Home Rule Cities Act (Michigan)
Encyclopedia
The Home Rule City Act was enacted by the Michigan Legislature
as Public Act 279 of 1909. This statute
provides the framework by which a new city
may become incorporated and provide for its own government
by adopting a city charter. It also provides for the method by which an existing city may amend or revise its city charter.
s may go by various names in the several states. It is entirely possible for a state to totally abolish any or all local units of government. In the case of Michigan
, the state government is specifically restricted under the state's constitution
as to how it may interact with local governments and may not alter the boundaries of a local government without a vote by the affected residents.
The Home Rule City Act resulted from the provisions of the 1908 state constitution
, which called for home rule
authority to be conferred upon the various local governments in the state. The 1963 state constitution retained these same home rule provisions.
Both constitutions recognized the fundamental integrity of counties
, townships
, cities
, and village
s in Michigan. Local governments could no longer be created, abolished, or consolidated without the consent of the electors who reside within the affected territory. Prior to this time, local governments had been created by a special act of the legislature which did not require any consent from those living within the affected territory.
Under Michigan’s Revised Statutes of 1848, there were several classes of cities, the primary distinction among which was population
. In nearly every case, however, it was the legislature that had provided a city charter for each city that mandated how each city was to be governed and how its officers were to be chosen. Under the Home Rule City Act, each city was given the ability to make changes to its city charter on its own. The charters that had been previously granted by the legislature continued in force until such time as an affected city took this action. All cities in Michigan are now classified under one class, namely, Home Rule Cities, regardless of the source or origin of the various provisions of their respective city charters.
, or by an initiative petition signed by a certain number of registered voters.
A revision of a city charter is a more comprehensive process which replaces the existing charter with a new one. The decision to revise a city charter must be approved by the voters of the city and can be proposed by the city council or by an initiative petition. A special commission is elected to conduct the work of writing a new charter and submitting it to the voters for approval. The commission is not bound to keep any provisions of the current city charter.
Michigan Legislature
The Michigan Legislature is the legislative assembly of the U.S. state of Michigan. It is organized as a bicameral body consisting of the Senate, the upper house, and the House of Representatives, the lower house. Article IV of the state's Constitution, adopted in 1963, defines the role of the...
as Public Act 279 of 1909. This statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
provides the framework by which a new city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
may become incorporated and provide for its own government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
by adopting a city charter. It also provides for the method by which an existing city may amend or revise its city charter.
History
Local units of government in the United States are created by the various states. Such local governmentLocal government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
s may go by various names in the several states. It is entirely possible for a state to totally abolish any or all local units of government. In the case of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, the state government is specifically restricted under the state's constitution
Michigan Constitution
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government....
as to how it may interact with local governments and may not alter the boundaries of a local government without a vote by the affected residents.
The Home Rule City Act resulted from the provisions of the 1908 state constitution
Michigan Constitution
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government....
, which called for home rule
Home rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
authority to be conferred upon the various local governments in the state. The 1963 state constitution retained these same home rule provisions.
Both constitutions recognized the fundamental integrity of counties
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
, townships
Civil township
A civil township is a widely used unit of local government in the United States, subordinate to, and geographic divisions of, a county. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both,...
, cities
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
, and village
Village
A village is a clustered human settlement or community, larger than a hamlet with the population ranging from a few hundred to a few thousand , Though often located in rural areas, the term urban village is also applied to certain urban neighbourhoods, such as the West Village in Manhattan, New...
s in Michigan. Local governments could no longer be created, abolished, or consolidated without the consent of the electors who reside within the affected territory. Prior to this time, local governments had been created by a special act of the legislature which did not require any consent from those living within the affected territory.
Under Michigan’s Revised Statutes of 1848, there were several classes of cities, the primary distinction among which was population
Population
A population is all the organisms that both belong to the same group or species and live in the same geographical area. The area that is used to define a sexual population is such that inter-breeding is possible between any pair within the area and more probable than cross-breeding with individuals...
. In nearly every case, however, it was the legislature that had provided a city charter for each city that mandated how each city was to be governed and how its officers were to be chosen. Under the Home Rule City Act, each city was given the ability to make changes to its city charter on its own. The charters that had been previously granted by the legislature continued in force until such time as an affected city took this action. All cities in Michigan are now classified under one class, namely, Home Rule Cities, regardless of the source or origin of the various provisions of their respective city charters.
Revising or amending a city charter
Under the Home Rule City Act, a city can amend its city charter by a vote of the electors residing within the city. An amendment can be proposed either by the governing body of the city, typically called the city councilCity council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
, or by an initiative petition signed by a certain number of registered voters.
A revision of a city charter is a more comprehensive process which replaces the existing charter with a new one. The decision to revise a city charter must be approved by the voters of the city and can be proposed by the city council or by an initiative petition. A special commission is elected to conduct the work of writing a new charter and submitting it to the voters for approval. The commission is not bound to keep any provisions of the current city charter.