Michigan Compiled Laws
Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38)
Section 117.13 - Effective Date of Incorporation, Consolidation, Attachment or Detachment; Certificate of Board of County Canvassers; Representation, Transfer of Property, Governmental Function.

Sec. 13.
On the filing in the office of the secretary of state and the clerk of the county or counties within which the city or proposed city is located, of a copy of the petition, and of every resolution, affidavit or certificate necessarily following such petition, with the certificate of the board of county canvassers attached, showing that the purposes of such petition have been approved by a majority of the electors voting thereon, as provided in this act, which shall also give the number of votes cast on such proposition and the number cast for and against the same, the territory described in said petition shall be duly and legally consolidated as 1 city, or attached to or detached from the city named in such petition, as the case may be, and such petition and the subsequent proceedings thereunder shall be duly recorded in each of said offices in a book to be kept for that purpose, and either of such records or certified copies thereof shall be prima facie evidence of the consolidation or change of boundaries prayed for in such petition. Territory detached from any city shall thereupon become a part of the township or village from which it was originally taken: Provided, however, That when an incorporated city or village is annexed to and incorporated with a city, such annexed territory shall constitute 1 or more separate wards of the city to which it is annexed and have representation in the legislative body of such city to which it is annexed: Provided, The territory so annexed shall have a population equivalent to the approximate population of 1 or more wards of the city to which it is annexed: Provided, however, That in the case of annexation of part of a township to a city, the effective date of such annexation shall be 60 days after the date of the election unless the board of supervisors of the county shall by resolution fix another date not less than 30 days after the election, and in the case of annexation of an entire township to a city the effective date of the annexation shall be 90 days after the date of the election unless the board of supervisors of the county shall by resolution fix another date not less than 45 days after the date of the election: Provided further, That in case of a vote on the incorporation of a new city, such proposed city shall not be deemed incorporated until a charter has been adopted and filed as hereinafter provided: Provided further, That no property, real or otherwise, owned by any such governmental unit or portion thereof shall be disposed of, nor shall any transfer of governmental function be made prior to such effective date, except by joint agreement of the legislative bodies of the units of government, nor shall any funds be expended except in payment of the costs of operation of normal business of said township.
History: 1909, Act 279, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 81, Eff. Aug. 1, 1911 ;-- CL 1915, 3316 ;-- Am. 1917, Act 233, Eff. Aug. 14, 1917 ;-- CL 1929, 2249 ;-- CL 1948, 117.13 ;-- Am. 1952, Act 35, Eff. Sept. 18, 1952 ;-- Am. 1956, Act 77, Eff. Aug. 11, 1956

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 117 - Home Rule Cities

Act 279 of 1909 - The Home Rule City Act (117.1 - 117.38)

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 Cand...

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 o...

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 Compl...

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 117.4u - Retirement Benefits Subject to Protecting Local Government Retirement and Benefits Act; "Retirement Benefit" Defined.

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...

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 117.5k - Public-Private Agreement for Public Bridge Facility; Requirements; User Fee; Scope of Section; Hearing; Definitions.

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; Quo...

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...

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...

Section 117.37 - Saving Clause.

Section 117.38 - Construction of Act.