§ 85.1 Election of certain city officers
§ 85.2 Ward officers; election, term
§ 85.3 Appointment, powers, and duties of city officers; availability of writings to public
§ 85.3a Conducting business at public meeting; notice
§ 85.4 City officers; appointment, time
§ 85.5 First election; election and terms of aldermen
§ 85.6 City officers; terms
§ 85.7 Appointive officers; terms, vacancies
§ 85.8 Entering upon duties of offices
QUALIFICATIONS, OATH AND BOND OF OFFICE
VACANCIES IN OFFICE
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Terms Used In Michigan Laws > Chapters 81-113 > Act 215 of 1895 > Chapter V - Officers

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
  • Annual user costs: means an annual charge levied by a water supplier on users of the waterworks system to pay for each user's share of the cost for operation, maintenance, and replacement of the waterworks system. See Michigan Laws 324.5401
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved holding tank: means a holding tank certified by the United States coast guard under part 159 of subchapter O of chapter I of title 33 of the code of federal regulations, 33 C. See Michigan Laws 324.9501
  • Aquatic invasive plant species: means an aquatic plant species, hybrid, or genotype that is not native and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health. See Michigan Laws 324.41401
  • Aquatic nuisance: means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch. See Michigan Laws 324.3301
  • Aquatic nuisance species: means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters. See Michigan Laws 324.3101
  • Aquatic plant: means a submergent, emergent, obligate wetland, facultative wetland, or floating-leaf plant or a fragment thereof, including a seed or other propagule. See Michigan Laws 324.41301
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset management program: means the program that identifies the desired level of service at the lowest life cycle cost for rehabilitating, repairing, or replacing the assets associated with a municipality's wastewater or storm water system. See Michigan Laws 324.5201
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal water pollution control act:
    (i) Provision of loans to municipalities for construction of sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal safe drinking water act:
    •     (i) Provision of loans for the planning, design, and construction or alteration of waterworks systems. See Michigan Laws 324.5401
  • Authority: means the Michigan municipal bond authority created in section 4 of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5201
  • Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Authority: means the Michigan municipal bond authority created in the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5401
  • Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Ballast water: means water and associated solids taken on board a vessel to control or maintain trim, draft, stability, or stresses on the vessel, without regard to the manner in which it is carried. See Michigan Laws 324.3101
  • Ballast water treatment method: means a method of treating ballast water and sediments to remove or destroy living biological organisms through 1 or more of the following:
    •     (i) Filtration. See Michigan Laws 324.3101
  • Bequest: Property gifted by will.
  • Block: means block as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 3.55
  • Board: means the department of state. See Michigan Laws 3.161
  • Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502
  • Boat livery: means a place of business or any location where a person rents or offers for rent any vessel other than a nonmotorized raft to the general public for noncommercial use on the waters of this state. See Michigan Laws 324.44501
  • Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502
  • Bureau: means the legislative service bureau. See Michigan Laws 4.1102
  • Capitalization grant: means the federal grant made to this state by the United States Environmental Protection Agency for the purpose of establishing a state water pollution control revolving fund, as provided in title VI of the federal water pollution control act, 33 USC 1381 to 1389. See Michigan Laws 324.5301
  • carry passengers for hire: means the transporting of any individual on a vessel other than a nonmotorized raft for consideration directly or indirectly paid to the owner of the vessel, the owner's agent, the operator of the vessel, or any other person who holds any interest in the vessel. See Michigan Laws 324.44501
  • Certificate of coverage: means written authorization from the department to implement a project under a general permit. See Michigan Laws 324.3301
  • Charter boat: means a vessel other than a nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner's agent retains possession, command, and control of the vessel. See Michigan Laws 324.44501
  • city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
  • Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Collecting sewers: means lateral, branch, submain, and trunk sewers consisting of pipes or conduits including pumps, lift stations, force mains, and other appurtenances necessary for a system to prevent or eliminate discharges of raw or inadequately treated sewage of human origin into any waters of the state. See Michigan Laws 324.4901
  • Commission: means the Michigan law revision commission. See Michigan Laws 4.1102
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community water supply: means a public water supply that provides year-round service to not less than 15 living units or that regularly provides year-round service to not less than 25 residents. See Michigan Laws 324.5401
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance assistance agent: means an individual who provides technical assistance to individuals, organizations, agencies, or others to aid them in complying with federal and state laws and local conservation ordinances. See Michigan Laws 324.9301
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • conservation district: means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with this part, for the purposes, with the powers, and subject to the restrictions set forth in this part. See Michigan Laws 324.9301
  • conservation district board: means the governing body of a conservation district. See Michigan Laws 324.9301
