PART I CHARTER*
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*Editor's note--Printed herein is the city charter, adopted on Aug. 2,
1960, and effective on Sept. 5, 1960. In catchlines the term "Section" has been
abbreviated "Sec." and the catchline placed after the number rather than before
the number. Obvious misspellings have been corrected without notation. Citations to state
statutes have been made uniform. Additions for clarity are indicated by brackets.
State law reference(s)--Power to adopt and amend charter, Mich. Const.
1963, Art. VII, § 22; Home rule act, MCL 117.1 et seq., MSA 5.2071 et seq.
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Chapter 1. Name and Boundaries
Sec. 1.1. Name.
Sec. 1.2. Boundaries.
Sec. 1.3. Wards.
Chapter 2. Definitions and General Provisions
Sec. 2.1. Records to be public.
Sec. 2.2. Public records as evidence.
Sec. 2.3. Definitions and interpretations.
Sec. 2.4. Official performance.
Sec. 2.5. Penalties for violations of charter.
Sec. 2.6. Chapter and section headings.
Sec. 2.7. Amendments.
Sec. 2.8. Severability of charter provisions.
Chapter 3. Municipal Powers and Liabilities
Sec. 3.1. General powers.
Chapter 4. Officers
Sec. 4.1. City officers.
Sec. 4.2. Eligibility for elective city office.
Sec. 4.3. Persons ineligible for city office or employment.
Sec. 4.4. Notice of election or appointment.
Sec. 4.5. Compensation of officers.
Sec. 4.6. Oath of office.
Sec. 4.7. Surety bonds.
Sec. 4.8. Giving of surety by officers and employees forbidden.
Sec. 4.9. Vacancies.
Sec. 4.10. Resignations.
Sec. 4.11. Recall.
Sec. 4.12. Filling vacancies.
Sec. 4.13. Delivery of office to successor.
Chapter 5. The City Council
Sec. 5.1. The city council.
Sec. 5.2. Terms of office.
Sec. 5.3. Organization of the council.
Sec. 5.4. The mayor.
Sec. 5.5. The mayor pro tempore.
Sec. 5.6. Meetings of the council.
Sec. 5.7. Powers of the council to appoint citizen advisory boards.
Sec. 5.8. Restrictions on powers of the council.
Chapter 6. City Legislation
Sec. 6.1. Legislative power.
Sec. 6.2. Prior legislation preserved.
Sec. 6.3. Introduction, consideration and style of ordinances.
Sec. 6.4. Publication of ordinances.
Sec. 6.5. Penalties.
Sec. 6.6. Time limit for prosecution of ordinance violations.
Sec. 6.7. Proceedings for prosecution of ordinance violations.
Sec. 6.8. Initiative and referendum.
Sec. 6.9. Initiatory or referendary petitions[--Generally].
Sec. 6.10. Same--Council procedure.
Sec. 6.11. Same--Submission to electors.
Sec. 6.12. Same--Status of ordinances adopted.
Sec. 6.13. Same--Ordinance suspended.
Chapter 7. City Administration
Sec. 7.1. Administrative departments of the city.
Sec. 7.2. City manager.
Chapter 8. The Administrative Officers and Service
Sec. 8.1. The administrative officers.
Sec. 8.2. Administrative officers--Appointments, terms, and compensation.
Sec. 8.3. City clerk.
Sec. 8.4. City treasurer.
Sec. 8.5. Deputies of the clerk and treasurer.
Sec. 8.6. Director of finance.
Sec. 8.7. City attorney.
Sec. 8.8. Assessor.
Sec. 8.9. Other administrative officers.
Sec. 8.10. Police department.
Sec. 8.11. Fire department.
Sec. 8.12. City hospital.
Sec. 8.13. Albion City Library.
Sec. 8.14. Planning department.
Sec. 8.15. Citizen committees.
Sec. 8.16. Composition of city boards and committees.
Sec. 8.17. Additional administrative powers and duties.
Sec. 8.18. Civil service.
Sec. 8.19. Employee welfare benefits.
Sec. 8.20. Pension plan.
Chapter 9. General Finance
Sec. 9.1. Fiscal year.
Sec. 9.2. Budget preparation and procedure.
Sec. 9.3. Budget adoption procedure.
Sec. 9.4. Budget control.
Sec. 9.5. Withdrawal of funds.
Sec. 9.6. Special accounts.
Sec. 9.7. Notice to city for claim for injuries.
Sec. 9.8. Depositories.
Sec. 9.9. Independent audit.
Chapter 10. Taxation
Sec. 10.1. Power to tax--Tax limit.
Sec. 10.2. [Same--]Exemptions.
Sec. 10.3. Tax day.
Sec. 10.4. Personal property--Jeopardy assessment.
Sec. 10.5. Preparation of the assessment roll.
Sec. 10.6. Board of review.
Sec. 10.7. Duties and functions of board of review.
Sec. 10.8. Meetings of board of review.
Sec. 10.9. Certification of roll.
Sec. 10.10. Validity of assessment roll.
Sec. 10.11. Clerk to certify levy.
Sec. 10.12. City tax roll.
Sec. 10.13. Taxes a debt and lien.
Sec. 10.14. Tax roll certified for collection.
Sec. 10.15. Tax payment date.
Sec. 10.16. Taxes due--Notification thereof.
Sec. 10.17. Tax payment schedule.
Sec. 10.18. Failure or refusal to pay personal property tax.
Sec. 10.19. State, county, and school taxes.
Sec. 10.20. Collection of delinquent taxes.
Sec. 10.21. Protection of city lien.
Sec. 10.22. Disposition of real property held by city.
Chapter 11. Special Assessments and Public Improvements
Sec. 11.1. General power relative to special assessments and public improvements.
Sec. 11.2. Detailed procedure to be fixed by ordinance.
Sec. 11.3. Expenditures before funds for improvements are available.
Sec. 11.4. Limitations on suits and actions.
Sec. 11.5. Correction of invalid special assessments.
Sec. 11.6. Lien for and collection of special assessments.
Sec. 11.7. Receipts from special assessments.
Sec. 11.8. All real property liable for special assessments.
Sec. 11.9. Additional assessments.
Sec. 11.10. Certain postponements of payments.
Chapter 12. Municipal Borrowing Power
Sec. 12.1. Municipal borrowing power.
Sec. 12.2. Limitations upon borrowing power.
Chapter 13. Municipal Court
Sec. 13.1. Municipal court created.
Sec. 13.2. Associate municipal judge.
Sec. 13.3. Legal practice of judge.
Sec. 13.4. Compensation of municipal judge.
Sec. 13.5. Term of office of municipal judge.
Sec. 13.6. Records and files of justices of the peace.
Sec. 13.7. Jurisdiction of municipal court.
Sec. 13.8. Court clerk.
Sec. 13.9. General municipal court act.
Sec. 13.10. Bonds of municipal judge.
Sec. 13.11. Constable--Court officer.
Sec. 13.12. Violations bureau.
Chapter 14. Elections
Sec. 14.1. Qualifications of electors.
Sec. 14.2. Election procedure.
Sec. 14.3. Regular elections.
Sec. 14.4. Special elections.
Sec. 14.5. Notice of election.
Sec. 14.6. Council districts and election precincts.
Sec. 14.7. Voting hours.
Sec. 14.8. Nominating petitions.
Sec. 14.9. Approval of petitions.
Sec. 14.10. Public inspection of petitions.
Sec. 14.11. Names on ballots.
Sec. 14.12. Election commission.
Sec. 14.13. Canvass of votes.
Sec. 14.14. Tie vote.
Sec. 14.15. Recount.
Sec. 14.16. Recall.
Chapter 15. Contracts
Sec. 15.1. Contracting authority of council.
Sec. 15.2. Purchase and sale of personal property.
Sec. 15.3. Limitations on contractual power.
Sec. 15.4. Business dealings with city.
Chapter 16. Public Utility Franchises
Sec. 16.1. Granting of public utility franchises.
Sec. 16.2. Conditions of public utility franchise.
Sec. 16.3. Regulation of rates.
Sec. 16.4. Use of public places by utilities.
Chapter 17. Municipally Owned Utilities
Sec. 17.1. General powers respecting utilities.
Sec. 17.2. Administration of municipal utilities.
Sec. 17.3. Rates.
Sec. 17.4. Utility rates and charges--Collection.
Sec. 17.5. Disposal of utility plants and property.
Sec. 17.6. Diversion of utility department funds.
Chapter 18. Supervisors
Sec. 18.1. Number of supervisors.
Sec. 18.2. Appointed supervisors.
Sec. 18.3. Temporary absences or inability to serve.
Sec. 18.4. Duties of city supervisors.
Sec. 18.5. Compensation of supervisors.
[Chapter 19.] Schedule
Sec. 19.1. Purpose and status of schedule chapter.
Sec. 19.2. Election to adopt charter.
Sec. 19.3. Form of ballot.
Sec. 19.4. Effective date of charter.
Sec. 19.5. Elected officers of the city.
Sec. 19.6. Council meetings.
Sec. 19.7. Administrative officers.
Sec. 19.8. First board of review.
Sec. 19.9. Boards and commissions under previous charter.
Sec. 19.10. City supervisors.
Sec. 19.11. Municipal court.
Sec. 19.12. Constable.
Sec. 19.13. Compensation of officers.
Sec. 19.14. Council action.
Sec. 19.15. Vested rights and liabilities.
PREAMBLE
We, the people of the City of Albion, mindful of the ideals and labors of our fathers in
founding and developing this community, grateful to Almighty God for the blessings of
freedom, peace, and justice, and desirous of furthering these blessings to ourselves and
our posterity and provide for the public peace, health, and welfare and for the safety of
persons and property, do hereby ordain and adopt this charter for the City of Albion.
CHAPTER 1. NAME AND BOUNDARIES
Sec. 1.1. Name.
The city shall be a body corporate under the name, "The City of Albion."
State law reference(s)--Organized cities to be body corporate, MCL 117.1,
MSA 5.2071.
Sec. 1.2. Boundaries.
The city shall embrace the territory constituting the City of Albion on the effective
date of this charter, together with such annexations thereto and less any detachments
therefrom that may be made from time to time. Upon annexation or detachment of territory,
the boundaries shall be deemed thereby to be changed without amendment of this section.
The clerk shall maintain and keep available in his office for public inspection an
official description of the current boundaries of the city.
Sec. 1.3. Wards.
The city shall comprise one ward which shall be divided into six (6) council districts
for the election of members of the council, as set forth in Section 14.6 of this charter.
State law reference(s)--Mandatory that charter provide for
establishment of one or more wards, MCL 117.3(e), MSA 5.2073, (e).
CHAPTER 2. DEFINITIONS AND GENERAL PROVISIONS
Sec. 2.1. Records to be public.
All records of the city shall be public, unless otherwise provided by law; shall be
kept in city offices, except when required for official reasons or for purposes of
safekeeping to be elsewhere; and shall be available for inspection at all reasonable
times.
State law reference(s)--Mandatory that records be public, MCL
117.3(l), MSA 5.2073, (l); public inspection, etc., of minutes of meetings, MCL 15.269,
MSA 4.1800(19).
Sec. 2.2. Public records as evidence.
All papers, books, or other records, of any matter required by law, or by the
provisions of any ordinance or regulation, to be kept in any of the city departments shall
be deemed public records, and they, or copies duly certified by the custodian thereof,
shall be prima facie evidence of their contents in all suits at law or in equity or in
other proceedings.
Sec. 2.3. Definitions and interpretations.
