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1 chapters · 42 sections in this title.
Mich. Comp. Laws § 78.1 Short title; corporate existence of villages to continue; village subject to general laws; seal; suit.
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Sec. 1. (1) This act shall be known and may be cited as "the home rule village act". (2) All villages within this state incorporated before September 1, 1909 under any general or special act of the legislature shall continue their corporate character, and any general and special …
Mich. Comp. Laws § 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.
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Sec. 10. Whenever an entire village or township is annexed to a village, the village to which it is annexed shall succeed to the ownership of all the property of the village or township annexed and shall assume all of its debts and liabilities, and whenever part of a city, villag…
Mich. Comp. Laws § 78.11 New village; charter commission, election, manner, duties, oath; proposed charter, vote, manner; notices.
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Sec. 11. At every election on the question of incorporation of a new village, each elector residing within its proposed territorial limits shall also be entitled to vote for 5 electors, residing in the territory which it is proposed to incorporate, as members of a charter commiss…
Mich. Comp. Laws § 78.12 Village charter; rejection; effect; president de facto; resubmission; revert to prior status.
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Sec. 12. (1) If the proposed charter is rejected at an election, the election of officers is void, except that the elector who receives the highest number of votes cast for the office of president shall be a de facto officer of the village until a president for the village is ele…
Mich. Comp. Laws § 78.13 Village charter; new charter commission, petition, procedure, duties; eligibility; expenses, payment; territory, control.
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Sec. 13. In cases where the qualified electors of a village shall reject a proposed charter, any 100 electors of said village may petition the de facto president for the selection of a new charter commission, and if said petition shall be filed with the de facto president of said…
Mich. Comp. Laws § 78.14 Village charter; revision.
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Sec. 14. Any village desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter: When its legislative body shall by a 2/3 vote of the members-elect, declare for a general revision of the charter, or when an initiatory petition signed …
Mich. Comp. Laws § 78.15 Election of charter commission; details fixed by legislative body.
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Sec. 15. The legislative body of the municipality, unless it is otherwise provided, shall fix in advance of the election of a charter commission, the manner of nominating and electing the same, the place of its meeting, the compensation, if any, of its members, the money for the …
Mich. Comp. Laws § 78.16 Charter commission; quorum.
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Sec. 16. A majority of those elected shall constitute a quorum of the commission and its powers and duties shall be the same as those prescribed in section 11 of this act.
Mich. Comp. Laws § 78.17 Charter; amendments, submission.
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Sec. 17. Any amendment to any existing charter, whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature, for the government of a village, may be submitted to the electors by a 2/3 vote of the legislative body of the village, …
Mich. Comp. Laws § 78.18 Charter commission; prosecuting attorneys to give advice; charter vote prerequisites.
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Sec. 18. It shall be the duty of the prosecuting attorneys of the several counties, to give advice to any and all charter commissions of this state, as to whether proposed charters contravene the constitution and general laws of this state, and such other information in relation …
Mich. Comp. Laws § 78.19 Charter; publication prerequisites.
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Sec. 19. Every charter and amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted or passed by the legislature for the government of a village, before submission to the electors shall be published as provi…
Mich. Comp. Laws § 78.1a Conducting business at public meeting; notice of meeting; availability of certain writings to public.
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Sec. 1a. (1) The business which a charter commission or a legislative body of a village may perform shall be conducted at a public meeting of the commission or body held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Com…
Mich. Comp. Laws § 78.1b Emergency financial manager; authority and responsibilities.
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Sec. 1b. Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect t…
Mich. Comp. Laws § 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.
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Sec. 2. Villages may be incorporated or territory detached therefrom or added thereto, or consolidation made of 2 or more villages into 1 village by proceedings originating by petition therefor signed by qualified electors residing within the cities, villages, or townships to be …
Mich. Comp. Laws § 78.20 Charter of amendment; approval; filing time.
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Sec. 20. If the charter or any amendment thereto, whether of villages incorporated under this act or under an existing charter of the village heretofore granted or passed by the legislature for the government of a village, be approved, then 2 printed copies thereof, with the vote…
Mich. Comp. Laws § 78.21 Election; expenses; manner of conducting.
