1. NAMES AND BOUNDARIES
2. MUNICIPAL POWERS
4. PLAN OF GOVERNMENT
5. GENERAL PROVISION REGARDING OFFICERS & PERSONNEL OF THE CITY
6. THE COUNCIL
8. GENERAL FINANCE BUDGET, AUDIT
10. BORROWING POWER
11. SPECIAL ASSESSMENTS
12. PURCHASING & CONTRACTS
13. MUNICIPALLY OWNED UTILITIES
14. PUBLIC UTILITY FRANCHISE
16. TRANSITION PROVISIONS
RESOLUTION OF ADOPTION
PROPOSED REVISED CHARTER
We, the People of the City of West Branch do hereby ordain and establish this Charter in order to secure a friendly community to live in and to visit. To provide clean and healthy environment. To provide peaceful streets and to be secure in our homes. To insure orderly and controlled growth, AND, Being always grateful to Almighty God for the blessing of freedom.
CHAPTER 1: NAME AND BOUNDARIES
The municipal corporation now existing and known as the "City of West Branch" shall continue to be a body politic and corporate under the name of the "City of West Branch."
The boundaries of the City of West Branch shall be those presently on file with the Office of the Secretary of State of Michigan, together with such territory or territories as may from time-to-time be annexed thereto, and less such territory as may from time-to-time be detached therefrom in such manner as prescribed by law.
CHAPTER 2: MUNICIPAL POWERS
2.1 Continuation of Powers of Former Charter
2.2 General Powers
2.3 Further Definition of Powers
2.4 Exercise of Powers
2.5 Inter-Governmental Contracts
2.1 CONTINUATION OF POWERS OF FORMER CHARTER.
All powers, privileges, and immunities, not inconsistent with the provisions of this Charter, possessed by the City of West Branch by virtue of its incorporation as such and enumerated in Act 371 of the Local Acts of 1905, of the State of Michigan, the former Charter of the City, which is hereby superseded, are hereby retained by the City and shall constitute a part of the powers of the City even though not expressly enumerated herein.
2.2 GENERAL POWERS.
(a) Unless otherwise provided or limited in this Charter, the City and its officers shall possess and be vested with any and all powers, privileges, and immunities, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise or to provide for in their charters under the constitution and statutes of the State of Michigan, including all powers, privileges, and immunities which cities are, or may be permitted to provide in their charters by Public Act 279 of 1909, as fully and completely as though these powers, privileges, and immunities were specifically enumerated in and provided for in this Charter, and in no case shall any enumeration of particular powers, privileges, or immunities herein be exclusive or limit in any way the general powers stated in this section.
(b) The City and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the City, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to enact and enforce all laws, ordinances and resolutions relating to its municipal concerns, subject to the Constitution and statutes and the provisions of this Charter.
2.3 FURTHER DEFINITION OF POWERS.
In addition to the powers possessed by the City under the Constitution and statues, and those set forth throughout this Charter, the City shall have power with respect to and may, by ordinance and other lawful acts of its officers, provide for the following subject to any specific limitations placed thereon by this Charter:
(a) The acquisition by purchase, gift, condemnation, lease, construction or in any manner permitted by statute, of private property of every type and nature for public use, which property may be located within or without the County of Ogemaw and which may be required for or incidental to the present or future exercise of the purposes, powers and duties of the City, either proprietary of otherwise:
(b) The maintenance, development, operation, leasing and disposal of City property subject to any restrictions placed thereon by statute or this Charter:
(c) The refunding of money advanced or paid on special assessments for water main extensions;
(d) The installation and connection of conduits for the service of municipally owned and operated electric lighting plants;
(e) The purchase or condemnation of the franchises and of the property used in the operation of companies or individuals engaged in the cemetery, hospital, electric light, gas, heat, water, and power business;
(f) The establishment and vacation of streets, alleys, public ways, and other public places, and the use, regulation, improvement, and control of the surface of such streets, alleys, public ways, and other public places and of the space above and beneath them within the limits of the City;
(g) The use by other than the owners, of property located in streets, alleys, and public places, in the operation of a public utility, upon the payment of a just compensation to the owners thereof;
(h) A plan of streets and alleys within and beyond the municipal limits;
(i) The use, control, and regulation of streams, waters and water courses within its boundaries, subject to any limitations imposed by statute;
(j) The securing by condemnation, by agreement or purchase, or by any other means, of an easement in property abutting or adjacent to any navigable body of water for the purpose of securing the privilege and right to construct, own, and maintain along or adjacent to any navigable body of water an elevated structure of one or more levels for use as a vehicular or pedestrian passageway, or for any other municipal purpose;
(k) The acquiring, establishment, operation, extension, and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire by gift, purchase, condemnation or otherwise, the land necessary therefore;
(l) The establishing of districts or zones within which the use of land and structures, the height, the area, the size, the location of buildings, the required open spaces for light and ventilation of such buildings, and density of population may be regulated by ordinance in accordance with statutory provisions governing zoning;
(m) The regulating of trades, occupations, and amusements within the City, not inconsistent with state and federal laws and for the prohibiting of such trades, occupations, and amusements as are detrimental to the health, morals or welfare of its inhabitants;
(n) Licensing, regulating, restricting, and limiting the number and locations of advertising signs or displays and billboards within the City;
(o) The preventing of injury or annoyance to the inhabitants of the City from anything which is dangerous, offensive, or unhealthful, and for preventing and abating nuisances and punishing and assessing costs of abatement against those occasioning them or neglecting or refusing to abate, discontinue or remove the same;
(p) The prescribing of the terms and conditions upon which licenses may be granted, suspended, or revoked; requiring payment of reasonable sums for licenses; and requiring the furnishing of a bond to the City for the faithful observance of the conditions under which licenses are granted, and otherwise conditioning such licenses as the Council may prescribe;
(q) The regulating of all airports located within its boundaries, and, for the purpose of promoting and preserving the public peace, safety, and welfare, controlling and regulating any use of the air above the City by aircraft of all types, to the extent permitted by law.
(r) The regulating of the use, occupancy sanitation, and parking of house trailers within the City, and the right of the City to so regulate any house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever;
(s) The requiring of an owner of real property within the City to construct and maintain sidewalks abutting upon such property, and if the owner fails to comply with such requirements or if the owner is unknown, to construct and maintain such sidewalks and asses the cost thereof against the abutting property in accordance with Section 11.9.
(t) The compelling of owners of real property within the City to keep sidewalks abutting upon their property clear from snow, ice, or other obstructions, and if the owner fails to comply with such requirements, to remove such snow, ice, or other obstructions and assess the cost thereof against the abutting property in accordance with Section 11.9.
(u) The control over all trees, shrubs, and plants in the public streets, highways, parks, or other public places in the City, all dead and diseased trees on private property and trees on private property over-hanging the street, sidewalk, or public places including the removal thereof and assessing the cost thereof and assessing to cost thereof against the abutting property according to Section 11.9.
(v) The requiring, as a condition of approving plats of lands or premises hereafter laid out, or platted into streets and alleys within the City, that all streets shown on said plat be graded, graveled and paved, that all ditches, drains, and culverts necessary to make such streets usable be constructed, that cement sidewalks be constructed in the proper places, and that other improvements necessary for the public health and safety be provided, all in accordance with City specifications. The Council may accept a bond conditioned upon the installation of such of the foregoing improvements as it requires within such time as it determines.
2.4 EXERCISE OF POWERS.
Where no procedure is set forth in this Charter for the exercise of any powers granted to or possessed by the City or its officers, the procedure set forth for the exercise of such power in any statute of the State of Michigan, including statutes passed for the government of any public body, shall govern. If alternative procedures are to be found in different statutes, the Council shall select that procedure which it deems to be most expedient and to the best advantage of the City and its inhabitants. Where no procedure for the exercise of any power of the City or its officers is set forth, either in this charter or in any statute of the State of Michigan, the Council shall prescribe a reasonable procedure for the exercise thereof by ordinance.
2.5 INTER-GOVERNMENTAL CONTRACTS.
The City shall have power to join with any governmental unit or agency, or with any number or combination thereof by contract or otherwise as may be permitted by law, to perform jointly, or by one or more of them for or on behalf of the other or others any power or duty which is permitted to be so performed by law, or which is possessed or imposed upon each such governmental unit or agency.
CHAPTER 3: ELECTIONS
3.1 QUALIFICATIONS OF ELECTORS
3.2 ELECTION PROCEDURE
3.3 WARDS AND PRECINCTS
3.4 REGULAR CITY ELECTIONS
3.5 SPECIAL ELECTIONS
3.6 ELECTIVE OFFICERS AND TERMS OF OFFICE
3.8 FORM OF PETITION
3.9 APPROVAL OF PETITION
3.10 PUBLIC INSPECTION AND FILING OF PETITIONS
3.11 ELECTION COMMISSION
3.12 FORM OF BALLOT
3.13 CANVASS OF VOTE
3.14 VOTING; DETERMINATION OF ELECTION RESULTS
3.1 QUALIFICATIONS OF ELECTORS.
The residents of the City having the qualifications of electors in the State of Michigan shall be electors of the City.
3.2 ELECTION PROCEDURE.
(a) The nomination and election of all City officers shall be on a non-partisan basis. The general election statutes shall apply to and control, as near as may be, all procedures relating to registration and City elections except as such statutes relate to political parties or partisan procedure and except as otherwise provided in this Charter.
(b) The Clerk shall give notice of the time and place of holding each City election and of officers to be elected and questions to be voted upon in the same manner as is required by statute for the giving of public notice of general elections in the state.
(c) The polls at all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections.
3.3 WARDS AND PRECINCTS.
(a) The City of West Branch shall be divided into three wards, with each ward having the same boundaries as exist on the effective date of this Charter unless changed by law.
(b) The Election Commission shall revise the boundaries of the wards within sixty (60) days after the results of a Federal census become available. The Election Commission also shall examine the boundaries of wards within sixty days after any annexation of territory to the City has occurred, and shall make such revision as appears necessary.
(c) In determining ward boundaries the Election Commission shall, to the maximum extent possible, seek to meet the standards of compactness, contiguity and equality of population.
(d) The Election Commission shall revise the boundaries of precincts in accordance with statute when necessary for convenience and the orderly administration of elections.
3.4 REGULAR CITY ELECTIONS.
Regular City elections shall be held on the first Tuesday following the first Monday of November of each odd-numbered year.
3.5 SPECIAL ELECTIONS.
Special City elections shall be held when called by resolution of the Council at least sixty (60) days in advance of such election, or when required by this Charter or by statute. Any resolution calling a special election shall set forth the purpose of such election. No special election shall be called when a general election is to be held within ninety (90) days. No more special elections shall be called in any one year than permitted by statute.
3.6 ELECTED OFFICERS AND TERMS OF OFFICE.
The elected officers of the City shall be a mayor and six council members, elected as follows:
(a) The Mayor shall be elected at large by the registered electors of the City at each regular City election for a two-year term commencing at 12:00 a.m. on the first day of January of the year following the date of election and expiring at 11:59 p.m. on the last day of December of the second year of the term.
(Amended by vote of the electorate at a General Election held 11-3-1998)
(b) Three Council Members shall be elected at large by the registered electors of the City at the regular City election to be held in 1999 and thereafter at every second regular City election for four year terms commencing at 12:00 a.m. on the first day of January of the year following the date of the election and expiring at 11:59 p.m. on the last day of December of the fourth year of the term.
(Amended by vote of the electorate at a General Election held 11-3-1998)
(c) Three Council Members, one from each ward of the City, shall be elected by the registered electors residing in the respective wards from which the Council Members are to be elected at the regular City election to be held in 2001 and thereafter at every second regular City election for four year terms commencing at 12:00 a.m. on the first day of January of the year following the date of the election and expiring at 11:59 p.m. on the last day of December of the fourth year of the term.
(Amended by vote of the electorate at a General Election held 11-3-1998)
(a) The method of nomination of all candidates for City elected office shall be by petition. Such petitions for each candidate shall be signed by not less than fifteen nor more than fifty registered electors of the City. No elector shall sign more than one petition for the office of mayor, nor more than one petition for the office of councilman from a ward, nor more petitions for the office of councilman from a ward shall be residents of such ward. When the signature of any elector appears on more petitions for an office than he is permitted to sign, such signatures shall be counted only to the extent he is permitted to sign in the order of the respective time of filing of petitions containing such signatures.
(b) All separate papers comprising a nominating petition, including the affidavit of qualifications provided for in Section 5.1 and a consent to the nominator shall be assembled and filed at the Office of City Clerk as one instrument during office hours between 9:00 a.m. of the 100th day and 4:00 p.m. of the 95th day preceding a regular City election. No nominating petition shall be accepted unless containing a written consent to the nomination signed by the candidate, by which he also agrees to serve if elected.
(c) The Clerk shall, prior to every City election, publish notice of the last day permitted for filing nomination petitions and of the number of persons to be nominated or elected to each office at least one week and not more than three weeks before such day.