Except as otherwise specifically provided or indicated by the context of this charter:
(1) The word "city" shall mean the City of Albion;
(2) The word "council" shall mean the City Council of the City of Albion;
(3) The word "law" shall denote applicable federal law, the constitution and
statutes of Michigan, the applicable common law, and this charter;
(4) The word "officer" shall include, but shall not be limited to, the mayor,
the members of the council, the municipal judge, or judges, and as hereinafter provided,
the administrative officers, deputy administrative officers, and members of city boards
created by or pursuant to this charter;
(5) The word "person" may extend and be applied to bodies politic and
corporate and to partnerships and associations, as well as to individuals;
(6) The words "printed" or "printing" shall include typewriting,
printing, engraving, stencil duplicating, lithographing, Photostatting, or any similar
method of reproducing written language;
(7) The word "publish" or "published" shall include publication in
the manner provided by law, or, where there is no applicable law, in one or more
newspapers of the city qualified by law for the publication of legal notices, or, where
such methods are not available, by posting in at least five (5) public places in the city;
(8) Except in reference to signatures, the words "written" and "in
writing" shall include hand written script, printing, typewriting, and teletype and
telegraphic communications;
(9) All words 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 to which the charter provision is applied;
(10) The singular shall include the plural, the plural shall include the singular, and
the masculine gender shall extend to and include the feminine gender and the neuter.
Sec. 2.4. Official performance.
Whenever this charter requires the performance of an act by an officer, the act may be
performed by a deputy or by a subordinate, under the officer's direction, unless otherwise
provided by law.
Sec. 2.5. Penalties for violations of charter.
Any person found guilty of an act constituting a violation of this charter may be
punished by a fine which, in addition to court costs charged to him, shall not exceed five
hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or by both
such fine and imprisonment, in the discretion of the court. This section shall not operate
to limit or prejudice the power to remove officers or discharge employees as provided in
this charter.
State law reference(s)--Limitations on penalties, MCL 117.4i(10), MSA
5.2082, (10).
Sec. 2.6. Chapter and section headings.
The chapter and section headings used in this charter are for convenience only, and
shall not be considered as part of the charter.
Sec. 2.7. Amendments.
This charter may be amended at any time in the manner provided by law. Should two (2)
or more amendments adopted at the same election have conflicting provisions, the amendment
receiving the largest affirmative vote shall prevail as to those provisions.
State law reference(s)--Charter amendment procedures, MCL
117.21--117.26, MSA 5.2100--5.2105.
Sec. 2.8. Severability of charter provisions.
If any provision, section, or clause of this charter, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect any remaining
portion or application of the charter, which can be given effect without the invalid
portion or application, and, to this end, this charter is declared to be severable.
CHAPTER 3. MUNICIPAL POWERS AND LIABILITIES
Sec. 3.1. General powers.
(a) Unless otherwise provided or limited in this charter, the city shall possess and be
vested with all the powers, privileges. and immunities, expressed or implied, which cities
are permitted by law to exercise or to include in their charters. The enumeration of
particular powers, privileges, or immunities in this section or elsewhere in this charter
shall not be held to be exclusive.
(b) The city shall have power to manage and control its finances, rights, interests,
buildings, and property, to enter into contracts, to do any act to advance the interests,
good government, and prosperity of the city and its inhabitants, and to protect the public
peace, morals, health, safety, and general welfare. In the exercise of such powers, the
city may enact ordinances, rules, and regulations, and take such other action as may be
required, not inconsistent with law. The power of the city shall include, but shall not be
limited to, the following:
(1) To declare as a hazard or nuisance any act or condition, upon public or private
property or both, which is or may be dangerous to the health, safety, morals, or welfare
of the inhabitants of the city, including, but not limited to, the accumulation of rubbish
and the growing of noxious weeds; to provide for the abatement thereof; and to provide
that the costs of such abatement shall be charged as a special assessment against the real
property on which the hazard or nuisance is located.
(2) To provide for the public welfare by:
(a) Regulating trades, occupations, and amusements within the city, and prohibiting
trades, occupations and amusements which are detrimental to the safety, health, morals, or
welfare of its inhabitants;
(b) Regulating the preparation, storage, transportation, and sale of foods, drugs, and
beverages for human consumption;
(c) Collecting and disposing of garbage and rubbish;
(d) Licensing and regulating the number of vehicles, which carry persons or property
for hire, fixing the rates of fare and charges, and determining the location of stands for
such vehicles;
(e) Licensing and regulating billboards and advertising signs and the locations
thereof;
(f) Regulating the construction, erection, alteration, equipment, repair, moving,
removal, and demolition of buildings and structures and their appurtenances and service
equipment;
(g) Establishing zones within the city and regulating therein the use and occupancy of
lands or structures; the height, area, size, and location of buildings; the required open
spaces for light and ventilation of buildings; and the density of population;
(h) Regulating, limiting, and prohibiting the construction and use of buildings and
lands in order to promote the public safety and to prevent fires;
(i) Regulating and controlling the use of streams, waters, and watercourses within the
city.
(3) To establish and reasonably control streets, alleys, bridges, and public places,
and the space above and beneath them, and the use thereof by:
(a) Creating and vacating the same and acquiring and disposing of land, or any interest
in land, required therefor;
(b) Providing a plan of streets and alleys within the city and for a distance of not
more than three (3) miles beyond its limits;
(c) Requiring the owners of real property to build and maintain public sidewalks in the
area of streets immediately adjacent to such property, and, upon the failure of any owner
to do so, constructing and maintaining such sidewalks and assessing the cost thereof
against such property as a special assessment;
(d) Compelling all persons to care for the untraveled portions of streets lying between
the curbs and sidewalks, which abut upon premises owned, controlled, or occupied by them,
and to keep the same free from weeds and from objects which are offensive or hazardous to
public health and safety, and, upon the failure to do so, to cut and remove such weeds and
remove such objects and assess the cost thereof against such property as a special
assessment;
(e) Compelling all persons to keep sidewalks which are in the area of streets
immediately adjacent to the premises owned, controlled, or occupied by them, free from
snow, ice, dirt, wood, weeds, shrubbery, or any other object which obstructs such
sidewalks, or which makes the same offensive or hazardous to the public health or safety,
and upon failure to do so, to cut and remove such weeds and removal [remove] such objects
and to assess the cost thereof against such property as a special assessment;
(f) Providing for the grade of streets and requiring public utility users of the
streets to conform thereto with respect to their tracks or facilities located on, above,
or under the streets; requiring railroads to keep their tracks and the street surface
between, and for a distance of one and one-half (1 1/2) feet on each side of them, in
reasonable repair at all times;
(g) Regulating the speed of vehicles, trains, and locomotives upon or across the
streets within the provisions and limitations of law, and the stopping and parking of the
same upon the streets and at street crossings;
(h) Providing for and regulating the lighting of streets, alleys, and public places;
(i) Preventing and abating the encumbering of streets and alleys or any part thereof;
(j) Regulating the location of buildings and structures and of trees and shrubbery at
or near street corners and street intersections with alleys so as to provide for the
public safety and welfare in the use of streets and alleys;
(k) Providing for and regulating the numbering of buildings upon property abutting the
streets and alleys and compelling the owners and occupants thereof to affix numbers
thereto;
(l) Providing for the use, by others than the owners, of property located on, above, or
under the streets, alleys, and public places in the operation of a utility upon the
payment of a reasonable compensation therefor to the owner thereof;
(m) Providing for the planting, removal, and general care and protection of trees and
shrubbery within the streets and public places of the city and preventing the cutting of
limbs and branches for the placing and maintenance of utility wires without the consent of
the council.
(4) To undertake any public work or make any public improvement or any repair or
replacement thereof, either directly or by contract with private persons; and to
participate in any public work or public improvement under any lawful plan by which the
whole or part of the financial support of such work or public improvement is provided by
one or more other governmental units or agencies;
State law reference(s)--Mandatory that charter contain provisions for
the public peace and health and for the safety of persons and property, MCL 117.3(j), MSA
5.2073, (j); permissible that charter contain provisions for regulation and/or prohibition
of trades, occupations and businesses, MCL 117.4i(4), MSA 5.2082, (4); permissible that
charter contain provisions for use, control and regulation of streams, waters and
watercourses, MCL 117.4h(4), MSA 5.2081, (4); permissible that charter provide for use,
regulation, etc., of streets, alleys, etc., MCL 117.4h(1), (3), MSA 5.2081, (1), (3);
permissible that charter provide for assessment of costs of public improvements, MCL
117.4d, MSA 5.2077.
(5) To construct, provide, maintain, extend, operate, and improve:
(a) Within the city: a city hall; city office buildings; community buildings; police
stations; fire stations; civic auditoriums; public libraries; and polling places; and,
(b) Either within or without the corporate limits of the city or of Calhoun County:
public parks: recreation grounds and stadiums; municipal camps; public grounds; zoological
gardens; museums; airports and landing fields; facilities for the landing of helicopters:
cemeteries; public wharves and landings upon navigable waters; levees and embankments for
flood control and other purposes related to the public health, safety, and welfare;
electric light and power plants and systems; water works and systems; sewage disposal
plants and systems; storm sewers; garbage disposal facilities; refuse and rubbish disposal
facilities; market houses and market places; facilities for the storage and parking of
vehicles; hospitals; facilities for the docking of pleasure crafts and hydroplanes; and
any other structure or facility which is devoted to or intended for public purposes within
the scope of the powers of the city.
State law reference(s)--Power to acquire parks, etc., Mich. Const.
1963. art. VII, § 23; permissible that charter provide for acquisition of property by
gift, purchase, etc., MCL 117.4e, MSA 5.2078; permissible that charter provide for
purchase (or condemnation), operation, etc., of transportation facilities, water systems,
sewer systems, etc., MCL 117.4f, MSA 5.2079; permissible that charter provide for
acquisition, operation, etc., of watercraft, etc., docking facilities, MCL 117.4h(7), MSA
5.2081, (7).
(6) To acquire by purchase, gift, condemnation, construction, lease, or otherwise, real
and personal property and interests in property, either within or without the corporate
limits of the city or of Calhoun County, for any public use or purpose within the scope of
its powers, including, but not by way of limitation, the uses and purposes set forth in
this section;
State law reference(s)--Permissible that charter provide for
acquisition of property by gift, condemnation, etc., MCL 117.4e(2), MSA 5.2078, (2).
(7) To join with any other municipal corporation or with any other unit or agency of
government, or with any number or combination thereof, by contract, or otherwise, as may
be permitted by law, in the ownership, operation, or performance, jointly, or by one or
more on behalf of all, of any property, facility, or service which each would have the
power to own, operate, or perform separately;
State law reference(s)--Joint acquisition and maintenance of public
buildings, MCL 123.921--123.925, MSA 5.2351--5.2355.
(8) To receive and hold any property, whether real, personal, or intangible, in trust
for city hospital, library, park, recreation, cemetery, or any other municipal purpose and
apply the same to the execution of such trust. All such trusts, whether established before
or after the effective date of this charter, shall be used and continued in accordance
with the terms thereof, subject only to the cy pres doctrine.
State law reference(s)--Authority to accept gifts of property by trust
or otherwise, MCL 123.871, MSA 5.3421.
State law reference(s)--Mandatory that charter contain provisions for
public peace and health and for the safety of persons and property, MCL 117.3(j), MSA
5.2073, (j); permissible that charter provide for exercise of police power, MCL 117.4j(3),
MSA 5.2083, (3).
CHAPTER 4. OFFICERS
Sec. 4.1. City officers.
(a) The elective officers of the city are the mayor, the six (6) councilmen, and the
municipal judge or judges.
(b) The appointive officers of the city are the city manager, the assessor, the finance
director, the clerk, the city attorney, the police chief, the fire chief, the health
officer, and members of city boards.
(Res. No. 98-25, 5-18-98; Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for certain
elective offices, MCL 117.3(a), MSA 5.2073, (a).
Sec. 4.2. Eligibility for elective city office.
(a) To be eligible for election to a city office, a person shall be an elector of the
city and shall have been a resident of the city or of territory annexed to the city, or
shall have had a combination of residence in the city and in the annexed territory for a
period of not less than two (2) years preceding the date of his election.
(b) A person appointed to fill a vacancy in an elective office must have such
qualifications at the time of his appointment.