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Sec. 21. (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 168.992. The appropriate clerk shall determine the publication and notice of the election. (2) Notwithstanding a charter provision providing otherw…
Mich. Comp. Laws § 78.22 Police officers of village; powers.
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Sec. 22. When any person has committed or is suspected of having committed any crime or misdemeanor within a village, whether incorporated under the provisions of this act or under an existing charter of the village heretofore granted or passed by the legislature for the governme…
Mich. Comp. Laws § 78.22a District court or municipal court; hearing and determining cases.
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Sec. 22a. The district court or municipal court in the judicial district in which a village is located shall hear and determine all cases that occur within the village's boundaries and come within the jurisdiction and authority of the district court or municipal court in the judi…
Mich. Comp. Laws § 78.22b Police officer; authority to execute bench warrant.
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Sec. 22b. A police officer of a village has the same authority within the village as a deputy sheriff to execute a bench warrant for arrest issued by a court of record or a municipal court.
Mich. Comp. Laws § 78.23 Village charter; mandatory provisions.
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Sec. 23. Each village charter shall provide for all of the following: (a) The election of and compensation for a president who shall be the executive head, a clerk, and a legislative body. Notwithstanding a charter provision to the contrary, a village election shall be nonpartisa…
Mich. Comp. Laws § 78.24 Village charter; permissible provisions.
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Sec. 24. A village may provide in its charter for 1 or more of the following: (a) Except as otherwise provided in this subdivision, the regulation of a trade, occupation, or amusement within the village's boundaries, including the sale of intoxicating liquor and the number of lic…
Mich. Comp. Laws § 78.24a Codification of ordinances.
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Sec. 24a. 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, in whole or in part, without the necessity of publishing the entire code in full. The ordinance adopting the code and…
Mich. Comp. Laws § 78.24b Energy conservation improvements; acquisition or financing; resolution; payment; scope of improvements; acquisition of improvements by contract, lease-purchase agreement, or notes; reports; forms; terms of lease-purchase agreement.
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Sec. 24b. (1) The governing body of a village may provide by resolution for the acquisition or financing of energy conservation improvements to be made to village facilities or infrastructure and may pay for the improvements or the financing or refunding of the improvements from …
Mich. Comp. Laws § 78.24c Acquisition of land for disposal of sewage or protection of water supply.
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Sec. 24c. A village may acquire land outside its corporate limits necessary for the disposal of sewage or the obtaining or protection of a water supply for the village or the inhabitants of the village by purchase or, if the proposed use will not materially injure the health or s…
Mich. Comp. Laws § 78.24d Staggered terms of office; resolution; length of initial terms; applicability of subsection (1).
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Sec. 24d. (1) Notwithstanding any charter provision, a village may pass a resolution to provide for the terms of office of its elected officials and for the terms to be staggered. (2) The initial terms established under subsection (1) may be longer than allowed under the charter …
Mich. Comp. Laws § 78.24e Terms of office; applicability after December 31, 2024.
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Sec. 24e. (1) Except as otherwise provided in this section and notwithstanding any charter provision to the contrary, all terms of village officers elected after December 31, 2024 must not commence earlier than at 12 noon on December 1 following the officer's election. If a villa…
Mich. Comp. Laws § 78.25 Statutory provisions; adoption.
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Sec. 25. Each village may adopt as its charter or any part of the same, any chapter, act or section of the statutes of this state in force at the time of such adoption and not inconsistent with the provisions of this act, which relates to the powers or government of villages gene…
Mich. Comp. Laws § 78.25a Ordinance; designation of violation as civil infraction; civil fine; act or omission constituting crime.
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Sec. 25a. (1) Consistent with any of the following statutes and whether or not authorized by the village charter, the village council may adopt an ordinance that designates a violation of the ordinance as a civil infraction and provides a civil fine for that violation: (a) The Mi…
Mich. Comp. Laws § 78.25b Recreational trailway; posting of ordinance; prohibited violation of ordinance as municipal civil infraction; penalty.
