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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. 5721 June 13, 1980 CITIES: Fifth class home rule cities Home rule cities Special charter city Status of fourth class cities LEGISLATURE: Amendment of statute STATUTES: Amendment Fourth class cities no longer exist as fourth class cities, having become home rule cities on January 1, 1980. Cities are classified as home rule cities, home rule cities of the fifth class and special charter city. 1895 PA 215, the fourth class cities act, is operative as the charter for former fourth class cities which have not yet adopted their own home rule city charter. The Legislature may amend 1895 PA 215 as it deems appropriate. Honorable Thomas H. Brown State Representative 37th District P. O. Box 30014 Lansing, Michigan 48909 You have asked the following questions concerning the statutory classification of cities in Michigan: '1. Are fourth-class cities still fourth-class cities or are they indeed home rule cities? '2. If there is one classification of all cities in Michigan, is that classification home rule? '3. Since such cities are allowed to use Act 215 of the Public Acts of 1895 as their charter, can this act be amended even though the act supposedly no longer exists?' Each question will be considered in the order presented. In response to your first question, the fourth class cities act, 1895 PA 215; MCLA 81.1 et seq; MSA 5.1591 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. It is my opinion, therefore, that former fourth class cities no longer exist as fourth class cities, having become home rule cities on January 1, 1980. Turning to your second question, cities in Michigan can now be classified as either special charter cities or home rule cities, including fifth class home rule cities. (1) For example, the City of Mackinac Island is a special charter city created by 1899 LA 437, as amended. See Michigan Manual, 1979-1980, p 448. Home rule cities, including fifth class home rule cities, are subject to the provisions of the home rule cities act, 1909 PA 279, as amended, MCLA 117.1 et seq; MSA 5.2071 et seq. Thus, it is my opinion that cities are classified as home rule cities, fifth class home rule cities, and special charter city. In response to your last question, the fourth class cities act, 1895 PA 215, supra, has not been repealed. Its function is limited to being the charter for those former fourth class cities which have not yet adopted their own home rule city charter. It is my opinion, therefore, that the fourth class cities act may be amended by the legislature as it deems appropriate. Frank J. Kelley Attorney General (1)
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