PREAMBLE

“We, the people of the City of Potterville, County of Eaton, State of Michigan, mindful of the ideals and labors of our fathers in founding and developing this community, and pursuant to authority granted by the Constitution and Laws of the State of Michigan, in order to maintain a city government, and to provide for the public peace and health and for safety of persons and property, do hereby ordain and establish this charter for the City of Potterville, Michigan.

ARTICLE I. GENERAL

NAME, BOUNDARIES AND POLITICAL SUBDIVIONS OF THE CITY AND DEFINITIONS

Section 1.01. Name.

The official name of the city governed by this charter shall be the City ofPotterville, hereinafter referred to as City.

Section 1.02. Boundaries.

The City boundaries existing when this charter takes effect shall continue in force until changed in accordance with law. A technical description of the City boundaries may be obtained from the State Boundary Commission.

State Law Reference – Alteration of boundaries, MCL 117.6 et seq.

Section 1.03. Political subdivisions.

The City shall constitute one ward, unless changed, in accordance with the laws of this state.

Section 1.04. Tense, number and gender.

Words used in the present tense shall not be limited to the time of the adoption of this charter, but shall extend to and include the time of the happening of any event or requirement of the provisions applied. The singular shall include the plural. The plural shall include the singular. The masculine gender shall include the feminine gender and the neuter.

ARTICLE II. POWERS OF THE CITY

Section 2.01. Powers of the City.

The City shall have, and be vested with, any and all powers, privileges, and immunities, expressed and implied, which cities and their officers are, or hereafter may be, permitted to exercise or to provide for in their charter under the constitution and laws of the State of Michigan, and all powers, privileges and immunities which cities are permitted to or may provide in their charters by Public Act No. 279 of 1909 (MCL 117.1 et seq.), as amended, as fully and completely as if those powers, privileges and immunities, including each and every permissible charter provision as enumerated in the aforementioned act, were specifically enumerated and set forth within this charter.

State law reference – Permissible that charter provide that the city may exercise all municipal powers in the management and control of municipal property and in the administration of municipal government, MCL 117.4j(3).

Section 2.02. Construction.

The powers of the City under this charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power stated in this article.

Section 2.03. Intergovernmental relations.

The City may exercise any of its powers or perform any of its functions and participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states, or their agencies thereof, or in combination of cities, villages or townships or other political subdivisions of the states, or the United States or any agency thereof.

State law reference – Intergovernmental contracts between municipal corporations, MCL 124.1 et seq.

ARTICLE III. CITY COUNCIL

Section 3.01.    Composition, eligibility, election and terms.

(a) Composition. There shall be a City Council of seven members elected by the qualified voters of the City at large.

(b) Eligibility. Only qualified voters of the City shall be eligible to hold the office of Councilman, and Mayor.

(c) Election and terms. The regular election of Councilmen shall be held on the first Tuesday after the first Monday of November of each odd numbered year, in the manner provided in Article VIII. At the first election under this charter four Councilmen shall be elected; the three candidates receiving the greatest number of votes shall serve for terms of four years, and the one candidate receiving the next greatest number of votes shall serve for terms of two years. Commencing at the next regular elections, four Councilmen shall be elected; each of the three candidates receiving the greatest number of votes shall serve a four-year term, and the one receiving the fourth greatest number of votes shall serve for a two-year term. The terms for Councilmen shall begin the (1st) first day of January after their election.

State law reference – Charter to provide for time of holding election, MCL 117.3 (c); charter to provide for manner and means of holding elections, MCL 117.3 (c);Michigan election law, MCL 168.1 et seq.

Section 3.02. Compensation; expenses.

The Council may determine an annual salary of Councilmen by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Councilmen elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six months. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties in office.

State law reference – Salaries, terms of office, MCL 117.5 (d).

Section 3.03. Mayor.

The Council shall elect from among its members officers of the City who shall have the titles of Mayor and Deputy Mayor, each of whom shall serve at the pleasure of the Council. The mayor shall preside at meetings of the council, shall be recognized as head of City government for all ceremonial purposes and by the Governor for purposes of military law but shall have no administrative duties. The Deputy Mayor shall act as mayor during the absence or disability of the Mayor.

Section 3.04. General powers and duties.

All powers of the City shall be vested in the Council, except as otherwise provided by law or this charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.

Section 3.05. Prohibitions.

(a) Holding other office. Except where authorized by law, no councilman shall hold any other City office or employment during the term for which he or she was elected to [the] council, and no former councilman shall be employed by the City until one year after the expiration of the term for which he was elected to the council.

(b) Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees who the Manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to [the] appointment and removal of such officers and employees.

(c) Interference with administration. Except for the purpose of inquiries and investigations under section 3.09, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

(Res. No. 01-10, ref. of 11-6-2001)

Section 3.06. Vacancies; forfeiture of office; filling for vacancies.

(a)   Vacancies. The office of Councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office.

