Michigan Compiled Laws Act 279 Of 1909 The Home Rule City Act (117.1 - 117.38)***** 117.3b Sub§ (1) Does Not Apply After December 31, 2006: See Subsection (2) *****

• Section 117.1 Body Corporate.
  Each organized city shall be a body corporate. History: 1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3304 ;-- CL 1929, 2228...
• Section 117.1a Short Title.
  This act shall be known and may be cited as “the home rule city act”. History: Add. 1945, Act 15, Eff. Sept. 6, 1945...
• Section 117.1b Emergency Financial Manager; Authority And Responsibilities.
  Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101...
• Section 117.2 Saving Clause.
  Each city now existing shall continue with all its present rights and powers until otherwise provided by law. History: 1909, Act 279, Eff. Sept....
• Section 117.3 Mandatory Charter Provisions.
  Each city charter shall provide for all of the following: (a) The election of a mayor, who shall be the chief executive officer of...
• 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.
  (1) A city that has a population of not less than 750,000 as determined by the most recent federal decennial census and that has...
• Section 117.3b Terms Of Office; Staggered Terms; Resolution; Initial Terms; Applicability Of Subsection (1).
  117.3b Terms of office; staggered terms; resolution; initial terms; applicability of subsection (1).Sec. 3b. (1) Notwithstanding any charter provision, the city may provide by resolution...
• Section 117.4 Conduct Of Racing Event Under Mcl 257.1701 et Seq.; Powers And Duties.
  A city may permit the conducting of a racing event under the “city motor vehicle racing act of 1981” and shall have the powers...
• 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.
  (1) Each city in its charter may provide for the borrowing of money on the credit of the city and issuing bonds for the...
• Section 117.4b Refunds; Bonds; Sewers; Waterworks; Lighting; Permissible Charter Provisions.
  Each city may in its charter provide: (1) For refunding money advanced or paid on special assessments imposed, for water main extensions; for borrowing...
• Section 117.4c Permissible Charter Provisions.
  Each city which is authorized to acquire, own, purchase, construct or operate any public utility, may provide in its charter for the issuance of...
• Section 117.4d Permissible Charter Provisions; Assessing Costs Of Public Improvement And Boulevard Lighting System; Definitions.
  (1) Each city may in its charter provide: (a) For assessing and reassessing the costs, or a portion of the costs, of a public...
• Section 117.4e Public Property; Condemnation Of Private Property; Permissible Charter Provisions.
  Each city may in its charter provide: (1) For the acquisition by purchase, gift, condemnation, lease, construction or otherwise, either within or without its...
• Section 117.4f Permissible City Charter Provisions.
  Each city may in its charter provide for any of the following: (a) For the purchase or condemnation of franchises, if any exist, and...
• Section 117.4g Rapid Transit System; Permissible Charter Provisions.
  Each city may in its charter provide: (1) For the acquisition by construction, condemnation or purchase and for the ownership, equipment, possession, leasing, operation...
• Section 117.4h Public Ways; Permissible Charter Provisions.
  Each city may in its charter provide: (1) For the use, regulation, improvement and control of the surface of its streets, alleys and public...
• Section 117.4i Permissible Charter Provisions.
  Each city may provide in its charter for 1 or more of the following: (a) Laying and collecting rents, tolls, and excises. (b) Regulating...
• Section 117.4j City Departments; Special Acts; Municipal Powers; Permissible Charter Provisions.
  Each city may in its charter provide: (1) For the establishment of any department that it may deem necessary for the general welfare of...
• Section 117.4k Civic, Artistic, And Cultural Activities; Public Funds.
  Each city in its charter may provide for the appropriation and allocation of public funds to a public or private nonprofit institution engaged within...
• Section 117.4l Ordinance; Designation As Civil Infraction Or Blight Violation; Civil Fine; Act Or Omission Constituting Crime.
  (1) Consistent with any of the following statutes and whether or not authorized by the city charter, the legislative body of a city may...
• Section 117.4m Ordinance Regulating Recreational Trailway; Posting; Violation As Municipal Civil Infraction; Penalty.
  (1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the...
• Section 117.4n Medical Facility For Public Purpose; Establishment, Operation, Or Maintenance By Private Nonprofit Corporation.
  Each city may in its charter provide for the city or 1 or more of its public corporations to become a member or joint...
