THE HOME RULE CITY ACT
Act 279 of 1909
117.4o Formation of nonprofit corporation by city.
Sec. 4o.
(1) The legislative body of a city may by ordinance or resolution authorize the formation of a nonprofit corporation under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192. A nonprofit corporation formed under this section may be organized only for purposes that are valid public purposes for cities in this state.
(2) Except as otherwise provided in this subsection, a nonprofit corporation formed under subsection (1) is subject to all local, state, and federal laws or ordinances that apply to the city that authorized its formation. A nonprofit corporation formed under subsection (1) is not subject to the municipal finance act, 1943 PA 202, MCL 131.1 to 139.3, or its successor act.
(3) A nonprofit corporation formed under subsection (1) is a public body for the purposes of the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.
History: Add. 2001, Act 37, Imd. Eff. July 11, 2001
Notes of Decisions
Craig v. Detroit Pub. Schs. Chief Exec. Officer, 697 N.W.2d 529 (Mich. Ct. App. 2005).
“y” as any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or…”
Pinebrook Warren LLC v. City of Warren (Mich. 2024).
· cites it 2× “21 lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279 , MCL 117.4o. (b) “Meeting” means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering…”
Dr Timothy Meyer v. Oakland Cmty. Coll. Bd of Trs. (Mich. Ct. App. 2020).
“262(a)] The OMA defines a “meeting” as “the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the…”
Grant Toner v. Robert Delong (Mich. Ct. App. 2021).
“tion, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board…”
Grant Toner v. Robert Delong (Mich. Ct. App. 2021).
“tion, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board…”
Heart of the Lakes Cmty. v. West Bloomfield Sch. Dist. (Mich. Ct. App. 2025).
“ty, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and…”
Marc Edwards v. Oakland Twp. (Mich. Ct. App. 2015).
“tion, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board…”
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