(d) No person shall qualify as a candidate for more than one elective office under this Charter in any election.
3.8 FORM OF PETITION.
The form of petition shall be substantially as that designated by the Secretary of State for the nomination of non-partisan judicial officers. A supply of official petition forms shall be provided and maintained by the Clerk.
3.9 APPROVAL OF PETITION.
As quickly as possible following the filing of a nominating petition, and no later than three days after the last date for filing petitions, the clerk shall determine the validity and sufficiency of each petition, write his determination of the face thereof, and notify the candidate whether or not such petition meets the requirements prescribed by law. If the petition has been found insufficient or invalid the Clerk shall immediately inform in writing the candidate whose name appears thereon of his determination and the reason therefore. Such written notice shall be delivered by personal messenger, or, if such attempt fails, by certified or registered mail, but failure to notify any candidate shall not prevent a final determination that the petition is insufficient or invalid. Any candidate whose petition is insufficient or invalid shall be allowed to file supplementary or replacement petitions prior to 4:00 p.m. on the fifth day following the last date for filing original petitions; thereafter no further petitions may be filed.
3.10 PUBLIC INSPECTION AND FILING OF PETITIONS.
All nominating petitions shall be open to public inspection in the office of the Clerk, following the Clerks validation thereof. The Clerk shall keep on file all petitions found sufficient until the expiration of the term for which the candidates are nominated in these petitions.
3.11 ELECTION COMMISSIONS.
An Election Commission is hereby created, consisting of the Clerk and two qualified and registered electors of the City who during their term of office shall not be City officers or employees or candidates for elective City office. These two members shall be appointed by the council in June for a term of two years, commencing July 1 of odd-numbered years. The Clerk shall be chairman and two members of such Commission shall be a quorum. The Election Commission shall appoint the Board of Election Inspectors for each precinct and have charge of all activities and duties required by statute and this Charter relating to the conduct of elections in the City. The compensation of election personnel shall be determined in advance by the Council. In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed.
3.12 FORM OF BALLOT.
(a) The form, printing and numbering of ballots or the preparation of the voting machines used in any City election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all City elections, the names of qualified candidates for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names.
(b) If two or more candidates for the same office have the same or similar surnames, the Election Commission shall print the occupation and residence address under the respective names of each of such candidates on the ballots (or on labels or slips to be placed on voting machines when used), provided, that for any of such candidates who is an incumbent of such office, the occupation shall be designated as "Incumbent." Except as provided in this section there shall be no supplementary identification of candidates on the ballot.
3.13 CANVASS OF VOTES.
The vote in all City Elections shall be canvassed, the results determined, the candidates notified, and any Certifications made in such manner as prescribed as law.
3.14 VOTING: DETERMINATION OF ELECTION RESULTS.
(a) At each regular election every voter shall be entitled to vote for one candidate for Mayor, for one candidate for Councilman to represent the ward in which the voter resides if such Council term is to expire that year, and for three candidates for Councilman-at-large if such Council terms are to expire that year. In the case of a special election every voter shall be entitled to vote only to the extent that vacancies occur in the offices of Mayor, Councilman-at-large, and Councilman from the ward in which the voter resides.
(b) Candidates receiving the greatest number of votes cast for a specific office at an election shall be declared elected.
(Amended by vote of the electorate at a General Election held 11-3-1998)
(c) All ties in any election shall be decided by lot in the presence of the candidates involved and under the direction of the Board of Canvassers.
(Amended by vote of the electorate at a General Election held 11-3-1998)
3.14(d) and (e) eliminated by vote of the electorate at a General Election held 11-3-98
A recount of the votes cast at any City election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute the petition for a recount of the votes cast at any City election shall be filed with the Clerk by 4:00 p.m. on the second full day on which the Clerk's office is open for business after the Board of Canvassers has made its official report of the result of the election at which such votes were cast. Any counter petition shall be filed by 4:00 p.m. of the next full day thereafter on which the Clerk's office is open for business.
No officer shall be qualified to take office until final determination of any recount of the votes cast for such office.
Any elected official may be recalled from office by the electors of the City in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by this Charter and by statute.
CHAPTER 4: PLAN OF GOVERNMENT
4.1 COUNCIL - MANAGER GOVERNMENT
4.2 THE CITY COUNCIL
4.3 QUALIFICATIONS OF MAYOR AND COUNCILMEN
4.4 COMPENSATION OF MAYOR AND COUNCIL MEMBERS
4.5 MAYOR PRO-TEM
4.6 DUTIES OF MAYOR
4.7 ADMINISTRATIVE SERVICE
4.8 RELATIONSHIP OF COUNCIL TO ADMINISTRATIVE SERVICE
4.9 CITY MANAGER: APPOINTMENT AND QUALIFICATIONS
4.10 ACTING CITY MANAGER
4.11 CITY MANAGER FUNCTIONS AND DUTIES
4.12 CLERK: FUNCTIONS AND DUTIES
4.13 TREASURER: FUNCTIONS AND DUTIES
4.14 ASSESSOR: FUNCTIONS AND DUTIES
4.15 ATTORNEY: FUNCTIONS AND DUTIES
4.16 COMPENSATION OF ATTORNEY AND SPECIAL COUNCIL
4.17 CHIEF OF POLICE
4.18 DIRECTOR OF PUBLIC WORKS
4.19 DEPUTY ADMINISTRATIVE OFFICERS
4.20 PLANNING AND ZONING
4.21 INDEPENDENT BOARDS AND COMMISSIONS
4.22 ADVISORY BODIES
4.1 COUNCIL - MANAGER GOVERNMENT.
The intent of this charter is to provide for the Council-Manager form of Government.
4.2 THE CITY COUNCIL.
There shall be a City Council of seven members consisting of six Councilmen and the Mayor, who shall be deemed a member of the Council for all purposes. The Council shall constitute the legislative and governing body of the City, and shall have full authority, except as otherwise provided in this charter or by statute, to exercise all powers conferred upon or possessed by the City, and shall have full authority to enact and adopt such laws, ordinances, and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "Council" is used in this charter, the same shall be synonymous with the word "Commission", or any other term used in any statute or federal law referring to municipal legislative or governing bodies.
4.3 QUALIFICATIONS OF MAYOR AND COUNCILMEN.
The Mayor and Councilmen shall meet the eligibility requirements contained in Section 5.1. of this charter. The Council shall be the sole judge of the election and qualification of its own members, subject only to review by the courts.
4.4 COMPENSATION OF MAYOR AND COUNCILMEMEBERS.
The Mayor and Councilmembers shall receive a salary the sum of fifty dollars per meeting for each regular or special meeting which they attend, to a maximum of thirty paid meetings in any one fiscal year. The Mayor shall receive two hundred and fifty dollars extra each year. The Mayor and Councilmembers may upon order of the Council also be paid any necessary bona fide expenses incurred in the service of the City as are authorized and itemized.
(Amended by vote of the electorate at a General Election held 11-5-1996)
4.5 MAYOR PRO-TEM.
The Council shall, at its first meeting in January of each even-numbered year, elect one of its members to serve as Mayor Pro-Tem, for a term expiring two years from such date. In the event of absence or disability of the both the Mayor and Mayor Pro-Tem, the Council may designate another of its members to serve as Acting Mayor during such absence or disability.
4.6 DUTIES OF MAYOR.
(a) Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the City. He shall have a voice and vote in all proceedings of the Council equal to that of other members of the Council and shall have no veto power. He shall be the presiding officer of the Council.
(b) The Mayor shall be a conservator of the peace.
(c) The Mayor shall execute or authenticate by his signature such instruments as the Council, this charter or any State Law shall specifically authorize or require of him.
(d) Except as may be required by statute, the Mayor shall exercise only such powers as this Charter or the Council shall specifically confer upon him.
(e) In the absence or disability of the Mayor, the Mayor Pro-Tem shall perform the duties of Mayor. In the absence or disability of both, the designated Acting Mayor shall perform such duties.
4.7 ADMINISTRATIVE SERVICE.
(a) The administrative officers of the City shall be the City Manager, Attorney, Clerk, Treasurer and Assessor. Departmental Directors shall be the Chief of Police and Director of Public Works. The Council may establish additional administrative offices and departments, and when permitted by law may combine, separate or abolish any administrative offices or departments in any manner it deems necessary or advisable for the proper and efficient operation of the City. Council also shall appoint a Board of Review in accord with the provisions of Section 9.6., the members of which shall be officers of the City.
(b) The City Manager and Attorney shall be appointed by the Council for an indefinite period, and shall be responsible to and serve at the pleasure of the Council. Their compensation shall be fixed by the Council.
(c) All administrative officers and departmental directors of the City, except the City Manager and Attorney, shall be appointed by the City Manager for an indefinite period, subject to confirmation by Council. Such officers and departmental directors shall be responsible to the City Manager, and may be discharged by him.
(d) The compensation of officers, department heads and employees, except as otherwise provided in this Charter, shall be recommended by the City Manager and approved by City Council in accordance with budget appropriations and any pay plan adopted by Council.
(e) All administrative officers, departmental directors and employees shall perform such duties as are authorized and required by state law, this Charter, municipal ordinances, resolutions, rules and regulations and the directives of the City Manager.
(f) All personnel employed by the City who are not elected officers of the City, administrative officers or department heads by or under the authority of, this charter shall be deemed to be employees of the City. The administrator or head of each department shall have the power to hire, suspend or discharge the employees of his department with confirmation by the City Manager.
(g) The City Manager, Clerk, Treasurer, Assessor, Chief of Police, and Director of Public Works need not be residents of the City at the time of appointment, but each shall become a resident of the City within ninety (90) days following appointment and remain so while holding such position unless the City officer named above shall be employed on a contract or less-than full-time basis. A single ninety-day extension to the above period may be granted for any of the above-listed positions, and except where otherwise provided in this Charter for specific positions, City Council shall determine residency requirements for City employment. Residency normally shall be required by Council for employment, except where Council shall find that unusual conditions exist or that the overall best interests of the City do not mandate residency.
(Amended by vote of the electorate at a General Election held 11-8-1994)
4.8 RELATIONSHIP OF COUNCIL TO ADMINISTRATIVE OFFICERS.
Neither the Council nor any of its members or committees shall dictate the appointment of any person to office or employment by the City Manager or in any way interfere with the City Manager or other City officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.
4.9 CITY MANAGER: APPOINTMENT AND QUALIFICATIONS.
The Council shall appoint a City Manager within ninety days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of a majority of the Council, but he shall not be removed from office during a period of sixty (60) days following any regular City election except by the affirmative vote of five members of the Council. He shall be selected on the basis of his executive and administrative qualifications with special reference to his training and experience. Removal of the City Manager may be made by the Council in its sole discretion, provided, however that ten days notice to the Manager be given, and any action by the Council be at a scheduled meeting. The Manager affected may be present and heard at such meeting.
4.10 ACTING CITY MANAGER.
The Council may appoint or designate an Acting City Manager during the period of a vacancy in the office or during the absence of the City Manager from the City. Such Acting City Manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager.
4.11 CITY MANAGER: FUNCTIONS AND DUTIES.
The City Manager shall be the chief administrative officer of the City government. His functions and duties shall be:
(a) To be responsible to the Council for the efficient administration of all departments of the City government except the department under the direction of the Attorney;
(b) To see that all laws and ordinances are enforced;
(c) To appoint, with the consent of the Council, the heads of the several City departments whose appointment is not otherwise specified in this Charter, and to direct and supervise such department heads;
(d) To give to the proper department or officials ample notice of the expiration or termination of any franchises, contracts or agreements;
(e) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;
(f) To recommend an annual budget to the Council and to administer the budget as finally adopted under policies formulated by the Council, and to keep the Council fully advised at all times as to the financial condition and future needs of the City;
(g) To exercise and perform all administrative functions of the City that are not imposed by this charter or ordinance upon some other official;
(h) To be responsible for the maintenance of a system of accounts of the City which shall conform to any uniform system required by law and by the Council and to generally accepted principles and procedures of governmental accounting.
(i) To act as purchasing agent for the City and in such capacity purchase all supplies and equipment and dispose of the same in accordance with procedures established by this Charter and by ordinance adopted from time to time by the Council;
(j) To attend all Council meetings, with the right to participate in all discussion but not to vote;
(k) To perform such other duties as may be prescribed by this Charter or required of him by ordinance or by direction of the Council.
4.12 CLERK: FUNCTIONS AND DUTIES.
(a) The Clerk shall be the Clerk of the Council, shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language.
(b) The Clerk shall be custodian of the City seal, shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall also be custodian of all papers, documents, bonds, and records pertaining to the City the custody of which is not otherwise provided for.
(c) The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Council.
(d) The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this Charter or any ordinance of the Council.
(e) The Clerk shall have power to administer oaths of office.
(f) The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council, by the City Manager or by State Law.
4.13 TREASURER: FUNCTIONS AND DUTIES.
(a) The Treasurer shall have the custody of all moneys of the City, and bond pertaining solely to the Clerk unless provided otherwise by ordinance, and all evidences of indebtedness belonging to the City or held in trust by the City.
