MICHIGAN

CITIES AND VILLAGES

Incorporation; home rule charters.-The legislature shall provide by a general law for the incorporation of cities, and by a general law for the incorporation of villages. Under such general law, the electors of each city and village shall have the power and authority to frame, adopt, and amend its charter and to amend an existing charter of the city or village heretofore granted or passed by the legislature for the government of the city or village and, through its regularly constituted authority, to pass all laws and ordinances relating to its municipal concerns, subject to the Constitution and general laws of the State (Constitution, art. VIII, secs. 20 and 21).

Constitutional provisions respecting parks. Any city or village may acquire, own, establish, and maintain, either within or without its corporate limits, parks, boulevards, and all works which involve the public health or safety (Constitution, art. VIII, sec. 200). Intermunicipal improvements. Any two adjoining cities or villages, or an adjoining city and village, may, by a three-fifths vote of their several legislative bodies, unite in making and maintaining any public improvement on or near the boundary line between the municipalities and located either entirely within one or partly within each of them, and may agree upon the method and manner of making and maintaining the improvement, the division of the cost, and all other matters connected therewith. In no case, however, may any municipality pay a greater proportion of the cost of any improvement than its legislative body, by a three-fifths vote, determines it is benefited thereby. If the property to be taken is located entirely within one municipality, condemnation proceedings may be taken jointly or by the municipality in which the property is located. Any municipality joining in any such improvement may assess its portion of the cost, or any part thereof, upon property located in the municipality to the same extent and in the same manner as it might do if the improvement were entirely within its own limit. Any city or village may by charter provide additional procedure for the carrying out of the above authority (ch. 53).

Tax delinquent lands deeded to municipality. Whenever any lands are delinquent for taxes and have been bid off to the State one or more times by reason of the delinquency, the title to the State is to be deemed to be absolute in and to the lands. Any such lands, whether occupied or unoccupied, located within the corporate limits of any city or village having a population of 1,000 or more must, upon request of the governing body of the city or village, be transferred to it (ch. 59).

HOME RULE CITIES

PARKS, RECREATION GROUNDS, ETC.

Permissible charter provisions.-Each such city may in its charter provide for the acquisition by purchase, gift, condemnation, lease,

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construction, or otherwise, either within or without its corporate limits, and either within or without the limits of the county in which it is located, of necessary lands for boulevards, parks, recreation grounds, municipal camps, public grounds, zoological gardens, museums, public works, and public buildings of all kinds, and for the costs and expenses of the same (ch. 49).

Restriction on sale of parks.-No such city may sell any park or any part thereof, or any property bordering on a waterfront, or vacate any public place leading to a waterfront, unless approved by three-fifths of the electors voting thereon (ibid.).

CITIES OF THE FOURTH CLASS

Classified.-Cities containing a population not exceeding 10,000 are cities of the fourth class. All incorporated villages in which a county seat is located may be incorporated as cities of the fourth class without respect to their population (chs. 48 and 49).

PARKS

may

Authority. Any such city may acquire, purchase, appropriate, and own such real estate as may be necessary for public grounds, parks, buildings, and other purposes necessary or convenient for the public good, and for the execution of powers conferred. The council lay out, establish, and enlarge, or vacate and discontinue, public grounds and parks within the city; improve, light, and ornament the same; regulate the care thereof, and protect the same and the appurtenances thereof from destruction, encroachments, and injury, and from all nuisances (ch. 48).

Cost of improvement.-The cost and expense of park improvements, including the necessary lands therefor, are to be paid from the general funds of the city (ibid.).

Park fund; appropriations. Revenues raised by general tax, or by loan to be repaid by such tax, must be divided among certain general funds, including a park fund. Moneys in the park fund are to be used for the purchase of grounds for public parks and for their maintenance and improvement. No improvement, work, repairs, or expenses to be paid out of any general fund may be ordered, commenced, or contracted for or incurred in any fiscal year unless in pursuance of an appropriation specially made therefor in the last preceding annual appropriation bill. No expenditure may be made or liability incurred in any such year exceeding the appropriation made therefor. No expenditure may be made or money paid out of any general fund unless appropriated for that purpose in the appropriation bill. No public work, improvement, or expenditure may be commenced, nor may any contract therefor be let or made, until a tax has been levied to pay the cost and expense of same. such work or improvement may be paid for or contracted to be paid for, except from the proceeds of the tax thus levied, or from the proceeds of bonds issued in anticipation of the collection of such tax. Instead of levying a tax for the whole amount, the council may, in its discretion, raise a part thereof by tax and a part by loan. Bonds may be issued for such loans (ibid.).

