THE FOURTH CLASS CITY ACT
Act 215 of 1895
102.1 Thoroughfares and public grounds; control by council; damage suits, liability; required notice.
Sec. 1.
The council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the city, and shall cause the same to be kept in repair, and free from nuisance. No city subject to the provisions of this act shall be liable in damages sustained by any person in such city either to his person or property by reason of any defective street, sidewalk, crosswalk, or public highway, or by reason of any obstruction, ice, snow or other encumbrance upon such street, sidewalk, crosswalk or public highway, situated in such city, unless such person shall serve or cause to be served, within 60 days after such injury shall have occurred, a notice in writing upon the clerk or the deputy clerk of such city, which notice shall set forth substantially the time when and place where such injury took place, the manner in which it occurred, and the extent of such injury as far as the same has become known, and that the person receiving such injury intends to hold such city liable for such damages as may have been sustained by him. No city shall be responsible for the care, improvement or repair of any street or alley laid out or dedicated to public use by the proprietors of any lands which had not been actually accepted, worked and used by the public as a street or alley before the incorporation of the city under this act, nor for the improvement and repair of any street or alley laid out or dedicated by any such proprietor after such incorporation, unless the dedication shall have been accepted and confirmed by the council by an ordinance or resolution specially passed for that purpose.
History: 1895, Act 215, Eff. Aug. 30, 1895 ;-- CL 1897, 3173 ;-- CL 1915, 3087 ;-- CL 1929, 2011 ;-- CL 1948, 102.1
Notes of Decisions
Bannan v. City of Saginaw, 328 N.W.2d 35 (Mich. Ct. App. 1982).
· cites it 6× “Section 102.1(h) of that ordinance defines retirant as, "any member who retires with a pension payable by the retirement system".”
Bannan v. City of Saginaw, 362 N.W.2d 668 (Mich. 1985).
· cites it 2× “D-1, ch 5, art 1, § 102.1(u). [3] Two other provisions of the pension ordinance also contain express references to the § 129.”
Hatton v. City of Saginaw, 406 N.W.2d 871 (Mich. Ct. App. 1987).
· cites it 2× “At the time of the instant plaintiff’s retirement, fifty-five years corresponded to the age at which a Saginaw fire fighter could voluntarily retire, SAC § 102.1(u). This pension is no longer subject to the workers’ compensation offset provision of SAC § 129.”
Christy v. Servitto, 699 F. Supp. 618 (E.D. Mich. 1988).
· cites it 2× “Section 102.1 pertaining to ordinary repairs states in relevant part: 102.”
Sharkey v. City of Petoskey, 186 N.W.2d 744 (Mich. Ct. App. 1971).
· cites it 2× “MCLA §102.1 (Stat Ann 1949 Rev § 5.1806), provides: “The council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the city, and shall cause the same to be kept in repair, and free from nuisance.”
Siddock v. Grand Trunk W. R.R., 556 F. Supp. 2d 731 (W.D. Mich. 2008).
“1 § 102.1 (1995). The Charter empowers Defendant to “exercise administrative, executive, and policy-making authority over the operation of those City utility services assigned to it.”
Mich. Comp. Laws § 102.1(h): 1 case
Bannan v. City of Saginaw, 328 N.W.2d 35 (Mich. Ct. App. 1982).
“Section 102.1(h) of that ordinance defines retirant as, "any member who retires with a pension payable by the retirement system".”
Mich. Comp. Laws § 102.1(u): 3 cases
Bannan v. City of Saginaw, 328 N.W.2d 35 (Mich. Ct. App. 1982).
“Section 102.1(h) of that ordinance defines retirant as, "any member who retires with a pension payable by the retirement system".”
Bannan v. City of Saginaw, 362 N.W.2d 668 (Mich. 1985).
“D-1, ch 5, art 1, § 102.1(u). [3] Two other provisions of the pension ordinance also contain express references to the § 129.”
Hatton v. City of Saginaw, 406 N.W.2d 871 (Mich. Ct. App. 1987).
“At the time of the instant plaintiff’s retirement, fifty-five years corresponded to the age at which a Saginaw fire fighter could voluntarily retire, SAC § 102.1(u). This pension is no longer subject to the workers’ compensation offset provision of SAC § 129.”
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