Michigan Compiled Laws Act 278 Of 1909 The Home Rule Village Act (78.1 - 78.28)***** 78.24d Sub§ (1) Does Not Apply After December 31, 2006: See Subsection (2) *****

• Section 78.1 Short Title; Corporate Existence Of Villages To Continue; Village Subject To General Laws; Seal; Suit.
  (1) This act shall be known and may be cited as “the home rule village act”. (2) All villages within this state incorporated before...
• Section 78.1a Conducting Business At Public Meeting; Notice Of Meeting; Availability Of Certain Writings To Public.
  (1) The business which a charter commission or a legislative body of a village may perform shall be conducted at a public meeting of...
• Section 78.1b 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 78.2 Incorporation, Detachment Or Addition Of Territory, Or Consolidation; Petition; Signatures; Incorporation Of Summer Resort Association; Proceedings; Certification; Appointment, Oath, Duties, And Compensation Of Enumerators; Sworn Statement; “qualified Electors” Defined.
  Villages may be incorporated or territory detached therefrom or added thereto, or consolidation made of 2 or more villages into 1 village by proceedings...
• Section 78.2a Violation Of Mcl 168.1 To 168.992 Applicable To Petitions; Penalties.
  Except as otherwise provided in this section, a petition under section 2, 3, 4, 7, 11, 12, 13, 14, or 17, including the circulation...
• Section 78.3 Petitions; Contents.
  Said petition shall accurately describe the proposed boundaries of the village or of the territory to be annexed thereto or detached therefrom and if...
• Section 78.4 Petition; Presentation; Action Of County Board Of Commissioners; Resolution; Vote; Review.
  (1) A petition under section 2 shall be addressed to the county board of commissioners of the county in which the territory to be...
• Section 78.5 Incorporation, Consolidation Or Change Of Boundaries; Affected District; Referendum; Authorizing Vote.
  The district to be affected by every such proposed incorporation, consolidation or change of boundaries, shall be deemed to include the whole of each...
• Section 78.5a Annexation; Petition; Vote; Approval Of Adjoining City, Village Or Township.
  Where the territory proposed to be annexed is adjacent to a village and consists of fractional parts of platted subdivision lots, located in an...
• Section 78.6 Petition And Resolution; Certified Copies, Transmittal To Local Clerks, Time; Election Notices.
  The county clerk shall, within 3 days after the passage of the resolution provided for in section 4 of this act, transmit a certified...
• Section 78.7 Villages In More Than 1 County; Incorporation, Consolidation Or Change In Boundary; Procedure.
  (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 78.8 Returns Canvass.
  The returns by the several boards of election inspectors shall be made to the clerk of the county in which the village or proposed...
• Section 78.9 Proceedings; Copy Filed With Secretary Of State; Recording; Change Effected; Certificate To State Treasurer; Time.
  (1) On the filing in the office of the secretary of state and the clerk of the county or counties within which the village...
• Section 78.10 Annexation Of Entire Village Or Township; Incorporation Of Village From Part Of Township; Annexation Of Part Of City, Village, Or Township By Village.
  Whenever an entire village or township is annexed to a village, the village to which it is annexed shall succeed to the ownership of...
• Section 78.11 New Village; Charter Commission, Election, Manner, Duties, Oath; Proposed Charter, Vote, Manner; Notices.
  At every election on the question of incorporation of a new village, each elector residing within its proposed territorial limits shall also be entitled...
• Section 78.12 Village Charter; Rejection; Effect; President De Facto; Resubmission; Revert To Prior Status.
  (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 78.13 Village Charter; New Charter Commission, Petition, Procedure, Duties; Eligibility; Expenses, Payment; Territory, Control.
  In cases where the qualified electors of a village shall reject a proposed charter, any 100 electors of said village may petition the de...
• Section 78.14 Village Charter; Revision.
  Any village desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter: When its legislative body shall...
• Section 78.15 Election Of Charter Commission; Details Fixed By 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 manner...
• Section 78.16 Charter Commission; Quorum.
  A majority of those elected shall constitute a quorum of the commission and its powers and duties shall be the same as those prescribed...
• Section 78.17 Charter; Amendments, Submission.
  Any amendment to any existing charter, whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature,...
• Section 78.18 Charter Commission; Prosecuting Attorneys To Give Advice; Charter Vote Prerequisites.
  It shall be the duty of the prosecuting attorneys of the several counties, to give advice to any and all charter commissions of this...
• Section 78.19 Charter; Publication Prerequisites.
  Every charter and amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted or passed...
• Section 78.20 Charter Of Amendment; Approval; Filing Time.
  If the charter or any amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted...
• Section 78.21 Election; Expenses; Manner Of Conducting.
  (1) All elections held under this act shall be paid for as provided by the Michigan election law, 1954 PA 116, MCL 168.1 to...
• Section 78.22 Police Officers Of Village; Powers.
  When any person has committed or is suspected of having committed any crime or misdemeanor within a village, whether incorporated under the provisions of...
• Section 78.22a District Court Or Municipal Court; Hearing And Determining Cases.
  The district court or municipal court in the judicial district in which a village is located shall hear and determine all cases that occur...
• Section 78.22b Police Officer; Authority To Execute Bench Warrant.
  A police officer of a village has the same authority within the village as a deputy sheriff to execute a bench warrant for arrest...
• Section 78.23 Village Charter; Mandatory Provisions.
  Each village charter shall provide for all of the following: (a) The election of and compensation for a president who shall be the executive...
• Section 78.24 Village Charter; Permissible Provisions.
  A village may provide in its charter for 1 or more of the following: (a) The regulation of a trade, occupation, or amusement within...
• Section 78.24a Codification Of Ordinances.
  Each village shall have the power, whether provided in its charter or not, to codify, recodify, and continue in code the village's municipal ordinances,...
• Section 78.24b Energy Conservation Improvements; Resolution; Payment; Scope Of Improvements; Acquisition Of Improvements By Contracts Or Notes; Reports; Forms.
  (1) The governing body of a village may provide by resolution for energy conservation improvements to be made to village facilities and may pay...
• Section 78.24c Acquisition Of Land For Disposal Of Sewage Or Protection Of Water Supply.
  A village may acquire land outside its corporate limits necessary for the disposal of sewage or the obtaining or protection of a water supply...
• Section 78.24d Staggered Terms Of Office; Resolution; Length Of Initial Terms; Applicability Of Subsection (1).
  78.24d Staggered terms of office; resolution; length of initial terms; applicability of subsection (1).Sec. 24d. (1) Notwithstanding any charter provision, a village may pass a...
• Section 78.25 Statutory Provisions; Adoption.
  Each village may adopt as its charter or any part of the same, any chapter, act or section of the statutes of this state...
• Section 78.25a Ordinance; Designation Of Violation As Civil Infraction; Civil Fine; Act Or Omission Constituting Crime.
  (1) Consistent with any of the following statutes and whether or not authorized by the village charter, the village council may adopt an ordinance...
• Section 78.25b Recreational Trailway; Posting Of Ordinance; Prohibited Violation Of Ordinance 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 78.26 Prohibited Powers.
  (1) A village shall not do any of the following: (a) Submit to the electors a charter or a revision of a charter more...
• Section 78.26a 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 78.27 Village Charter; Prohibited Conflicts.
  No provision of any village charter shall conflict with or contravene the provisions of any general law of the state, except as in section...
• Section 78.28 Construction Of Act.
  It is hereby intended by this act to reenact sections 17, 18, 19 and 20, as above amended, pursuant to the adoption of the...

Last modified: October 10, 2016