(c) The council shall be the judge of the election and of the qualifications of its
members.
(d) A paid city employee must terminate employment with the city before beginning
service as an elected official.
(As amended 11-2-76)
Editor's note--A two-year residency requirement similar to that in
subsection (a) above was declared unconstitutional in Green v. McKeon, 468 F.2d
883. See also Stapleton v. City of Inkster (1970), 311 F. Supp. 1187 (1970); Schweitzer
v. City of Plymouth, 381 Mich. 485 (1971); Bolanowski v. Raich, F. Supp.
(1971); Green v. City of Plymouth, 367 F. Supp. 90 (1971).
State law reference(s)--Mandatory that charter provide for
qualifications of officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 4.3. Persons ineligible for city office or employment.
(a) A person who is in default to the city shall not be eligible to hold any city
office.
(b) A person who holds or has held an elective city office shall not be eligible for
appointment to an office or for employment for which compensation is paid by the city
until one year has elapsed following the term for which he was elected or appointed.
State law reference(s)--Mandatory that charter provide for
qualifications of officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 4.4. Notice of election or appointment.
The city clerk shall mail to each person who is elected or appointed to a city office,
a certificate of election or appointment within five (5) days from the time of election or
appointment.
State law reference(s)--Mandatory that charter provide for election
procedures, MCL 117.3(c), MSA 5.2073, (c).
Sec. 4.5. Compensation of officers.
The compensation of all officers, shall be established by the council, except as
otherwise provided by law.
Editor's note--The above provision is superceded insofar as it applies
to elected officials by the local officers compensation commission provided for in the
city code pursuant to MCL 117.5c, MSA 5.2084(3).
State law reference(s)--Mandatory that charter provide for
compensation of officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 4.6. Oath of office.
Every officer of the city before entering upon his duties shall take the oath or
affirmation required by the Constitution of the State of Michigan. The council may require
designated employees to take such oath before entering upon their employment. Oaths of
office shall be filed with the clerk.
State law reference(s)--Required oath, Mich. Const. 1963, Art. XI, §
1.
Sec. 4.7. Surety bonds.
In order to protect the city and the public, the council may require appropriate surety
bonds of officers and employees. No bond shall be renewed upon its expiration. The premium
of such bond shall be paid by the city. No bond shall be for a term of more than three (3)
years, except bonds provided for or covering the municipal judge or judges.
Sec. 4.8. Giving of surety by officers and employees forbidden.
No officer shall give or furnish any bail, bond, or recognizance, nor shall he be the
agent of any bondsman or insurer in connection with any bond or insurance which may be
required by law or by the council in connection with any business or requirement of the
city.
Sec. 4.9. Vacancies.
(a) A city office shall become vacant upon the occurrence of any of the following:
(1) the expiration of the term of office;
(2) the death of the incumbent;
(3) a resignation when approved by the council or appointing officer;
(4) a removal from office in any manner provided by law;
(5) ceasing to possess at any time the qualifications or eligibility for office
required by this charter for election or appointment to office by any person elected or
appointed thereto;
(6) being in default to the city more than thirty (30) days after receiving written
notice of default from the city clerk, unless the officer is, in good faith, actually
testing the existence or legality of such default by an appropriate action at law or in
equity;
(7) final conviction of a felony involving moral turpitude, or an offense involving a
violation of an oath of office;
(8) a judicial determination that the incumbent is of unsound mind;
(9) a decision of a competent tribunal declaring the election or appointment of the
incumbent void;
(10) failure to take the oath or make the affirmation, or file the bond required for
the office within ten (10) days from the date of election or appointment or the date set
for the commencement of the term of office, whichever date is the later, or within such
other time, not exceeding thirty (30) days thereafter, as the council may fix;
(11) in the case of council and the mayor, absence from four (4) consecutive regular
meetings of the council, as the case may he, unless such absences, with reasons therefor
stated at the time and appearing in the journal of the meeting from which the member was
absent, be excused, or twenty-five (25) percent of such meetings in any calendar year,
unless such absences are so excused;
(12) absence from the city or failure to perform the duties of such office for sixty
(60) consecutive days, unless such absence from the city or failure to perform the duties
of office shall be excused by the council prior to the expiration of such sixty-day
period;
(13) any other event which, by law, creates a vacancy.
(b) The council may provide by ordinance for creating vacancies in elective offices
because of failure to perform the duties of office. Such provisions shall be
self-executing.
Sec. 4.10. Resignations.
Resignations of officers shall be made in writing and filed with the city clerk, who
shall immediately notify the proper officials concerned.
Sec. 4.11. Recall.
An elective officer may be recalled and the vacancy thereby created filled in the
manner prescribed by law.
State law reference(s)--Recall, Mich. Const. 1963, Art. II, § 8;
charter may provide for recall, MCL 117.4i(6), MSA 5.2082, (6); recall generally, MCL
168.951 et seq., MSA 6.1951 et seq.
Sec. 4.12. Filling vacancies.
(a) If a vacancy occurs in an elective office, except in the case of recall, the
council shall fill the vacancy by appointment within sixty (60) days thereafter. Each
appointment to fill a vacancy in the office of councilman shall be for a term ending on
the first Monday in December following the next regular city election. Each appointment to
fill a vacancy in the office of municipal judge shall be for a term ending on the first
day of January following the next regular city election.
(b) If a vacancy occurs in an appointive office, such vacancy shall be filled within
sixty (60) days thereafter in the manner provided for making the original appointment.
Such time may be extended for not more than an additional sixty (60) days by council
resolution setting forth the reasons therefor. If such vacancy be in an office for a
definite term, it shall be filled for the balance of the term.
Sec. 4.13. Delivery of office to successor.
Whenever an officer or employee leaves an office or employment for any reason, he shall
deliver forthwith to his successor in the office or to the mayor, all property of the
city, such as books, working papers, moneys, and effects, which are in his custody,
possession, or control.
CHAPTER 5. THE CITY COUNCIL
Sec. 5.1. The city council.
The council shall consist of the mayor and the six (6) councilmen. The mayor shall be
elected from the city at-large. One councilman shall be elected from each of the six (6)
council districts of the city. The council shall exercise all of the legislative and
policy-making powers of the city and shall provide for the performance of all duties and
obligations imposed upon the city by law. The compensation of each councilman shall be
three hundred dollars ($300.00) per year.
State law reference(s)--Mandatory that charter provide for election of
mayor and legislative body, MCL 117.3(a), MSA 5.2073, (a).
Sec. 5.2. Terms of office.
The terms of three (3) councilmen and of the mayor shall expire on the first Monday in
December following each regular city election. When appointments are made to fill
vacancies in the manner provided by Section 4.12(a) of this charter, appointees shall
qualify for and assume the duties of office within fifteen (15) days after appointment,
unless such time be extended for not more than sixty (60) days by the council.
Sec. 5.3. Organization of the council.
The council shall meet and organize on the first Monday in December following each
regular city election. At such meeting, or within one week thereafter, the council shall
elect from its membership a mayor pro tempore and do such other acts as may be required
for its organization and the conduct of its business. The council shall provide by
ordinance for the interim order of the succession of its members to the office of mayor
pro tempore and for the prompt and temporary reconstitution of the council in the event
that its membership is reduced to less than a quorum.
Sec. 5.4. The mayor.
(a) The mayor shall be recognized as the ceremonial head and chief executive officer of
the city and shall perform all duties provided or required of him by law or by the
council.
(b) He shall be the presiding officer of the council.
(c) He shall be a member of the council with all the powers and duties of that office,
including the right and duty to vote on questions before the council.
(d) He shall advise the council concerning the public affairs of the city and make
recommendations thereon.
(e) In emergencies, he shall have the powers conferred by law upon peace officers and
shall exercise such powers to prevent disorder, to preserve the public peace and health,
and to provide for the safety of persons and property.
(f) The mayor shall make all appointments, subject to prior approval of the council,
unless any such appointment is required by law or by ordinance to be made by another
officer or agency of the city.
(g) He shall not possess the veto power.
(h) The compensation of the mayor shall be six hundred dollars ($600.00) per year.
State law reference(s)--Mayor to be chief executive officer, MCL
117.3(a), MSA 5.2073, (a).
Sec. 5.5. The mayor pro tempore.
The mayor pro tempore shall succeed to the office of mayor when a vacancy occurs in
that office. He shall have and exercise the powers and duties of the mayor when the mayor
is absent or unable to perform the duties of his office. When it shall appear to the
council that the mayor is unable to perform the duties of his office, the council shall,
by resolution, determine whether the mayor pro tempore shall act in the place of the
mayor. If the mayor pro tempore shall decline to assume the office of the mayor in the
event of a vacancy in the office, the council shall appoint another member of the council
to fill such vacancy. If no councilman shall accept such appointment, the council shall
appoint an elector of the city who has the qualifications required of elective officers by
this charter to fill such vacancy.
Sec. 5.6. Meetings of the council.
(a) The council shall meet in the established council chambers, or in such other place
as may be established by resolution, and shall hold at least two (2) regular meetings in
each month.
(b) Special meetings of the council shall be held at the regular meeting place of the
council or at an alternate meeting place when notice of such alternate meeting place is
posted at the main entrance to the city hall during such meeting. Special meetings shall
be called by the clerk on the written request of the mayor, or of any two (2) members of
the council.
(c) At least six (6) hours written notice shall be given designating the time and
purpose of a special meeting. Such notice shall be given personally by the clerk to each
member of the council or written notice may be left at his usual place of residence or
business by the clerk or by someone designated by him. A copy of such notice shall also be
delivered at the place of business of each newspaper printed and published in the city,
but this requirement shall not be jurisdictional to the holding of any such meeting.
(d) In an emergency, any special meeting shall be a legal meeting if all members are
present or, if there be a quorum present and all absent members have waived in writing the
required notice thereof. Waivers may be made either before or after the time of the
meeting.
(e) An affidavit of the giving or service of any notice required by this section shall
be made a part of the journal of a special meeting. All waivers of notice shall be
attached to and made part of the journal of the meeting.
(f) No business shall be transacted at any special meeting of the council except that
stated or given in the notice of the meeting.
(g) All regular and special meetings of the council shall be public meetings and the
public shall have a reasonable opportunity to be heard.
(h) Four (4) members of the council shall be a quorum for the transaction of business.
In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later
date.
(i) The council shall determine its own rules and order of business and shall keep a
journal in the English language of all its proceedings. The journal of each meeting of the
council shall be signed by the clerk. The vote upon all matters considered by the council
shall be taken by "Yes" or "No" votes which, upon the request of any
member of the council, shall be entered upon the record.
(j) The council may compel attendance at its meetings of its members and any officers
or employees of the city. It may punish for nonattendance in such manner as it may
prescribe by its rules.
(k) No member of the council may vote on any question upon which he has a substantial
direct or indirect financial interest, otherwise, each member of the council shall vote on
each question before the council for determination, unless excused therefrom by the
affirmative vote of all remaining members able to vote on the question. If a question is
raised under this section at any council meeting, such question shall be voted on before
the question to which it applies is voted upon, but the council members affected may not
vote on such determination.
(l) The vote of at least four (4) members shall be required for official action by the
council, unless a larger majority is required by law.
(m) The clerk shall prepare an agenda of the business to be considered at each regular
council meeting. No business shall be considered by the council, unless placed upon the
agenda for the meeting not later than 12:00 noon, on the day of the meeting, except upon
the approval of five (5) or more members of the council.
State law reference(s)--Mandatory that charter provide for public
meetings, MCL 117.3(l). MSA 5.2073, (l); open meetings act, MCL 15.261 et seq., MSA
4.1800(11) et seq.; mandatory that charter provide for keeping of journal of council
sessions, MCL 117.3(m), MSA 5.2073, (m); minutes of meetings required, MCL 15.269, MSA
4.1800(19).
