Sept. 6, 1945 ;-- CL 1948, 119.1a
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.2 - Metropolitan District; Powers; Referendum.

119.2 Metropolitan district; powers; referendum.
Sec. 2.
Any district incorporated under this act shall have the power to acquire, own, operate and maintain within or without its limits, parks or public utilities for supplying sewage disposal, drainage, water or transportation or any combination thereof or such of said powers as may be designated in its charter. Any such district may sell or purchase, either within or without its limits, sewage disposal or drainage rights, water or transportation facilities or any combination thereof if so provided by its charter. Any such district shall have the power to acquire and succeed to any or all of the rights, obligations and property of any city, village or township, or any parts thereof, comprising territory within the limits of the district, respecting, affiliated or connected with such functions or public utilities, or any combination thereof: Provided, That no city, village or township shall surrender any such rights, obligations or property without the approval thereof by a majority vote of the electors of any such city, village or township voting on such proposition.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2276 ;-- CL 1948, 119.2
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.2a - Metropolitan District Elections; Administration; Conduct; Date.

119.2a Metropolitan district elections; administration; conduct; date.
Sec. 2a.
Notwithstanding any law or charter provision to the contrary, beginning on the effective date of the amendatory act that added this section, all elections in a metropolitan district shall be administered and conducted under the provisions of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, and all elections in the metropolitan district shall be held on a regular election date as established under section 641 of the Michigan election law, 1954 PA 116, MCL 168.641.
History:
Add. 2012, Act 587, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.5 - Powers; Restrictions.

119.5 Powers; restrictions.
Sec. 5.
A district shall not do any of the following:
(a) Change the salary or emoluments of any public official after his or her election or appointment or during his or her term of office. The term of any public official shall not be shortened or extended beyond the period for which he or she was elected or appointed, unless he or she resigns or is removed for cause if the office is held for a fixed term.
(b) Adopt a charter or any amendment to a charter unless approved by a majority of the electors of each city, village, or township, voting on the charter or amendment.
(c) Sell any public utility unless approved by a majority vote of the electors of each city, village, or township voting on the proposition.
(d) Make any contract with, or give any official position to, anyone who is in default to the district or city, village, or township comprising the district.
(e) To repudiate any debt by any change in its charter or by consolidation with any other municipality.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2279 ;-- CL 1948, 119.5 ;-- Am. 2002, Act 410, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.7 - Charter Commission; Duties; First District Election.

119.7 Charter commission; duties; first district election.
Sec. 7.
The charter commission shall proceed to adopt a name for the district and frame a charter for the district as soon thereafter as practicable. The commission shall 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 any member. The commission shall fix the date of the first district election. The first district election shall be held on a regular election date as established under section 641 of the Michigan election law, 1954 PA 116, MCL 168.641. The county clerk of the county in which the largest number of registered electors of the metropolitan district reside shall publish the proposed charter in 1 or more newspapers published in the district at least once and not less than 2 weeks and not more than 4 weeks before the election, together with a notice of the election, and that on the date fixed for the election the question of adopting the proposed charter will be voted on, and that the elective officers provided for therein will be elected on the same date. Notice of the election shall also be posted in at least 10 public places within each city, village, or township in the proposed district not less than 10 days before the election. The commission shall have authority to study the area proposed to be included in the metropolitan district and submit recommendations to the legislative bodies of any city, village, or township to amend its original resolution in regards to same. The charter shall state with certainty the territory proposed to be included.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2281 ;-- CL 1948, 119.7 ;-- Am. 2012, Act 587, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.8 - Charter Rejection; Unfavorable Vote, Charter Provision; Resubmission Proceedings.

119.8 Charter rejection; unfavorable vote, charter provision; resubmission proceedings.
Sec. 8.
If the proposed charter be rejected at such election, any election of officers therein provided shall be void. Said commission shall reconvene upon a call of its president or the written request of a majority of its members and the proposed charter amended in such manner as may be deemed desirable. Any proposed charter may contain a provision that in the event of an unfavorable vote by any city, village or township or part of such a political subdivision, that said charter shall be deemed effective as to all other cities, villages or townships or parts of such political subdivision voting favorably thereon and that any officers elected at said election shall be valid. In the absence of such a provision in the charter and in the event that a city, village or township or part of same included has voted unfavorably on a proposed charter said city, village or township may be dropped from said proposed metropolitan district by the charter commission and the proposed boundaries corrected accordingly. Said proposed charter as amended may be then resubmitted to the qualified electors of the city, village and township or parts of same a second time in the same manner and with like notice and proceedings as required in the first instance, which proceedings in case of the rejection of said proposed charter may be continued a third time with like powers. In the event of a third rejection of same the powers and duties of the charter commission shall be at an end.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2282 ;-- CL 1948, 119.8
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.9 - Amendment of Charter.

