78.9 Proceedings; copy filed with secretary of state; recording; change effected; certificate to state treasurer; time.

367 words·~2 min read·/mi/chapter-78/78-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 9.

(1)On the filing in the office of the secretary of state and the clerk of the county or counties within which the village is located, of a copy of the petition and of every resolution, affidavit, or certificate necessarily following a petition, with the certificate of the board of county canvassers attached, showing that the purposes of the petition have been approved by a majority of the electors voting on the petition as provided in this act, the number of votes cast on that proposition and the number cast for and against the proposition, the village is from that date duly and legally incorporated under and by the name designated in that petition, or the territory described in that petition is duly and legally consolidated as 1 village, or attached to or detached from the village named in that petition, as the case may be, and that petition and the subsequent proceedings under that petition shall be duly recorded in each of the village offices in a book to be kept for that purpose. The records or certified copies of the records shall be prima facie evidence of the due and legal incorporation of the village or of the consolidation or change of boundaries prayed for in the petition. Territory detached from any village shall become a part of the township, village or city from which it was originally taken.

(2)The secretary of state shall, within 10 days after the filing in his or her office of the certified copies as required by this section, make and file with the state treasurer a certificate showing the name of the village thus incorporated, a description of the land included within the limits of the village, or in case of a change of boundaries of any village a description of the land attached to or detached from that village.

History: 1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 71, Eff. Aug. 1, 1911 ;-- CL 1915, 2851 ;-- CL 1929, 1771 ;-- CL 1948, 78.9 ;-- Am. 2002, Act 375 , Imd. Eff. May 24, 2002