Sec. 5.7. Powers of the council to appoint citizen advisory boards.
(a) The council may in its discretion by ordinance create or abolish citizen advisory
boards and may grant to them the power to conduct hearings and to make recommendations for
the guidance of the council. All such recommendations shall be filed in the office of the
clerk as public records.
(b) Unless the council shall otherwise determine by a majority vote, all questions
presented to the council concerning any subject which has been delegated to a citizen
advisory board shall be submitted first to the board for consideration.
(c) Advisory boards established by the council shall not be authorized to employ or
direct the employment or removal of any administrative officer or employee of the city.
Sec. 5.8. Restrictions on powers of the council.
(a) The council members shall not individually direct the appointment or removal of any
administrative officer or employee of the city and shall deal with the administrative
service of the city only through the city manager, as to officers and employees made
responsible to him.
(b) There shall be no standing committees of the council.
(Res. No. 98-49, 8-17-98)
CHAPTER 6. CITY LEGISLATION
Sec. 6.1. Legislative power.
The legislative power of the city is vested exclusively in the council, except as
otherwise provided by law.
State law reference(s)--Mandatory that charter provide for elected
legislative body, MCL 117.3(a), MSA 5.2073, (a).
Sec. 6.2. Prior legislation preserved.
All ordinances, resolutions, rules, and regulations of the council and of each
administrative agency of the city, to the extent that they are consistent with the
provisions of this charter, which are in force on the effective date of this charter,
shall continue in full force, until repealed or amended. In the event that this charter
shall require the adoption of an ordinance for any purpose and an ordinance exists on the
effective date of this charter which accomplishes that purpose, no new ordinance need be
adopted and the existing ordinance shall continue subject to this charter.
State law reference(s)--Mandatory that charter provide for
continuation of city ordinances, MCL 117.3(k), MSA 5.2073, (k).
Sec. 6.3. Introduction, consideration and style of ordinances.
(a) Each proposed ordinance shall be introduced in written form. The style of all
ordinances passed by the council shall be, "The City of Albion Ordains:"
(b) No ordinance shall be passed at the same meeting at which it is introduced, unless
it is declared to be an emergency ordinance by a vote of not less than five (5) members of
the council.
(c) An ordinance may be repealed or amended only by an ordinance passed in the manner
provided in this section.
(d) An ordinance may be repealed by reference to its number or title only.
(e) If a section of an ordinance is amended, such section shall be re-enacted and
published at length. This requirement shall not apply to zoning ordinance amendments or to
the schedules of one-way streets and of parking limitations contained in any traffic
ordinance.
(f) Each ordinance, after adoption, shall be identified by a number.
(g) Each ordinance shall be recorded by the clerk forthwith in the ordinance book, and
the enactment of such ordinance shall be certified by him therein by his signature.
State law reference(s)--Mandatory that charter provide for ordinance
adoption procedures, MCL 117.3(k), MSA 5.2073, (k).
Sec. 6.4. Publication of ordinances.
(a) Before an ordinance may become effective, it shall be published in one or more
newspapers of general circulation in the city. Such publication may be as a part of the
proceedings of the meeting at which it was adopted. The effective date of an ordinance
shall be stated therein, but shall not be less than twenty (20) days from the date of its
adoption, unless it is declared to be an emergency ordinance as provided in subsection (b)
of Section 6.3 hereof.
(b) In the event of the codification or compilation of the ordinances, the deposit of
two hundred (200) printed copies in the office of the clerk, available for public
inspection and sale at cost, shall constitute publication thereof.
State law reference(s)--Mandatory that charter provide for publication
of ordinances, MCL 117.3(k), MSA 5.2073, (k); ordinance codification, MCL 117.5b, MSA
5.2084(2).
Sec. 6.5. Penalties.
The council shall provide in ordinances adopted by it for the punishment of violations
thereof. Such punishment may be by a fine of not to exceed five hundred dollars ($500.00)
or imprisonment for not more than ninety (90) days, or both, in the discretion of the
court. Imprisonment for violations of ordinances may be in the city or county jail, or in
any workhouse of the state which is authorized by law to receive prisoners of the city.
State law reference(s)--Permissible that charter provide for penalty,
and limitations on penalty, MCL 117.4i(10), MSA 5.2082, (10).
Sec. 6.6. Time limit for prosecution of ordinance violations.
No prosecution for the violation of an ordinance shall be commenced after the
expiration of two (2) years after the commission of the offense.
Sec. 6.7. Proceedings for prosecution of ordinance violations.
Except as may be inconsistent with or otherwise provided in Chapter 13 of this charter,
all proceedings relative to the arrest, custody, and trial of persons accused of the
violation of ordinances shall be governed by and conform as nearly as may be with the
provisions of law relating to proceedings in criminal cases cognizable by justices of the
peace.
Sec. 6.8. Initiative and referendum.
An ordinance may be initiated by petition, or a referendum on an ordinance enacted by
the council may be had by a petition, as hereinafter provided.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
Sec. 6.9. Initiatory or referendary petitions[--Generally].
An initiatory or a referendary petition shall be signed by not less than fifteen (15)
percent of the registered electors of the city on the date of the filing of such petition.
The clerk shall provide and make available to any registered elector of the city general
petition forms upon which any initiatory or referendary petition may be set forth by such
elector or others interested therein. Such petition may be the aggregate of two (2) or
more petition papers. Each signer of a petition shall sign his name, and shall, himself,
place thereon after his name the date of signing and his place of residence by street and
number. To each petition paper there shall be attached a sworn affidavit by the circulator
thereof, stating that each signature thereon is the genuine signature of the person whose
name it purports to be, and that it was signed in the presence of the affiant. Such
petition shall be filed with the clerk who shall, within ten (10) days, canvass the
signatures thereon to determine the genuineness and the sufficiency thereof. Any signature
obtained more than sixty (60) days before the filing of such petition with the clerk shall
not be counted. If found to contain an insufficient number of genuine signatures of
registered electors of the city, or to be improper as to form or compliance with the
provisions of this section, the clerk shall notify, forthwith, the person filing such
petition, and ten (10) days from such notification shall be allowed for the filing of
supplemental petition papers. When found sufficient and proper, the clerk shall present
the petition to the council at its next regular meeting.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
Sec. 6.10. Same--Council procedure.
Upon receiving an initiatory or referendary petition from the clerk, the council shall,
within sixty (60) days, either:
(a) If it be an initiatory petition, adopt the ordinance as submitted in the petition
or determine to submit the proposal to the electors; or
(b) If it be a referendary petition, repeal the ordinance to which the petition refers
or determine to submit the proposal to the electors.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
Sec. 6.11. Same--Submission to 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 purpose, or, in the discretion of the
council, at a special election. The result shall be determined by a majority vote of the
electors voting thereon, except in cases where otherwise required by law.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
Sec. 6.12. Same--Status of ordinances adopted.
An ordinance adopted by the electorate through initiatory proceedings may not be
amended or repealed by the council for a period of two (2) years after the date of the
election at which it was adopted. Should two (2) or more ordinances, adopted at the same
election, have conflicting provisions, the one receiving the largest affirmative vote
shall prevail as to those provisions.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
Sec. 6.13. Same--Ordinance suspended.
The certification by the clerk of the sufficiency of a referendary petition within
thirty (30) days after the passage of the ordinance to which such petition refers shall
automatically suspend the operation of the ordinance in question pending repeal by the
council or final determination by the electors.
State law reference(s)--Permissible charter provisions, MCL 117.4i(6),
MSA 5.2082, (6).
CHAPTER 7. CITY ADMINISTRATION
Sec. 7.1. Administrative departments of the city.
(a) The executive and administrative powers, authority, and duties, not otherwise
herein provided for, shall be divided into the following departments and such other
departments as the council may by ordinance establish:
(1) department of public affairs,
(2) department of accounts and finance,
(3) department of public properties,
(4) department of public safety,
(5) department of public works and sanitation,
(6) department of public highways,
(7) department of public health.
(b) The department of public affairs, shall be under the superintendence and
responsibility of the mayor, and shall include all matters pertaining to his executive
office, and such other duties as the council may, by ordinance or resolution, determine.
(c) The department of accounts and finance shall have responsibility for the clerk's
office and work, the treasurer's office and work, the director of finance's work and
office, the assessor's office and work; the collection of license fees, special
assessments, water rates, and any other rates or charges for public utilities, services,
and facilities of the city, and shall be responsible for financial settlements with the
clerk, municipal court, constables, and any other person receiving or holding city money.
(d) The department of public properties shall have responsibility for the supervision,
care, and use of all public buildings, parks, cemeteries, and other public grounds owned
or leased by the city, city controlled waters, watercourses, and flood control facilities,
other than highways and appurtenances thereof.
(e) The department of public safety shall have the responsibility for the police and
fire functions of the city and the inspection of electrical wiring, plumbing, elevators,
fire escapes, signs, and buildings.
(f) The department of public works and sanitation, shall have responsibility for all
construction work and maintenance of sewers, drains, water works, and sewage disposal
facilities.
(g) The department of public highways shall have responsibility for all construction
work relative to and the care of streets and alleys, sidewalks and crosswalks, curbs and
gutters, trees, bridges, street lighting, paving, grading, opening of streets, and street
closings.
(h) The department of public health shall have responsibility for the supervision of
the general health conditions of the city and for the inspection services of the city
relating to matters of public health.
(i) The council may prescribe additional powers and change or consolidate departments
whenever it deems it necessary for the efficient and economical conduct of the business of
the city.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Charter may provide for establishment of
departments, MCL 117.4j(3), MSA 5.2083, (3).
Sec. 7.2. City manager.
(a) Qualifications. To be eligible for appointment, the city manager must have previous
experience in city, public, business or industrial administration and also have a
bachelors degree and at least a masters degree in public administration or equivalent.
(b) The office of the city manager shall be the chief administrative office of the
city. The city manager shall be responsible for the supervision of the administrative
departments of the city. Additional responsibilities shall include the duty of appointing
administrative officers, other than the city attorney and members of the city boards.
(c) Except as otherwise provided by the Charter, the city manager shall have the
supervision of and the responsibility for all administrative departments of the city. The
city manager shall also have the responsibility to implement all matters in the city
personnel policy as it relates to city personnel.
(d) In general, the city manager shall have the additional functions and duties prescribed in this subsection. The city manager shall:
(1) Be responsible to the city council for the efficient administration of all administrative departments of the city government.
(2) Recommend to the city council for adoption such measures as the manager may deem necessary or expedient and attend city council meetings with the right to take part in discussion, but shall not have the right to vote.
(3) Exercise and perform all administrative functions of the city that are not imposed by law, the Charter or ordinance upon some other official.
(4) Enforce all ordinances except as otherwise provided.
(5) Appoint the emergency preparedness coordinator.
(6) Compile the annual budget proposal of the city and administer the annual budget.
(7) Perform such other duties as may be prescribed by ordinance or by direction of the city council.
(e) The powers and duties delegated to the city manager in this section shall not be performed by any other officer of the city.
(f) In the event of a vacancy in the office of city manager, the council shall appoint
some person other than an elective city officer to perform the duties of city manager
until a successor to the city manager has been appointed, has qualified, and has assumed
the duties of the office.
(Res. No. 98-49, 8-17-98)
CHAPTER 8. THE ADMINISTRATIVE OFFICERS AND SERVICE
Sec. 8.1. The administrative officers.
(a) The administrative officers of the city shall be the city manager, the assessor,
the finance director, the treasurer, the clerk, the city attorney, the chief of police,
the fire chief and members of the city boards. All administrative officers of the city,
except the city manager, the city attorney and members of city boards, shall be appointed
and directed by the city manager. The council may, by ordinance or resolution, upon the
recommendation of the city manager, create such additional administrative offices, or
combine any administrative officers, in any manner not inconsistent with law, and
prescribe the duties thereof as it may deem necessary for the proper operation of the city
government.
