Mich. Comp. Laws » Michigan Compiled Laws / Chapter 117 / Act 279 of 1909

Mich. Comp. Laws § 117.4d

Permissible charter provisions; assessing costs of public improvement and boulevard lighting system; definitions.

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THE HOME RULE CITY ACT


Act 279 of 1909


117.4d Permissible charter provisions; assessing costs of public improvement and boulevard lighting system; definitions.

Sec. 4d.

    (1)  Each city may in its charter provide:

    (a) For assessing and reassessing the costs, or a portion of the costs, of a public improvement to a special district.

    (b) For assessing the cost, or a portion of the costs, of installing a boulevard lighting system on a street upon the lands abutting the street. A city shall not establish a special assessment district for a boulevard lighting system if the district includes the entire city, unless the special assessments against the real property within the district are levied on other than an ad valorem basis.

    (2) As used in this section:

    (a) "Boulevard lighting system" means any design or method of providing light to a street.

    (b) "Cost" includes necessary condemnation cost and necessary expenses incurred for engineering, financial, legal, or administrative services; operation and maintenance of a boulevard lighting system, whether that service is provided directly by the city or is provided by an investor-owned utility; and other services of a similar kind involved in the making and financing of the improvement and in the levying and collecting of the special assessments for the improvement. If the service is rendered by city employees, the city may include the fair and reasonable cost of rendering the service. The inclusion of a cost specified in this subdivision as part of the cost of an improvement for which special assessments have been levied before the effective date of the 1987 amendatory act amending this section is validated.

    (c) "Street" means a public avenue, street, highway, road, path, boulevard, or alley or other access used for travel by the public.

History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2234 ;-- CL 1948, 117.4d ;-- Am. 1961, Act 124, Eff. Sept. 8, 1961 ;-- Am. 1964, Act 27, Imd. Eff. Apr. 29, 1964 ;-- Am. 1988, Act 201, Imd. Eff. June 29, 1988

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1952–2024 · leading case: Wikman v. City of Novi
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Wikman v. City of Novi (1982) mich · cites it 6× “The decision levying this special assessment was not, however, made "under" those provisions of the home rule act but rather under separate provisions of that act and Novi's charter and ordinance concerning special assessments, MCL 117.4d; MSA 5.2077. Allowing that the…”
Petersen Financial LLC v. City of Kentwood (2018) michctapp “" MCL 117.4d(1)(a). The Kentwood Code of Ordinances (KCO) grants the city authorization to impose special assessments.”
Johnson v. City of Inkster (1977) mich · cites it 2× “The City of Inkster, as a home-rule city, possesses *273 the authority, by virtue of § 4d(1) of the home rule cities act and its own charter to levy special assessments on specially benefited districts to finance the cost of public improvements.”
Edros Corp. v. City of Port Huron (1977) michctapp “MCLA 117.4d; MSA 5.2077. A city council acting pursuant to such a charter provision, therefore, is a "board, official or administrative agency” empowered to make a decision subject to review by the tribunal.”
Haggerty v. City of Dearborn (1952) mich “” CL 1948, § 117.4d (Stat Ann 1949 Rev §5.2077). Pursuant to the above statutory authority, the city of Dearborn’s charter provides: “Every special assessment roll ratified and confirmed * * * shall be final and conclusive.”
Stybel Plumbing, Inc v. Oak Park (1972) michctapp “” Defendant has the power to assess pursuant to Const 1963, art 7, § 21 and MCLA 117.4d(l); MSA 5.2077. Plaintiffs’ reliance on Auditor General v Konwinski, 244 Mich 384 (1928), to support their con *113 tention that they are being denied equal protection of the laws is…”
New York Central Railroad v. City of Detroit (1958) mich · cites it 2× “Section 4d of the home-rule act (CL 1948, §117.4d [Stat Ann 1949 Eev § 5.2077]) authorizes a home-rule city to provide in its charter “for assessing and re-assessing the costs or any portion thereof, of any public improvement to a special district.”
Majid Damghani v. City of Kentwood (2019) michctapp “Although the City’s attorney stipulated to the admissibility of Exhibit 9 at trial, he explicitly stated that he did not agree that Exhibit 9 contained accurate trigger dates, and the document was not attached to the order memorializing the parties’ stipulation as to the Phase 1…”
Petersen Financial LLC v. City of Kentwood (2021) michctapp “If unpaid, they may become a lien on the property like other property taxes, or may be collected by an action against the owner of the property.”
New 555 Commercial LLC v. City of Birmingham (2024) michctapp “] 6 We note that MCL 117.4d(1)(a) states that “[e]ach city may in its charter provide .”
Sawicki v. City of Harper Woods (1965) michctapp “, whether PA 1964, No 27, CL 1948, § 117.4d (Stat Ann 1965 Cum Supp § 5.2077) is retroactive and validates the inclusion of these costs in the defendants’ 1957, 1958, 1959, and 1960 assessments.”
— Mich. Comp. Laws § 117.4d(1) — 2 cases
Wikman v. City of Novi (1982) mich “The decision levying this special assessment was not, however, made "under" those provisions of the home rule act but rather under separate provisions of that act and Novi's charter and ordinance concerning special assessments, MCL 117.4d; MSA 5.2077. Allowing that the…”
Johnson v. City of Inkster (1977) mich “The City of Inkster, as a home-rule city, possesses *273 the authority, by virtue of § 4d(1) of the home rule cities act and its own charter to levy special assessments on specially benefited districts to finance the cost of public improvements.”
— Mich. Comp. Laws § 117.4d(1)(a) — 4 cases
Petersen Financial LLC v. City of Kentwood (2018) michctapp “" MCL 117.4d(1)(a). The Kentwood Code of Ordinances (KCO) grants the city authorization to impose special assessments.”
Majid Damghani v. City of Kentwood (2019) michctapp “Although the City’s attorney stipulated to the admissibility of Exhibit 9 at trial, he explicitly stated that he did not agree that Exhibit 9 contained accurate trigger dates, and the document was not attached to the order memorializing the parties’ stipulation as to the Phase 1…”
Petersen Financial LLC v. City of Kentwood (2021) michctapp “If unpaid, they may become a lien on the property like other property taxes, or may be collected by an action against the owner of the property.”
New 555 Commercial LLC v. City of Birmingham (2024) michctapp “] 6 We note that MCL 117.4d(1)(a) states that “[e]ach city may in its charter provide .”
— Mich. Comp. Laws § 117.4d(l) — 2 cases
Johnson v. City of Inkster (1977) mich “The City of Inkster, as a home-rule city, possesses *273 the authority, by virtue of § 4d(1) of the home rule cities act and its own charter to levy special assessments on specially benefited districts to finance the cost of public improvements.”
Stybel Plumbing, Inc v. Oak Park (1972) michctapp “” Defendant has the power to assess pursuant to Const 1963, art 7, § 21 and MCLA 117.4d(l); MSA 5.2077. Plaintiffs’ reliance on Auditor General v Konwinski, 244 Mich 384 (1928), to support their con *113 tention that they are being denied equal protection of the laws is…”
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