(b) The Treasurer shall collect all moneys of the City, the collection of which is not provided for elsewhere by charter or ordinance. He shall receive from other officers and employees of the City all money belonging to and receivable by the City that may be collected by such officers and employees, including fines, license fees, taxes, assessments, and all other charges. All money shall be turned over to the Treasurer after collection or receipt, and he shall in all cases give a receipt therefore.
(c) The Treasurer shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the City Manager.
(d) The Treasurer shall disburse all City funds in accordance with provisions of statute, this Charter, and procedures established by the Council.
(e) The Treasurer shall have such powers, duties and prerogatives in regard to the collection and custody of state, county, school district, and City taxes as are conferred by statute upon him by this Charter or by state law.
(f) The Treasurer shall perform such other duties as may be prescribed for him by statute, by this Charter, by Council, or by the City Manager.
4.14 ASSESSOR: FUNCTIONS AND DUTIES.
The Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon, assessing officers by the general law of the state. He shall prepare all regular and special assessment rolls in the manner prescribed by this Charter, by ordinance, and by statute. He shall perform such other duties as may be prescribed for him in this Charter, by the Council, or by the City Manager.
4.15 ATTORNEY: FUNCTIONS AND DUTIES.
(a) The Attorney shall act as legal advisor to, and be attorney and counsel for, the Council. He shall be responsible solely to the Council. He shall advise any officer or department head of the City in matters relating to such person's official duties when so requested and shall file with the Clerk a copy of all written opinions given by him.
(b) The Attorney shall prosecute such ordinance violations and shall conduct for the City such cases in court and before other legally constituted tribunals as the Council may request. He shall file with the Clerk copies of such records and files relating thereto as the Council may direct.
(c) The Attorney shall prepare or review all ordinances, contracts, bonds, and other written instruments which are submitted to him by the Council and shall promptly give his opinion as to the legality thereof.
(d) The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the City.
(e) The Attorney shall perform such other duties as may be prescribed for him by this Charter or by the Council.
(f) Upon the recommendation of the Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matters in which the City has an interest, or to assist and counsel with the Attorney therein.
4.16 COMPENSATION OF SPECIAL COUNSEL.
No compensation to special legal counsel shall be paid except in accordance with an agreement between the Council and the Attorney or special counsel made before the service for which such compensation is to be paid has been rendered.
4.17 CHIEF OF POLICE.
The Chief of Police shall be responsible for the preservation of the public peace, prevention of crime, regulation of traffic, apprehension of criminals, protection of rights of persons and property, and enforcement of the laws of the state and ordinances, rules and regulations of the City.
4.18 DIRECTOR OF PUBLIC WORKS.
The Director of Public Works shall be responsible for municipal services necessary to protect and maintain the physical properties and overall environment of the City.
4.19 DEPUTY ADMINISTRATIVE OFFICERS AND DEPARTMENT DIRECTORS.
The administrative officers and department directors may appoint their own deputies, subject to confirmation of the City Manager. Such deputies shall exercise such power and authority as may be conferred by statute, by City Council, by the City Manager, or by their superiors.
4.20 PLANNING AND ZONING.
(a) The Council shall establish and maintain a City Planning Commission. The Commission shall be created by ordinance, and shall have such powers and exercise such responsibilities as are conferred by law. One member of the Council plus the City Manager shall serve as members of the City Planning Commission.
(b) The City Planning Commission shall prepare and keep current a recommended overall development plan for the community. In December of each year it shall update and submit to the City Manager and Council a proposed five-year capital facilities plan and program.
(c) The City Council shall adopt and maintain land use and development regulations as authorized by law, including but not limited to zoning regulations. Such land use and development regulations shall be coordinated with the activities of the City Planning Commission.
4.21 INDEPENDENT BOARDS AND COMMISSIONS.
(a) Except as otherwise provided in this Charter the Council shall not establish any board or commission to administer any activity, department or agency of the City government other than the following:
(1) a municipal hospital
(2) an airport
(3) a library
(4) any activity which by statute is required or permitted to be so administered.
(b) Except as otherwise provided in this Charter or by ordinance members of municipal boards and commissions shall hold no other municipal office or employment.
(c) Council may provide for compensation to be paid members of municipal boards and commissions.
4.22 ADVISORY BODIES.
Council may create such citizen advisory bodies as it from time-to-time may deem necessary. Citizen advisory bodies shall have no administrative or decision-making authority. Council may provide for reimbursement of expenses incurred by members of such advisory bodies on official business, but no other compensation shall be paid such persons.
CHAPTER 5: GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY
5.1 ELIGIBILITY FOR OFFICE AND EMPLOYMENT IN THE CITY
5.2 VACANCIES IN ELECTIVE OFFICES
5.3 VACANCIES IN BOARDS AND COMMISSIONS
5.4 REMOVAL FROM OFFICE
5.6 FILLING VACANCIES IN ELECTIVE OFFICES
5.7 CHANGE IN TERM OF OFFICE OR COMPENSATION
5.8 OATH OF OFFICE AND BOND
5.9 SURETY BOND
5.10 DELIVERY OF OFFICE
5.11 CONFLICT OF INTEREST
5.13 COMPENSATION FOR SERVICES
5.14 EMPLOYEE WELFARE BENEFITS
5.15 MERIT SYSTEM
5.1 ELIGIBILITY FOR OFFICE OR EMPLOYMENT IN THE CITY.
(a) No person shall seek nomination for, be elected or appointed to, or hold any elective office of the City unless he is and continues to be while in office a qualified elector of the City and, in the case of a Councilman representing a ward, a resident of that ward.
(b) There shall be filed as part of the nominating petition of each candidate for elective office an affidavit that he possesses the qualifications for such office provided in this section. No nominating petition shall be accepted unless containing this affidavit.
(c) Except as otherwise provided in this Charter or by statute City Council shall establish terms of office, eligibility requirements and other provisions for appointment to boards and commissions and to citizen advisory bodies. In determining whether non-residents of the City may qualify for such appointment, Council shall consider as a factor the advancement of the overall best interests of the City.
(d) Except where authorized by statute or by this Charter no elective officer of the City shall hold other employment with the City or be appointed to any other City office during this term of office. No former elective officer shall be appointed to administrative office or be employed by the City for two years following the term of office for which he was elected, except by unanimous vote of the Council; provided, however, that such prohibition shall not apply to membership on appointive boards and commissions, or to a former elective officer who achieves the top score in a competitive examination for a position under a formally adopted merit system.
5.2 VACANCIES IN ELECTIVE OFFICES.
Any elective City office shall be declared vacant by the Council before the expiration of the term of such office:
(a) For any reason specified by statute or by this Charter as creating a vacancy in office; or for failure to meet requirements of this Charter for holding office;
(b) If no person is elected to, or qualifies for, the office at the election at which such office is to be filled;
(c) If the officer shall be found guilty by a competent court of any act constituting misconduct in office under provision of this Charter;
(d) In the case of any member of the Council, if such officer shall miss three consecutive regular meetings of the Council or twenty-five (25%) percent of such meetings in any fiscal year of the City, unless such absence shall be excused by the Council for an adequate reason as defined by rules of procedure.
(e) If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.
(f) Through resignation or death.
5.3 VACANCIES IN BOARDS AND COMMISSIONS.
The office of any member of any Board or Commission created by, or pursuant to, this Charter shall be declared vacant by the Council before the expiration of the term of such office;
(a) For any reason specified by statute, by this Charter, or by ordinance as creating a vacancy in office;
(b) If the office holder shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this Charter;
(c) If such office holder misses three consecutive regular meetings of such board or commission or twenty-five (25%) percent of such meetings in any fiscal year of the City, unless such absence shall be excused by such Board or Commission for an adequate reason as defined by rules of procedure.
(d) If the office holder is removed from office by the Council in accordance with the provisions of Section 5.4.
(e) Through resignation or death.
5.4 REMOVALS FROM OFFICE.
Removals by the Council of elective officers or of members of Boards or commissions shall be made for either of the following reasons:
(a) For any reason specified by statute for removal of City officers by the Governor;
(b) For any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after hearing of which such office holder has been given notice by the Clerk at least ten days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such office holder. The hearing shall afford an opportunity to the office holder, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such office holder shall neglect to appear at such meeting and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Council in office at the time, exclusive of any member whose removal is being considered, shall be required for any such removal.
Resignations of elective officers shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk.
5.6 FILLING VACANCIES IN ELECTIVE OFFICE.
(a) In the event of a vacancy in the office of any member of City Council, the remaining members by majority vote shall appoint within thirty (30) days a qualified person to fill the balance of the original unexpired term; provided, however, that if the period remaining of such term is ninety (90) days or less no appointment shall be made.
(b) If any vacancy in the office of Councilman which the Council is authorized to fill is not so filled within thirty (30) days after such vacancy occurs, or if three or more vacancies exist simultaneously in the office of Councilman, such vacancies shall be filled for the balance of the respective unexpired terms at a special election. In connection with any special election to fill a vacancy or vacancies in any elective office candidates shall be nominated by petition in a manner identical to that provided in Sections 3.7 to 3.10, inclusive; the names of all qualified candidates who file sufficient valid nomination petitions thirty (30) days before such special election shall be certified to the Election Commission and placed on the ballot; and all other provisions of this Charter not inconsistent with this Section 5.6 shall govern.
(c) Candidates elected to fill a vacancy at a special election shall take office immediately upon certification by the Board of Canvassers.
(d) The provisions of this Section 5.6. shall not apply to the filling of vacancies resulting from recall.
5.7 CHANGE IN TERM OF OFFICE OR COMPENSATION.
(a) Except by procedure provided in this Charter, the terms of office of the elective officers shall not be shortened. The terms of elective officers shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected or appointed and qualified.
(b) The Council shall not grant or authorize extra compensation to any officer or employee after his service has been rendered. The salary of any elective officer shall not be increased or decreased during the term for which he was elected.
5.8 OATH OF OFFICE AND BOND.
Every officer, elective or appointive, before entering upon the duties of his office, shall take the oath of office prescribed for public officers by the Constitution and shall file the oath with the Clerk, together with any bond required by law, this Charter or by the Council. In case of failure to comply with the provisions of this section within ten (10) days from the date he is notified in writing of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall by resolution extend the time in which such officer may qualify.
5.9 SURETY BOND.
(a) Except as otherwise provided in this Charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way or receipt or disbursement or both, and all other officers and employees so required by the Council; shall before they enter upon the duties of their respective offices, file with the City an official bond, in such form and amount as the Council shall direct and approve.
(b) All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City. The Clerk shall be custodian of all the bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk unless provided otherwise by ordinance.
5.10 DELIVER OF OFFICE.
When any officer or employee shall cease to hold such office or employment for any reason whatsoever he shall immediately deliver to his successor in office or to his superior all the books, papers, moneys and effects in his custody as such officer employee. Any officer violating this provision, may be proceeded against in the same manner as public officers generally for a like offense under statute. Any employee found guilty of violating this provision by a competent tribunal may be punished by a fine of not to exceed five hundred dollars or imprisonment for not to exceed ninety (90) days, or both, in the discretion of the court.
5.11 CONFLICT OF INTEREST.
Contracts between elected or appointed officers and employees of the City and the City itself shall be prohibited or restricted as provided by law.
Unless the members of the Council in office at the time having no such interest shall by unanimous vote, which vote shall be recorded as part of its official proceedings, determine that the best interests of the City shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officers was elected or appointed; spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouse of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees for the City at the time of the election or appointment of said official.
5.13 COMPENSATION FOR SERVICES.
(a) Compensation of all officers, employees and persons providing services to the City shall be established as provided in this Charter, or, if no provision is made, as established by Council.
(b) Nothing contained in this Charter shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the City.
5.14 EMPLOYEE WELFARE BENEFITS.
The Council shall have the power to make available to the administrative officers and employees of the City and its departments and boards any recognized standard plan of group life, hospital, health, or accident insurance either independently of, or as a supplement to, any retirement plan provided for said officers and employees.
5.15 MERIT SYSTEM.
The Council may provide for a merit system for City employees.
CHAPTER 6: THE COUNCIL
Procedure and Miscellaneous Powers and Duties
6.1 REGULAR MEETINGS
6.2 SPECIAL MEETINGS
6.3 BUSINESS AT SPECIAL MEETINGS
6.4 MEETINGS TO BE PUBLIC
6.5 ADJOURNMENT OF MEETINGS. QUORUM
6.6 COMPULSORY ATTENDANCE AND CONDUCT AT MEETINGS
6.7 ORGANIZATION AND RULES OF THE COUNCIL
6.9 PROVIDING FOR PUBLIC HEALTH AND SAFETY
6.1 REGULAR MEETINGS.
The Council shall provide by resolution for the time and place of its regular meetings and shall hold at least one regular meeting each month. A regular meeting shall be held at 7:00 p.m. on Monday, January 4, 5, 6, 7, 8, 9 or 10 of each even-numbered year. (Amended by vote of the electorate at a General Election held 11-5-1996)
6.2 SPECIAL MEETINGS.
Special meetings shall be called by the Clerk on the written request of the Mayor or any two members of the Council on at least twenty-four (24) hours written notice to each member of the Council, served personally or left at his usual place of residence; but a special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing.
