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Incorporation; Rejection Of Charter; De Facto Mayor, Duties; Resubmission Of Charter, Procedure; Effect Of Nonadoption Within Two Years Of Election To Incorporate - Mich. Comp. Laws Section 117.16

Legal Research Home > Michigan Lawyer > Home Rule Cities > Incorporation; Rejection Of Charter; De Facto Mayor, Duties; Resubmission Of Charter, Procedure; Effect Of Nonadoption Within Two Years Of Election To Incorporate - Mich. Comp. Laws Section 117.16

THE HOME RULE CITY ACT (EXCERPT)
Act 279 of 1909


117.16 Incorporation; rejection of charter; de facto mayor, duties; resubmission of charter, procedure; effect of nonadoption within two years of election to incorporate.

Sec. 16.

If the proposed charter be rejected at such election the election of officers shall be void, except that the elector who shall receive the highest number of votes cast for the office of mayor shall nevertheless be a de facto officer of such proposed city, until a mayor for such proposed city is elected and qualified pursuant to a charter of which the electors have approved, and the mayor so elected shall, after the lapse of 10 days within which petitions for the selection of a new charter commission may be filed as hereinafter stated, if such petition has not been filed with him, by notice, require the said charter commission to reconvene and within 90 days after such notice provide such revision, amendment or amendments to the original draft of the charter previously prepared by them as to them shall seem fit. The proposed charter, with such amendment or amendments, shall be resubmitted to the qualified electors of said proposed city in the same manner and with like notice and proceedings as required in the first instance, which proceedings shall continue until the qualified electors of said proposed city have, by a majority vote, approved a charter for said proposed city: Provided, That any such proposed charter, as originally submitted or resubmitted with any such amendment or amendments, shall be submitted not to exceed 3 times to the qualified electors of said proposed city, and if rejected 3 times, or in the event that no charter is or has been adopted by the electors of said proposed city during a period of 2 years following the election on the question of the incorporation of said proposed city, the township clerk of the township in which said proposed city is located, or of that township having the largest portion of the population thereof, shall certify such fact to the secretary of state and to the county clerk, register of deeds, and circuit court of the county in which said proposed city is located, and the territory of said proposed city shall thereupon revert to the status existing prior to the filing of the petition required by section 6 of this act, and the office of each charter commissioner and de facto officer of the proposed city shall terminate and cease to exist, and any sum of moneys deposited with the county clerk according to section 6 of this act shall be paid by the county clerk into the general fund of the county.


History: 1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3319 ;-- CL 1929, 2252 ;-- Am. 1947, Act 201, Eff. Oct. 11, 1947 ;-- CL 1948, 117.16 ;-- Am. 1956, Act 77, Eff. Aug. 11, 1956

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Last modified: January 1, 2008