• Section 117.4o Formation Of Nonprofit Corporation By City.
  (1) The legislative body of a city may by ordinance or resolution authorize the formation of a nonprofit corporation under the nonprofit corporation act,...
• 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.
  (1) For a city with a population of more than 600,000 or that has discharged $1,000,000,000.00 of pension liabilities in bankruptcy, or both, that...
• Section 117.4q Administrative Hearings Bureau; Establishment; Administrative Hearings; Procedures; Appeal; Effect Of Nonpayment Of Civil Fine Or Costs; "Person" Defined.
  (1) A city that has a population of 7,500 or more and is located in any county, or a city that has a population...
• 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.
  (1) If a defendant does not pay a civil fine or costs or an installment payment ordered by a hearing officer under section 4q...
• Section 117.4s Population More Than 600,000; Chief Financial Officer.
  (1) Notwithstanding a charter provision or ordinance to the contrary, a city with a population of more than 600,000 shall establish the position of...
• Section 117.4t Population More Than 600,000; Requirements; Appropriations.
  (1) Notwithstanding a charter provision or ordinance to the contrary, for a city with a population of more than 600,000, all of the following...
• Section 117.5 Prohibited Powers.
  (1) A city does not have power to do any of the following: (a) To increase the rate of taxation now fixed by law,...
• Section 117.5a Membership In Certain Societies Not To Affect Employment.
  No city shall have power to deny employment to any person for the reason that he is a member of any society which is...
• Section 117.5b Code Of Municipal Ordinances; Publication.
  Each city shall have power, whether provided in its charter or not, to codify, recodify and continue in code its municipal ordinances, in whole...
• 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.
  In place of a charter provision existing on December 31, 1972 establishing the salaries or the procedure for determining salaries of elected officials, the...
• Section 117.5d Locomotives; Enforceability Of Ordinance Prescribing Maximum Speed Limit.
  Notwithstanding any other provision of this act, on and after the effective date of a passenger railroad maximum speed limit specified in a final...
• Section 117.5e Municipal Water Or Sewage System; Annual Audit; Public Hearing Before Proposed Rate Increase.
  A municipal water or sewage system established by a city incorporated under this act which serves more than 40% of the population of the...
• Section 117.5f Energy Conservation Improvements; Resolution; Payment; Scope Of Improvements; Acquisition Of Improvements By Contracts Or Notes; Reports; Forms.
  (1) The legislative body of a city may provide by resolution for energy conservation improvements to be made to city facilities and may pay...
• Section 117.5g Flood Control Project.
  The legislative body of a city may provide by resolution for a flood control project financed in any manner that is authorized by statute...
• Section 117.5h Regulation Or Prohibition Of Public Nudity; “public Nudity” Defined.
  (1) Whether or not so provided in its charter, a city may, by ordinance, regulate or prohibit public nudity within city boundaries. (2) As...
• Section 117.5i Snow Removal From Streets, Mosquito Abatement, And Security Services Provided By Private Contractors; Special Assessment.
  (1) Whether or not authorized by its charter, a city with a population of more than 600,000 may provide by ordinance a procedure to...
• Section 117.5j Sewer Separation; Authorization; Ordinance; Special Assessment.
  A city, in order to protect the public health, may adopt an ordinance to provide for the separation of storm water drainage and footing...
• Section 117.6 Incorporation, Consolidation, Or Alteration Of Boundaries; Petition; Signatures; Deposit; Enumeration.
  Cities may be incorporated or territory detached therefrom or added thereto, or consolidation made of 2 or more cities or villages into 1 city,...
• Section 117.7 Incorporation, Consolidation Or Alteration Of Boundaries; Fifth Class Cities; Population Requisites; Representation On Board Of Supervisors.
  Said petition shall accurately describe the proposed boundaries of the city, or of the territory to be annexed thereto or detached therefrom, and if...
• Section 117.8 Incorporation, Consolidation, Or Alteration Of Boundaries; Petition; Filing; Resolution; Adoption.
  (1) Subject to subsections (2) and (3), a petition filed under section 6 shall be addressed to the county board of commissioners of the...
• Section 117.8a Incorporation, Consolidation Or Alteration Of Boundaries; Filing Substitute Petition; Action By Supervisors.
  In case a petition has been filed with the clerk pursuant to section 8, and subsequently another petition is filed by other petitioners proposing...