119.9 Amendment of charter.
Sec. 9.
Except as provided in section 9a, a metropolitan district charter passed pursuant to this act may be amended as provided in this section. An amendment may be proposed by the legislative body of the district on a 3/5 vote of the members or by an initiatory petition as provided in this act. If the amendment is proposed by the legislative body of the district, then the amendment shall be submitted to the electors of the district as provided in this act at the next regular election held in the district that occurs not less than 84 days after the proposal of the amendment. If the amendment is proposed by the initiatory petition as provided in this act, then the amendment shall be submitted to the electors of the district as provided in this act at the next regular election held in the district that occurs not less than 84 days after the filing of the petitions. The form in which the proposed amendment to a district charter shall be submitted on the ballot unless provided for in the initiatory petition shall be determined by resolution by the legislative body, and when provided for by the initiatory petition, the legislative body may add that explanatory matter as it considers advisable.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2283 ;-- CL 1948, 119.9 ;-- Am. 1979, Act 134, Imd. Eff. Oct. 31, 1979 ;-- Am. 2012, Act 587, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.9a - Amendment to Enlarge Boundaries of Metropolitan District; Signing and Filing Petition; Resolution; Election; Amendment of Charter.

119.9a Amendment to enlarge boundaries of metropolitan district; signing and filing petition; resolution; election; amendment of charter.
Sec. 9a.
An amendment to enlarge the boundaries of a metropolitan district may be initiated by a petition signed by 5% of the registered voters residing in the area sought to be added to the district. The petition shall be filed with the clerk and the legislative body of the city, village, or township in which the proposed added area is located, which legislative body may pass a resolution requesting the metropolitan district legislative body to hold an election on an amendment to its charter to include the proposed added area within its boundaries. Upon filing the resolution with the district's clerk, if the legislative body of the district approves the resolution by a 3/5 vote, an election shall be held in the proposed added area and the district to vote on the proposed charter amendment as provided in section 9. If the district and the proposed added area each approves the proposed amendment by a majority vote of those voting in the election, the metropolitan district's charter shall be amended accordingly.
History:
Add. 1979, Act 134, Imd. Eff. Oct. 31, 1979
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.9b - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

119.9b Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 9b.
A petition under section 9a, 13, or 17a, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 171, Eff. Mar. 23, 1999 ;-- Am. 2012, Act 587, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.10 - Charter Amendment; Submission to Governor; Procedures After Submittal.

119.10 Charter amendment; submission to governor; procedures after submittal.
Sec. 10.
Every amendment to a district charter before its submission to the electors and every charter before final adjournment of the commission, shall be transmitted 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 the amendment to the legislative body of the district with his objection thereto, which shall be spread at large on the journal of the body receiving them, and if it be an amendment proposed by the legislative body, such body shall reconsider it and if 2/3 of the members agree to pass it, it shall be submitted to the electors. If it be an amendment proposed by an initiatory petition it shall be submitted to the electors notwithstanding such objections.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2284 ;-- CL 1948, 119.10
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.11 - Charter or Amendment; Publication; Independent Propositions, Authorizing Vote.

119.11 Charter or amendment; publication; independent propositions, authorizing vote.
Sec. 11.
Every district charter or amendment thereto shall be published as the commission or legislative body respectively may prescribe. There may be submitted with any charter or amendment independent sections or propositions and such of them as receive a 3/5 vote of the electors of each city, village or township voting thereon shall become a part of such charter or shall prevail as amendments or propositions.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2285 ;-- CL 1948, 119.11
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.12 - Charter or Amendments; Copies, Filing.

119.12 Charter or amendments; copies, filing.
Sec. 12.
If the charter or any amendment thereto of any district incorporated under the provisions of this act be approved, then 2 printed copies thereof with the vote for and against duly certified by the secretary of the commission, shall, within 30 days after the vote is taken, be filed with the secretary of state and a like number with the county clerk or clerks of the county or counties in which the district is located and shall thereupon become law.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2286 ;-- CL 1948, 119.12
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.15 - Metropolitan Districts; Short Title.

119.15 Metropolitan districts; short title.
Sec. 15.
This act shall be known and may be cited as the metropolitan district act.
History:
1929, Act 312, Eff. Aug. 28, 1929 ;-- CL 1929, 2289 ;-- CL 1948, 119.15
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.16 - Dissolution of Metropolitan District; Resolution.

119.16 Dissolution of metropolitan district; resolution.
Sec. 16.
A metropolitan district may be dissolved by resolution of the legislative body of the metropolitan district after the requirements of section 17 have been met.
History:
Add. 1989, Act 98, Imd. Eff. June 21, 1989
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.17 - Duties of Legislative Body Prior to Dissolution; Plan for Disposition of Assets and Liabilities; Resolution; Insufficient Assets.