(b)   Forfeiture of office. The City Council shall declare the forfeiture of the office of any councilmember and may remove him or her at any time during the term. The position of a councilmember may be forfeited if he or she:

(1)      Lacks at any time qualifications required by this Charter.

(2)      Violates any express prohibitions of this Charter.

(3)      Is convicted of a crime involving moral turpitude, whether a felony or a misdemeanor.

(4)      Commits misconduct in office which include, but not necessarily limited to:

(a)   Public intoxication.

(b)   While in City Hall, or in any public place, makes or excites any disturbance or contention, as defined by law.

(c)    Conviction of a charge of criminal contempt for a violation of a valid personal protection order entered by a Michigan Court.

(d)   Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council.

(c)    Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term if any, at the next regular election following not less than 60 days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to do so within 30 days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VIII. Notwithstanding the requirement in section 3.11 that a quorum of the Council is reduced to less than four, the remaining members may by majority action appoint additional members to raise the membership to four.

(Res. No. 01-11, ref. of 11-6-2001)

State law reference – Vacancies, filling, MCL 201.37.

Section 3.07. Judge of qualifications.

The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.

State law reference – Mandatory that charter provide for the qualifications and duties of its officers, MCL 117.3(d).

Section 3.08. City Clerk.

The Council shall appoint an officer of the City who shall have the title of City Clerk. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings in the English language, be the Clerk of the Council and perform such other duties as are assigned to him by this charter or by the Council. The Clerk shall be the chief accountant of the City and shall maintain a uniform system of accounts which shall conform to the requirements of state law.

Section 3.09. Investigations.

The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails to or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than $100.00, or by imprisonment of not more than 90 (ninety) day, or both.

Section 3.10. Independent audit.

The Council shall provide for an independent bi-annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such a fiscal year. If the state makes such an audit, the Council may accept it as satisfying the requirements of this section.

Section 3.11. Procedure.

(a)   Meetings. The Council shall meet regularly at least once in every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the mayor or four or more members and, whenever practicable, upon no less than eighteen hours notice to each member. The business which the Council may perform shall be conducted at a public meeting held in compliance with Public Act No. 267 of 1867 (MCL 15.261 et seq.) as amended.

(b)   Rules, journal and records. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record and made available to the general public in compliance with Public Act No. 442 of 1976 (MCL 15.231 et seq.), as amended, and Public Act No. 267 of 1976 (MCL 15.261 et seq.), as amended. All records of the City shall be public, as provided by law.

(c)    Voting, quorum. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the proceeding sentence and in section 3.06, shall be valid or binding unless adopted by the affirmative vote of four or more members of the Council.

State law reference – Mandatory for charter to provide for adopting, continuing, amending and repealing city ordinances, MCL 117.3(k).

Section 3.12. Action requiring an ordinance.

In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the City Council shall be by ordinance which:

(1)      Adopt or amend an administrative code or establish, alter abolish any City department, office or agency;

(2)      Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(3)      Grant, renew or extend a franchise;

(4)      Adopt with or without amendment [any] ordinance proposed under the initiative power; and

(5)      Amend or repeal any ordinance previously adopted, except as otherwise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum power.

Acts other than those referred to in the proceeding sentence may be done either by ordinance or resolution.

Section 3.13. Ordinances in general.

(a)   Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be “The City of Potterville hereby ordains….” Any ordinance which repeals or amends an existing ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter be underscoring or by italics.

(b)   Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to each Councilmember and to the Manager, shall file a reasonable number of copies in the office of the City Clerk and such other public places as the Council may designate, and shall publish a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing shall follow publication by at least seven days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be heard. After the hearing the Council may adopt the ordinance with or without amendment or reject it. As soon as practicable after adoption of any ordinance, the Clerk shall have it published together with notice of its adoption.

(c)    Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein.

(d)   “Publish” defined. As used in this charter, the term publish means as follows:

(1)      When used in reference to Section 3.13, the term “publish” means to print the ordinance or a brief summary in one or more newspapers of general circulation in the City, along with providing copies at City Hall, during its normal hours of operation.

(2)      When used elsewhere in the charter, the term “publish” means to print in a newspaper of general circulation, or, at the option of the City Council, to disseminate the written information on the public access channel of the local cable television system, and to provide copies of said written documents, at City Hall, during its normal hours of operation.

State law reference – Power of city to adopt ordinances relative to municipal concerns, Mich. Const. art. VII, § 22; charter to provide for adopting, amending and repealing ordinances and publication thereof, MCL 117.3(k).

Section 3.14. Emergency ordinances.

To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least five members shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such time as it may specify.

Section 3.15. Codes of technical regulations.

The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

(1)      The requirements of section 3.13, for distribution and filing copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and

(2)      A copy of each adopted code of technical regulations as well as of the adopting ordinances shall be authenticated and recorded by the City Clerk pursuant to subsection 3.16(a).

Copies of any adopted code of technical regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price.

State law reference – Mandatory for charter to provide for adoption of technical codes, MCL 117.3(k).