  • Conservation easement: means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition. See Michigan Laws 324.2140
  • Conservation species: means those plant species beneficial for conservation practices as included on the list prepared under section 9304a by the conservation species advisory panel. See Michigan Laws 324.9301
  • Conservation species advisory panel: means the conservation species advisory panel created in section 9304a. See Michigan Laws 324.9301
  • Construction: means the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary to the construction of collecting sewers; the installation, erection, and building of collecting sewers; and the inspection and supervision of the construction of such sewers. See Michigan Laws 324.4901
  • Construction activities: means an action undertaken to plan, design, or build sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Construction activities: means any actions undertaken in the planning, designing, or building of a waterworks system. See Michigan Laws 324.5401
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conventional gravity sewer extension: means the installation of a new gravity sewer and connection to an existing collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the legislative council. See Michigan Laws 4.1102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • damages: means the fair market value on the stump or at the mill, whichever is greater of a forest product cut or removed, or the fair and actual value of any other property removed or damaged in trespass, plus any other damages caused before, during, or after the cutting or removal. See Michigan Laws 324.2155
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of state police. See Michigan Laws 30.402
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Department: means the department of environmental quality. See Michigan Laws 324.3101
  • Department: means the department of environmental quality. See Michigan Laws 324.3301
  • Department: means the department of environmental quality. See Michigan Laws 324.8801
  • Department: means the department of environmental quality. See Michigan Laws 324.5201
  • Department: means the department of environment, Great Lakes, and energy or its authorized agent or representative. See Michigan Laws 324.5402
  • Department: means the department of agriculture and rural development. See Michigan Laws 324.9301
  • Department: means the department of environmental quality. See Michigan Laws 324.41401
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
  • Dependent: A person dependent for support upon another.
  • Deputy: means any deputy, assistant or other subordinate officer, authorized pursuant to law to exercise all of the powers and discharge the duties of the office. See Michigan Laws 31.2
  • Detroit consumer price index: means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics. See Michigan Laws 324.3101
  • Devise: To gift property by will.
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Director: means the director of the department. See Michigan Laws 324.3301
  • Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
  • Director: means the director of the department. See Michigan Laws 324.8801
  • Director: means the director of the department or his or her designated representative. See Michigan Laws 324.5402
  • Director: means 1 of the members of the conservation district board, elected or appointed in accordance with this part. See Michigan Laws 324.9301
  • Disaster: means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. See Michigan Laws 30.402
  • Disaster: means an extraordinary misfortune caused by an enemy attack upon the United States or by civil disorder and resulting in widespread destruction of life and property. See Michigan Laws 31.2
  • Discharge: means spilling, leaking, pumping, pouring, emitting, emptying, or dumping. See Michigan Laws 324.9501
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docking facility: means a public, private, or commercial marina, yacht club, dock, or wharf used for mooring, serving, or otherwise handling watercraft. See Michigan Laws 324.9501
  • Eligible applicant: means a person that meets the requirements under section 41402. See Michigan Laws 324.41401
  • Eligible project: means a project that meets the requirements under section 41402. See Michigan Laws 324.41401
  • Emergency: means any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state. See Michigan Laws 30.402
  • Emergency interim successor: means a person designated pursuant to this act who, in the event the incumbent or his deputy is unavailable, is to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by law, or until the lawful incumbent or his deputy is able to resume the exercise of the powers and discharge of the duties of the office. See Michigan Laws 31.2
  • Emergency management coordinator: means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 324.3101
  • Enemy attack: means any attack or series of attacks by a power hostile to the United States which causes or may cause death, injury or substantial damage to the people and property in the United States by sabotage, or by the use of bombs, missiles or shells, or any other weapons of conventional, atomic, radiological, chemical, bacteriological, biological or any other nature, process or means. See Michigan Laws 31.2
  • Equipment: means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to, a vessel; or a marine safety article, accessory, or equipment intended for use by an individual on board a vessel; but does not include radio equipment. See Michigan Laws 324.44501
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expedited review: means an expedited review of an application for a construction permit under section 4112. See Michigan Laws 324.4101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal safe drinking water act: means the safe drinking water act, 42 USC 300f to 300j-25, and the rules promulgated under that act. See Michigan Laws 324.5402
  • Federal water pollution control act: means 33 USC 1251 to 1389. See Michigan Laws 324.5301
  • Fertilizer: means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. See Michigan Laws 324.8501
  • Fertilizer material: means a fertilizer to which 1 or more of the following apply:
    •     (i) Contains not more than 1 of the following as primary nutrients:
        (A) Total nitrogen (N). See Michigan Laws 324.8501
  • Fiduciary: A trustee, executor, or administrator.