• Section 117.9 Incorporation, Consolidation, Or Change Of Boundaries; Governing Law; Affected District; Petition Or Resolution For Annexation; Voting; Duties Of Commission.
  (1) In the event of a conflict between the provisions of this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding an incorporation...
• Section 117.9a Annexation Of Township Remnant Territory To Home Rule City; Procedure.
  Whenever the process of incorporation, consolidation, or annexation leaves a portion of a township with no qualified electors residing in that portion and without...
• 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.
  (1) In addition to the detachment procedures otherwise authorized by this act, territory may be detached from a city if all of the following...
• Section 117.9c Repealed. 1986, Act 64, Eff. July 1, 1986.
  Compiler's Notes: The repealed section pertained to an alternate method of annexation.
• Section 117.10 Certified Copies Of Petition And Resolution; Transmittal; Election Notices.
  The county clerk shall, within 3 days after the passage of the resolution provided for in section 8 of this act, transmit a certified...
• Section 117.11 Petition For Incorporation, Consolidation, Or Change Of Boundaries; Affidavit; Filing With Secretary Of State; Certification; Notice; Election.
  (1) If the territory to be affected by a proposed incorporation, consolidation, or change of boundaries is situated in more than 1 county, the...
• Section 117.12 Election Returns; Canvass; Village Clerk, Duties.
  The returns by the several boards of election inspectors shall be made to the clerk of the county in which the city or proposed...
• Section 117.13 Effective Date Of Incorporation, Consolidation, Attachment Or Detachment; Certificate Of Board Of County Canvassers; Representation, Transfer Of Property, Governmental Function.
  On the filing in the office of the secretary of state and the clerk of the county or counties within which the city or...
• Section 117.14 Incorporation Or Annexation.
  Whenever an incorporated village is incorporated as a city, without change of boundaries, such city shall succeed to the ownership of all the property...
• Section 117.14a Petition For Vacating Incorporation; Initiation; Election; Certification; Assets, Disbursement; Debts And Obligations.
  Whenever the qualified electors of any city incorporated under the provisions of this act shall file a petition with the city clerk, which petition...
• Section 117.14b Relocation Of Common Boundaries.
  Whenever the boundaries between cities lying within the same county and subject to this act divide platted lots, or are affected by the relocation...
• 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.
  (1) At an election on the question of the intent to incorporate a new city, or to make a consolidation permitted by this act,...
• Section 117.15a Incorporation; Expenses Of Charter Commission; Payment.
  When the residents of a township have voted to incorporate the entire township or fractional part thereof as a city, the township or townships...
• 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.
  (1) If the proposed charter is rejected at an election, the election of officers is void, except that the elector who receives the highest...
• Section 117.17 Incorporation; New Charter Commission, Petition, Procedure, Eligibility, Duties, Expenses; Control Of Territory Pending Adoption; Date Of Incorporation; Voting Franchise.
  In cases where the qualified electors of a proposed city shall reject a proposed charter, any 300 electors of said proposed city may petition...
• Section 117.18 Incorporation; Revision Of Charter, Procedure, Commission, Advisory Vote; Incorporation Of Provision In Original Charter Granted By Legislature.
  Any city desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter; when its legislative body shall...
• Section 117.19 Charter; Duty Of Legislative Body.
  The legislative body of the municipality unless it is otherwise provided, shall fix in advance of the election of a charter commission the place...
• Section 117.20 Charter Commission; First Meeting; Duties Of City Clerk; Powers And Duties Of Commission; Roll Call; Vacancy; Compensation; Quorum; Public Sessions.
  The charter commission shall convene on the second Tuesday after the election at the place designated pursuant to section 19. The city clerk shall...
• Section 117.21 Charter Amendment; Procedure.
  (1) An amendment to an existing city charter, whether the charter was adopted under this act or formerly granted or passed by the legislature...
• Section 117.22 Charter Amendment; Submission To Governor, Approval; Re-consideration.
  Every amendment to a city charter whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature...
• Section 117.23 Publication Of Proposed Charter And Amendments; Submission Of Charter And Separate Propositions To Electors; Adoption; Ballot.
  (1) A proposed city charter and each amendment to an existing city charter before submission to the electors, shall be published as the charter...
• Section 117.24 Charters Or Amendments; Filing; Effective Date.
