Michigan Compiled Laws

Mich. Comp. Laws § 123.861 (2026)

Town band; consent of voters in referendum.

✓ current as of July 2026

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BAND

Act 230 of 1923

123.861 Town band; consent of voters in referendum.

Sec. 1.

The township board, village council, common council, commission, or other legislative body of any township or village of this state, or city having a population not exceeding 50,000 inhabitants, upon petition of 10 per centum of the qualified voters thereof, shall submit the question to the people as to whether such village, township or city, as the case may be, shall come under the provisions of this act and, if adopted or agreed to by a majority vote of the qualified voters participating in said election, then this act shall be in full force and effect.

History: 1923, Act 230, Eff. Aug. 30, 1923 ;-- CL 1929, 2733 ;-- CL 1948, 123.861

Notes of Decisions

Cited in 2 cases, 2000–2008 · leading case: Am. Axle & Mfg., Inc v. City of Hamtramck, 604 N.W.2d 330 (Mich. 2000).

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Am. Axle & Mfg., Inc v. City of Hamtramck, 604 N.W.2d 330 (Mich. 2000). · cites it 4× “§ 123.861 et seq.; MSA 5.3391 et seq. authorizes a city of less than 50,000 inhabitants to levy a tax not exceeding two mills for the maintenance of a band, but requires voter approval.”

Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008). · cites it 4× “] Similarly, the band act, MCL 123.861 et seq., states that upon receipt of a petition signed by at least 10 percent of the qualified electors, the legislative body of a township, village, or city 4 “shall submit.”

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