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the clean water fund created in section 8807. See Michigan Laws 324.8801
  • Fund: means the infrastructure construction fund created in section 4113. See Michigan Laws 324.4101
  • Fund: means the strategic water quality initiatives fund created in section 5204. See Michigan Laws 324.5201
  • Fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Fund: means the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5402
  • Fund: means the inland lake aquatic invasive plant species control and eradication fund created in section 41403. See Michigan Laws 324.41401
  • Fundable range: means those projects, taken in descending order on the priority lists, for which sufficient funds are estimated by the department to exist to provide assistance at the beginning of each annual funding cycle. See Michigan Laws 324.5301
  • Fundable range: means those projects, taken in descending order on the priority list, for which the department estimates sufficient funds exist to provide assistance during each annual funding cycle. See Michigan Laws 324.5402
  • General permit: means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment. See Michigan Laws 324.3302
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governmental: includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Michigan Laws 324.9301
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grant: means a nonpoint source pollution prevention and control grant or a wellhead protection grant under this part. See Michigan Laws 324.8801
  • Grant: means a grant from the grant program. See Michigan Laws 324.5201
  • Grant: means an inland lake aquatic invasive plant species control or eradication grant issued through the program. See Michigan Laws 324.41401
  • Grant program: means the strategic water quality initiatives grant program established under this part. See Michigan Laws 324.5201
  • Great Lakes: means the Great Lakes and their connecting waters, including Lake St. See Michigan Laws 324.3101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Historic preservation easement: means an interest in land that provides a limitation on the use of a structure or site that is listed as a national historic landmark under chapter 593, 49 Stat. See Michigan Laws 324.2140
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inland waters: means all waters of this state, except navigable waters. See Michigan Laws 324.44501
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisdiction: means , except as otherwise provided in section 3, other states of the United States, the District of Columbia, territories and possessions of the United States, foreign countries, or political subdivisions of foreign countries. See Michigan Laws 3.161
  • Lake management plan: means a document that contains all of the following:
    •     (i) A description of the physical, chemical, and biological attributes of a waterbody. See Michigan Laws 324.3302
  • land disposal wastewater management program: means the program developed in the United States army corps of engineers southeastern Michigan survey scope wastewater management study, as authorized by section 102 of title I of the federal water pollution control act, chapter 758, 86 Stat. See Michigan Laws 324.5101
  • Landowner: includes any person who holds title to or has contracted to purchase any land lying within a district organized under this part or former 1937 PA 297. See Michigan Laws 324.9301
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means a license issued by the department to operate a game bird hunting preserve. See Michigan Laws 324.41701
  • License: means a game breeder's license issued pursuant to this part. See Michigan Laws 324.42701
  • Licensed professional engineer: means a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 324.4101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litter: means any of the following:
    •     (i) Rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances. See Michigan Laws 324.8901
  • Litter: means rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, oil, or other foreign substances of every kind and description. See Michigan Laws 324.9501
  • Livery boat: means a vessel, other than a nonmotorized raft, that is rented or offered for rent by a boat livery or a boat owner or his or her agent if the boat livery or boat owner or his or her agent relinquishes or offers to relinquish complete physical control of the vessel to the renter while retaining legal title to the vessel. See Michigan Laws 324.44501
  • Loan: means a loan from the loan program. See Michigan Laws 324.5201
  • Loan program: means the strategic water quality initiatives loan program established under section 5202. See Michigan Laws 324.5201
  • Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.3101
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit: means a county, city, village, or township or an agency or instrumentality of any of these entities. See Michigan Laws 324.3101
  • MAEAP: means the Michigan agriculture environmental assurance program as that term is defined in part 87. See Michigan Laws 324.8801
  • Majority leader: see Floor Leaders
  • Marine sanitation device: means equipment designed for installation on board a watercraft or installed on board a watercraft to receive, retain, treat, or discharge sewage. See Michigan Laws 324.9501
  • Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301
  • Minority leader: See Floor Leaders
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city, village, or township. See Michigan Laws 30.402
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • Municipality: means this state, a county, city, village, or township, or an agency or instrumentality of any of these entities. See Michigan Laws 324.3101
  • Municipality: means that term as it is defined in section 5301. See Michigan Laws 324.5201
  • Municipality: means a city, village, county, township, authority, or other public body, including either of the following:
    •     (i) An intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5301
  • Municipality: means a city, village, county, township, authority, public school district, or other public body with taxing authority, including an intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5402
  • National response center: means the National Communications Center established under the clean water act, 33 USC 1251 to 1387, located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials. See Michigan Laws 324.3101
  • Navigable waters: means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers. See Michigan Laws 324.44501
