Mich. Comp. Laws § 141.104

Municipal public improvements; limitations; bonds; acquiring utility for supplying light, heat or power; referendum; powers exercised.

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THE REVENUE BOND ACT OF 1933

Act 94 of 1933

141.104 Municipal public improvements; limitations; bonds; acquiring utility for supplying light, heat or power; referendum; powers exercised.

Sec. 4.

Any public corporation is authorized to purchase, acquire, construct, improve, enlarge, extend or repair 1 or more public improvements and to own, operate and maintain the same, within or without its corporate limits, and to furnish the services, facilities and commodities of any such public improvement to users within or without its corporate limits. The exercise by any public corporation of such powers outside its corporate limits shall be subject to the legal rights of the political subdivision within which such powers are to be exercised and shall also be subject to any and all constitutional and statutory provisions relating thereto. The authority herein granted shall be further limited as follows:

(a) No public corporation shall establish warehouses for the purpose of storing or dispensing alcoholic beverages.

(b) School districts shall be limited to such public improvements as are within the scope of their powers under other statutory provisions.

(c) Port districts shall be limited to such public improvements as are within the scope of their powers under acts creating the same.

(e) No public corporation may acquire a utility for the supplying of light, heat or power unless such proposition shall have first received the affirmative vote of 3/5 of the electors of such public corporation voting thereon at a regular or special municipal election.

The powers in this act granted may be exercised notwithstanding that no bonds are issued hereunder.

History: 1933, Act 94, Imd. Eff. May 26, 1933 ;-- Am. 1946, 1st Ex. Sess., Act 23, Eff. June 7, 1946 ;-- Am. 1947, Act 204, Imd. Eff. June 13, 1947 ;-- CL 1948, 141.104 ;-- Am. 1954, Act 136, Eff. Aug. 13, 1954 ;-- Am. 1966, Act 179, Imd. Eff. July 1, 1966

Notes of Decisions

Cited in 17 cases, 1954–2016 · leading case: Bolt v. City of Lansing

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Bolt v. City of Lansing (1998) mich · cites it 4× “" MCL 141.104; MSA 5.2734. The statute specifically states that the powers granted in the Revenue Bond Act "may be exercised notwithstanding that no bonds are issued hereunder.”

Sau-Tuk Industries, Inc. v. Allegan County (2016) michctapp “” MCL 141.104. A “public improvement” is defined to include *126 sewage disposal and water supply systems and “utility systems for supplying light, heat, or power .”

City of Riverview v. Sibley Limestone (2006) michctapp “See Sabaugh v Dearborn, 384 Mich 510, 517-518 ; 185 NW2d 363 (1971) (“within or without” language in the Revenue Bond Act, at MCL 141.104, construed as permitting a city to acquire public works outside the state).”

Wayne County Board of Commissioners v. Wayne County Airport Authority (2002) michctapp “39 MCL 141.104. 40 MCL 141.103(b). 41 The analysis came complete with a footnote detailing the history of the printing press to illustrate the principle that constitutional duties may not be avoided merely because “it might be a lot of work to comply with the constitution.”

Atlas Valley Golf and Country Club, Inc v. Village of Goodrich (1998) michctapp · cites it 2× “The Legislature also granted villages the general authority to “purchase, acquire, construct, improve, enlarge, extend or repair” a sewer, to “own, operate and maintain the same, within or without its corporate limits,” and to furnish the services to users within and without its…”

Sabaugh v. City of Dearborn (1971) mich · cites it 4× “This overlooks § 4 of the act, MCLA § 141.104 (Stat Ann 1969 Rev § 5.2734), which reads: "The powers in this act granted may be exercised notwithstanding that no bonds are issued hereunder.”

Brown Bark I, L.P. v. Traverse City Light & Power Department (2010) miwd · cites it 2× “Yet it cannot be said that the Michigan Legislature intended Mich. Comp. Laws § 141.121 (3)’s lien provision to apply only to government-utility charges for “public improvements” funded by bonds and repaid by rates set in order to pay off those bond obligations.”

City of Detroit v. Wayne Circuit Judges (1954) mich “* PA 1933, No 94, as last amended by PA 1947, No 204 (CL 1948, §141.104 [Stat Ann 1949 Bey § 5.2734]).”

Thomson v. City of Dearborn (1957) mich “” CLS 1954, § 141.104 (Stat Ann 1955 Cum Supp § 5.2734).”

Mapleview Estates, Inc v. City of Brown City (2003) michctapp “MCL 141.104, 141.103(a) and (b). The act also authorizes cities to fix the rate for these services, which includes “the charges, fees, rentals, and rates that may be .”

United States v. Michigan (1991) mied · cites it 2× “Clearly, the Counties cannot forcibly construct the required facilities under Michigan law. The Michigan Constitution forbids the use by one public corporation of the streets, highways, alleys or other public places of another public corporation for pipes, conduits or other…”

Governale v. City of Owosso (1971) michctapp · cites it 2× “Pursuant to the requirements of MCLA § 141.104 (Stat Ann 1969 Bev § 5.2734), defendant sought and obtained permission from the Shiawassee County Boad Commission and the Township of Caledonia to run raw water mains from wells located on land owned by defendant in the Township of…”

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