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Sec. 25b. (1) An ordinance regulating a recreational trailway is not effective unless it is posted and maintained near each gate or principal entrance to the trailway. (2) The operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by an…
Mich. Comp. Laws § 78.26 Prohibited powers; computation of indebtedness.
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Sec. 26. (1) A village shall not do any of the following: (a) Submit to the electors a charter or a revision of a charter more often than once in every 2 years or file it with the village clerk less than 90 days before the election. This subdivision does not apply to the submissi…
Mich. Comp. Laws § 78.26a Locomotives; enforceability of ordinance prescribing maximum speed limit.
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Sec. 26a. Notwithstanding any other provision of this act, on and after the effective date of a passenger railroad maximum speed limit specified in a final order of the director of the state transportation department, an ordinance of a village prescribing the maximum speed limit …
Mich. Comp. Laws § 78.27 Village charter; prohibited conflicts.
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Sec. 27. No provision of any village charter shall conflict with or contravene the provisions of any general law of the state, except as in section 25 of this act otherwise provided.
Mich. Comp. Laws § 78.28 Construction of act.
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Sec. 28. It is hereby intended by this act to reenact sections 17, 18, 19 and 20, as above amended, pursuant to the adoption of the amendment to section 21 of article 8 of the state constitution by vote of the electors on November fifth, 1912, so that villages under existing char…
Mich. Comp. Laws § 78.2a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
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Sec. 2a. Except as otherwise provided in this section, a petition under section 2, 3, 4, 7, 11, 12, 13, 14, or 17, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A petition under section 2 t…
Mich. Comp. Laws § 78.3 Petitions; contents.
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Sec. 3. Said petition shall accurately describe the proposed boundaries of the village or of the territory to be annexed thereto or detached therefrom and if the purpose is to incorporate a new village, it shall represent that the territory described contains not less than 150 in…
Mich. Comp. Laws § 78.4 Petition; presentation; action of county board of commissioners; resolution; vote; review.
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Sec. 4. (1) A petition under section 2 shall be addressed to the county board of commissioners of the county in which the territory to be affected by the proposed incorporation, consolidation, or change of boundaries is located. The petition shall be filed with the clerk of the c…
Mich. Comp. Laws § 78.5 Incorporation, consolidation or change of boundaries; affected district; referendum; authorizing vote.
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Sec. 5. The district to be affected by every such proposed incorporation, consolidation or change of boundaries, shall be deemed to include the whole of each city, village, or township from which territory is to be taken or to which territory is to be annexed: Provided, however, …
Mich. Comp. Laws § 78.5a Annexation; petition; vote; approval of adjoining city, village or township.
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Sec. 5a. Where the territory proposed to be annexed is adjacent to a village and consists of fractional parts of platted subdivision lots, located in an adjoining city, village or township, annexation may be accomplished upon petition of the property owner by the affirmative majo…
Mich. Comp. Laws § 78.6 Petition and resolution; certified copies, transmittal to local clerks, time; election notices.
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Sec. 6. The county clerk shall, within 3 days after the passage of the resolution provided for in section 4 of this act, transmit a certified copy of said petition and of such resolution to the clerk of each city, village or township in the district to be affected by the proposed…
Mich. Comp. Laws § 78.7 Villages in more than 1 county; incorporation, consolidation or change in boundary; procedure.
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Sec. 7. (1) If the territory to be affected by a proposed incorporation, consolidation, or change of boundaries is situated in more than 1 county, the petition under section 2 shall be addressed and presented to the secretary of state. (2) The secretary of state shall examine the…
Mich. Comp. Laws § 78.8 Returns canvass.
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Sec. 8. The returns by the several boards of election inspectors shall be made to the clerk of the county in which the village or proposed village, or the greater part thereof, if in more than 1 county, is located, and shall be canvassed on the first Thursday following said elect…
Mich. Comp. Laws § 78.9 Proceedings; copy filed with secretary of state; recording; change effected; certificate to state treasurer; time.
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Sec. 9. (1) On the filing in the office of the secretary of state and the clerk of the county or counties within which the village is located, of a copy of the petition and of every resolution, affidavit, or certificate necessarily following a petition, with the certificate of th…