6.3 BUSINESS AT SPECIAL MEETINGS.
No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Council present consent thereto and all the members absent file their written consent.
6.4 MEETINGS TO BE PUBLIC.
(a) All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.
(b) Public notice of the schedule of regular meetings, and of each rescheduled regular or special meeting shall be given as required by law.
6.5 QUORUM: ADJOURNMENT OF MEETINGS.
A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a later time or date, and in the absence of all members the Clerk may adjourn any meeting for not longer than one week. Written notice shall be given of all adjourned meetings.
6.6 COMPULSORY ATTENDANCE AND CONDUCT AT MEETINGS.
Any two or more members of the Council may by vote either request or compel the attendance of its members and other officers of the City at any meeting. Any member of the Council or other officers who when notified in person or in writing left at his usual place of residence with some person of suitable age of such request for his attendance fails to attend such meetings for reason other than those approved by the Council may be adjudged guilty of misconduct in office, unless excused by the Council. The presiding officer shall enforce orderly conduct at meetings, and any member of the Council or other officer who shall fail to conduct himself in an orderly manner as defined by rules, may be adjudged guilty of misconduct in office.
6.7 ORGANIZATION AND RULES OF THE COUNCIL.
The Council shall determine its own organization, rules and order of business subject to the following provisions:
(a) A journal of the proceedings of each meeting shall be kept in the English language by the Clerk and shall be signed by the presiding officer and clerk of the meeting, which journal shall be a public record.
(b) A vote upon all ordinances and resolutions shall be taken by a roll call vote and entered upon the records, except that where the vote is unanimous it shall only be necessary to so state.
(c) No member of the Council shall vote on any question in which he has a financial interest, or on any question concerning his own conduct, but on all other questions each member who is present shall vote when his name is called unless excused by the unanimous consent of the remaining members present. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office.
(d) In all roll call votes, the names of the members of the Council shall be called in alphabetical order and the name to be called first shall be advanced one position alphabetically in each successive roll call vote.
(e) The proceedings of the Council, or a summary thereof, shall be published within fifteen (15) days following each meeting. Any such summary shall be prepared by the Clerk and approved by the Mayor and shall show the substance of each separate proceeding of the Council.
(f) There shall be no standing committees of the Council.
(a) The Council or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer and to make investigations as to matters in which the municipality has an interest. The Council for the purposes stated herein may summon witnesses, administer oaths and compel the attendance of witnesses and the production of books, papers and other evidence.
(b) Failure on the part of any officer to obey such summons or to produce books, papers and other evidence as ordered under the provisions of this section shall constitute misconduct in office. Failure on the part of any employee or other person to obey such summons or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a violation of this Charter and such person when found guilty of such violation by a competent tribunal may be punished by a fine of not to exceed five hundred dollars or imprisonment not to exceed ninety (90) days, or both, in the discretion of the court.
(c) It is provided further that, in case of failure on the part of any person to obey such summons or to produce such books, papers and other evidence as so ordered, the Council may invoke the aid of the proper judicial tribunal in requiring compliance with such summons or production of such books, papers and other evidence.
6.9 PROVIDING FOR PUBLIC HEALTH AND SAFETY.
The Council shall see that provision is made for the public peace and health, and for the safety of persons and property.
CHAPTER 7: LEGISLATION
7.1 FORM OF ORDINANCES
7.2 ENACTMENT, AMENDMENT, REPEAL AND EFFECTIVE DATE OF ORDINANCES
7.3 PUBLICATION AND RECORDING OF ORDINANCES
7.4 PENALTIES FOR VIOLATIONS OF ORDINANCES
7.5 SPECIAL REQUIREMENTS FOR CERTAIN COUNCIL ACTIONS
7.6 ENACTMENT OF TECHNICAL CODES BY REFERENCE
7.7 SEVERABILITY OF ORDINANCES
7.8 COMPILATION AND CODIFICATION OF ORDINANCES
7.9 INITIATORY AND REFERENDUM
7.10 INITIATIVE AND REFERENDARY PETITIONS
7.11 COUNCIL PROCEDURE ON INITIATORY AND REFERENDARY PETITIONS: SUBMISSION TO ELECTORS
7.12 ORDINANCE SUSPENDED: MISCELLANEOUS PROVISIONS ON INITIATORY AND REFERENDARY ORDINANCE
7.1 FORM OF ORDINANCES.
All legislation of the City of West Branch shall be by ordinance or by resolution. Action by resolution shall be limited to matters required or permitted to be done by resolution by this Charter or by state or federal law and to matters pertaining to the internal affairs or concerns of the City government. All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title, or by a code section number if and when codification of ordinances is completed. Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances enacted by the Council shall be, "The City of West Branch Ordains."
7.2 ENACTMENT, AMENDMENT, REPEAL AND EFFECTIVE DATE OF ORDINANCES.
(a) Subject to the statutes and to the exceptions contained in this Charter;
(1) Ordinances may be enacted by the affirmative vote of not less than a majority of the members-elect of the Council and shall continue in effect unless or until amended or repealed.
(2) No ordinance shall be amended or repealed except by an ordinance adopted as aforesaid.
(3) No ordinance shall be enacted at the meeting at which it is introduced nor until after publication or the proceedings or summary thereof of such meeting which proceedings or summary shall include a statement of its title and purpose.
(4) The effective date of all ordinances shall be prescribed therein but the effective date shall not be earlier than fifteen (15) days after enactment nor before publication thereof.
(b) It is provided, however, that an ordinance which is declared therein to be an emergency ordinance immediately necessary for the preservation of the public peace, health or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, or may be given earlier effect than fifteen (15) days after its enactment, (but only after full publication), or all three, by five affirmative votes of Council. However, no emergency ordinance may levy taxes, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its services. Every emergency ordinance shall automatically stand repealed as of the sixtieth (60) day following its effective date, but this shall not prevent re-enactment of the ordinance in the prescribed manner if the emergency still exists.
(c) No ordinance granting any public utility franchise shall be enacted except in accordance with the provisions of Section 14.2.
(d) No ordinance shall be amended by reference to its title only, but the revised section of the ordinance, as amended, shall be re-enacted and published in full or summary form.
(Amended by vote of the electorate at a General Election held 11-7-2000)
(e) An ordinance may be repealed by reference to its title and ordinance or code number only. However, one or more sections of an ordinance may be repealed only when said repeal actions are published and printed in full.
7.3 PUBLICATION AND RECORDING OF ORDINANCES.
(a) Each ordinance shall be published in full or in summary form within ten (10) days after its enactment.
(Amended by vote of the electorate at a General Election held 11-7-2000)
(b) All ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book," and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon but the failure to so record and authenticate any such ordinance shall not invalidate it or suspend its operation.
7.4 PENALTIES FOR VIOLATIONS OF ORDINANCES.
The Council may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any City ordinance shall not exceed a fine of five hundred dollars or imprisonment for ninety (90) days, or both, in the discretion of the court.
7.5 SPECIAL REQUIREMENTS FOR CERTAIN COUNCIL ACTIONS.
(a) Action to vacate, discontinue or abolish any highway, street, lane, alley or other public place, or part thereof, shall be subject to the provisions of statute and shall be by resolution. After the introduction of such resolution and before its final adoption, the Council shall hold a public hearing thereon and shall post and publish notices of such hearing at least one week prior thereto.
(b) The following actions shall require the affirmative vote of five members of the Council for the effectiveness thereof:
(1) Vacating, discontinuing or abolishing any highway, street, lane, alley or other public place or part thereof;
(2) Authorizing the condemning of private property for public use;
(3) Reconsidering or rescinding any vote of the Council;
(c) The Council shall not have power to engage in any business enterprise requiring an investment of money in excess of the amount permitted to be invested by statute unless approved by a majority vote of the electors voting thereon at any general or special election.
7.6 ENACTMENT OF TECHNICAL CODES BY REFERENCE.
The Council may adopt by reference certain Laws, Codes and Rules as provided for in Sec. 3. (k) of the Home Rule City Act or as otherwise provided by law.
(1) Publishing the ordinance citing such code in the manner provided for in the publication of other ordinances.
(2) By making available to the public copies of the code cited therein in book or booklet form at a reasonable charge.
7.7 SEVERABILITY OF ORDINANCES.
Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperative, and to this end ordinances are declared to be severable.
7.8 COMPILATION AND CODIFICATION OF ORDINANCES.
(a) The Council shall direct the printing, compilation, codification and indexing by subject matter, printed in loose leaf or pamphlet form, of all ordinances of the City then in force, within three (3) years and annually thereafter. Any codification shall include resolutions which have operating significance for more than six months.
(b) All requirements for publication of such compilation and codification, and of the ordinances contained therein, other provisions of this Charter notwithstanding, may be met by making copies thereof available for inspection by, and distribution to, the public at a reasonable charge and by publishing notice of the printing and availability thereof before the effective date thereof.
(c) The copies of the ordinances and of any compilation, code or codes referred to in the Charter may be certified by the Clerk and when so certified shall be competent evidence in all courts and legally established tribunals as to the matter contained therein.
7.9 INITIATORY AND REFERENDUM.
An ordinance may be initiated by petition, or a referendum on an ordinance enacted by the Council may be had by petition, as hereinafter provided.
7.10 INITIATIVE AND REFERENDARY PETITIONS.
(a) An initiatory or a referendary petition shall be signed by not less than ten (10) percent of the registered electors of the City, as of the date of the last regular City elections, and all signatures on said petition shall be obtained within twenty-one (21) days before the date of filing the petition with the Clerk. Any such petition shall be addressed to the Council, and may be the aggregate of two or more petition papers identical as to contents. An initiatory petition shall set forth in full the ordinance it proposed to initiate, and no petition shall propose to initiate more than one ordinance. A referendary petition shall identify the ordinance or code section it proposes to have repealed.
(b) Each signer of a petition shall sign his name, and shall place thereon, after his name, the date and his place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall within fifteen (15) days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of registered electors of the City, the Clerk shall notify forthwith the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental petition papers. When a petition with sufficient signatures if filed within the time allowed by this section, the Clerk shall present the petition to the Council at its next regular meeting.
7.11 COUNCIL PROCEDURE ON INITIATORY AND REFERENDARY PETITIONS: SUBMISSION TO ELECTORS.
Upon receiving an initiatory or referendary petition from the Clerk, the Council shall either,
(a) Adopt the ordinance as submitted by an initiatory petition;
(b) Repeal the ordinance or part thereof referred to by a referendary petition; or
(c) Determine to submit the proposal provided for in the petition to the electors. Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the City for any other purpose, or, in the discretion of the Council, at a special election called for that specific purpose. In the case of an initiatory petition, if no election is to be held in the City for any other purpose within one hundred and fifty days from the time the petition is presented to the Council and Council does not adopt the ordinance, then the Council shall call a special election within sixty days from such time for the submission of the initiative proposal. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by statute of the Constitution.
7.12 ORDINANCES SUSPENDED: MISCELLANEOUS PROVISIONS ON INITIATORY AND REFERENDARY ORDINANCE.
(a) The presentation to the Council by the Clerk of a valid and sufficient referendary petition, containing a number of signatures equal to twenty-five (25%) percent of the registered electors of the City, as of the date of the last regular City election shall automatically suspend the operation of the ordinance in question, pending repeal by the Council or final determination by the electors.
(b) An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of one year after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of one (1) year after the date of the election at which it was repealed. It is provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the provisions of this Charter or if submitted to the electorate by the Council on its own motion.
(c) If two (2) or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.
CHAPTER 8: GENERAL FINANCE, BUDGET, AUDIT
8.1 FISCAL YEAR
8.2 SUBMISSION OF BUDGET
8.4 COUNCIL ACTION ON BUDGET
8.5 ADOPTION OF BUDGET
8.6 BUDGET CONTROL
8.8 INDEPENDENT AUDIT: ANNUAL REPORT
8.9 SYSTEM OF ACCOUNTS
8.1 FISCAL YEAR.
The fiscal year of the City and all of its agencies shall begin on the first day of July of each year and end on the thirtieth day of June of the year following; provided, however, that Council may by ordinance modify the dates of the fiscal year to coincide with any change made in the fiscal year of the State of Michigan. Should such modification be made the dates for various fiscal procedures established in this Charter shall be adjusted in relation thereto.
8.2 SUBMISSION OF BUDGET.
On or before the tenth day of April of each year the City Manager shall submit to the Council a recommended budget for the ensuing fiscal year, which shall include a written message.