Section 3.16. Authentication and recording; codification; printing.

(a)   Authentication and recording. The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the Council.

(b)   Codification. Within three years after adoption of this charter and at least every ten years thereafter, the Council shall provide for the preparation of a general codification of all City ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or looseleaf form, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state ofMichigan, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the Potterville City Code. Copies of the code shall be furnished to City officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council.

(c)    Printing or ordinance and resolutions. The Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the council. Following publication of the first Potterville City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state ofMichigan, or the codes of technical regulations and other rules and regulations included in the code.

State law reference – Codification authority, MCL 117.5b.

ARTICLE IV. CITY MANAGER*

Section 4.01.    Appointment; qualifications; compensation.

The Council shall appoint a City Manager for an indefinite term and fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications.

Section 4.02. Removal.

The Council may remove the Manager from office in accordance with the following procedures:

(1)      The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the Manager.

(2)      Within five days after a copy of the resolution is delivered to the Manager, he may file with the Clerk to be forwarded to the Council a written request for public hearing. This hearing shall be held at a Council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The Manager may file with the Council a written reply not later than five days before the meeting.

(3)      The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the Manager; if he has not requested a public hearing, or at any time after the public hearing if he has requested one.

The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.

Section 4.03. Acting City Manager.

By letter filed with the City Clerk the Manager shall designate, subject to approval of the Council, a qualified City administrative officer to exercise the powers and perform the duties of Manager during his temporary absence or disability. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his disability shall cease.

Section 4.04. Powers and duties of the City Manager.

The City Manager shall be the chief administrative officer of the city. He shall be responsible to the Council for the administration of all City affairs placed in his charge by or under this charter. He shall have the following powers and duties:

(1)      He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all City employees and appointive administrative officers provided by law, this charter or personnel rules adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency.

(2)      He shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law.

(3)      He shall attend all Council meetings and shall have the right to take part in discussion but not to vote.

(4)      He shall see that all laws, provisions of this charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.

(5)      He shall prepare and submit the annual budget and capital program to the Council.

(6)      He shall submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year.

(7)      He shall make such other reports as the Council may require concerning the operations of the City departments, offices and agencies subject to his direction and supervision.

(8)      He shall keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City as he deems desirable.

(9)      He shall perform such other duties as are specified in this charter or as may be required by Council.

ARTICLE V. ADMINISTRATIVE

DEPARTMENTS

Section 5.01. General provisions.

(a)   Creation of departments. There shall be within the administrative service of the City a Board of Review, Assessor, Treasurer, Police Chief and Fire Chief. The Council may establish such other City departments, offices or agencies in addition to that created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to another.

(b)   Direction by Manager. All departments, offices and agencies under the direction and supervision of the Manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager. The City Manager shall appoint the Assessor, Board of Review, Treasurer and Police Chief. With the consent of Council, the Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

(c)    Appointive officers, duties. All appointive officers of the City shall perform such duties as are provided by state law, this charter, the City Ordinances, and the administrative directives of the Manager. The City Treasurer shall have such powers and duties and prerogatives with regard to the collection and custody of state, county, school district, and City taxes and moneys as are conferred by law upon township treasurers in connection with state, county, township and school district taxes upon real and personal property. The City assessor shall have all power vested in, and shall be charged with all the duties imposed upon, assessing officers by general laws of the state. He shall prepare all regular and special assessment rolls in the manner prescribed by this charter, by ordinance and by the general laws of the state.

(d)   [Qualifications.] The qualifications of appointive officers of the City shall be based solely on their education and qualifications.

(e)   [Compensation.] The compensation of appointive officers of the City shall be set by the City Manager in accordance with the budget appropriations.

Section 5.02. Personnel system.

The City Manager shall prepare personnel rules. The Manager shall refer such proposed rules to the City Council and the Council may by ordinance adopt them with or without amendment. These rules shall provide for:

(1)   The classifications of all City positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances.

(2)   A pay plan for all City positions;

(3)   Methods for determining the merit and fitness of candidates for appointment or promotion;

(4)   The policies and procedures regulating reduction in force and removal of employees;

(5)   The hours of work, attendance regulations and provisions for sick and vacation leave;

(6)   The policies and procedures governing persons holding provisional appointments;

(7)   The policies and procedures governing relationships with employee organizations;

(8)   Policies regarding in-service training programs;

(9)   Grievance procedures, including procedures for the hearing of grievances by the City Council, which may render final decisions based on its findings, and

(10) Other practices and procedures necessary to the administration of the City personnel system.

Section 5.03. Legal officer.

There shall be a legal officer of the city, appointed by the Council as provided in section 5.01, who shall serve as chief legal adviser to the Council, the Manager and all City departments, offices and agencies, shall represent the City in all legal proceedings and shall perform any other duties prescribed by this charter or by ordinance.

ARTICLE VI. GENERAL FINANCE AND TAXATION*

Section 6.01. Fiscal year.