  If the charter, or any amendment thereto, whether of cities incorporated under the provisions of this act, or under an existing charter of the...
• 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.
  (1) An initiatory petition authorized by this act shall be addressed to and filed with the city clerk. The petition shall state what body,...
• Section 117.25a Violation Of Mcl 168.1 To 168.992 Applicable To Petitions; Penalties.
  Except as otherwise provided in this section, a petition under section 3, 5, 5c, 6, 7, 8, 8a, 9(5), 11, 14a, 15, 16, 17,...
• Section 117.26 Elections; General Provisions; Applicability Of Mcl 168.641.
  (1) All elections held under this act shall be paid for by the locality where held. Except as otherwise provided by law or ordinance,...
• Section 117.27 Repealed. 1966, Act 261, Eff. Mar. 10, 1967.
  Compiler's Notes: The repealed section pertained to determination of representation by cities on county board of supervisors.
• Section 117.27a Apportionment Of Wards; Definitions.
  (1) For the purposes of this section: (a) “Local legislative body” means the council, common council or commission of a city. (b) “Ward” means...
• Section 117.27b Board Of Review; Appointment Of Members, Functions.
  When the charter of any city heretofore adopted provides that the city representatives on the board of supervisors of the county shall be members...
• Section 117.28 Charter Change; Laws In Force; Justice And Police Courts, Justices, Charter Provisions, Ordinances.
  In all cities now organized, which may hereafter amend or revise their charters under the provisions of this act, all of the provisions of...
• Section 117.28a Municipal Courts In Cities In Certain Counties; Civil Jurisdiction.
  In counties having a population of less than 100,000 in which municipal courts are now or may be established, said courts shall have such...
• Section 117.28b Municipal Courts In Cities In Certain Counties; Attorney Fees Based On Amount Of Judgment.
  In all cases, in any municipal court now or hereafter established under the provisions of this act, where a contested trial takes place, and...
• Section 117.29 Recovery And Enforcement Of Fines, Penalties, And Forfeitures; Violations; Administrative Hearings.
  (1) Except as provided in subsection (2), the district court, a municipal court, or the circuit court, as provided by law, may hear, try,...
• Section 117.30 Appeal To Circuit Court; Recognizance Or Bond.
  In all actions and prosecutions arising under the charter and ordinances of the city the right of appeal to the circuit court of the...
• Section 117.31 Disposition Of Fines.
  All fines collected or received by the district court for or on account of violations of the charter or ordinances of the city, shall...
• Section 117.32 Constables; Election Or Appointment; Powers And Duties; Salary; Fees; Provisions Inapplicable To Certain Cities; Compliance With Minimum Employment Standards.
  (1) Except as provided in subsection (3), there may be elected or appointed in each city 1 or more constables who shall have the...
• Section 117.33 Constables; Election, Qualification, And Compensation.
  The provisions of the general law applying to the election, qualification, and compensation of constables in townships shall apply to the constables provided for...
• Section 117.34 Police Officers; Powers.
  When any person has committed or is suspected of having committed any crime or misdemeanor within a city, or has escaped from any city...
• Section 117.34a Police Officer Or Constable; Authority To Execute Bench Warrant.
  A police officer of a city or, if authorized by the legislative body, a constable of a city has the same authority within the...
• Section 117.35 Acquisition Of Property; Condemnation Or Purchase Proceedings.
  Any city may acquire by purchase or condemnation proceedings any lands within or without its corporate limits necessary for disposing of sewage or for...
• Section 117.35a General Obligation Bonds; Issuance; Conditions.
  Any municipality with a population of 750,000 or more may issue general obligation bonds and other evidences of debt for all lawful purposes in...
• Section 117.36 Charter Provisions; Conflict.
  No provision of any city charter shall conflict with or contravene the provisions of any general law of the state. History: 1909, Act 279,...
• 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.
  (1) Except as otherwise provided under this section, if a financial emergency exists under the local financial stability and choice act, 2012 PA 436,...
• Section 117.37 Saving Clause.
  All charters heretofore formulated and all proceedings of charter commissions heretofore had under this act are hereby validated and made effectual so far as...
• Section 117.38 Construction Of Act.
  It is intended by this act to re-enact sections 21, 22, 23 and 24, as above amended pursuant to the adoption of the amendment...

Last modified: October 10, 2016