The recommended budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year, and, except as may be required by law or by this Charter, shall be in such form as the Manager deems desirable or Council may require. The budget shall begin with a written message summarizing its contents, describing broadly sources of income, proposed expenditures and debt status of the City, indicating trends, and outlining what specific City programs, projects, goals and objectives are to be accomplished at the expenditure level recommended. The detailed budget shall follow, and shall include the following:
(a) Proposed expenditures in detail for municipal operations during the ensuing fiscal year, broken down by offices, departments, and agencies, together with expenditures or estimated expenditures for corresponding items for the current and last preceding fiscal years.
(b) Detailed estimates of anticipated municipal revenues for the ensuing fiscal year from all sources other than taxes or borrowing, together with statements of amounts or estimated amounts of revenue received from corresponding sources for the present and last preceding fiscal years.
(c) A statement of the overall estimated operating surplus or deficit as of the end of the current fiscal year.
(d) Statement of the bonded and other indebtedness of the City showing debt service requirements for the ensuing year, debt authorized and unissued, and the amount to be raised during the ensuing year from bond issues.
(e) Proposed capital expenditures for the ensuing fiscal year, together with the proposed methods of financing such expenditures. In addition, a projected capital program for the ensuing five (5) years shall be included.
(f) Statements giving anticipated income and expenditures for the ensuing fiscal year for all utilities owned and operated by the City.
(g) The anticipated amount of funds to be raised from the proposed property tax levy, which together with income from all other sources, will meet the proposed expenditures of the City government for the ensuing fiscal year, including the elimination of any anticipated deficit in the current fiscal year.
(h) Information on the status of any special purpose funds of the City, including income received by or expenditures made from such funds.
8.4 COUNCIL ACTION ON BUDGET.
(a) Following receipt of the Manager's recommended budget Council may make such amendments as it deems desirable.
(b) A public hearing on the proposed budget, either as submitted by the City Manager or as amended by City Council, shall be held on or before the 10th day of May in each year at such time and place as Council shall direct. A copy of the complete proposed budget shall be on file and available for public inspection during office hours at the office of the City Clerk at least one week prior to the public hearing on such budget. Notice of such public hearing, together with a summary of the proposed budget and a statement indicating where and when the complete proposed budget is available for public inspection shall be published at least one week prior to the date of the hearing.
(c) At the public hearing Council shall give all interested citizens an opportunity to express their views on the proposed budget. After such hearing Council may make such amendments as it deems necessary, provided, however, that no amendment to the budget shall ever increase the authorized expenditures to an amount greater than the total estimated revenue.
8.5 ADOPTION OF BUDGET.
Not later that the 25th day of May in each year, the Council shall by resolution adopt a budget for the next fiscal year, shall appropriate the money needed for municipal purposes during the next fiscal year of the City, and shall provide for a levy of the amount necessary to be raised for City, County, School, and State taxes upon real and personal property for municipal purposes subject to the limitations contained in Section 9.1; provided, however, that if the Council fails to adopt a budget by resolution as in this section provided, that budget submitted by the City Manager pursuant to Section 8.2. of this chapter shall become the budget for the next fiscal year as of the 1st day of June, notwithstanding failure or refusal of the Council to provide for a hearing as required in Section 8.4 of this chapter.
8.6 BUDGET CONTROL.
(a) No payment shall be made or obligation incurred except in accordance with budget appropriations made for such purpose, and unless the City Manager or his designee first certified that there is a sufficient unencumbered balance in such appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due. No obligation for the expenditure of money shall be incurred without an appropriation covering all payments which will be due under such obligation in the current fiscal year. Upon recommendation of the Manager, the Council may by resolution transfer an unencumbered appropriation balance or any portion thereof from one account, department, fund or agency to another.
(b) If during the fiscal year the Manager certified that there are available for appropriation revenues in excess of those estimated in the budget Council by resolution may make supplemental appropriations for the year up to the amount of such excess.
(c) To relieve a public emergency affecting life, health, safety, property or the public peace the Council may make emergency appropriation. To the extent that there are no available unappropriated revenues to meet such appropriations, Council may by resolution authorize the issuance of emergency notes permitted by law.
(d) If during the fiscal year it appears to the Manager that revenues available will be insufficient to meet appropriations he shall so report to the Council without delay, indicating the possible deficit, remedial action taken by him, and his recommendations as to other steps to be taken to meet it. Council shall then take such additional steps as may appear necessary to prevent a deficit, including reduction of appropriations. However, no appropriation for debt service may be reduced or transferred, and no appropriations may be reduced below the amount required by law to be appropriated or by more than the amount of unencumbered balance thereof.
(e) Every budget appropriation, to the extent that it has not been expended or encumbered at the end of the fiscal year, shall, subject to statutory restriction, revert to the general fund. This shall not apply to appropriations for capital expenditures.
(f) The Manager shall submit to Council each month a financial and budget status report, showing the relationship between estimated and actual revenues and expenditures to date, and accompanied by such explanation as he deems necessary.
The Council shall designate depositories for City funds and shall provide for the regular deposit of all City moneys. The Council shall provide for such security for City deposits as is authorized or permitted by statute, except that personal surety bonds shall not be deemed proper security.
8.8 INDEPENDENT AUDIT: ANNUAL REPORT.
(a) An independent audit shall be made of all City accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by Certified Public Accountants experienced in municipal accounting, selected by the Council.
(b) The City Manager shall prepare an annual report of the affairs of the City including a financial report. Copies of such audit and annual report shall be made available for public inspection at the office of the City Manager within thirty (30) days after receipt of the audit.
8.9 SYSTEM OF ACCOUNTS.
The Council shall establish a system of accounts which shall conform to such uniform system as may be required by law.
CHAPTER 9: TAXATION
9.1 POWER TO TAX: TAX LIMIT
9.2 AD VALOREM TAXATION
9.4 TAX DAY
9.5 PREPARATION OF THE ASSESSMENT ROLL
9.6 BOARD OF REVIEW
9.7 MEETINGS OF THE BOARD OF REVIEW
9.8 NOTICE OF MEETINGS
9.9 DUTIES AND FUNCTIONS OF BOARD OF REVIEW
9.10 ENDORSEMENT OF TOLL
9.11 CLERK TO CERTIFY TAX LEVY
9.12 CITY TAX ROLL
9.13 TAX ROLL CERTIFIED FOR COLLECTION
9.14 TAX LIEN ON PROPERTY
9.15 TAXES DUE: NOTIFICATION THEREOF
9.16 INTEREST ON LATE PAYMENT OF TAXES
9.17 FAILURE OR REFUSAL TO PAY PERSONAL PROPERTY TAX
9.18 PERSONAL PROPERTY - JEOPARDY ASSESSMENT
9.19 DELINQUENT TAX ROLL TO COUNTY TREASURER
9.20 STATE COUNTY AND SCHOOL TAXES
9.1 POWER TO TAX: TAX LIMIT.
The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax rate limitations, the annual ad valorem tax levy shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the City.
9.2 AD VALOREM TAXATION.
The subject 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 in this Charter City taxes shall be levied, collected and returned in the manner provided by statute.
No exemptions from taxation shall be allowed except as expressly required or permitted by statute.
9.4 TAX DAY.
Subject to the exceptions provided or permitted by statute the taxable status of persons and property shall be determined as of the first day of January, which shall be deemed the tax day.
9.5 PREPARATION OF THE ASSESSMENT ROLL.
(a) 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 determined according to recognized methods of systematic assessment. The records of the Assessor shall show separate figures for the value of the land, of the building improvements and of personal property; and the method of estimating all such values shall be as nearly uniform as possible. Immediately after preparation and certification by the Assessor, he shall file the assessment roll in the office of the City Clerk for public examination.
(b) On or before the first Monday in March the Assessor shall give by first class mail a notice to the owner of any increase over the previous year in the assessed value of any property on such assessment roll. The failure of the owner to receive such notice shall not invalidate any assessment roll or assessment thereon.
9.6 BOARD OF REVIEW.
The Board of Review shall be composed of three freeholders of the City who shall meet the eligibility requirements for elective officers contained in Section 5.1.; and who during their term of office shall hold no other City office, elected or appointed, or be nominees or candidates for elective City office. The filing by a member of the Board of Review of his nomination petition for an elective City office or the filing of a consent thereto shall constitute a resignation from the Board of Review. The appointment of members of such Board shall be based on their knowledge of an experience in property valuation. The Council shall designate three-year staggered terms for the members of the board and each term shall commence January 1. The Council shall fix the compensation of the members of the Board. The Board of Review shall annually in February select its own chairman for the ensuing year, and the Assessor shall be clerk of the Board and shall be entitled to be heard at its sessions, but shall have no vote.
9.7 MEETINGS OF THE BOARD OF REVIEW.
(a) The Board of Review shall convene in its first session on the second Monday in March of each year at such time of day and place as shall be designated by the Council and shall remain in session for at least four hours for the purpose of considering and correcting the roll. In each case in which the assessed value of any property is increased over the amount shown on the assessment roll as prepared by the assessor, or any property is added to such roll by the Board, or the Board has resolved to consider at its second session such increasing of an assessment or the adding of any property to such roll, the Assessor shall give notice thereof to the owner as shown by such roll by a first class letter mailed not later than the second day following the end of the first session of the Board. Such notice shall state the date, time, place and purpose of the second session of the Board. The failure of the owner to receive such notice shall not invalidate any assessment roll or assessment thereon.
(b) The Board of Review shall convene in its second session on the fourth Monday in March of each year for two consecutive days and as much longer as may be necessary, from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., at such place as shall be designated by the Council and shall continue in session until all interested persons have had an opportunity to be heard, but in no case for less than eight hours. The Board of Review shall convene for at least one evening session from 7:00 p.m. to 9:00 p.m. The Board may not increase any assessment or add any property to the rolls, except in those cases in which the Board resolved at its first session to consider such increase or addition.
9.8 NOTICE OF MEETINGS.
Notice of the time and place of the sessions of the Board and Review shall be published by the Clerk at least ten days prior to each session of the Board.
9.9 DUTIES AND FUNCTIONS OF BOARD OF REVIEW.
For the purpose of revising and correcting assessments, the Board of Review shall have the same powers and perform like duties in all respects as are by statute conferred upon and required of boards of review in townships, except as otherwise provided in this Charter. It shall hear the complaints of all persons considering themselves aggrieved by assessments, and if it shall appear that any person or property has been wrongfully assessed or omitted from the roll, the Board shall correct the roll in such manner as it deems just. In all cases the roll shall be reviewed according to the facts existing on the tax day and no change in the status of any property after the said day shall be considered by the Board in making its decisions. Except as otherwise provided by statute, no person other than the Board of Review shall make or authorize any change upon, or additions or corrections to, the assessment roll. It shall be the duty of the Assessor to keep a permanent record of all proceedings and to enter therein all resolutions and decisions of the Board.
9.10 ENDORSEMENT OF ROLL.
After the Board of Review has completed its review of the assessment roll, and not later than the thirty-first of March, the majority of its members shall endorse thereon and sign a statement to the effect that the same is the assessment roll of the City for the year in which it has been prepared. The omission of such endorsement shall not affect the validity of such roll.
9.11 CLERK TO CERTIFY TAX LEVY.
Within three days after the Council has adopted the budget for the ensuing year, the Clerk shall certify to the appropriate authority the total amount which the Council determines shall be raised by general ad valorem tax. The Clerk shall also certify all amounts of current or delinquent special assessments and all other amounts which the Council requires to be assessed, reassessed or charged upon any property or against any person.
(Amended by vote of the electorate at a General Election held 11-7-2000)
9.12 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." Upon receiving the certification of the several amounts to be raised as provided in Section 9.11, the appropriate authority shall spread upon said tax roll the several amounts determined by the Council to be charged, assessed or reassessed against persons or property. The appropriate authority shall also spread the amounts of the general ad valorem taxes according to and in proportion to the several valuations set forth in said assessment roll.
(Amended by vote of the electorate at a General Election held 11-7-2000)
9.13 TAX ROLL CERTIFIED FOR COLLECTION.
After spreading the taxes the appropriate authority shall certify the tax roll, and the Assessor shall sign the warrant thereto directing and requiring the Treasurer to collect, prior to March first the following year, 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 the Treasurer, for the purpose of collecting the taxes, assessments and charges on such roll, all the statutory powers and immunities possessed by city treasurers for the collection of taxes. On or before July first the roll shall be delivered to the Treasurer for collection.
(Amended by vote of the electorate at a General Election held 11-7-2000)
9.14 TAX LIEN ON PROPERTY.
On July first the taxes thus assessed shall become a debt due to the City from the persons to whom they are assessed, and 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. Such lien 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.
9.15 TAXES DUE: NOTIFICATION THEREOF.
City taxes shall be due on July first of each year. The Treasurer shall not be required to call upon the payment of taxes, but he shall:
(a) Publish between June fifteenth and July first, notice of the time when said taxes will be due for collection and the penalties and fees for late payment of same.
(b) Mail a bill to each person named in said roll, but in cases of multiple ownership of property only one bill need be mailed.
