There is a newer version of the Michigan Compiled Laws
2016 Michigan Compiled Laws
Chapter 117 - Home Rule Cities
Act 279 of 1909 THE HOME RULE CITY ACT (117.1 - 117.38)
AN ACT to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates.
History: 1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 203, Eff. Aug. 1, 1911 ;-- Am. 1913, Act 5, Imd. Eff. Mar. 11, 1913 ;-- Am. 1973, Act 81, Imd. Eff. July 31, 1973 ;-- Am. 1981, Act 175, Imd. Eff. Dec. 14, 1981 ;-- Am. 1986, Act 64, Imd. Eff. Mar. 31, 1986 ;-- Am. 1998, Act 150, Eff. Mar. 23, 1999
- Section 117.1 Body corporate.
- Section 117.1a Short title.
- Section 117.1b Emergency financial manager; authority and responsibilities.
- Section 117.2 Saving clause.
- Section 117.3 Mandatory charter provisions.
- Section 117.3a Abolishment of at-large city council; election of members from single-member election districts; ballot question; approval; determination of city council president; adoption of apportionment plan by commission; qualifications of candidates; rules and procedures; amendment of charter.
- Section 117.3b Terms of office; staggered terms; resolution; initial terms; applicability of subsection (1).
- Section 117.4 Conduct of racing event under MCL 257.1701 et seq.; powers and duties.
- Section 117.4a Borrowing money and issuing bonds; net indebtedness; limitation; computation; borrowing in case of fire, flood, or other calamity; incurring obligation for construction, renovation, or modernization of hospital; bonds as obligation of special assessment district and city; validation of bonds issued and obligations incurred before July 31, 1973.
- Section 117.4b Refunds; bonds; sewers; waterworks; lighting; permissible charter provisions.
- Section 117.4c Permissible charter provisions.
- Section 117.4d Permissible charter provisions; assessing costs of public improvement and boulevard lighting system; definitions.
- Section 117.4e Public property; condemnation of private property; permissible charter provisions.
- Section 117.4f Permissible city charter provisions.
- Section 117.4g Rapid transit system; permissible charter provisions.
- Section 117.4h Public ways; permissible charter provisions.
- Section 117.4i Permissible charter provisions.
- Section 117.4j City departments; special acts; municipal powers; permissible charter provisions.
- Section 117.4k Civic, artistic, and cultural activities; public funds.
- Section 117.4l Ordinance; designation as civil infraction or blight violation; civil fine; act or omission constituting crime.
- Section 117.4m Ordinance regulating recreational trailway; posting; violation as municipal civil infraction; penalty.
- Section 117.4n Medical facility for public purpose; establishment, operation, or maintenance by private nonprofit corporation.
- Section 117.4o Formation of nonprofit corporation by city.
- Section 117.4p City with population more than 600,000 or discharge of $1,000,000,000.00 in pension liabilities; defined benefit plan; retirement benefits for employees hired after July 1, 2023; health care insurance benefits; certification of compliance; definitions.
- Section 117.4q Administrative hearings bureau; establishment; administrative hearings; procedures; appeal; effect of nonpayment of civil fine or costs; "person" defined.
- Section 117.4r Nonpayment of civil fine or costs or installment payment by defendant; lien; recording; enforcement; priority; collection of judgment; duration of lien; default; limitation on commencement of enforcement action.
- Section 117.4s Population more than 600,000; chief financial officer.
- Section 117.4t Population more than 600,000; requirements; appropriations.
- Section 117.5 Prohibited powers.
- Section 117.5a Membership in certain societies not to affect employment.
- Section 117.5b Code of municipal ordinances; publication.
- Section 117.5c Local officers compensation commission; creation; purpose; appointment, qualifications, and terms of members; vacancies; determination of salaries; expenses; meetings; quorum; concurrence of majority required; election of chairperson; compensation of members; conducting business at public meeting; notice of meeting; availability of certain writings to public; resolution; changing procedure; petition for referendum.
- Section 117.5d Locomotives; enforceability of ordinance prescribing maximum speed limit.
- Section 117.5e Municipal water or sewage system; annual audit; public hearing before proposed rate increase.
- Section 117.5f Energy conservation improvements; acquisition or financing; resolution; payment; scope of improvements; acquisition of improvements by contract, lease-purchase agreement, or notes; reports; forms; terms of lease-purchase agreement.
- Section 117.5g Flood control project.
- Section 117.5h Regulation or prohibition of public nudity; “public nudity” defined.
- Section 117.5i Snow removal from streets, mosquito abatement, and security services provided by private contractors; special assessment.
- Section 117.5j Sewer separation; authorization; ordinance; special assessment.
- Section 117.6 Incorporation, consolidation, or alteration of boundaries; petition; signatures; deposit; enumeration.
- Section 117.7 Incorporation, consolidation or alteration of boundaries; fifth class cities; population requisites; representation on board of supervisors.