The fiscal year of the City shall begin on the first day of July and end on the last day of June.

Section 6.02. Submission of the budget and budget message.

The Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message in the time frame as established by resolution of the Council.

Section 6.03. Budget message.

The Manager’s message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city’s debt position and include such other material as the Manager deems desirable.

Section 6.04. Budget.

The budget shall provide such financial data, and in such form as required by state statute.

Section 6.05. Council action on budget, levy of taxes.

(a)   Notice and Hearing. The Council shall publish such notice of a public hearing as required by state statute.

(b)   Amendment before adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs of [or] amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income and fund balance.

(c)    Adoption. The Council shall adopt the budget on or before the 30th day of June of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed.

(d)   [Levy of taxes.] The levy of the amount of taxes for the aforementioned budget tax levy shall not exceed one and one-half (1½) percent of the taxable value of all real and personal property subject to taxation in the city, as annually affected by the Headly amendment, be further reduced by eighty (80) percent annually of new taxable additions to the city’s taxable value for five years; thereafter fifty (50) percent of new taxable additions.

(Res. No. 06-05, ref. of 5-2-2006)

State law reference – Public hearing required prior to adoption of budget, Mich. Const. art. VII, § 32; budget hearing of local governments, MCL 141.411 – 141.415.

Section 6.06. Public records.

Copies of the budget as adopted shall be public records and shall be made available to the public at suitable places in the city.

State law reference – Freedom of information act, MCL 15.261 et seq.

Section 6.07. Amendments after adoption.

(a)   Supplemental appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations. The Council may make such supplemental appropriations, as the Council deems necessary, by procedures established by state statute.

Section 6.08. Lapse of appropriations.

Every appropriation, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered.

Section 6.09. Administration of budget.

(a)   Work programs and allotments. At such time as the Manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by periods within the year. The Manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. He may revise such allotments during the year if he deems it desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to section 6.07.

(b)   Payments and obligations prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the Manager or his designee first certifies that these is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment or incurred such obligation, and he shall also be liable to the City for any amount so paid [sic]. However, except where prohibited by law, nothing in this charter shall be construed to prevent the making or [or] authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance or resolution.

Section 6.10. Power to tax.

The City shall have the power to assess, levy and collect taxes, rents, tolls and excises.

State law reference – General powers of city to levy taxes for public purposes, Mich. Const. art. VII, § 21.

Section 6.11. Subjects of taxation.

The subjects of ad valorem taxation for municipal purposes shall be the same as for state, county and school purposes under the general law. Except as otherwise provided by this charter, City taxes shall be levied, collected and returned in the manner provided by statute.

State law reference – Mandatory for charter to provide that subjects of taxation are the same as state, county and school purposes under the general law, MCL 117.3(f).

Section 6.12. Exemptions.

No exemptions from taxation shall be allowed, except as expressly required or permitted by statute.

State law reference – Real estate exemptions, MCL 211.7 et seq.

Section 6.13. Tax day.

Unless otherwise provided the thirty-first day of December in each year shall be tax day of [for] both real and personal property in the City.

State law reference – Levy date, MCL 211.2.

Section 6.14. Preparation of the assessment roll.

On or before the first Monday in March in each year the assessor shall prepare and certify an assessment roll of all property in the City subject to taxation. Such roll shall be prepared in accordance with statute and this charter. Values shall be estimated according to recognized methods of systematic assessment. The records of the assessor shall show separate figures for the value of land, of the building improvements and of the personal property; and the method of estimating such values shall be as nearly uniform as possible. Notwithstanding the foregoing, if the county prepares such assessment roll as provided by statute the City shall utilize such assessment roll.

State law reference – Charter to provide for the times of preparation and confirmation of assessment roll, MCL 117.3(i); assessment roll, MCL 211.24 et seq.

Section 6.15. City tax roll.

After the Board of Review has completed its review of the assessment roll the Assessor shall prepare a copy of the assessment roll to be known as the “City Tax Roll” and upon receiving the certification of the several amounts to be raised the assessor shall spread upon said tax roll the several amounts determined by the Council to be charged, assessed or reassessed against persons or property. He shall also spread the amounts of the general City tax according to and in proportion to the several valuations set forth in said assessment roll. To avoid fractions in computation on any tax roll, the assessor may add to the amount of the several taxes to be raised not more than the amount prescribed by statute. Any excess created thereby on any tax rolls shall belong to the City.

State law reference – Completion of assessment, avoidance of fractions, MCL 211.39.

Section 6.16. City tax roll certified for collection.

After extending taxes aforesaid the assessor shall certify said tax roll and shall annex his warrant thereto, directing and requiring the Treasurer to collect from the several persons named in said roll the several sums mentioned therein opposite their respective names as a tax or assessment, and granting to him for the purpose of collecting the taxes, assessments, and charges on such roll, all the powers and immunities possessed by township treasurers for the collection of taxes under the general laws of the state.