  • Noncommunity water supply: means a public water supply that is not a community water supply, but that has not less than 15 service connections or that serves not less than 25 individuals on an average daily basis for not less than 60 days per year. See Michigan Laws 324.5402
  • Nonnative: means not native. See Michigan Laws 324.41301
  • Nonoceangoing vessel: means a vessel that is not an oceangoing vessel. See Michigan Laws 324.3101
  • Nonpoint source pollution: means water pollution from diffuse sources, including runoff from precipitation or snowmelt contaminated through contact with pollutants in the soil or on other surfaces and either infiltrating into the groundwater or being discharged to surface waters, or runoff or wind causing erosion of soil into surface waters. See Michigan Laws 324.8801
  • Nonpoint source project: means construction activities designed to reduce nonpoint source pollution consistent with the state nonpoint source management plan under section 319 of the federal water pollution control act, 33 USC 1329. See Michigan Laws 324.5301
  • Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oceangoing vessel: means a vessel that operates on the Great Lakes or the St. See Michigan Laws 324.3101
  • Officer: means a supervisor, treasurer, clerk, or trustee. See Michigan Laws 41.1b
  • Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a
  • Oil: means oil of any kind or in any form, including petroleum, fuel oil, sludge, and oil refuse. See Michigan Laws 324.9501
  • Operate: when used with reference to a vessel, means to start any propulsion engine or to physically control the motion, direction, or speed of the vessel. See Michigan Laws 324.44501
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means a cease and desist order issued under section 8511. See Michigan Laws 324.8501a
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: when used in reference to a vessel, means a person who claims lawful possession of the vessel by virtue of legal title or an equitable interest in a vessel that entitles that person to possession of the vessel. See Michigan Laws 324.44501
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: means a sheriff or sheriff's deputy; village or township marshal; officer of the police department of any city, village, or township; officer of the Michigan state police; or other police officer or law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.44501
  • Person: means any individual, firm, partnership, association, and corporation. See Michigan Laws 3.161
  • Person: means an individual, partnership, corporation, association, governmental entity, or any other entity. See Michigan Laws 30.402
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Person: means an individual, partnership, association, firm, limited liability company, or corporation. See Michigan Laws 324.8501a
  • Person: means an individual, partnership, or corporation. See Michigan Laws 324.9301
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Plans and specifications: means a true description or representation of the entire sewerage system and parts of a system as the sewerage system exists or is to be constructed, and also a full and fair statement of how the system is to be operated. See Michigan Laws 324.4101
  • Plant rescue: means to physically move native conservation species of plants from 1 location in Michigan to another location in Michigan for the purpose of reestablishing the native conservation species. See Michigan Laws 324.9301
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means a police officer as defined in section 42 of the Michigan vehicle code, Act No. See Michigan Laws 324.9501
  • Portable: means not permanently affixed to a watercraft and capable of being immediately removed from a watercraft. See Michigan Laws 324.9501
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Primary public safety answering point: means that term as defined in section 102 of the emergency telephone service enabling act, 1986 PA 32, MCL 484. See Michigan Laws 324.3101
  • Priority list: means the annual ranked listing of projects developed by the department in section 5303. See Michigan Laws 324.5301
  • Priority list: means the annual ranked listing of projects developed by the department in section 5406. See Michigan Laws 324.5403
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means the inland lake aquatic invasive plant species control and eradication program established in section 41402. See Michigan Laws 324.41401
  • Project: means a proposal to install within 1 general area a new wastewater collection system. See Michigan Laws 324.4101
  • Project: means a sewage treatment works project, stormwater management project, or nonpoint source project, or a combination of these and may include utilization of more efficient energy and resources as described in any of the following:
    •     (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5301
  • Project: means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
    •     (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5403
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public or private property or water: includes , but is not limited to, any of the following:
    •     (i) The right-of-way of a road or highway, a body of water or watercourse, or the shore or beach of a body of water or watercourse, including the ice above the water. See Michigan Laws 324.8901
  • Public water supply: means a waterworks system that provides water for drinking or household purposes to persons other than the water supplier, except for those waterworks systems that supply water to only 1 house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent. See Michigan Laws 324.5403
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means a person who is of legal age to vote and can demonstrate residency in the district with 1 piece of identification. See Michigan Laws 324.9301
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 30.402
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • seal: shall be construed to include any of the following:
    •     (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Sediments: means any matter settled out of ballast water within a vessel. See Michigan Laws 324.3101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewage: means human body wastes, treated or untreated. See Michigan Laws 324.9501
  • Sewage sludge: means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste. See Michigan Laws 324.3101
  • Sewage sludge derivative: means a product for land application derived from sewage sludge that does not include solid waste or other waste regulated under this act. See Michigan Laws 324.3101
  • Sewage sludge distributor: means a person who applies, markets, or distributes, except at retail, a sewage sludge derivative. See Michigan Laws 324.3101