119.17 Duties of legislative body prior to dissolution; plan for disposition of assets and liabilities; resolution; insufficient assets.
Sec. 17.
(1) Prior to dissolution of a metropolitan district under section 16, the legislative body of the metropolitan district shall do both of the following:
(a) Provide written notice to the legislative body of each city, village, and township included in the district of its intent to dissolve the metropolitan district.
(b) Prepare or cause to be prepared a financial report of the assets and liabilities of the metropolitan district. This report shall include an accounting of all money held by the district, a description of all obligations of the district, an appraisal or inventory of all other assets of the district, and a description of any encumbrances on these assets. A copy of this report shall be provided to the legislative body of each city, village, or township included in the metropolitan district.
(2) If the financial report of the metropolitan district under subsection (1) indicates that the assets of the district are greater than the liabilities, the legislative body of the metropolitan district shall prepare a plan for the disposition of the assets and liabilities of the district. This plan may include the disposal of assets in a manner the legislative body considers prudent to discharge or settle existing liabilities of the metropolitan district. The plan may also include the transfer of an asset or an assumable liability to any person, local unit of government, or other public authority. The plan shall provide for the proportional distribution of the assets remaining after all liabilities to each city, village, and township within the metropolitan district have been satisfied. The legislative body of each city, village, and township in the metropolitan district shall pass a resolution agreeing to a plan required under this subsection and agreeing to the dissolution of the district.
(3) If the assets of the metropolitan district are insufficient to meet existing liabilities, the legislative body of the district shall do either of the following:
(a) Raise taxes in the manner provided in this act to discharge the liabilities.
(b) Enter into a written agreement with the legislative body of each city, village, and township included in the district in which each city, village, and township agrees to assume a proportionate share of the liabilities of the district.
History:
Add. 1989, Act 98, Imd. Eff. June 21, 1989
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.17a - Dissolution of Metropolitan District; Petition; Submission of Ballot Question to Electors; Language; Form; Approval by Majority of Electors.

119.17a Dissolution of metropolitan district; petition; submission of ballot question to electors; language; form; approval by majority of electors.
Sec. 17a.
(1) In addition to the method for dissolving a metropolitan district as provided in section 16, the dissolution of a metropolitan district may be initiated by a petition signed by not less than 5% of the registered electors residing in the metropolitan district. The petition shall be filed with the county clerk of the county in which the largest number of registered electors in the metropolitan district reside as provided in section 646a(2) of the Michigan election law, 1954 PA 116, MCL 168.646a. The ballot question proposing the dissolution of the metropolitan district shall be submitted to the electors in the metropolitan district at the next regular election held in the metropolitan district that occurs not less than 84 days after the filing of the petition.
(2) The ballot question language for the proposed dissolution of the metropolitan district shall be in substantially the following form on the ballot:
"Shall the __________________________________________ be dissolved?
(legal name of metropolitan district)
Yes (__)
No (__).".
(3) If a majority of the electors in the metropolitan district voting at the election approve of the dissolution of the metropolitan district, the metropolitan district shall be dissolved within 2 years after the election as provided in section 17b.
History:
Add. 2012, Act 587, Imd. Eff. Jan. 7, 2013
2023 Michigan Compiled Laws › Chapter 119 - Metropolitan Districts › Act 312 of 1929 - The Metropolitan District Act (119.1 - 119.18) › Section 119.17b - Dissolution of Metropolitan District; Transfer of Powers, Duties, Assets, and Liabilities; Appointment of Board of Trustees; Duties.

119.17b Dissolution of metropolitan district; transfer of powers, duties, assets, and liabilities; appointment of board of trustees; duties.
Sec. 17b.
(1) If the dissolution of a metropolitan district is approved under section 17a, the legislative body of the metropolitan district is immediately dissolved and the powers and duties of the legislative body of the metropolitan district are transferred to the 5-member board of trustees as provided in subsection (2). In addition, all of the assets and liabilities of the metropolitan district are transferred to the the 5-member board of trustees as provided in subsection (2).
(2) Within 30 days after the election approving of the dissolution of the metropolitan district, the presiding or senior judge of probate of the county in which the largest number of registered electors of the metropolitan district reside, the county clerk of the county in which the largest number of registered electors of the metropolitan district reside, and the prosecuting attorney of the county in which the largest number of registered electors of the metropolitan district reside shall appoint a 5-member board of trustees composed of the following members who shall dissolve the metropolitan district:
(a) Two members who are elected county officers from the county in which the largest number of registered electors of the metropolitan district reside.
(b) Two members who are elected city, township, or village officers from a city, township, or village in the metropolitan district.
(c) One member who is a citizen residing in the metropolitan district.
(3) Within 2 years after the election approving the dissolution of the metropolitan district, the 5-member board of trustees as provided in subsection (2) shall do all of the following in order to dissolve the metropolitan district:
(a) Prepare or cause to be prepared the financial report as described in section 17(1)(b). A copy of the financial report shall be provided to the legislative body of each city, township, and village in the metropolitan district.
(b) Prepare a plan for the disposition of the assets and liabilities of the metropolitan district as provided in section 17(2).
(c) Deposit all records of the metropolitan district with the county clerk as provided in section 18.
(d) Notify the governor in writing of the dissolution.
History:
Add. 2012, Act 587, Imd. Eff. Jan. 7, 2013