Failure on the part of the Treasurer to publish said notice or mail such bills shall not invalidate the taxes on said tax roll nor release the person or property assessed from the penalties and fees provided in this chapter in case of late payment or non-payment of the same.
9.16 INTEREST ON LATE PAYMENT OF TAXES.
All taxes paid on or before the thirty-first day of August shall be collected by the Treasurer without interest. On the first day of September the Treasurer shall add to all taxes paid thereafter four (4%) percent of the amount of said taxes and on the first day of October and each succeeding month he shall add an additional one-half of one (1%) percent of said taxes that remain unpaid. Such interest shall not exceed six (6%) percent and shall belong to the City and constitute a charge and shall be a lien against the property to which the taxes apply, collectible in the same manner as the taxes to which they are added. It is provided, however, that if delivery of the tax roll to the Treasurer, as provided in Section 9.13, is delayed for any reason by more than thirty (30) days after June tenth, the application of the interest charge provided herein shall be postponed an additional thirty (30) days for each additional thirty (30) days, or major fraction thereof, of such delay.
9.17 FAILURE OR REFUSAL TO PAY PERSONAL PROPERTY TAX.
If any person, firm or corporation shall neglect or refuse to pay any personal property tax assessed to them by March first, the Treasurer shall collect the same by seizing property of the person, firm or corporation to an amount sufficient to pay such tax, and charges for subsequent sale, wherever the same may be found in the state, and from which seizure no property shall be exempt. The Treasurer may sell the property seized to an amount sufficient to pay the taxes and all charges in accordance with statutory provisions. The Treasurer may, if otherwise unable to collect a tax on personal property, sue in accordance with statute, the person, firm or corporation to whom it is assessed.
(Amended by vote of the electorate at a General Election held 11-7-2000)
9.18 PERSONAL PROPERTY - JEOPARDY ASSESSMENT.
If the Treasurer finds or reasonably believes that any person, who is or may be, liable for taxes upon personal property, the taxable suites of which was in the City on tax day, intends to depart from the City; or to remove therefrom personal property, which is, or may be, liable for taxation; or to conceal himself or his property; or to do any other act tending to prejudice, or to render wholly or partly ineffectual the proceeding to collect such tax, unless proceedings therefore be brought without delay, he shall proceed to collect the same as a jeopardy assessment in the manner provided by law.
9.19 DELINQUENT TAX ROLL TO COUNTY TREASURER.
All City taxes on real property remaining uncollected by the Treasurer on the first day of March following the date when said roll was received by him shall be returned to the County Treasurer in the manner and with like effect as provided by statute for returns by township treasurers of townships, school and county taxes. Such returns shall include all the additional assessment, charges and fees hereinbefore provided, which shall be added to the amount assessed in said tax roll against each property or person. The taxes thus returned shall be collected in the same manner as other taxes return to the County Treasurer are collected, in accordance with statute, and shall be and remain a lien upon the property against which they are assessed until paid. If by change in statute or otherwise, the Treasurer of the County of Ogemaw is no longer charged with the collection of delinquent real property taxes, such delinquent taxes shall be collected in the manner then provided by statute for the collection of delinquent township, school and county taxes.
9.20 STATE, COUNTY AND SCHOOL TAXES.
For the purpose of assessing and collecting taxes for State, County and School purposes, the City shall be considered the same as a township, and all provisions of statute relative to the collection of and accounting for such taxes shall apply. For these purposes the Treasurer shall perform the same and have the same powers as township treasurers under statute.
CHAPTER 10: BORROWING POWER
10.1 GRANT OF AUTHORITY TO BORROW
10.2 AUTHORIZATION OF ELECTORS REQUIRED
10.3 APPLICABILITY OF OTHER STATUTORY RESTRICTIONS
10.4 LIMITS OF BORROWING POWERS
10.5 PREPARATION AND RECORD OF BONDS
10.6 UNISSUED BONDS
10.7 DEFERRED PAYMENT CONTRACTS
10.1 GRANT OF AUTHORITY TO BORROW.
Subject to the applicable provisions of statute 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 statute and may authorize the issuance of bonds or other evidences of indebtedness therefore. Such bonds or other evidences of indebtedness shall include but not be limited to the following types:
(a) General obligations which pledge the full faith, credit and resources of the City for the payment of such obligations including bonds for the City's portion of public improvements;
(b) Notes issued in anticipation of the collection of taxes, but the proceeds of such notes may be spent only in accordance with appropriations as provided by law.
(c) 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;
(d) 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 a special assessment district or districts or may be both an obligation of the special assessment district and a general obligation of the City.
(e) 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 (20) years from the date of the sale of such utility and franchise on foreclosure. 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.
(f) Bonds for the refunding of the funded indebtedness of the City.
(g) Revenue bonds as authorized by statute which are secured only by the revenues from a public improvement and do not constitute a general obligation of the City.
10.2 AUTHORIZATION OF ELECTORS REQUIRED.
Except as authorized by law no bonds pledging the full faith and credit of the City shall be issued without the approval of a majority of the electors voting thereon at any general or special election.
10.3 APPLICABILITY OF OTHER STATUTORY RESTRICTIONS.
The issuances of any bonds not requiring the approval of the electors shall be subject to applicable requirements of statute with regard to public notice in advance of the authorization of such issues, filing of petitions for a referendum of such issuance, holding of such referendum and other applicable procedural requirements.
10.4 LIMITS OF BORROWING POWERS.
The net bonded indebtedness incurred for all public purposes shall not at any time exceed ten (10%) percent of the assessed value of all the real and personal property in the City, provided that in computing such net bonded indebtedness there shall be excluded money borrowed under the following sections of the chapter: 10.1. (b) (tax anticipation notes), 10.1 (c) (emergency loans), 10.1. (d) (special assessments bonds even though they are also a general obligation of the City), 10.1 (e) (mortgage bonds), 10.1 (f) (special assessment refunding bonds), 10.1 (h) (revenue bonds), and other bonds or obligations which under the constitution or statutes do not constitute a general obligation of the City.
The amount of emergency loans which the Council may make under the provisions of Section 10.1 (c) of the Charter may not exceed 3/8 of one (1%) percent of the assessed value of all the real and personal property in the City.
The total amount of special assessment bonds pledging the full faith and credit of the City shall at no time exceed twelve percent (12%) of the assessed value of all the real and personal property in the City.
10.5 PREPARATION AND RECORD OF BONDS.
Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which the same is issued and it shall be unlawful for any officer of the City to use the proceeds thereof for any other purpose. Any officer who shall violate this provision shall be deemed guilty of misconduct in office. All bonds and other evidences of indebtedness issued by the City shall be signed by the Mayor and counter-signed by the Clerk, under the seal of the City. Interest coupons may be executed with the facsimile signatures of the Mayor and Clerk. A complete and detailed record of all bonds and other evidences of indebtedness issued by the City shall be kept by the Clerk. Upon the payment of any bond or other evidence of indebtedness, the same shall be cancelled.
10.6 UNISSUED BONDS.
No unissued bonds of the City shall be issued or sold to secure funds for any purpose other than that for which they were specifically authorized, and, if any such bonds are not sold within three years after authorization, such authority shall be terminated.
10.7 DEFERRED PAYMENT CONTRACTS.
The City may enter into installment contracts for the purchase of property or capital equipment. Each of such contracts shall not extend over a period greater than five years nor shall the total amounts of principal payable under all such contracts exceed a sum of one-half of one (1%) percent of the total assessed valuation of the City in any one fiscal year.
All such deferred payments shall be included in the budget for the year in which the installment is payable.
CHAPTER 11: SPECIAL ASSESSMENT
11.1 GENERAL POWER RELATIVE TO SPECIAL ASSESSMENTS
11.2 DETAILED PROCEDURE TO BE FIXED BY ORDINANCE
11.3 SPECIAL ASSESSMENT POWERS
11.4 DISPOSITION OF EXCESSIVE SPECIAL ASSESSMENTS
11.5 ADDITIONAL ASSESSMENTS: CORRECTION OF INVALID SPECIAL ASSESSMENTS
11.6 CONTESTED ASSESSMENTS
11.7 COLLECTION OF SPECIAL ASSESSMENTS
11.8 SPECIAL ASSESSMENT ACCOUNTS
11.9 ASSESSMENTS FOR REMOVAL OF HAZARDS, ETC.
11.10 FAILURE TO RECEIVE NOTICE
11.11 DEFERRED PAYMENT OF SPECIAL ASSESSMENTS
11.12 ALL REAL PROPERTY LIABLE FOR SPECIAL ASSESSMENTS
11.13 ASSESSMENTS FOR INTERGOVERNMENTAL IMPROVEMENTS
11.1 GENERAL POWERS RELATIVE TO SPECIAL ASSESSMENTS.
The Council shall have the power to determine by resolution the necessity of a public improvement, and to determine that the whole or any part of the expense of any public improvement be defrayed by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived.
11.2 DETAILED PROCEDURE TO BE FIXED BY ORDINANCE.
The City Council shall prescribe by ordinance the complete special assessment procedure governing the initiation of projects, preparation of plans and cost estimates, creation of districts, making and confirming of assessment rolls, correction of errors in the rolls, collection of assessments and any other matters concerning the making of improvements by the special assessment method. Such ordinance shall be subject to the following provisions:
(a) No resolution finally determining to proceed with establishing any special assessment district for the making of any public improvement shall be enacted until cost estimates have been prepared and a public hearing has been held on the advisability of so proceeding, which hearing shall be held not less than ten (10) days after notice thereof has been published and sent by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City.
(b) No special assessment roll shall be finally confirmed until after a meeting of the Council has been held for the purpose of reviewing such roll, which meeting shall be held not less than (10) days after notice thereof has been published and sent by first class mail to all property owners in the proposed district as shown by the current assessment roll of the City.
(c) No original special assessment roll shall be confirmed except by the affirmative vote of five members of the Council if, prior to such confirmation, written objections to the proposed improvement have been filed by the owners of property in the district which will be required to bear more than fifty (50%) percent of the amount of such special assessment.
(d) No public improvement to be financed in whole or part by special assessment shall be made before the confirmations of the special assessment roll for such improvement.
(e) Payment of special assessments shall be made in annual installments not to exceed twenty in number. The first such installment shall be due upon confirmation of the special assessment roll, and subsequent installments shall be due on July first of succeeding years, and are to be placed upon the annual City tax roll, if delinquent. Interest shall be charged only until the due date of each such deferred installment at a rate permitted by law, subject to the right of advance payment.
11.3 SPECIAL ASSESSMENT POWERS.
The Council shall, in exercise of its powers of special assessment, have power to provide for the following, but this list shall not be exclusive.
(a) For the construction of public parking facilities as a public improvement financed in whole or part by the special assessment method.
(b) For the assessment of single lots when any expenditure is made on any separate or single lot, parcel of land, or lands, or premises, which the City is authorized to charge and collect as a special assessment against the same.
(c) For installing a boulevard lighting system on any street as a public improvement to be financed in whole or part by special assessment upon the lands abutting thereupon, provided that the property owners of a majority of the frontage on such street or part thereof to be so improved shall petition therefore.
11.4 DISPOSITION OF EXCESSIVE SPECIAL ASSESSMENTS.
The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the City if such excess of five (5%) percent or less of the assessment. If the assessment should prove larger than necessary by more than five (5%) percent the entire excess shall be refunded on a pro rata basis to the owners of the property assessed as shown by the current assessment roll of the City.
Such refund shall be made by credit against future unpaid installments to the extent such installments then exist and the balance of such refund shall be in cash. No refunds may be made which contravene the provisions of any outstanding evidence of indebtedness secured in whole or part by such special assessment.
11.5 ADDITIONAL ASSESSMENTS: CORRECTION OF INVALID SPECIAL ASSESSMENTS.
Additional pro rata assessments may be made when any special assessment roll proves insufficient to pay for the improvement for which it was levied and the expenses incidental thereto, or to pay the principal and interest on bonds or other evidences or obligation issued therefore; provided that the additional pro rata assessment shall not exceed twenty-five (25%) percent of the assessment as originally confirmed unless a meeting of the Council be held to review such additional assessment, for which meeting notices shall be published and mailed as provided in the case of review of the original special assessment roll.
Whenever any special assessment shall, in the opinion of the Council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the Council shall, whether the improvement has been made or not or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made, for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum or part thereof levied upon any property in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment or if the payments exceed the amount of the reassessment refunds shall be made.
No judgment or decrees nor any act of the Council vacating a special assessment shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceeding might have been lawfully assessed thereupon.
11.6 CONTESTED ASSESSMENTS.
No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment:
(a) Unless such suit or action shall be commenced within the time allowed by statute.
11.7 COLLECTION OF SPECIAL ASSESSMENTS.
Upon the confirmation of each special assessment roll the special assessments shall become a debt to the City from the persons to whom they are assessed and shall until paid be a lien upon the property assessed for the amount of such assessment and all interest and charges thereon. Such lien shall be of the same character and effect as created by this Charter for City taxes.