- Section 117.8 Incorporation, consolidation, or alteration of boundaries; petition; filing; resolution; adoption.
- Section 117.8a Incorporation, consolidation or alteration of boundaries; filing substitute petition; action by supervisors.
- Section 117.9 Incorporation, consolidation, or change of boundaries; governing law; affected district; petition or resolution for annexation; voting; duties of commission.
- Section 117.9a Annexation of township remnant territory to home rule city; procedure.
- Section 117.9b Detachment of territory from city; conditions; intergovernmental agreement imposing conditions on detachment; reannexation to detaching city; detached territory not subject to annexation.
- Section 117.9c Repealed. 1986, Act 64, Eff. July 1, 1986.
- Section 117.10 Certified copies of petition and resolution; transmittal; election notices.
- Section 117.11 Petition for incorporation, consolidation, or change of boundaries; affidavit; filing with secretary of state; certification; notice; election.
- Section 117.12 Election returns; canvass; village clerk, duties.
- Section 117.13 Effective date of incorporation, consolidation, attachment or detachment; certificate of board of county canvassers; representation, transfer of property, governmental function.
- Section 117.14 Incorporation or annexation.
- Section 117.14a Petition for vacating incorporation; initiation; election; certification; assets, disbursement; debts and obligations.
- Section 117.14b Relocation of common boundaries.
- Section 117.15 Election on question of intent to incorporate or consolidate; electors as members of charter commission; notice; preparation, form, and contents of ballot; expenses; procedure; canvass; certification of election; oath; vacancies; quorum; convening of charter commission; framing charter; conducting business at public meeting; notice of meeting; officers; rules; journal; roll call; nomination of candidates; holding election; publication of proposed charter; publishing and posting notice of election; polling places; canvassing results.
- Section 117.15a Incorporation; expenses of charter commission; payment.
- Section 117.16 Incorporation; rejection of charter; de facto mayor; duties; resubmission of charter, procedure; effect of nonadoption within 3 years of election to incorporate.
- Section 117.17 Incorporation; new charter commission, petition, procedure, eligibility, duties, expenses; control of territory pending adoption; date of incorporation; voting franchise.
- Section 117.18 Incorporation; revision of charter, procedure, commission, advisory vote; incorporation of provision in original charter granted by legislature.
- Section 117.19 Charter; duty of legislative body.
- Section 117.20 Charter commission; first meeting; duties of city clerk; powers and duties of commission; roll call; vacancy; compensation; quorum; public sessions.
- Section 117.21 Charter amendment; procedure.
- Section 117.22 Charter amendment; submission to governor, approval; re-consideration.
- Section 117.23 Publication of proposed charter and amendments; submission of charter and separate propositions to electors; adoption; ballot.
- Section 117.24 Charters or amendments; filing; effective date.
- Section 117.25 Initiatory petition; filing with city clerk; contents; verification; signatures and inscriptions; perjury and other felonies; punishment; canvass; certifying sufficiency or insufficiency of petition; causing proposed amendment to be submitted to electors; calling special election; submitting proposal at primary, regular, or special election called for other purposes; initiative proposal receiving majority of votes; proposal contemplating increased expenditure of funds; proposal increasing ad valorem property tax limitation; effective date; tax levy; action against city clerk.
- Section 117.25a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
- Section 117.26 Elections; general provisions; applicability of MCL 168.641.
- Section 117.27 Repealed. 1966, Act 261, Eff. Mar. 10, 1967.
- Section 117.27a Apportionment of wards; definitions.
- Section 117.27b Board of review; appointment of members, functions.
- Section 117.28 Charter change; laws in force; justice and police courts, justices, charter provisions, ordinances.
- Section 117.28a Municipal courts in cities in certain counties; civil jurisdiction.
- Section 117.28b Municipal courts in cities in certain counties; attorney fees based on amount of judgment.
- Section 117.29 Recovery and enforcement of fines, penalties, and forfeitures; violations; administrative hearings.
- Section 117.30 Appeal to circuit court; recognizance or bond.
- Section 117.31 Disposition of fines.
- Section 117.32 Constables; election or appointment; powers and duties; salary; fees; provisions inapplicable to certain cities; compliance with minimum employment standards.
- Section 117.33 Constables; election, qualification, and compensation.
- Section 117.34 Police officers; powers.
- Section 117.34a Police officer or constable; authority to execute bench warrant.
- Section 117.35 Acquisition of property; condemnation or purchase proceedings.
- Section 117.35a General obligation bonds; issuance; conditions.
- Section 117.36 Charter provisions; conflict.
- Section 117.36a Financial recovery bonds; amounts; terms and conditions; net indebtedness of city; limitations; city with population less than 10,000; "third-party tax collector" defined; refund; deposit of revenues into separate account for paying principal and interest; creation of lien and trust; ability of state treasurer to withhold distributable aid from city; city with population more than 600,000; bonds not subject to MCL 141.2101 to 141.2821.
- Section 117.37 Saving clause.
- Section 117.38 Construction of act.
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