(b) In making appointments of administrative officers, the appointing authority shall
consider only the good of the public service and the fitness of the appointee for, and his
ability to discharge the duties of the office to which he is appointed.
(Res. No. 98-25, 5-18-98; Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for clerk,
assessor, etc., MCL 117.3(a), MSA 5.2073, (a).
Sec. 8.2. Administrative officers--Appointments, terms, and compensation.
(a) The city manager and the city attorney shall be appointed by and shall hold office
at the pleasure of the council, which body shall also set their compensation.
(b) Except for the city attorney and members of city boards, all administrative
officers of the city shall be appointed by the city manager. Members of city boards shall
be appointed by the mayor, subject to the confirmation of the council.
(c) The city manager may dismiss any officer of the city appointed by him.
(d) The Council may remove any elective officer or the member of any city board for the
reasons and in the manner provided for the removal of city officers by the Governor of
Michigan by sections 6, 7, 8, 9, and 10 of Chapter 15 of the Revised Statutes of Michigan
of 1846, as set forth in Sections 201.6 to 201.10 of the Compiled Laws of 1948, [MCL
201.6--201.10, MSA 6.696--6.700]. For such purpose, Section 6 shall be deemed to be in
full force and effect notwithstanding the repeal thereof by the Legislature. Further, for
such purpose, the Council shall do and perform the acts required by such provisions of law
of the Governor, the City Attorney the acts required of the Attorney General and
Prosecuting Attorney, the Municipal Court the acts required of the Circuit Court
Commissioner or Judge of Probate.
(e) All persons employed by the city who are not elective or administrative officers,
or members of a board created by this charter, or declared to be administrative officers
by or under authority of this section, shall be deemed to be employees of the city.
(f) The compensation of all administrative officers shall be in accordance with budget
appropriation therefor. Within budget appropriations, reasonable expenses may be allowed
to administrative officers when actually incurred and after they have been audited by the
director of finance and approved by the council.
(Res. No. 98-25, 5-18-98; Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for
compensation of officers, MCL 117.3(a), MSA 5.2073, (a).
Sec. 8.3. City clerk.
(a) The clerk shall be clerk of the council. He or his deputy shall attend all meetings
of the council and shall keep a permanent journal of its proceedings, in the English
language.
(b) He shall be custodian of the city seal, and 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, and records pertaining to the city, the custody of which is not
otherwise provided for by law. He shall give to the proper officials ample notice of the
expiration or termination of their terms of office or of any official bonds, franchises,
contracts, or agreements to which the city is a party.
(c) He shall keep a record of all ordinances, resolutions, and actions of the council
and shall keep the mayor informed with respect thereto. In the event that the office of
city manager be created by the council, the clerk shall keep such officer so informed
concerning such matters as are within the scope of his powers and authority as fixed by
the council.
(d) He shall have power to administer all oaths required by law and the ordinances of
the city.
(e) He shall certify all ordinances and resolutions enacted or passed by the council
and such certification shall be prima facie evidence of the due and proper action of the
council thereon.
(f) He shall perform such other duties as the council shall direct or which may be
required of him by law.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for duties of
officers, MCL 117.3(d), MSA 5.2073, (d); mandatory that charter provide for keeping of
council journal, MCL 117.3(m), MSA 5.2073, (m).
Sec. 8.4. City treasurer.
(a) The treasurer shall have the custody to all money of the city and all evidences of
value belonging to or held in trust by the city.
(b) He shall keep and deposit all money or funds in such manner and only in such places
as the council may determine or as may be required by law.
(c) He shall have such powers, duties, and prerogatives in regard to the collection and
custody of state, county, school district, and city taxes and moneys as are conferred by
law.
(d) He shall perform such other duties as may be prescribed by law or by the council.
State law reference(s)--Mandatory that charter provide for duties of
officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 8.5. Deputies of the clerk and treasurer.
The clerk and the treasurer, may appoint and remove their deputies, subject to the
budget allowances therefor and the approval of the mayor relative to appointments, and may
remove such deputies at will. Each deputy shall possess all the powers and authorities of
his superior officer.
Sec. 8.6. Director of finance.
(a) The director of finance shall be the general accountant of the city, shall keep the
books of account of the receipts and expenditures of the city, and shall keep the council
and mayor and city manager informed as to the city's financial affairs. The director of
finance shall provide the accounting system of the city and each of its departments. The
accounting system shall conform to any uniform system that may be required by law.
(b) He shall maintain an inventory of city-owned property.
(c) He shall balance all the books of account of the city at the end of each calendar
month, and shall make a report thereon to the council and the city manager, if there be
one.
(d) The director of finance shall, at any time upon direction of the city manager,
examine and audit all books of account kept by any official or department of the city. The
director of finance shall examine and test-check all books of account of the treasurer at
least once each month.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for duties of
officers, MCL 117.3(d), MSA 5.2073, (d); mandatory that charter provide for a system of
accounts, MCL 117.3(n), MSA 5.2073, (n).
Sec. 8.7. City attorney.
(a) The attorney shall act as the legal advisor of and be responsible to the council in
all respects concerning the performance of the functions of its official duties. The city
attorney shall advise the clerk, treasurer, assessor, and the city manager concerning
their statutory and charter duties, when so requested, and shall file with the clerk a
copy of all written opinions.
(b) He shall prosecute ordinance violations and shall represent the city in cases
before courts and other tribunals.
(c) He shall prepare or review all ordinances, regulations, contracts, bonds, and such
other instruments as may be required by this charter or by the council, and shall promptly
give his opinion as to the legality thereof.
(d) He shall attend the meetings of the council.
(e) He shall be the attorney for the several boards of the city.
(f) He shall perform such other duties as may be prescribed for him by this charter or
the council.
(g) Upon the attorney's recommendation, or upon its own initiative, the council may
provide for an assistant to the city attorney and may retain special legal counsel to
handle any matter in which the city has an interest, or to assist the city attorney in
connection therewith.
(h) The normal compensation of the city attorney shall be set by the council. Such
compensation shall be in consideration of the performance of the duties set forth in
subsections (a) to (e) of this section and such as are set under subsection (f) as shall
be agreed upon between him and the council, except for appearances on behalf of the city
in courts other than the municipal court, and before state and other tribunals. The
council shall provide additional or special compensation for extraordinary or special
undertakings, provided such additional or special compensation is fixed or agreed upon
before the service for which it is paid has been rendered.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for duties of
officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 8.8. Assessor.
(a) The assessor shall possess all the powers vested in and shall be charged with all
the duties imposed upon assessing officers by law.
(b) He shall make and prepare all regular and special assessment rolls in the manner
prescribed by law.
(c) The assessor shall perform such other duties as may be prescribed by law or the
city manager.
State law reference(s)--Mandatory that charter provide for duties of
officers, MCL 117.3(d), MSA 5.2073, (d).
Sec. 8.9. Other administrative officers.
The duties of all administrative officers, not otherwise provided herein, shall be
those established by law and by ordinance and resolution of the council.
Sec. 8.10. Police department.
(a) The police department shall be under the direction of the chief of police, who
shall be appointed by the councilman assigned to the department of public safety, subject
to the confirmation of the council, and shall be responsible to such councilman for the
performance of his duties.
(b) Police officers of the city shall have all the powers, immunities, and privileges
granted to peace officers by law for the making of arrests, the preservation of order, and
the safety of persons and property in the city. Any person arrested shall be taken before
the proper magistrate or court for examination or trial, without unnecessary delay. Police
officers shall make and sign complaints to or before the proper officers and magistrates
against any person known to be or, upon complaint or information, believed to be guilty of
any violation of this charter or ordinances of the city, or of the penal laws of the
state. For purposes of making arrests, violations of this charter and of city ordinances
shall be deemed to be misdemeanors.
State law reference(s)--Charter may provide for establishment of
departments, MCL 117.4j(3), MSA 5.2083, (3); arrest powers of police, MCL 117.34, 764.2a,
764.15, MSA 5.2114, 28.861(1), 28.874.
Sec. 8.11. Fire department.
(a) The fire department shall be under the direction of the fire chief, who shall be
appointed by and responsible to the councilman assigned to the department of public
safety, subject to the confirmation of the council, and shall be responsible to such
councilman for the performance of his duties.
(b) The fire department shall be responsible for the prevention and extinguishment of
fires and the protection of persons and property against damage and accident resulting
therefrom. The fire chief shall be responsible for the use, care, and management of the
city's fires and the protection of persons and property against damage and accident
resulting therefrom. The fire chief shall be responsible for the use, care, and management
of the city's fire fighting apparatus and property. He shall conduct supervisory and
educational programs to diminish the risk of fires within the city. He, or any of his
authorized subordinates, may command any person present at a fire to aid in the
extinguishment thereof and to assist in the protection of life or property. If any person
willfully disobeys any such lawful requirement, he shall be deemed guilty of a violation
of this Charter.
(c) The fire chief or any of his authorized subordinates may cause any building to be
pulled down or destroyed, when deemed necessary in order to arrest the progress of a fire.
In such case no action shall be maintained against the city or any person therefor. If any
person having an interest in such building shall apply to the council within three (3)
months after the fire for damages or compensation for such building, the council may pay
him such compensation as it may deem just. The council may ascertain the amount of such
damage or compensation by agreement with the owner of the property, or at the council's
discretion, by the appraisal of a jury selected in the same manner as in the case of
juries selected to appraise damages for the taking of property for public use. No
compensation shall be paid on account of any loss which would probably have occurred to a
building, if it had not been pulled down or destroyed under authority of this section or
to the extent that it is covered by fire or other applicable insurance.
Sec. 8.12. City hospital.
(a) The city's hospital and hospital facilities shall constitute a department of the
city government. The hospital shall be under the control and direction of an appointed
board, to be known as the Albion Hospital Board of Trustees. The board shall be composed
of nine (9) members. Three (3) members shall be councilmen who are appointed annually in
the month of January and six (6) members shall be citizens of the community, having the
qualifications required by this charter for holding elective city office, except that one
of such citizen members may be a nonresident of the city. The citizen members shall serve
for terms of three (3) years each, with the terms of two (2) members expiring on the first
day of January in each year. Vacancies on the board shall be filled in the same manner as
appointments for the full term are made and shall be for the balance of the term in which
the vacancy exists. The board shall organize at its first meeting in January of each year,
and shall elect one of its members president and such other officers as are provided in
its bylaws. The board shall hold at least one regular meeting in each month at a meeting
place designated by the board. Special meetings may be called at the request of the
president or of any two (2) members in the manner provided in this charter for calling
special meetings of the council, except that the board shall designate the person who
shall serve notice of such meetings. All business meetings of the board shall be open to
the public. If business action is taken by the board at any meeting, other than a public
meeting, such action shall be void. The board shall keep a journal of its business
meetings and its proceedings shall be filed with the clerk as a public record. Members of
the board shall receive no compensation for their services, but shall be allowed
reasonable expenses when actually incurred by them upon authority of the board.
(b) The hospital board of trustees shall make such rules and regulations and adopt such
bylaws as are necessary for the conduct of the city's hospital in a manner consistent with
the best practices for an accredited hospital. The board shall provide for liaison between
it and the hospital staff. Such rules, regulations, and bylaws, and amendments thereof and
additions thereto, shall become effective when filed with the clerk as a public record.
(c) The hospital board of trustees shall appoint the hospital administrator. The
hospital administrator shall serve at the pleasure of the board. As the administrative
agent of the board, the administrator shall have general superintendence of the city's
hospital facilities, and shall be responsible to the board for the economical operation
and maintenance thereof. He shall have control and direction of the employees of the
hospital department of the city, subject to the provisions of this charter.
(d) On or before the first day of December in each year, the hospital board of trustees
shall submit to the director of finance or person who makes the annual budget proposal, an
estimate of the anticipated expenditures and income of the board for the ensuing fiscal
year of the city, for inclusion in the budget proposal to be presented to the council.