State law reference – Board of review, endorsement and signed statement, MCL 211.30(3); completed roll valid, conclusive presumption, MCL 211.31.

Section 6.17. Taxes lien.

The taxes thus assessed shall become a debt due to the City from the persons to whom they are assessed. The amounts assessed on any interest in real property shall become a lien upon such real property for such amounts and for all interest and charges thereon and all personal taxes shall become a first lien on all personal property of such persons so assessed.

The liens shall take precedence over all other claims, encumbrances and liens to the extent provided by statute and shall continue until such taxes, interest and charges are paid.

Section 6.18. Taxes due: Notification.

City taxes shall be due on the first day of July of the year when levied. The Treasurer shall not be required to call upon the persons named in the City tax roll, nor to make personal demand for the payment of taxes, but shall give notice as provided by state statute which notice shall be deemed sufficient for the payment of all taxes on said roll. Failure on the part of the treasurer to give said notice shall not invalidate the taxes on said tax roll nor release any person or property assessed from the penalty provided in this charter in case of nonpayment of the same.

Section 6.19. Collection of City taxes.

City taxes shall be due and payable on the first day of July of each year. To all taxes there may be added one (1) percent as a collection fee. To all taxes paid after September 15, there may be added, up to the maximum, a penalty as provided by state statute. The added collection fees and penalties and interest herein provided shall belong to the City and shall constitute a charge and shall be a lien against the property to which the taxes themselves apply, collectible in the same manner as the taxes to which they are added.

State law reference – Collection of taxes, MCL 211.44 et seq.

Section 6.20. Protection of City lien.

The City shall have the power to acquire by purchase any premises within the City at any tax or other public sale or by direct purchase from the State of Michigan or the fee owner, when such purchase is necessary to protect the lien of the securing therefrom the amount of such taxes or special assessments, or both together with any incidental expenses incurred in connection with the exercise of this power. Any such procedure exercised by the City in the protection of its tax lien shall be deemed to be for a public purpose.

Section 6.21. State, county, and school taxes.

For the purpose of assessing taxes in the City for state, county, and school purposes, the City shall be considered the same as a township, and all provisions of state law relative to the collection of such taxes and the fees to be paid therefor, the accounting therefore to the appropriate taxing units, and the returning of taxes to the county treasurer for nonpayment thereof shall apply to the performance thereof by the Treasurer, who shall perform the same duties and have the same powers as township treasurers under the state law.

State law reference – Charter to provide for taxation, MCL 117.3(h).

Section 6.22. Municipal borrowing power.

Subject to the applicable provisions of law and this charter, the Council may by ordinance or resolution authorize the borrowing of money for any purpose within the scope of powers vested in the City and permitted by law and may authorize the issuance of bonds or other evidence of indebtedness, therefor, such bonds or other evidence of indebtedness shall include but not be limited to the following types:

(1)   General Obligations which pledge the full faith, credit and resources of the City for the payment of such obligations; when authorized by a three-fifths vote of the electors voting thereon at any general or special election;

(2)   Notes issued in anticipation of the collection of taxes;

(3)   In case of fire, flood, or other calamity, emergency loans due in not more than five years for the relief of the inhabitants of the City and for the preservation of municipal property;

(4)   Special assessment bonds issued in anticipation of the payment of special assessments made for the purpose of defraying the cost of any public improvement, or in anticipation of the payment of any combination of such special assessments. Such special assessment bonds may be an obligation of the special assessment district or districts and a general obligation to the City.

(5)   Mortgage bonds for the acquiring, owning, purchasing, constructing, improving, or operating of any public utility which the City is authorized by this charter to acquire or operate, provided such bonds shall not impose any liability upon such City but shall be secured only upon the property and revenues of such public utility including a franchise, stating the terms upon which, in case of foreclosure the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure. Such bonds shall be authorized by a three-fifths vote of the electors voting thereon at any general or special election. A sinking fund shall be created in the event of the issuance of such bonds, by setting aside such percentage of the gross or net earnings of the public utility as may be deemed sufficient for the payment of the mortgage bonds at maturity, unless serial bonds are issued of such a nature that no sinking fund is required.

(6)   Bonds for the refunding of the funded indebtedness of the City.

(7)   Revenue bonds as authorized by statute which are secured only by the revenue from a public improvement and do not constitute a general obligation to the City.

State law reference – Municipal power to borrow money and contract debts, Mich. Const. art. VII, § 21; charter may provide for city borrowing, MCL 117.4a.

ARTICLE VII. PLANNING*

Section 7.01. Planning.

There shall be a City planning board created by ordinance established and governed by the laws of the State ofMichiganwith regards to the duties, members, appointment, compensation, term, removal from office and vacancies. The planning board shall have such tasks, duties and other responsibilities as required by ordinance or the laws of the State ofMichigan.

ARTICLE VIII. NOMINATIONS AND ELECTIONS[2]

Section 8.01. City elections.