No

Street commissioners; duties as to parks. It is the duty of the street commissioner to perform or cause to be performed all labor, repairs, and improvements upon the public grounds and parks as the council directs by or under his supervision, and to oversee and do whatever may be required of him in relation thereto by the council (ibid.).

CITIES; VILLAGES; COUNTIES; TOWNSHIPS;

SCHOOL DISTRICTS

PUBLIC RECREATION SYSTEM

Powers of municipality. Any city, village, county, or township may operate a system of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other recreational facilities; employ a superintendent of recreation and assistants; vote and expend funds for the operation of such system (ch. 53).

Powers of school districts.-Any school district may operate such a system; may vote a tax to provide for operating same; and may exercise all other powers enumerated in the preceding paragraph (ibid.).

Operation; recreation board. The system may be operated independently, or such municipalities and school districts may cooperate in its conduct in any manner in which they may mutually agree; or they may delegate the operation to a recreation board created by any or all of them, and appropriate money to such board (ibid.). Location. Any municipal corporation or board given charge of a recreation system may conduct its activities on (1) property under its custody and management; (2) other public property under the custody of other municipal corporations or boards, with the consent of the latter; (3) private property, with the consent of the owners (ibid.).

FORESTS

Authority. Any such municipality or school district may acquire by purchase, gift, or devise, or may provide lands already in its possession, and use the lands for forestry purposes, either within or without its territorial limits, and may carry on forestry on the lands. Gifts of money or personalty may also be received and expended or held in trust for forestry purposes (ch. 982).

FORESTRY COMMISSION

Appointment; powers and duties. The legislative body may appoint a nonsalaried forestry commission to consist of three members, only one of whom may be a member of the legislative body making the appointment. Members are to hold office for a term of 4 years (rotated). It is the duty of the commission to supervise and manage all lands of the municipality devoted to forestry, and to provide for the performance of such labor therein by foresters and others as may be necessary for the proper care and maintenance of the lands as forest producing areas; to make rules and regulations concerning the lands, and to expend such moneys as may be appropriated or received for such

purposes. Annual reports must be made to the legislative body showing the activities of the commission, and embracing a detailed statement of its receipts and expenditures during the preceding year. Copies of the report must also be filed with the board of supervisors in case it is not a county commission and with the department of conservation (ibid.).

State lands for forestry purposes. The director of conservation, with the approval of the conservation commission, or other State officer having charge of State lands, may sell homestead, tax, swamp, or primary school lands to municipalities for forestry purposes. Any land so sold which ceases to be used for such purpose is to revert to the State. Municipal forestry commissions and the department of conservation are required to cooperate with each other in all matters pertaining to the establishment and maintenance of public forests (ibid.).

Appropriation for forestry purposes.-The legislative body of any county, city, or village, or the electors of any township or school district in which a forestry commission has been created, may appropriate money to be used by the commission to carry out their powers and duties. Where the legislative body desires to spend an amount in excess of onetenth mill per dollar assessed valuation and/or in excess of $5,000 in any 1 year, such sum may not be appropriated unless approved by a three-fifths vote of the electors. All income from forest lands must be paid into the general fund of the municipality (ibid.).

CITIES, VILLAGES, COUNTIES, AND TOWNSHIPS

Appropriations to State-owned parks.-The legislative body of each county, city, village, and township may appropriate out of its general or contingent funds such sum or sums of money as it may deem advisable for the purpose of contributing toward the support, maintenance, upkeep, and improvement of any State-owned park or zoological gardens or grounds. The contributions are to be made to the State conservation commission and must be devoted exclusively to the purposes for which given (ch. 104).

Joint maintenance; transfers.-The State conservation commission may enter into contracts with any county, city, village, or township, or any number of such jointly, for the support, maintenance, upkeep, and improvement of State parks. Each such municipality may enter into such contracts. Any municipality may transfer the care and control of any open spaces owned or controlled by it to the State conservation commission upon such terms and for such periods as may be mutually agreed upon, or may enter into an agreement with such commission for the joint care or preservation of open spaces within or adjacent to such municipality. The commission may in like manner transfer the care and control of any open spaces controlled by it to any local municipality (ibid.).

Acceptance of gifts. Any city, village, township, or other municipal corporation may receive, own, and enjoy any gift of real or personal property made by grant, devise, or bequest or in any other manner for public parks and other public purposes, whether made directly or in trust, subject to such conditions, limitations, and requirements as may be provided in the grant, devise, bequest, or other instru