(e) The council shall make an appropriation for such purpose of such amounts as will
assure the operation and maintenance of the hospital and its facilities in a manner
consistent with the needs of the community.
(f) In the conduct of the city's hospital and its facilities, the hospital board of
trustees shall be subject to approved hospital accounting procedures and controls.
State law reference(s)--Charter may provide for establishment of
departments, MCL 117.4j(3), MSA 5.2083, (3).
Sec. 8.13. Albion City Library.
(a) There shall be a library board consisting of five (5) persons having the
qualifications required of elective city officers, except that one of such citizen members
may be a nonresident of the city. The members of the library board shall be appointed by
the mayor subject to confirmation by the council. One member of the board may be a member
of the council. The terms of office of members of the library board shall be for five (5)
years, with the term of one member expiring annually on the first day of January. If one
member be a councilman, the requirement that the term of one member shall expire annually
shall be adjusted by the council so as to omit one such expiration in every five (5) year
period. Members of the library board shall not receive any compensation for their
services, on or in connection with the affairs of the board but shall be allowed
reasonable expenses when actually incurred by them upon authority of the board.
(b) The library board shall make such rules and regulations and adopt such bylaws as
are necessary for the proper operation of the Albion City Library and shall appoint the
city librarian. All such rules and bylaws shall be filed in the office of the clerk as a
public record.
(c) On or before the first day of December in each year, the library board shall submit
to the director of finance or person who makes the annual budget proposal an estimate in
detail of the anticipated expenditures of the board for the ensuing fiscal year of the
city for inclusion in the budget proposal to be presented to the council.
(d) The council shall provide in each annual budget of the city for the operation and
conduct of the Albion City Library, and shall appropriate for such purpose such amounts
which, in addition to revenues received from the State of Michigan and other sources, will
assure the conduct of the library in a manner consistent with the needs of the community.
(e) In the conduct of the Albion City Library, the library board shall be subject to
the same accounting procedures and controls in the administration of the affairs of the
library and the annual budget therefor as are other departments of the city.
(As amended 11-7-78)
Sec. 8.14. Planning department.
There shall be a planning commission. The voting members of the planning commission
shall be nine (9) in number and shall be comprised of the mayor, a member of the council
who shall be appointed by the council annually in the month of December, and an
administrative officer of the city to be appointed by the city manager, and six (6)
persons who possess the qualifications required by this charter for elective officers, and
by Act No. 285 of the Public Acts of Michigan of 1931 [MCL 125.31 et seq., MSA 5.2991 et
seq.], as amended, to be appointed by the mayor subject to the approval by the council:
Provided, that with the consent of the council, one of such persons may be a nonresident
of the city who has an interest in the planning of the general area of which the City of
Albion is a part. Each such person shall be appointed for a three (3) year term and shall
be subject to removal by the mayor after a public hearing for inefficiency, neglect of
duty, or malfeasance in office. The planning commission shall possess and shall exercise
all of the powers and functions granted to and required of planning commissions under the
provisions of Act No. 285 of the Public Acts of Michigan of 1931, and such amendments and
superseding acts as may be enacted.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Membership on planning commission, MCL 125.33,
MSA 5.2993; powers of planning commission, MCL 125.34 et seq., MSA 5.2994 et seq.
Sec. 8.15. Citizen committees.
The council may create citizen advisory committees for the purpose of studying and
investigating specific problems or needs of any department, function, or interest of the
city where there is no board created to make such studies or investigations. Each such
committee shall conduct its study in cooperation with appropriate city officials having
access to information needed by the committee and submit its findings and recommendations
to the council. Each such committee shall render its report to the council within two (2)
years after its creation, and shall then cease to exist unless the work of the committee
is extended thereafter by the council for a period not exceeding one year.
Sec. 8.16. Composition of city boards and committees.
The membership of committees authorized by this charter shall at no time be comprised
of a number of members of the council exceeding one-third of the membership of the entire
board or committee.
Sec. 8.17. Additional administrative powers and duties.
From time to time, upon the recommendation of the city manager, the council may, by
ordinance, prescribe additional powers and duties, not inconsistent with this charter, to
be exercised and administered by appropriate officers and departments of the city.
(Res. No. 98-49, 8-17-98)
Sec. 8.18. Civil service.
The council may provide, by ordinance, for a merit system or personnel management for
employees in the service of the city. Whether or not a merit system plan of personnel
management be adopted, the standards for employment and the salary and wage scales for
comparable city positions of employment and work in all city departments shall be as
uniform as possible.
State law reference(s)--Charter may provide for civil service, MCL
117.4i(7), MSA 5.2082, (7).
Sec. 8.19. Employee welfare benefits.
The council shall have power to make available to the administrative officers and
employees of the city, other than members of the several boards, any recognized standard
plan of group life, hospital, health, or accident insurance, either independently of, or
as a supplement to, any pension plan provided by the city for its employees.
State law reference(s)--Permissible that charter provide for system of
compensation of employees and their dependents in case of death, etc., MCL 117.4i(8), MSA
5.2082, (8).
Sec. 8.20. Pension plan.
The pension plan of the city which was in effect on the effective date of this charter
shall remain in full force and effect as it existed on such effective date, except as it
may be hereafter altered or changed as permitted by law.
CHAPTER 9. GENERAL FINANCE
Sec. 9.1. Fiscal year.
The fiscal and budget year of the city shall begin on the first day of January of each
year.
(As amended 11-2-76)
Sec. 9.2. Budget preparation and procedure.
During or before the sixth week preceding the first day of the fiscal year, the city
manager shall present to the council a budget proposal for the next fiscal year of the
city. Such budget proposal shall set forth the city manager's recommendation for and an
analysis of the anticipated income and expenditures of the city during the next fiscal
year, together with comparative figures showing the estimated corresponding amounts for
the current year and comparisons with the previous year. The proposed expenditures set
forth in the budget proposal shall not exceed the expected revenues of the city. The
proposed expenditures set forth in the budget proposal of the city's hospital shall be
separate and distinct from the general city budget proposal. Unencumbered funds remaining
at the end of the current fiscal year may be reallocated for purposes set forth in the
budget proposal.
(Res. No. 98-49, 8-17-98)
Sec. 9.3. Budget adoption procedure.
(a) The budget proposal of the city manager shall be reviewed by the council and shall
be available for public inspection in the office of the clerk.
(b) The council shall direct that a public hearing on the budget proposal be held not
less than one week before its final adoption. A notice of the public hearing shall be
published in a newspaper by the clerk at least one week prior to the date of hearing.
(c) At a regular meeting held prior to the end of the fiscal year, the council shall,
by resolution, adopt a budget for the following fiscal year and make an appropriation of
the money needed for the conduct of the city government during the fiscal year covered by
the budget.
(d) If the council does not adopt a budget prior to the commencement of the next fiscal
year, the budget proposal shall become an appropriation and the budget for the fiscal year
without further council action.
(e) A copy of the appropriations for each fiscal year certified by the clerk, shall be
furnished to the director of finance and the city manager within ten (10) days after the
date of the adoption of the budget resolution.
(Res. No. 98-49, 8-17-98)
State law reference(s)--Mandatory that charter provide for annual
appropriations, MCL 117.3(h), MSA 5.2073, (h).
Sec. 9.4. Budget control.
(a) The city manager may authorize unencumbered appropriation balances to be
transferred within a department at any time. At the request of the city manager or on its
own initiative, the council may transfer unencumbered balances from one office,
department, or agency of the city to another.
(b) The director of finance shall submit periodically to the council, information
comparing estimated and actual revenues and expenditures to the end of the preceding
month.
(Ord. No. 98-49, 8-17-98)
Sec. 9.5. Withdrawal of funds.
(a) All funds drawn from the treasury shall be drawn pursuant to the authority of the
council and in accordance with appropriations made. The hospital board and the library
board shall provide rules for the disbursement of hospital and library funds, which rules
shall be effective upon the approval thereof by the council.
(b) The council shall prescribe the method for the disbursement of city funds. Unless
otherwise provided by ordinance, all checks of the city shall be signed by the mayor and
the clerk.
(c) Expenditures shall not be charged directly to any contingent or general account.
Instead, expenditures shall be charged to accounts provided therefor and if there is a
deficiency in any account the necessary amount of the appropriation from such account
shall be transferred to the appropriate budget item or account, before the expenditure may
be made.
(d) Within thirty (30) days following the end of each fiscal year, the finance director
shall file with the council a schedule of all encumbrances upon the budget appropriations
existing at the end of the fiscal year, with his recommendations thereon, and the council
shall provide for the payment of such thereof as constitute valid claims against the city
from corresponding budget items from the then current fiscal year.
Sec. 9.6. Special accounts.
(a) The council may, by ordinance, establish and maintain accounts for accumulating
moneys to be used for acquiring, extending, constructing, or repairing public improvements
and for the purchase of equipment of any type, in each case either for a specific item or
items or for future unspecified public improvements or equipment, or both.
(b) Appropriations to such accounts may be made by the council either in the annual
appropriation resolution or, from time to time during the fiscal year, from available
funds, from whatever source derived, which are not required for other appropriations or
obligations of the city. Such accounts shall be continuing accounts and the balances
therein at the end of each fiscal year shall remain a part thereof.
(c) Moneys which are accumulated for the purpose of public improvements, as set forth
in subsection (a) hereof, shall be used only at the direction of the council and only for
the purpose provided in the original ordinance establishing such accounts, unless their
use for some other municipal purpose be authorized by a majority vote of the electors of
the city who vote on the proposition to amend such ordinance. After the purpose of any
such account has been fulfilled, any balance remaining therein may be transferred by the
council to any other special account or to the general fund of the city.
(d) Moneys which are accumulated for the purpose of purchasing equipment, as set forth
in subsection (a) hereof, shall be expended only for the purpose provided in the ordinance
establishing any such account, or as such ordinance may be amended from time to time, and,
when no longer required for such purpose, such moneys or any part thereof may be
transferred to the general fund by a resolution adopted by the affirmative vote of not
less than five (5) members of the council.
Sec. 9.7. Notice to city for claim for injuries.
The city shall not be liable in damages for injury to person or property by reason of
negligence of the city, its officer or employees, except such as may arise out of or in
the course of the performance of a proprietary function of the city, or by reason of any
defective highway, public work, public service improvement, or facility of the city, or by
reason of any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty
(60) days after such injury occurred, the person damaged or his representative causes a
written notice to be served upon an officer of the city upon whom process may be served by
law. Such notice shall state that such person intends to hold the city liable for such
damages, and shall set forth substantially the time and place of the injury, the manner in
which it occurred, the nature of the act or defect complained of, the extent of the injury
so far as known and the names and addresses of witnesses known to the claimant. Except in
cases arising out of or in the performance of a proprietary function of the city, no
person shall bring action against the city for damages to person or property arising out
of any of the reasons or circumstances aforesaid, unless brought within the period
prescribed by law, nor unless he has first presented to the clerk a claim in writing and
under oath, setting forth specifically the nature and extent of the injury and the amount
of damages claimed. The clerk shall present any such claim to the council for action.
Except in cases arising out of or in the performance of a proprietary function of the
city, it shall be a sufficient bar to any action upon any such claim that the notice of
injury and the claim in writing under oath, required by this section, were not filed
within the time and in the manner herein provided.
Editor's note--The above section is superceded by MCL 691.1401 et
seq., MSA 3.996(101) et seq.
Sec. 9.8. Depositories.
The council shall designate depositories for city funds in accordance with law, and
shall provide for the regular deposit of all city moneys.
State law reference(s)--Depositories, MCL 129.11 et seq., MSA 3.751 et
seq.
Sec. 9.9. Independent audit.
An independent audit shall be made of all accounts of the city government by certified
public accountants at the close of each fiscal year, and shall be completed on or before
the fifteenth of June following the close of the fiscal year. Special independent audits
may be made to the council by a certified public accountant designated by it. An analysis
or summary of the audit shall be made public by the council. A copy of each audit shall be
placed in the Albion Public Library.