(a)   Regular elections. The regular City election shall be held on the first Tuesday after the first Monday of November in each odd numbered year.

(b)   Qualified voters. All citizens qualified by the constitution and laws of the State of Michigan to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this charter.

(c)    Conduct of elections. Except as otherwise provided by this charter, the provisions of the general election laws of the State ofMichiganshall apply to the elections held under this charter. All elections provided for by this charter shall be conducted by the election authorities established by law. For the conduct of the City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the Council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this charter, and the election authorities may adopt, and if they adopt shall publicize, further regulations consistent with law and this charter and the regulations of the Council.

State law reference – Elections, general provisions, MCL 117.26; odd year general election on first Tuesday of November, MCL 168.644a.

Section 8.02. Nominations.

(a)   Petitions. Candidates for election to the City Council shall be nominated by petition. Any qualified voter of the City may be nominated for election as a Councilman at large by a petition signed by qualified voters of the city, of not more than 30 nor less than 15 for which the candidate is nominated [sic]. The signatures to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition there shall be attached an affidavit executed by its circulator stating the number of the signers of the paper, that each signature of the person whose name it purports to be. The signatures shall be executed in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing and the place of his residence.

(b)   Filling [Filing] and acceptance. All separate papers comprising a nominating petition shall be assembled and filed with the Clerk as one instrument in no case later than the date on which a primary would be held. The Tuesday after the first Monday in August [sic]. The election authorities shall make a record of the exact time when each petition is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination.

(c)    Procedure after filing. Within five days after the filing of a nominating petition, the election authorities shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed in this charter. If a petition is found insufficient, the election authorities shall return it immediately to the person who filed it with a statement certifying wherein it was found insufficient. Within the regular time for filing petitions such a petition may be amended and filed again as a new petition or a different petition may be filed for the same candidate. The election authorities shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions.

State law reference – Charter to provide for nomination of elective officers, MCL 117.3(b); candidates for local offices, MCL 168.646a.

Section 8.03. Council ballots.

(a)   Names on ballots. The full names of all candidates nominated for membership in the City Council, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses or occupations shall be printed with their names on the ballot. Candidates names shall appear on the ballot according to state law.

State law reference – Candidate names on ballots, MCL 168.691.

Section 8.04. Watchers and challengers.

A regularly nominated candidate shall be entitled, upon written application to the election authorities at least five days before the election, to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed shall have all the rights and privileges prescribed for watchers and challengers by or under the general election laws of the State ofMichigan. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

State law reference – Rights of watchers and challengers, MCL 168.733.

Section 8.05. Determination of election results.

(a)   Number of votes. Every voter shall be entitled to vote for as many candidates for the City Council as there are members to be elected to the Council.

Section 8.06. Ballots for ordinance and charter amendments.

An ordinance or charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” Immediately below such question shall appear, in the following order, the words “yes” and “no” and to the left of each a square in which by making a cross (X) the voter may cast his vote.

Section 8.07. Voting machines.

The Council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law.

State law reference – Voting machines, MCL 168.772.

Section 8.08. Availability of list of qualified voters.

If for any purpose relating to a general or City election or to candidates or issues involved in such an election, any organization, group or person requests a list of qualified voters of the city, the department, office or agency which has custody of that list shall either permit the organization, group or person to copy the voters names and addresses from the list or furnish a copy of the list.

ARTICLE IX. INITIATIVE AND

REFERENDUM[3]

Section 9.01. General authority.

(a)   Initiative. The qualified voters of the City shall have the power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at he City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees.

(b)   Referendum. The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal and ordinance so reconsidered, to approve or reject it at a City election, provided that such power does not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

Section 9.02. Commencement of proceedings; petitioners; committee; affidavit.

Any five qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

Promptly after the affidavit of the petitioners’ committee is filed the Clerk shall issue the appropriate petition blanks to the petitioners’ committee.

Section 9.03. Petitions.

(a)   Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least 15 percent of the total number of qualified voters registered to vote at the last regular City election.

(b)   Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or inedible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

(c)    Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

(d)   Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the Council of the ordinance sought to be reconsidered.

State law reference – Filing petitions, signatures, MCL 117.25 et seq.

Section 9.04. Procedure after filing.

(a)   Certificate of clerk; amendment. Within twenty days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten days after receiving copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 9.03, and within five days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is found insufficient and the petitioners’ committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present his certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.

(b)   Council review. If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council’s determination shall then be a final determination as to the sufficiency of the petition.

(c)    Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

Section 9.05. Referendum petitions; suspension of effect of ordinance.

When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

(1)   There is a final determination of insufficiency of the petition, or

(2)   The petitioners’ committee withdraws the petition, or

(3)   The Council repeals the ordinance, or

(4)   Thirty days have elapsed after a vote of the City on the ordinance.

Section 9.06. Action on petitions.

(a)   Action by council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in Article III or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city.

