Michigan Compiled Laws
3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25)
Section 74.18a - Disincorporation of Village; Procedure.

Sec. 18a.
(1) To initiate the disincorporation of a village, a petition signed by not less than 15% of the registered electors of the village requesting a vote on the question of whether the village shall disincorporate shall be filed with the township clerk.
(2) A petition shall designate the township or townships into which the village is proposed to be disincorporated. A village shall be disincorporated into the township or townships in which it is located, along existing township boundaries.
(3) After the petition is filed with the township clerk a petition affecting the village shall not be filed with the state boundary commission and a petition requesting disincorporation of the village into a different township shall not be filed under this act until the disincorporation process provided for by this act has concluded.
(4) Not more than 14 days after the petition is filed, the township clerk shall verify the signatures and determine the sufficiency of the petition. Unless the council proceeds under sections 23 to 23i of this chapter, if the clerk determines that the petition is sufficient, the question of the disincorporation of the village shall appear on the ballot at the next general or special election to be held in the village, subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The township clerk shall prepare the ballot language, in substantially the following form:
"Shall incorporation of the village of __________ be vacated?
( ) Yes
( ) No".
(5) The county election commission of the county in which the greatest number of electors of the village reside shall provide ballots for the election.
(6) The clerk and election officials of each township into which the village is proposed to be disincorporated shall conduct the election on the proposed disincorporation in the village and the portions of the township outside the boundaries of the village, respectively.
(7) If the election on the proposed disincorporation is to be held in conjunction with a general election or a state primary election immediately before a general election, the notices of close of registration and election shall be published as provided for by the state election laws. Otherwise, the county clerk of the county in which the greatest number of electors of the village reside shall publish the notices of close of registration and election. The notice of close of registration shall include the ballot language of the proposal.
(8) The results of the election on the proposed disincorporation shall be canvassed by the board of county canvassers of the county in which the village is located.
(9) The disincorporation of the village shall take place under this section only if 2/3 of the electors voting on the questions vote "yes". If the disincorporation is approved, the council shall immediately cause a transcript of all the proceedings in the case to be certified to both of the following:
(a) The county clerk of the county in which the village or the principal part of the village is located.
(b) The secretary of state.
History: Add. 1988, Act 33, Imd. Eff. Feb. 25, 1988 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005 ;-- Am. 2013, Act 52, Imd. Eff. June 11, 2013

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 61 - 75 - Villages

Act 3 of 1895 - The General Law Village Act (61.1 - 75.12)

3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25)

Section 74.1 - Village; Construed.

Section 74.2 - Village Not to Own Stock.

Section 74.3 - Affidavit or Certificate of Publication; Filing; Evidence.

Section 74.4 - Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.

Section 74.5 - Board of Trustees; Construction.

Section 74.6 - Changing Boundaries; Order, Copy to Secretary of State, Evidence.

Section 74.6a - Petition for Annexation or Detachment; Prohibition.

Section 74.7 - Reincorporation of Villages; Repeal.

Section 74.8 - Reincorporation of Villages; Rights, Obligations; Remedies.

Section 74.9 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

Section 74.10 - Reincorporation; Existing By-Laws, Ordinances, Rules and Regulations.

Section 74.11 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

Section 74.12 - Reincorporation; Granted Licenses.

Section 74.13 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

Section 74.15 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

Section 74.17, 74.18 - Repealed. 1988, Act 33, Imd. Eff. Feb. 25, 1988.

Section 74.18a - Disincorporation of Village; Procedure.

Section 74.19 - Vacating Incorporation of Village; Submission of Transcript to County Board of Commissioners.

Section 74.20 - Vacation of Village Incorporation; Disposition of Village Property; Assessment; Levy; Placement in Separate Fund.

Section 74.21 - Vacation of Village Incorporation; Apportionment of Indebtedness; Village in More Than One Township or County.

Section 74.22 - Placing Property Outside Corporate Limits; Procedure; Resolution, Board of Supervisors.

Section 74.23 - Resolution for Election of Procedures.

Section 74.23a - Disincorporation Commission; Composition; Appointment of Members.

Section 74.23b - Disincorporation Commission; Oath of Office; Vacancy.

Section 74.23c - Disincorporation Commission; Chairperson; Secretary; Officers; Bylaws; Quorum; Conducting Business at Public Meetings.

Section 74.23d - Disincorporation Commission; Contract for Consultants and Advisors; Funds.

Section 74.23e - Disincorporation Plan; Elements to Be Included; Findings.

Section 74.23f - Disincorporation Plan; Submission; Ratification.

Section 74.23g - Disincorporation Plan; Approval; Ballot; Form; Special Election; Failure of Commission to Adopt Plan.

Section 74.23h - Disincorporation; Approval by Electors.

Section 74.23i - Filing New Petition; Limitation.

Section 74.24 - Modification of Act.

Section 74.25 - Short Title.