CHAPTER 10. TAXATION*
----------
*State law reference(s)--Mandatory that charter provide for tax procedure, MCL 117.3(i), MSA 5.2073, (i).
----------
Sec. 10.1. Power to tax--Tax limit.
(a) The city shall have the power to assess taxes and to lay and collect rents, tolls,
and excises.
(b) The subjects of ad valorem taxation by the city for municipal purposes shall be the
same as for state, county, and school purposes under the general law.
(c) The levy of taxes for municipal purposes in any year shall not exceed one and
one-quarter (1/4) percent (12 1/2 mills) of the assessed value of all real and personal
property in the city, unless the proposition to approve an increase above the tax rate so
limited is first approved by a three-fifths vote of the electors of the city voting on the
proposition. No such increase shall be for a period of more than three (3) years. Nor
shall it or any combination of such increases cause the total tax rate in any one year for
municipal purposes to exceed two (2) percent (20 mills) of the assessed value of all real
and personal property in the city.
(d) Except as otherwise provided by this chapter, city taxes shall be assessed, levied,
and collected in the manner provided by law.
State law reference(s)--Mandatory that charter provide for annually
levying and collecting tax, MCL 117.3(g), MSA 5.2073, (g); general property tax act, MCL
211.1 et seq., MSA 7.1 et seq.; limits on taxation, Mich. Const. 1963, Art. VII, § 21;
MCL 117.5(a), 211.107a, MSA 5.2084, (a), 7.161(1).
Sec. 10.2. [Same--]Exemptions.
The power of taxation shall never be surrendered or suspended by any grant or contract
to which the city shall be a party. No exemptions from taxation shall be allowed, except
such as are expressly required or permitted by law.
State law reference(s)--Exempt property, MCL 211.7 et seq., MSA 7.7 et
seq.
Sec. 10.3. Tax day.
Subject to the exceptions provided or permitted by law, the taxable status of persons
and property shall be determined as of the thirty-first day of December, or such other
date as may subsequently be required by law, which shall be deemed the tax day. Values on
the assessment roll shall be determined according to the facts existing on the tax day for
the year for which such roll is made, and no change in the status or location of any such
property after that day shall be considered by the assessor or the board of review.
State law reference(s)--Taxable status to be as of December 31,
notwithstanding charter provisions, MCL 211.2, MSA 7.2.
Sec. 10.4. 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 situs of which was in the city on tax day,
intends to depart or has departed from the city; or to remove or has removed therefrom
personal property which is, or may be, liable for taxation; or to conceal or conceals
himself or his property; or does any other act tending to prejudice, or to render wholly
or partly ineffectual the proceedings to collect such tax, he shall proceed to collect the
same as a jeopardy assessment in the manner provided by law.
State law reference(s)--Jeopardy assessment of personal property
taxes, MCL 211.691 et seq., MSA 7.51(1) et seq.
Sec. 10.5. Preparation of the assessment roll.
(a) Prior to the date of the meeting of the board of review in each year, the assessor
shall prepare and certify an assessment roll of all property in the city. Such roll shall
be prepared in accordance with the requirements of law, and may be divided into volumes,
which the assessor shall identify by number, for purposes of convenience in handling the
assessment roll and for locating properties assessed therein. The attachment of any
certificate or warrant required by this chapter to any volume of the roll, either as an
assessment roll or as a tax roll, shall constitute the attachment thereof to the entire
roll, provided the several volumes are identified in such certificate or warrant. Values
of property set forth on the assessment roll shall be determined according to recognized
methods of systematic assessment.
(b) Not later than one week prior to his certification of the assessment roll, the
assessor shall (1) complete to the best of his ability a tentative assessment roll and
make it available for public inspection in his office for a period of at least one week,
and (2) give a notice of any change, as compared with the previous year, in the assessed
value of any property which exceeds one hundred dollars ($100.00), or of the addition of
any property to the roll. Such notice shall be sent by first class mail with postage
thereon fully prepaid and addressed to the owner of such property according to the records
of the assessor not less than one week prior to his completion of the tentative assessment
roll. Such notice shall advise the person to whom it is addressed that the change in
valuation or addition of property to the assessment roll may be discussed with the
assessor at his office prior to the meeting of the board of review. The failure of any
owner of property to receive any such notice shall not invalidate any assessment roll or
assessment thereon.
(c) The assessor shall, during such period of public inspection, hear and review
inquiries with regard to the assessment of property on the assessment roll and may
consider information received so by him in determining values on the assessment roll
certified by him to the board of review.
State law reference(s)--Assessment roll, MCL 211.24 et seq., MSA 7.24
et seq.
Sec. 10.6. Board of review.
(a) A board of review is hereby created, composed of four (4) taxpayers to the city,
who have the qualifications for holding elective city office as set forth in Section 4.2
of this charter, and the mayor. If the mayor is unable to serve, a member of the council
who shall be designated by the council, shall serve in his stead.
(b) The first taxpayer members shall be appointed during the month of January, 1961,
for terms expiring on January 1, 1962, 1963, 1964 and 1965. Thereafter, one member shall
be appointed in the month of January of each year, for a term of four (4) years,
commencing on appointment. Any taxpayer member of the board of review may be removed for
reasons of nonfeasance or misfeasance by the vote of five (5) members of the council.
(c) The board shall, annually, on the first day of its meeting, select one of its
members chairman for the ensuing year. The assessor shall be clerk of the board, and shall
be entitled to be heard at its sessions, but shall have no vote on any proposition or
question.
State law reference(s)--Board of review, MCL 211.28--211.33, 211.107,
MSA 7.28--7.33, 7.161.
Sec. 10.7. 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 law, conferred upon
and required of boards of review in townships, except as otherwise provided in this
charter.
State law reference(s)--Functions of board of review, MCL
211.29--211.30a, MSA 7.29--7.30(1).
Sec. 10.8. Meetings of board of review.
(a) Notice of the time and place of the annual meeting of the board of review shall be
published by the assessor not less than one week nor more than three (3) weeks prior
thereto.
(b) The board of review shall convene at 9:00 a.m. on the third Monday in March in each
year at a place designated by the council, or on such other date as may subsequently be
required by law for the meeting of boards of review in cities, and shall continue in
session from day to day for not less than four (4) days for the purpose of considering the
assessment roll of the city. The board shall be in session for a total of not less than a
total of twenty (20) hours during the first four (4) days of its meeting.
(c) The board shall hear the complaints of all persons considering themselves aggrieved
by assessments. 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.
(d) The board of review may examine on oath any person appearing before it respecting
the assessment of property on the assessment roll. Any member of the board may administer
the oath.
(e) The assessor shall make a permanent record of all proceedings of the board and
enter therein all resolutions and decisions of the board. Such record shall be filed with
the clerk on or before the first day of September following the meeting of the board of
review.
State law reference(s)--Meetings of board of review, MCL 211.29,
211.30, MSA 7.29, 7.30.
Sec. 10.9. Certification of roll.
(a) Except as otherwise provided by law, no person other than the board of review shall
at any time make any change upon, or addition or correction to the assessment roll.
(b) After the board of review has completed its review of the assessment roll, and not
later than the first Monday in April, or such other date as may subsequently be required
by law, the majority of its members shall sign a certificate to the effect that the same
is the assessment roll of the city for the year in which it has been prepared, as approved
by the board of review, which certificate, when attached to any volume of the roll shall
constitute a conclusive presumption of the validity of the entire roll, as provided in
section 10.5 of this chapter. In the event that the board of review shall fail or refuse
to so review the assessment roll of the city, such roll as prepared and presented to the
board of review by the assessor shall be the assessment roll for the year for which it was
prepared, and shall stand as though it had been certified by the board of review, except
as provided by law.
State law reference(s)--Completion of roll, MCL 211.30a, MSA 7.30(1).
Sec. 10.10. Validity of assessment roll.
Upon the completion of the assessment roll, and from and after midnight ending the last
day of the meeting of the board of review, or the first Monday in April, whichever date
first occurs, it shall be the assessment roll of the city for county, school, and city
taxes, and for other taxes on real and personal property that may be authorized by law. It
shall be presumed by all courts and tribunals to be valid, and shall not be set aside,
except for cause set forth by law.
State law reference(s)--Validity of assessment roll, MCL 211.31, MSA
7.31.
Sec. 10.11. Clerk to certify levy.
On or before the first day of May of each year, the clerk shall certify to the assessor
the total amount which the council determines shall be raised by general ad valorem
taxation, together with such other assessments and lawful charges and amount which the
council requires to be assessed, reassessed, or charged upon the city tax roll against
property or persons.
State law reference(s)--Deadline for certification of levy, MCL
211.216, MSA 7.76.
Sec. 10.12. City tax roll.
After the assessed value of the real and personal property in the city has been finally
established, the assessor shall prepare a tax roll, or a combined assessment and tax roll,
to be known as the "city tax roll." Upon receiving the certification of the
several amounts to be raised, assessed, and charged for city taxes, as provided in the
preceding section, the assessor shall proceed forthwith, (1) to spread the amounts of the
general ad valorem tax according to and in proportion to the several valuations set forth
in said assessment roll, and (2) to place such other assessments and charges upon the roll
as are required and authorized by the council.
Sec. 10.13. Taxes a debt and lien.
The taxes on real and personal property shall become a debt to the city from the owner
or person otherwise to be assessed, on the tax day provided by law. All taxes levied and
assessed against personal property and the amounts assessed on any interest in real
property shall become a lien upon such real property on the first Monday in June next
subsequent to the tax day, and shall so remain, until paid. Tax liens on personal property
shall be a first lien, prior, superior, and paramount on all the personal property of
persons assessed therefor and shall take precedence over all other claims, encumbrances,
and liens upon said personal property whatsoever, whether created by chattel mortgage,
title retaining contract, execution, or upon any other final process of a court,
attachment, replevin, judgment, or otherwise, and no transfer of personal property
assessed for taxes shall operate to divest or destroy such lien, except where such
property is actually sold in the regular course of retail trade.
State law reference(s)--Similar provisions, MCL 211.40, MSA 7.81.
Sec. 10.14. Tax roll certified for collection.
After spreading the taxes and placing other assessments and charges upon the roll, the
assessor shall certify the tax roll, and attach his warrant thereto directing and
requiring the treasurer to collect, prior to March first of the following year, from the
several persons named in the roll the several sums mentioned therein opposite their
respective names as a tax, charge, or assessment. Said warrant shall grant to and vest in
the treasurer, all the statutory powers and immunities possessed by township treasurers
for the collection of taxes. The tax roll shall be delivered to the treasurer on or before
the fifteenth day of June.
State law reference(s)--Tax collection, MCL 211.44 et seq., MSA 7.87
et seq.
Sec. 10.15. Tax payment date.
City taxes shall be due and payable on July first of each year.
Sec. 10.16. Taxes due--Notification thereof.
The treasurer shall not be required to make personal demand for the payment of taxes
but, upon receipt of the city tax roll, he shall, forthwith, mail a tax statement to each
person named in the tax roll, which mailed statement shall be a sufficient demand for the
payment of all taxes assessed. Neither the failure on the part of the treasurer to mail
such statement, nor the failure of any person to receive the same, shall invalidate the
taxes on the tax roll or release any person or property assessed from the liabilities
provided in this chapter in case of nonpayment.
Sec. 10.17. Tax payment schedule.
No collection charge, penalty, or interest shall be charged for or added to city taxes
paid on or before the tenth day of August. The council shall provide by ordinance, the tax
payment schedule for city taxes paid after the tenth day of August, and the amount of
collection charges and interest to be added thereafter. All amounts collected as
collection charges and interest shall be paid into the city's treasury for the use and
benefit of the city.
Sec. 10.18. Failure or refusal to pay personal property tax.