(b)   Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of the final Council vote thereon. IF no regular City election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise the vote shall be held at the same time as such regular election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

(c)    Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four members of the petitioners’ committee. Upon the filing of such a request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 9.07. Results of election.

(a)   Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of the conflict.

(b)   Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

State law reference – Elections, general provisions, MCL 117.26.

ARTICLE X. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS[4]

Section 10.01. General power relative to special assessments.

The Council shall have the power to determine the necessity of any local public improvement and to determine that the whole or any part of the expense thereof shall be defrayed by special assessment upon the property especially benefited and shall so declare by resolution, provided that all special assessments levied shall be based upon or be in proportion to the benefits derived or to be derived. Such resolution shall state the estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessment, and what part, if any, shall be a general obligation of the city, and the number of installments in which assessments may be paid, and shall designate the districts or land and premises upon which special assessments shall be levied.

Section 10.02. Detailed procedure to be fixed by ordinance.

The Council shall prescribe by general ordinance the complete special assessment procedure concerning the initiation of projects, plans and specifications, estimates of costs, notice of hearings making and confirming assessments rolls in advance of starting the improvement, and the correction of errors therein, collection of special assessments, and any other matters concerning making of improvements by the special assessment method.

ARITCLE XI. MUNICIPAL UTILITIES[5]

Section 11.01. General powers respecting utilities.

The City shall possess and hereby reserves to itself all the powers granted to cities by the constitution and general laws of the State of Michigan to acquire, construct, own, operate, improve, enlarge, extend, repair and maintain, either within or without its corporate limits, including, but not by way of limitation, public utilities for supplying water, light, heat, power, gas, sewage treatment, and garbage disposal facilities, or any of them, to the municipality and the inhabitants thereof; and also to sell and deliver water, light, heat, gas and other public utility services, without  its corporate limits to any amount not to exceed the limitations set by state law and constitution.

State law reference – Permissible city powers over utilities, MCL 117.4f.

Section 11.02. Rates.

The Council shall have the power to fix, from time to time, such just and equitable rates as may be deemed advisable for supplying the inhabitants of the City and other with water, with electricity for light, heat, and power; and with such other utility services as the City may provide.

Section 11.03. Utility charges – Collections.

The Council shall provide, by ordinance or resolution for the collection of all public utility charges made by the City. With respect to water, the City shall have all power granted to cities by Public Act No. 178 of 1939 (MCL 123.161 et seq.). When any person or persons, or any firm or corporation, shall fail or refuse to pay to the City any sums due on utility bills, service or services upon which such delinquency exists may be shut off or discontinued and such delinquent sums shall be a lien upon the property and collected as provided for the collection of City taxes. Suit may be instituted by the City for the collection of the same in any court of competent jurisdiction.

Section 11.04. Accounts.

Separate accounts, distinct from any other City accounts, shall be kept for each public utility owned or operated by the City in such a manner as to show the true and complete financial result of such City ownership or operation, or both, including all assets, liabilities, revenues and expenses. They shall show as nearly as possible, the value of any service furnished to or rendered by any such public utility by or to any City department. The Council shall annually cause a report to be made, showing the financial results of such City ownership or operation, or both, which report shall give for each utility, the information specified in this section, and such further information as the Council shall deem expedient. Such report shall be on file in the office of the Clerk for public inspection.

ARTICLE XII. STREETS AND PUBLIC GROUNDS[6]

Section 12.01. Supervision of public ways.

The Council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the City, and shall cause the same to be kept in repair, and free from nuisance.

The City shall not be liable in damages sustained by any person in such City either to his person or property by reason of any defective street, sidewalk, crosswalk, or public highway, situated in the city, or by reason of any obstruction, ice, snow or other encumbrance upon such street, sidewalk, crosswalk or public highway situated in the City unless such person shall serve, or cause to be served, within one hundred and twenty (120) days after such injury shall have occurred, a notice in writing upon the City Clerk, which notice shall set forth substantially the time when and place where such injury took place, the manner in which it occurred, and the extent of such injury as far as the same has become known, and that the person receiving such injury intends to hold the City liable for such damages as may have been sustained by him. Such notice shall also give the names and addresses of the witnesses known at the time of such notice by the claimant. Such notice shall be in writing and under oath.

No person shall bring any action for such injuries against the City for any such damages until such a claim shall have been filed with the City Clerk and until the Council shall have been given opportunity to act thereon, either by allowing or refusing to allow such claim.

It shall be a sufficient bar and answer in any court to any action or preceding for the collection of any demand or claim against the City under this section that the notice of injury and verified proof of claim as in this section required were not presented and filed within the time and in the manner as herein provided.

State law reference – Permissible for city to regulate public ways, MCL 117.4h.

Section 12.02. Requirement of public dedication.

The City shall not be responsible for the care, improvement or repair of any street or alley laid out or dedicated to public use by the proprietors of any lands which had not been actually accepted, worked and used by the public as a street or alley before its incorporation as a city, nor for the improvement and repair or [of] any street or alley laid out or dedicated by any such proprietor after such incorporation, unless the dedication shall have been accepted and confirmed by the Council by an ordinance or resolution especially passed for that purpose.

