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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5698

April 30, 1980

CITIES, HOME RULE:

Annexation of territory

CITIES, FOURTH CLASS:

Status as home rule city

Annexation of territory

Annexation of territory to or from a fourth class city which became a home rule city by operation of law must be accomplished in accordance with the home rule cities act, 1909 PA 279, and the state boundary commission act, 1968 PA 191.

Honorable Thomas H. Brown

State Representative

37th District

P.O. Box 30014

Lansing, Michigan 48909

You have asked for my opinion concerning the following:

'On January 1, 1980, all 4th Class Cities become Home Rule Cities under the provisions of Act No. 334 of the Public Acts of 1976. You have ruled that Act No. 215 of the Public Acts of 1895 shall become the charter of such cities until such time as they have adopted a new charter. When Act No. 215 of the Public Acts of 1895 becomes the charter of such a city, are annexations governed by the provisions of Act No. 215 of the Public Acts of 1895 or by the provisions of Act No. 191 of the Public Acts of 1968 and Act No. 279 of the Public Acts of 1909?'

The fourth class cities act, 1895 PA 215; MCLA 81.1 et seq; MSA 5.1591(1) et seq was amended by 1976 PA 334 to add Sec. 1c to chapter 1 as follows:

'Effective January 1, 1980, a city incorporated under this act shall be deemed a home rule city as provided by Act No. 279 of the Public Acts of 1909, as amended, being sections 117.1 to 117.38 of the Michigan Compiled Laws. Until a charter is adopted pursuant to Act No. 279 of the Public Acts of 1909, as amended, this act shall be deemed to be the charter of the city.'

OAG, 1979-1980, No 5525, P ___ (July 13, 1979), held that fourth class cities become home rule cities as of January 1, 1980. The opinion also stated that if a fourth class city does not approve its home rule charter by January 1, 1980, the provisions of the fourth class cities act shall constitute its home rule charter.

Prior to January 1, 1980, annexations of lands and premises to or from fourth class cities were governed by 1895 PA 215, supra, ch II, et seq. Annexations of territory to or from home rule cities are governed by Sec. 9 of the home rule cities act, 1909 PA 279, as amended, Sec. 9; MCLA 117.9; MSA 5.2088 and the state boundary commission act, 1968 PA 191, as amended; MCLA 123.1001 et seq; MSA 5.2242(1) et seq.

By the terms of 1895 PA 215, Sec. 1c, there are no longer any fourth class cities to which annexation provisions of the fourth class cities act may apply. Annexation of territory to or from home rule cities must be in compliance with 1909 PA 279, Sec. 9, supra.

Accordingly, it is, therefore, my opinion that, after January 1, 1980, former fourth class cities and now home rule cities are subject to the annexation procedures required by 1909 PA 279, Sec. 9, supra, and 1968 PA 191, supra.

Frank J. Kelley

Attorney General

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