  • Sewage sludge generator: means a person who generates sewage sludge that is applied to land. See Michigan Laws 324.3101
  • Sewage treatment works project: means construction activities on any device or system for the treatment, storage, collection, conveyance, recycling, or reclamation of the sewage of a municipality, including combined sewer overflow correction and major rehabilitation of sewers. See Michigan Laws 324.5301
  • Sewerage system: means a system of pipes and structures including pipes, channels, conduits, manholes, pumping stations, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally, actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes that are capable of adversely affecting the public health. See Michigan Laws 324.4101
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Simple pumping station and force main: means the installation of a duplex pumping station and a force main with only 1 high point and of length of no more than 2,000 feet that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • Small diameter pressure sewer and grinder pumping station: means a single project that includes the installation of new pressure sewers totaling not more than 5,000 feet and not more than 25 grinder pumping stations with each grinder pumping station serving not more than 5 separate owners and that is to be connected to an existing gravity collection system to provide sewer service to new areas previously not served by the public sewer system. See Michigan Laws 324.4101
  • State: means this state. See Michigan Laws 324.9301
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • State agency: means a department, board, commission, office, agency, authority, or other unit of state government. See Michigan Laws 2.161
  • State executive officers: means the elected heads of the principal departments of this state. See Michigan Laws 31.2
  • State forester: means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director. See Michigan Laws 324.50502
  • State of disaster: means an executive order or proclamation that activates the disaster response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402
  • State of emergency: means an executive order or proclamation that activates the emergency response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402
  • State water pollution control revolving fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5201
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Stock: means game. See Michigan Laws 324.42701
  • Stormwater management project: means construction activities of a municipality on any device or system for the treatment, storage, recycling, or reclamation of storm water that is conveyed by a storm sewer that is separate from a sanitary sewer. See Michigan Laws 324.5301
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See Michigan Laws 41.1b
  • supplier: means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. See Michigan Laws 324.5403
  • Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502
  • system: means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes:
    •     (i) Wells and well structures. See Michigan Laws 324.5403
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Threshold reporting quantity: means that term as defined in R 324. See Michigan Laws 324.3101
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Township board: means the township board of a township constituted as provided in section 70. See Michigan Laws 41.1b
  • Tract: means tract as that term is used by the United States department of commerce, bureau of the census in conducting the 2010 decennial census. See Michigan Laws 3.55
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means the treasurer of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a trustee of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Unavailable: means that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of the office because of a vacancy, and his duly authorized deputy are not available to exercise the powers and discharge the duties of the office. See Michigan Laws 31.2
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unit of local government: means a political subdivision of this state, including school districts, community college districts, intermediate school districts, public school academies, cities, villages, townships, counties, and authorities, if the political subdivision has as its primary purpose the providing of local governmental service for citizens in a geographically limited area of the state and has the power to act primarily on behalf of that area. See Michigan Laws 2.161
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Use: means the loading, mixing, applying, storing, transporting, or disposing of a fertilizer. See Michigan Laws 324.8501a
  • Vehicle: means a motor vehicle registered or required to be registered under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.8901
  • Venue: The geographical location in which a case is tried.
  • Vessel: means a vessel registered under part 801. See Michigan Laws 324.8901
  • Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion. See Michigan Laws 324.44501
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • waterbody: means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state including the Great Lakes bordering this state. See Michigan Laws 324.3302
  • Watercraft: means a contrivance used or capable of being used for navigation upon water, whether or not capable of self-propulsion, including foreign and domestic vessels engaged in commerce upon the waters of this state, passenger or other cargo-carrying vessels, and privately owned recreational watercraft. See Michigan Laws 324.9501
  • Watercraft: means any conveyance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat. See Michigan Laws 324.41301
  • Waters of the state: means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state. See Michigan Laws 324.3101
  • Waters of the state: means any waters within the territorial limits of this state and includes those waters of the Great Lakes which are under the jurisdiction of this state. See Michigan Laws 324.44501
  • Waters of this state: means waters within the territorial limits of this state including the waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.9501
  • Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.44501
  • Wetland mitigation bank: means a site where wetlands are restored, created, or preserved for the purpose of doing both of the following:
    •     (i) To provide compensatory mitigation in accordance with the provisions of part 303, in advance of authorized, unavoidable impacts to wetlands. See Michigan Laws 324.5201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.