Section 12.03. Maintenance of public ways.

The Council shall have authority to lay out, open, widen, extend, straighten, alter, close, vacate or abolish any highway, street or alley in the City whenever they shall deem the same a public improvement; and if in so doing it shall be necessary to take or use private property, the same may be acquired by purchase, gift, condemnation, lease or otherwise of private property. The expense of such improvement may be paid by special assessments upon the property adjacent to or benefited by such improvement, or in the discretion of the Council, a portion of such costs and expenses may be paid by special assessment, and the balance from the general street fund.

State law reference – Permissible improvement of public streets, MCL 117.4h.

Section 12.04. Vacation of streets and alleys.

When the Council shall deem it advisable to vacate, discontinue or abolish any street, alley, or other public ground, or any part thereof, they shall by resolution so declare, and in the same resolution shall appoint a time, not less than four weeks thereafter when they will meet and hear objections thereto. Notice of such meeting with a copy of said resolution shall be published for not less than four weeks before the time appointed for such meeting, in one of the newspapers published or circulated in the City. Objections to such proposed action of the Council may be filed with the City Clerk in writing, and if any such shall be part thereof, shall not be vacated or discontinued, except by a concurring vote of two-thirds of the Councilmen elect.

Section 12.05. Recording dedication or vacation of streets.

Whenever the Council shall by resolution or other enactment, open any new street, highway, or alley, or vacate and street, highway, or alley or any portion of the same, or extend, widen, or change the name of any existing street, highway, or alley, it shall be the duty of the City Clerk within thirty days after the adoption as [of] such resolution or other enactment to forward to the auditor general of the State of Michigan and record with the register of deeds, a certified copy of the same, together with his certificate, giving the name or names of plat, subdivision or addition affected by such resolution or other enactment and such resolution, ordinance or other enactment shall have no force or effect until so recorded.

Section 12.06. Easement for public utilities.

Whenever the Council shall determine that it is necessary for the health, welfare, comfort and safety of the people of the City to discontinue an existing street or alley, as platted, it may by resolution, ordinance or other enactment, vacating such street or alley, reserve therein an easement for public utility purposes within the right-of-way of any alley so vacated.

ARTICLES XIII. GENERAL PROVISIONS.

Section 13.01. Prohibitions.

(a)   Activities prohibited.

(1)      No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex, political or religious opinions or affiliations.

(2)      No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

(3)      No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, promotion or proposed promotion.

(b)   Penalties. Any person who by himself or with others willfully violates any of the provisions of paragraphs (1) through (3) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ninety days or both. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any City office or position and, if an officer or employee of the city, shall immediately forfeit his office position.

Section 13.02. Charter amendment.

(a)   Proposal of amendment. Amendments to this charter may be framed and proposed in a manner prescribed by the laws of the State ofMichigan.

State law reference – Authority of city to amend charter, Mich. Const. art. VII, § 22; mandatory procedures for revision of charter, MCL 117.18 et seq.

Section 13.03. Separability.

If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby.

ARTICLE XIV. TRANSITIONAL

PROVISIONS

Section 14.01. Officers and employees.

(a)   Rights and privileges preserved. Nothing this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are City officers or employees at the time of its adoption.

(b)   Continuance of office or employment. Except as specifically provided by this charter, if at the time this charter takes full effect a City administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he shall continue in such office or position until the taking effect of some specific provision under this charter directing that he vacate the office or position.

(c)    Personnel system. An employee holding a City position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in section 5.02.

Section 14.02.  Departments, offices and agencies.

(a)   Transfer of powers. If a City department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated by this charter or, if the charter makes no provision, designated by the City Council.

(b)   Property and records. All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers and duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the Council in accordance with this charter.

Section 14.03. Pending matters.

All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the City department, office or agency appropriate under this charter.

Section 14.04. State and municipal laws.

(a)   In general. All City ordinances, resolutions and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws of the State of Michigan permit, all laws relating to or affecting this City or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinance or resolutions adopted pursuant thereto.

Section 14.05. First elections under this charter.

The first election of officers under this charter shall be held on the first Tuesday after the first Monday in November, 1989, at which election there shall be elected four (4) councilmen who shall hold office for terms as set forth in section 3.10(c) [3.01(c)]. The second election of Councilmen under this charter shall be held on the first Tuesday after the first Monday in November 1991, at which election there shall be elected four (4) Councilmen who shall be the three holdover Councilmen and the Councilman who was elected to the two-year term as provided in Section 3.01(b) [3.01(c)]. The nomination and election of officers at the above specified elections shall be in accordance with the provisions of this charter. Thereafter, all City elections for the election of officers of the City shall be held upon the dates specified therefore in this charter. The terms specified in this section are for the purpose of bridging the transition from the schedule of terms of office in the prior charter of the City and those herein provided.