Special assessments, or installments thereof, which become due on July first of any year shall be collected in all respects as are City taxes due on July first of the same year, and if uncollected on the following first day of March, shall be returned to the County Treasurer with unpaid taxes as provided in section 9.18.
The initial special assessment installments which become due other than July first shall, if unpaid for ninety (90) days or more on May first of any year, be certified as delinquent to the Council by the Treasurer and the Council shall place such delinquent assessment on the tax roll for the year together with accrued interest to July first of such year. The total amount of such assessment and interest shall thereafter be collected in all respects as are City taxes due on July first of that year, shall be subject to the same fees and penalties as are City taxes due on that date and if uncollected on the following March first shall be returned to the Council Treasurer with unpaid taxes as provided in Section 9.18.
11.8 SPECIAL ASSESSMENT ACCOUNTS.
Except as otherwise provided in this Charter, moneys raised by special assessment for any public improvement shall be credited to a special account and shall be used to pay for the costs of the improvement for which the assessment was levied and expenses incidental thereto or to repay any money borrowed therefore.
11.9 ASSESSMENT FOR REMOVAL OF HAZARDS, ETC.
The assessment for the cost of the construction of any sidewalk or the abatement of any hazard or nuisance to be made pursuant to Section 2.3. (s) or Section 2.3 (o), or for the cost of removing snow, ice or other obstructions from sidewalks or trimming and removal of hazardous trees to be made pursuant to Section 2.3 (t) or Section 2.3 (u), shall be made by resolution of the Council. Notice of the time at which the Council will act thereon shall be given by first class mail to the owner of the property to be assessed as shown by the current tax roll of the City, except that no notice shall be required in the case of assessments for the removal of weeds, snow or ice. For the purposes of collection of such assessment, the adoption of such resolution shall be equivalent to the confirmation of a special assessment roll. The amount of any such assessment shall become a debt to the City upon adoption of such resolution, be due at such time as the Council shall prescribe, and shall be subject to the collection fees and become a lien as provided in Section 11.7. Every such assessment shall also be subject to Section 11.4, 11.5, and 11.6.
11.10 FAILURE TO RECEIVE NOTICE.
Failure to receive any notice required to be so sent by this chapter or by ordinance shall not invalidate any special assessment or special assessment roll.
11.11 DEFERRED PAYMENT OF SPECIAL ASSESSMENTS.
The Council may provide for the deferred payment of special assessments from persons who, in the opinion of the Council and assessor, by reason of poverty are unable to contribute toward the cost thereof. In all such cases, as a condition to the granting of such deferred payments, the City shall require mortgage security on the real property of the beneficiary payable upon his death.
11.12 ALL REAL PROPERTY LIABLE FOR SPECIAL ASSESSMENTS.
All real property, including that which is exempt from general taxation by law, shall be liable for the cost of public improvements benefiting the property, unless specifically exempted from special assessments by law.
11.13 ASSESSMENTS FOR INTERGOVERNMENTAL IMPROVEMENTS.
In instances when the City is authorized by law to participate in intergovernmental improvements whose cost may be defrayed in whole or in part by special assessment, the procedure therefore shall be as provided by the law authorizing such participation or, if not so provided, by this Charter.
CHAPTER 12: PURCHASING AND CONTRACTS
12.1 PURCHASE AND SALE OF PROPERTY
12.3 RESTRICTION ON POWERS TO LEASE PROPERTY
12.1 PURCHASE AND SALE OF PROPERTY.
Council shall establish rules and regulations governing purchasing and sale of City property and contact procedures therefore, subject to the following restrictions:
(a) Dollar amount thresholds and authorization procedures shall be set by ordinance for any contract or order for the purchase of property, goods or services and for the sale of property.
(Amended by vote of the electorate at a General Election held 11-8-1994)
(b) The purchasing procedure of the City hall at all times by fair and open. Invitations to submit bids or quotations on contract or orders to purchase shall be extended to all qualified potential vendors. Invitations for sealed bids shall be made by newspaper publication. Lists of qualified bidders shall at all times be maintained. Purchases shall be made from the lowest responsible bidder meeting specifications unless Council or the City Manager shall determine for publicly specified reasons that the public interest will be better served by accepting a higher bid. Performance bonds or other means of insuring that services purchased by the City are property performed shall be required by vendors.
(Amended by vote of the electorate at a General Election held 11-8-1994)
(a) The authority to contract on behalf of the City is vested in the Council and shall be exercised in accordance with the provisions of statute and of this Charter, provided that purchases and sales may be made by the City Manager subject to the provisions of Section 12.1.
(b) Any contract or agreement, in such amount as shall be determined by the Council by ordinance, made under any form or terms other than the standard City purchase order form shall before execution be submitted to the Attorney and his opinion obtained with respect to its form and legality. A copy of all contracts or agreements requiring such opinion shall be filed in the office of the Clerk together with a copy of the opinion.
(c) Before the execution of any contract, agreement or purchase order obligating the City, the City Manager or his designee shall first have certified that an appropriation has been made for the payment thereof, or that sufficient funds will be available if it be for a purpose not chargeable to a budget appropriation. In the case of a contract or agreement obligating the City for periodic payment in future fiscal years for the furnishing of a continuing service or the leasing of property, such certification need not cover those payments which will be due in future fiscal years, but this exception shall not apply to a contract for the purchase or construction of public improvement unless such purchase or construction is being financed by an installment contract.
(d) No contract shall be amended after the same has been made except upon the authority of the Council, provided that the City Manager may amend or rescind contracts for those purchases and sales made by him under the authority of Section 12.1.
(e) No compensation shall be paid to any contractor except in accordance with the terms of the contract.
(f) No contract shall be made with any person, firm or corporation in default to the City.
(g) An individual agreement of employment shall not be deemed a contract requiring opinion by the Attorney, certification by the accounting officer of the City, or compliance with purchasing procedures.
12.3 RESTRICTION ON POWER TO LEASE PROPERTY.
The Council shall not rent, lease, or let public property for a period longer than five years unless such rental or lease agreement shall have been referred to the people at a regular or special election and shall have received the approval of a majority of the electors thereon at such election. No such lease shall be approved by the Council for presentation to the electorate before thirty days after application therefore has been filed with the Council nor until a public hearing has been held thereon. No such lease shall be submitted to the electors unless the party leasing or renting the property has filed with the Clerk his unconditional acceptance of all terms of such lease or rental agreement.
CHAPTER 13: MUNICIPALLY OWNED UTILITIES
13.1 GENERAL POWERS RESPECTING UTILITIES
13.2 MANAGEMENT OF UTILITIES
13.4 UTILITIES RATES AND CHARGES
13.5 DISPOSAL OF UTILITY PLANTS AND PROPERTY
13.6 UTILITY FINANCES
13.1 GENERAL POWERS RESPECTING UTILITIES.
Subject to the provisions of the Constitution and statutes, the City shall have the power to acquire, own, establish, construct, operate, improve, enlarge, extend, repair and maintain, either within or without its corporate limits, a public utility for supplying water to the municipality and its inhabitants for domestic, commercial and municipal purposes, and may sell and deliver water without its corporate limits in an amount not to exceed the limitations set by the Constitution and statutes. Subject to statutory provisions, the City shall also have the power to acquire, own, establish, construct, 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 light, heat, power, gas, sewage collection and treatment and garbage disposal facilities, and facilities for the storage and parking of vehicles within or without its corporate limits.
13.2 MANAGEMENT OF UTILITIES.
All municipally owned and operated utilities shall be administered as a regular department of the City government under the management and supervision of the City Manager, unless otherwise provided by law.
The Council shall have the power to fix from time to time such just and reasonable rates and other charges as may be deemed advisable for supplying the inhabitants of the City and others with such public utility services as the City may provide. There shall be no discrimination in such rates within any classification of users thereof, nor shall free service be permitted. Higher rates may be charged for service outside the corporate limits of the City.
13.4 UTILITIES RATES AND CHARGES.
The Council shall provide by ordinance for the collection of all public utility rates and charges of the City. Such ordinance shall provide at least:
(a) That the City shall have a security for the collection of such utility rates and charges a lien upon the real property supplied by such utility, which lien shall become effective immediately upon the supplying of such utility service and shall be enforced in the manner provided in such ordinance.
(b) The terms and conditions under which utility service may be discontinued in case of delinquency in paying such rates and charges.
(c) That suit may be instituted by the City before a competent tribunal for the collection of such rates or charges. With respect to the collection of rates charged for water the City shall have all powers granted to cities by Act 178 of the Public Acts of 1939, as amended.
13.5 DISPOSAL OF UTILITY PLANTS AND PROPERTY.
Unless approved by the affirmative majority vote of the electors voting thereon at a regular or special election, the City shall not sell, exchange, lease or in any way dispose of any property, easements, equipment, privilege or asset belonging to and appertaining to any municipally owned public utility which is needed to continue operating such utility. All contracts, negotiations, licenses, grants, leases or other forms of transfer in violation of this section shall be void and of no effect as against the City. The restrictions of this section shall not apply to the sale or exchange of any articles of machinery or equipment of any City owned public utility which are worn out or useless or where it would be of advantage in terms of service to have them replaced by new or improved machinery or equipment, to the leasing of property not necessary for the operation of the utility, or to the exchange of property or easements for other needed property or easements. It is provided, however, that the provisions of this section shall not extend to vacation or abandonment of streets, as provided by statute.
13.6 UTILITY FINANCES.
The rates and charges for any municipal public utility for the furnishing of water, light, heat, power, gas or sewage treatment and garbage disposal shall be so fixed as to at least meet all cost of such utility including depreciation.
Transactions pertaining to the ownership and operation by the City of each public utility shall be recorded under separate enterprise accounting systems. An annual report shall be prepared to show fairly the financial position of each utility and the results of its operation, which report shall be available for inspection at the office of the Clerk.
CHAPTER 14: PUBLIC UTILITY FRANCHISES
14.1 FRANCHISES REMAIN IN EFFECT
14.2 GRANTING OF PUBLIC UTILITY FRANCHISES
14.3 CONDITIONS OF PUBLIC UTILITY FRANCHISES
14.4 REGULATION OF RATES
14.5 USE OF PUBLIC PLACES BY UTILITIES
14.1 FRANCHISES REMAIN IN EFFECT.
All franchises to which the City of West Branch is a party when this Charter becomes effective shall remain in full force and effect in accordance with their respective terms and conditions.
14.2 GRANTING OF PUBLIC UTILITY FRANCHISES.
Public utility franchises and all renewals and extensions thereof and amendments thereto shall be granted by ordinance only. No franchise shall be granted for a longer period than thirty (30) years.
No franchise ordinance which is not subject to revocation at the will of the Council shall be enacted or become operative until the same shall have first been referred to the people at a regular or special election and received the affirmative majority vote of the electors voting thereon. No such franchise ordinance shall be approved by the Council or referral to the electorate before thirty (30) days after application therefore has been filed with the Council nor until a public hearing has been held thereon, nor until the grantee named herein has filed with the Clerk his unconditional acceptance of all terms of such franchise. No special election for such purpose shall be ordered unless the expense of holding such election, as determined by the Council shall have first been paid to the Treasurer by the grantee.
A franchise ordinance or renewal or extension thereof or amendment thereto which is subject to revocation at the will of the Council may be enacted by the Council without referral to the voters, but shall not be enacted unless it shall have been complete in the form in which it is finally enacted and shall have so been on file in the office of the Clerk for public inspection for at least four weeks after publication of a notice that such ordinance is so on file.
14.3 CONDITIONS OF PUBLIC UTILITY FRANCHISES.
All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the following rights of the City, but this enumeration shall not be exclusive or impair the right of the Council to insert in such franchise any provision within the power of the City to impose or require:
(a) To repeal the same for misuse, non-use, or failure to comply with the provisions thereof;
(b) To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency;
(c) To establish reasonable standard of service and quality of products and prevent unjust discrimination in service rates;
(d) To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
(e) To use, control and regulate the use of its streets, alleys, bridges and other public places and the space above and beneath them;
(f) To impose such other regulations as may be determined by the Council to be conducive to the safety, welfare and accommodation of the public;
14.4 REGULATION OF RATES.
All public utility franchises shall make provision therein for fixing rates, fares, and charges, and may provide for readjustments thereof at periodic intervals. The value of the property of the utility used as a basis for fixing such rates, fares and charges shall in no event include a value predicted upon the franchise, goodwill or prospective profits.
14.5 USE OF PUBLIC PLACES BY UTILITIES.
Every public utility whether it has a franchise or not shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges and other public places as shall arise from its use thereof and shall protect and save the City harmless from all damages arising from said use. Every such public utility may be required by the City to permit joint use of its property and appurtenances located in the streets, alleys and other public places of the City by the City and by other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental thereof. In the absence of agreement and upon application by any public utility, the Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefore, and the arbitration award shall be final.
