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Village Charter; Rejection, Effect; President De Facto; Resubmission; Revert To Prior Status - Mich. Comp. Laws Section 78.12

Legal Research Home > Michigan Lawyer > Villages > Village Charter; Rejection, Effect; President De Facto; Resubmission; Revert To Prior Status - Mich. Comp. Laws Section 78.12

THE HOME RULE VILLAGE ACT (EXCERPT)
Act 278 of 1909


78.12 Village charter; rejection, effect; president de facto; resubmission; revert to prior status.

Sec. 12.

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 president shall nevertheless be a de facto officer of such village, until a president for such village is elected and qualified pursuant to a charter of which the electors have approved, and the president 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 upon such notice the said charter commission shall reconvene and within 60 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 village 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 village have, by a majority vote, approved a charter for said village: 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 village, and if rejected 3 times, or in the event that no charter is or has been adopted by the electors of said village during a period of 2 years following the election on the question of the incorporation of said village, the township clerk of the township in which said village 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 village is located and the territory of said village shall thereupon revert to the status existing prior to the filing of the petition required by section 2 of this act, and the office of each charter commissioner and de facto officer of the village shall terminate and cease to exist.


History: 1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2854 ;-- CL 1929, 1774 ;-- CL 1948, 78.12 ;-- Am. 1952, Act 20, Eff. Sept. 18, 1952

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