CHAPTER 15: MISCELLANEOUS
15.1 CITY LIABILITY
15.2 NO ESTOPPEL
15.3 PROCESSES AGAINST CITY
15.4 RECORDS TO BE PUBLIC
15.5 DEFINITION OF PUBLICATION, MAILING OF NOTICE
15.6 SATURDAYS, SUNDAYS AND HOLIDAYS
15.7 CHAPTER AND SECTION HEADINGS
15.9 PENALTIES FOR VIOLATIONS OF CHARTER
15.11 SEVERABILITY OF CHARTER PROVISIONS
15.1 CITY LIABILITY
The City shall not be liable for damages sustained by any person either to his person or property by reason of negligence of the City, its officers or employees, not by reason of any defective highway, street, bridge, sidewalk, crosswalk or culvert, or by reason of any obstruction, ice, snow, or other encumbrance upon such highway, street, bridge, sidewalk, crosswalk, or culvert situated in the City, unless such person shall serve or cause to be served upon the City Clerk within ninety (90) days after such damages shall have occurred a notice in writing and a statement that the person sustaining such damages intends to hold the City liable for such damages as may have been substantially the time and place of the damages, the manner in which they occurred, the extent of such damages as far as the same has become known, and the names and addresses of the witnesses known at the time by the claimant. No person shall bring any action against the City for any damages to person or property arising out of any of the reasons or circumstances aforesaid unless he shall have first presented to the Clerk his claim in writing and under oath setting forth particularly the nature and extent of such injury and the amount of damages claimed by reason thereof, which claim shall be presented to the Council by the Clerk and the Council 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 proceeding for the collection or any demand or claim against the City under this section that the notice of damages and the verified proof of the claim as in this section required were not presented and filed within the time and in the manner as herein provided.
15.2 NO ESTOPPEL.
No estoppel may be created against the City.
15.3 PROCESSES AGAINST CITY.
All process against the City shall run against the City in the corporate name thereof and may be served by leaving a true copy with the Mayor, Clerk or Attorney.
15.4 RECORDS TO BE PUBLIC.
All records of the City shall be public, shall be kept in City offices and shall be available for inspection at all reasonable times.
15.5 DEFINITION OF PUBLICATION, MAILING OF NOTICES.
The requirement contained in this Charter for the publishing or publication of notices, ordinances or proceedings shall be met by publishing an appropriate insertion in a newspaper published in the English language for the dissemination of news of a general character, which newspaper shall have had a general circulation at regular intervals in the City for at least two years immediately preceding the time that it is used for such publication purposes. The affidavit of the printer or publisher of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, ordinance or proceeding taken from the paper in which it was published and specifying the times of publication shall be prima facie evidence of such publication.
In any case in which this Charter requires the mailing of notices, the affidavit of the officer or employee responsible for such mailing that such notice was mailed shall be prima facie evidence of such mailing.
15.6 SATURDAYS, SUNDAYS AND HOLIDAYS.
Whenever the date fixed by this Charter for the doing or completion of any act falls on a Saturday, Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Saturday, Sunday or legal holiday.
15.7 CHAPTER AND SECTION HEADINGS.
The chapter, section and sub-section headings used in this Charter are for convenience only and shall not be considered as part of the Charter.
Expect as otherwise specifically provided or indicated by the context:
(a) All words used in this Charter indicating 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 for which provision is made herein.
(b) The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter.
(c) The word "person" may extend and be applied to bodies, political and corporate, and to partnerships as well as to individuals.
(d) The words "printed" and "printing" shall include reproductions by printing, engraving, stencil duplicating, lithographing or any similar method.
(e) Except in reference to signatures, the words "written" and in "writing" shall include printing and typewriting.
(f) The word "officer" shall include the Mayor and other members of the Council and certain administrative officers as specified by this Charter.
(g) The word "default" shall be defined to include being delinquent in taxes among its meanings.
(h) The words "statute" shall denote the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the word "statute" is to be applied.
(i) All references to specific Public Acts of the State of Michigan shall be to such acts as are in effect at the time the reference to such act is to be applied.
(j) The words "law" or "general laws of the state" shall denote the Constitution and the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the words "law" or "General laws of the state" is to be applied, and applicable common law.
(k) All references to section numbers shall refer to section numbers of this Charter.
(l) The word "disability" shall mean physical or mental incapacity to perform the functions of an office.
15.9 PENALTIES FOR VIOLATIONS OF CHARTER.
Any officer of the City found guilty by a court of competent jurisdiction of any act declared by this Charter to constitute misconduct in office may be punished by a fine of not to exceed five hundred dollars or imprisonment for not to exceed ninety (90) days or both in the discretion of the court. The punishment provided in this section shall be in addition to that of having the office declared vacant as elsewhere provided.
This Charter may be amended at any time in the manner provided by statute. Should two or more amendments adopted at the same election have conflicting provisions the one receiving the largest affirmative vote shall prevail as to those provisions.
15.11 SEVERABILITY OF CHARTER PROVISIONS.
If any provision, section, article or clause of this Charter or the application thereof to any remaining portion or application of the Charter which can be given effect without invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable and to this end this Charter is declared to be severable.
CHAPTER 16: TRANSITION PROVISIONS
16.1 PURPOSE OF THIS CHAPTER
16.2 ELECTION ON ADOPTION OF CHARTER
16.3 PUBLICATION OF CHARTER
16.4 EFFECTIVE DATE OF CHARTER
16.6 CONTINUATION OF OFFICE OR EMPLOYMENT
16.7 EXISTING LEGISLATION
16.8 SUCCESSION TO RIGHTS AND PROPERTY
16.9 INTERIM BUDGET
16.1 PURPOSE OF THIS CHAPTER.
The purpose of this chapter is to provide for the transition of the City of West Branch to a home-rule government under the provisions of this Charter. This chapter shall constitute a part of the Charter only to the extent and for the time required to accomplish this end.
16.2 ELECTION ON ADOPTION OF CHARTER.
(a) This Charter shall be submitted to a vote of the registered electors of the City of West Branch at the general election to be held on Tuesday, November 4, 1975. All provisions for the submission of the question of adopting this Charter at such election and the counting and certifying of the vote thereon shall be made in the manner provided by law. The Charter Commission hereby designates the City Clerk to perform the above functions. This Charter shall be adopted if a majority of the ballots cast thereon are in favor of the adoption.
(b) The form of the ballot for the submission of this Charter to the electors shall be as follows:
Shall the Charter proposed for the City of West Branch, by the Charter Commission elected on August 6, 1974, be adopted?
INSTRUCTIONS: A "YES" vote will be a vote in favor of adoption of the proposed Charter; a "NO" vote will be a vote against adoption.
16.3 PUBLICATION OF CHARTER.
The Charter Commission shall cause the Charter to be published in a newspaper of general circulation in the City of West Branch one time, not less than two weeks nor more than four weeks prior to the November 4, 1975, election.
16.4 EFFECTIVE DATE OF CHARTER.
If approved by the voters this Charter shall take full effect for all purposes, unless otherwise specifically provided, on the date that the first Mayor and Council elected under this Charter take office. The sections of this Charter dealing with nomination and election of the Mayor and members of Council shall take effect on January 1, 1976.
(a) A special election shall be held on April 5, 1976, to elect a Mayor and all members of City Council provided for under this Charter. Nominations for such elections shall be made by petition which shall be filed no later than the third Monday of February, 1976.
(b) The Mayor and members of City Council elected at the special election on April 5, 1976, shall take office at 12:00 noon on Monday, May 3, 1976, and the offices of the incumbent Mayor and members of Council shall be vacated at such time. At 7:30 p.m. on the above date of taking office the newly-elected Mayor and members of Council shall meet at the West Branch Municipal Building for the following purposes:
(1) For the election of a Mayor Pro-tem, the appointment of a City Manager or Acting City Manager, and the appointment of other officials, department directors and employees, subject to the provisions of this Charter.
(2) For the adoption of ordinances and resolutions and the taking of other action necessary to effect the transition of government under this Charter and to maintain effective City governmental operations during the transition period.
16.6 CONTINUATION OF OFFICE OR EMPLOYMENT.
(a) Except for the offices of incumbent Mayor and members of City Council, at the time this Charter takes full effect any City elected or appointed officer, department head, or employee holding office or position shall continue in such office or position or equivalent office or position on an appointed basis until such time as he is reappointed or replaced, or until such time as the office or position which he holds is abolished or combined with another office or position. The above provision shall not apply to offices or positions specifically eliminated by this Charter. All officers, department heads, and employees continuing in office shall be fully subject to the provisions of this Charter.
(b) Retirement, seniority, and related rights and privileges of officers, department heads and employees shall be continued under this Charter.
(c) Offices and departments in existence at the time this Charter takes full effect shall, unless specifically abolished by this Charter, continue unless later abolished, combined or otherwise modified.
(d) If a City department, office or agency is abolished by this Charter, the powers and duties given it by law and its property, records and equipment shall be transferred to the City department, office or agency designated in this Charter or, if this Charter makes no provision, designated by City Council, City Council shall adjust and finally determine any questions or disputes which may arise in the above area.
16.7 EXISTING LEGISLATION.
All City ordinances, resolutions, orders, rules and regulations which are in force when this Charter becomes fully effective, and which are not inconsistent with the provisions of this Charter, shall remain in full force and effect unless later repealed, amended, or otherwise modified.
16.8 SUCCESSION TO RIGHTS AND PROPERTY.
The City of West Branch on the effective date of this Charter shall succeed to all the assets, privileges, titles, easements, right-of-way, causes of action, duties, commitments, obligations and powers and be the complete successor to the City of West Branch under its former government. The City shall be vested with all monies, property, credits, records, files, books and papers previously belonging to it. No rights, liabilities, contracts, leases or franchises, either in favor of or against the City, and no suit or prosecution of any nature shall be in any way affected by the adoption of this Charter. All debts and liabilities of the City shall continue to be its debts and liabilities, and all debts owing to it and all fines, penalties, interest or fees imposed and outstanding at the time of the change shall be collected by the City.
16.9 INTERIM BUDGET.
The budget adopted by the City of West Branch on April 1, 1976, shall be for a 15-month fiscal year, continuing until June 30, 1977. Such budget shall be adopted by the Mayor and Council who are serving as of April 1, 1976, but shall be subject to review and amendment up to May 31, 1976, by the Mayor and Council who take office on Monday, May 3, 1976, under provisions of this Charter.
RESOLUTION OF ADOPTION
At a Meeting of the Charter Commission of the City of West Branch, held in the City Council chambers of the City, the usual meeting place of said Charter Commission, on September 3, 1975, the following members of the Charter Commission were present: Arthur E. Crawford, Chairman, Robert L. Peacock, Norman E. Nordfjord, Clinton K. Drake, John E. Oswald, June Longstreet, and Arvid A. McPherson, constituting a quorum.
At said meeting the following resolution was offered by Commissioner Drake and seconded by Commissioner Oswald.
Resolved: That the Charter Commission of the City of West Branch hereby adopts the foregoing instrument as the Revised Proposed Charter of the City of West Branch, and the Clerk of the Commission is hereby instructed to transmit the same to the Governor of the State of Michigan, in accordance with the provisions of Public Act No. 279 of 1909, as amended, for his approval, and to file a copy thereof in the office of the City Clerk, as required by said Act and certify the filing thereof, giving the date and time to the Chairman.
The vote on the adoption of the Resolution was as follows:
Ayes, Seven; Nayes, None; Absent, Two.
Signed: Gloria Oswald, Deputy City Clerk.
Deputy Clerk of the Charter Commission of the City of West Branch.
Attested by the following Commissioners: Arthur E. Crawford, Chairman, Robert L. Peacock, Norman E. Nordfjord, Clinton K. Drake, John E. Oswald, June Longstreet, Arvid A. McPherson.
The attached document constitutes the Revised Proposed Charter of the City of West Branch, Michigan, as adopted by the West Branch Charter Commission on September 3, 1975.
Attested to by the undersigned members of the Charter Commission. Arthur E. Crawford, Chairman, Robert L. Peacock, Norman E. Nordfjord, Clinton K. Drake, John E. Oswald, June Longstreet, Arvid A. McPherson.
I, the undersigned, Gloria Oswald, Deputy Clerk, in and for the City of West Branch, do hereby certify the above to be a true and exact copy of a resolution adopted by the Charter Commission of the City of West Branch at their special meeting held on September 3, 1975.
Gloria Oswald, Deputy City Clerk
Mr. Arthur E. Crawford, Chairman of Charter Commission
West Branch, Michigan 48661
CITY OF WEST BRANCH
PROPOSED REVISED CHARTER
Dear Mr. Crawford:
Notice is hereby given of my approval of the submission of the proposed revised charter for the City of West Branch, to the vote of the people, subject to the recommendations as set forth in the Attorney General's letter of October 9, 1975, a copy of which was mailed to you.
Attention is called to the fact that if the revised charter is passed your municipality should see to it that the revised charter is filed with the Secretary of State.
An extra copy of this letter is enclosed to accompany your filing with the Secretary of State.
William G. Milliken