If any person shall neglect or refuse to pay any tax on personal property assessed to
him, the treasurer shall collect the same by seizing any personal property of such person,
to an amount sufficient to pay such tax, together with any charges and interest added
thereto, wherever the same may be found in the state. No property shall be exempt from
such seizure. He may sell the property seized, to an amount sufficient to pay the taxes
and all charges, fees, penalties, and interest, in accordance with statutory provisions.
The treasurer may also sue the person to whom a personal property tax is assessed, in
accordance with the powers granted to him by law.
State law reference(s)--Seizure of property, MCL 211.47, 211.48, MSA
7.91, 7.92.
Sec. 10.19. 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 law
relative to the collection of, and accounting for, such taxes and the penalties and
interest thereon shall apply. For the purpose of collecting state, county, and school
taxes, the treasurer shall perform the same duties and have the same powers as township
treasurers under state law.
Sec. 10.20. Collection of delinquent taxes.
All taxes and charges, together with fees, penalties, and interest upon real property
on the tax roll, remaining uncollected by the treasurer on the first day of March
following the date when the roll was received by him shall be subject to one of the
following procedures:
(1) The real property against which such taxes and charges are assessed shall be
subject to disposition, sale, and redemption for the enforcement and collection of the tax
lien against the same in the method and manner which may be provided by ordinance. The
council may provide by ordinance the procedure for the sale and redemption of real
property for such unpaid taxes and charges, together with fees, penalties, and interest,
by judicial sale on petition filed in behalf of the city. Such procedure shall correspond
substantially to the procedure provided by law for the sale by the state of tax delinquent
real property and redemption therefrom, except that the acts performed by state and county
officers shall be performed by appropriate city officers and that city tax sales shall be
held not less than thirty (30) nor more than ninety (90) days prior to the date of
corresponding tax sales under the general law.
(2) If no ordinance is in effect pursuant to subsection (1) of this section, such taxes
shall be returned to the county treasurer, to the extent and in the same manner and with
like effect as provided by law for returns by township treasurers of township, school, and
county taxes. Such returns shall include all the additional assessments, charges, fees,
penalties, and interest hereinbefore provided, which shall be added to the amount assessed
in said tax roll against such property or person. The taxes, assessments, charges, fees,
penalties, and interest thus returned shall be collected in the same manner as other taxes
returned to the county treasurer are collected, in accordance with law, and shall be and
remain a lien upon the property against which they are assessed, until paid.
State law reference(s)--Tax sales, MCL 211.60 et seq., MSA 7.104 et
seq.
Sec. 10.21. Protection of city lien.
The city shall have power, insofar as the exercise thereof shall not conflict with or
contravene the provisions of law, to acquire such an interest in any premises within the
city, by purchase at any tax or other public sale, or by direct purchase from or
negotiation with the State of Michigan or the owner, as may be necessary to assure to the
city the collection of its taxes, special assessments, charges, and any interest thereon
which are levied against any lot or parcel of real property or to protect the lien of the
city therefor, and may hold, lease, or sell the same. Any such procedure exercised by the
city to assure the collection of its taxes or the protection of its tax or other liens
shall be deemed to be for a public purpose. The council may adopt any ordinance which may
be necessary to make this section effective.
Sec. 10.22. Disposition of real property held by city.
When the city has acquired any interest in property to protect the city's tax lien
thereon, the owner of any interest therein by fee title, as mortgagee, or as vendor or
vendee under a land contract, shall have the right to purchase the city's interest
therein, upon payment to the city of the amount of money which the city has invested
therein in the form of taxes, special assessments, charges, fees, penalties, interest, and
costs, paid by the city to protect its title in such property. After the lapse of ninety
(90) days after the date that the city acquires title to any such property, the council
may remove the same from the market by determining that such property is needed for and
should be devoted to public purposes, naming such purposes, or may sell the same at a
price which shall be not less than the market value, as determined, and certified to the
council by the assessor.
CHAPTER 11. SPECIAL ASSESSMENTS AND PUBLIC IMPROVEMENTS*
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*State law reference(s)--Powers re special assessments, MCL 117.4a, 117.4b, 117.4d, 117.5, MSA 5.2074, 5.2075, 5.2077, 5.2084.
----------
Sec. 11.1. General power relative to special assessments and public
improvements.
(a) The council shall have the power to make public improvements, including local
improvements, within the city and, to the extent permitted by law, outside the city. The
council may determine the necessity for any public improvement, and may determine that the
whole or any part of the cost thereof including, but not limited to, the cost of plans,
specifications, administration, engineering, architectural and legal expenses, and of the
acquisition of property in connection therewith, shall be levied by special assessments
upon the property specially benefited thereby.
(b) Any special assessment for local improvements, levied against property benefited
shall be in proportion to, and shall not exceed, the value of the benefit received
therefrom. The council shall establish the method of apportioning such benefits by
ordinance.
(c) If protests as to the necessity of a local improvement are made by the owners of
property which will bear fifty (50) percent or more of the estimated cost of the
improvement, or by more than fifty (50) percent of the owners of such property the public
improvement, shall not proceed until the objections have been reduced to less than fifty
(50) percent, except upon the approval of at least five (5) members of the council.
Sec. 11.2. Detailed procedure to be fixed by ordinance.
The procedure for legal improvements may be commenced by the council either on its own
initiative or upon receipt of a petition therefor. The council shall prescribe, by
ordinance, the complete special assessment procedure for local improvements and for
agreements for furnishing such improvements to be financed under such agreements in lieu
of special assessments. For local improvements, such ordinance provisions shall include
and require the following:
(1) the procedure for filing petitions for local improvements;
(2) a survey and report by a designated city officer concerning the need for, desirable
extent of and estimated cost of each proposed local improvement;
(3) a public hearing by the council on the necessity for the local improvement:
Provided, that no public hearing shall be required when a petition for the improvement has
been signed by all of the owners of property to be assessed therefor according to the
records of the assessor, or where there is an agreement in lieu of special assessments;
(4) a resolution of the council determining to proceed or not to proceed with the
proposed local improvement;
(5) a public hearing by the council on the special assessment roll for the local
improvement;
(6) publication of notice of each hearing required by this section in a newspaper
published within the city and by first class mail to persons whose names appear on the
current assessment roll as owners of real property against which a special assessment will
be levied therefor;
(7) a resolution confirming the special assessment roll for the local improvement.
Sec. 11.3. Expenditures before funds for improvements are available.
No expenditures, other than for administrative, engineering, and legal work for any
local improvement, the cost of which is to be borne by special assessment on the property
benefited, shall be made unless the cash is on hand or provided for by proper
appropriation, or will be on hand, before the improvement is completed, or bonds have been
authorized to finance the cost thereof.
Sec. 11.4. Limitations on suits and actions.
No special assessment procedure shall be contested by any action at law or in equity,
unless commenced within sixty (60) days after the confirmation of the special assessment
roll therefor. If no such action be so commenced, the procedure for such local improvement
shall be conclusively presumed to have been regular and complete.
Sec. 11.5. Correction of invalid special assessments.
If any special assessment procedure of the council shall be irregular or invalid for
any reason, the council may correct the same at any time prior to sixty (60) days after
the confirmation of the special assessment roll, or at any time after final determination
of any litigation thereon, whether before or after the completion of the local improvement
to which the special assessment applies. If payments of special assessments have been made
under the irregular or invalid procedure, such payments shall be credited to payments
required under the corrected procedure, or in the alternate, the council may provide in
the special assessment ordinance for the payment of refunds.
Sec. 11.6. Lien for and collection of special assessments.
(a) The city shall have a first lien upon all real property against which special
assessments are assessed, and any such lien and the lien for collection charges and
interest thereon, shall be of the same character, effect, and duration, and shall be
enforceable in the same manner as the lien for city taxes.
(b) The council shall provide procedure in the special assessment ordinance for the
collection of special assessments and the collection charges, and interest which shall be
added for the delayed or delinquent payment thereof.
Sec. 11.7. Receipts from special assessments.
Accounts for special assessment rolls shall be created and kept separate from all other
city accounts. Moneys collected on account of special assessments shall be used solely to
pay the cost of the improvements to which they apply and to the principal of and interest
on indebtedness of the city therefor, and, if they cannot be so used, shall be refunded to
property owners or placed in the city treasury as provided in the special assessment
ordinance.
Sec. 11.8. All real property liable for special assessments.
All real property, including such as is exempt from taxation by law, shall be liable
for the cost of local improvements assessed in accordance with this chapter, unless
specifically exempted from special assessments by law.
Sec. 11.9. Additional assessments.
No additional assessments for any local improvements shall be made when the amount
exceeds ten (10) percent of the original assessment, unless a special assessment roll
therefor be reviewed in the same manner and after the same notice required for the
original assessment.
Sec. 11.10. Certain postponements of payments.
The council may provide that any person who, in the opinion of the assessor and
council, by reason of poverty is unable to contribute toward the cost of the making of a
public improvement, may execute to the city an instrument creating a lien for the benefit
of the city on all or any part of the real property owned by him and benefited by any
public improvement, which lien will mature and be effective from and after the execution
of such instrument, shall be recorded with the Register of Deeds of Calhoun County, and
shall not be discharged or released until the terms thereof are met in full. The council
shall establish the procedure for making this section effective, by ordinance.
CHAPTER 12. MUNICIPAL BORROWING POWER
Sec. 12.1. Municipal borrowing power.
(a) Subject to the applicable provisions of law, the city may borrow money for any
purpose within the scope of its powers or which may be permitted by law, and may issue
bonds or other evidences of indebtedness therefor. Such bonds or other evidences of
indebtedness shall include, but not be limited to, the following types:
(1) General obligation bonds for the payment of which the full faith and credit of the
city is pledged;
(2) Special assessment bonds which are issued in anticipation of defraying the cost of
any one or more public improvements which bonds shall be both an obligation of the special
assessment district and a general obligation of the city;
(3) Revenue bonds, as authorized by law;
(4) Tax anticipation notes, which may be issued in anticipation of the collection of
taxes for the current or next succeeding fiscal years of the city or any other year
permitted by law, in the manner and subject to any limitations provided by law;
(5) Mortgage bonds, as authorized by law, for the acquiring, owning, purchasing,
constructing, improving, or operating of any public utility which the city is authorized
by law to finance in this manner;
(6) Bonds issued in anticipation of future payments from the motor vehicle highway fund
or any other fund of the state which the city may be permitted by law to pledge for the
payment of the principal and interest thereof which bonds, if the law so permits, may also
be a general obligation of the city;
(7) Water main extension bonds, in an amount not to exceed one percent of the assessed
valuation of all real and personal property in the city, for the payment of which the full
faith and credit of the city are pledged for the refunding from time to time of moneys
advanced or paid on special assessments imposed for water main extensions as buildings are
connected with such extensions, which bonds shall be payable in not more than thirty (30)
years with interest thereon at a rate which shall not exceed six (6) percent per annum;
(8) Calamity bonds, issued in case of fire, flood, or other calamity for the relief of
the inhabitants of the city and for the preservation of municipal property, in a sum not
to exceed three-eighths of one percent of the assessed value of the real and personal
property in the city, which shall become due in not more than five (5) years.
(b) Whenever any portion of a public improvement shall be assessed by or charged to the
city at large and the balance of such cost assessed against the property benefited, the
council may provide for the payment of the city's portion of such cost in installments. In
such case, bonds may be issued in anticipation of the payment of the amount assessed
against the city at large the same as they may be issued in anticipation of the payment of
the amount assessed against the benefited property. In such case, the council shall
appropriate in each fiscal year an amount which is sufficient to pay the principal and
interest on such bonds which is required to be paid during that year. Such bonds may be
included as a part of a total issue of bonds for the public improvement to which they
apply and need not be separated from bonds issued in anticipation of the payment of
special assessments assessed against the benefited property.
(c) Bonds may be issued in anticipation of the collection of special assessments levied
with respect to two (2) or more public improvements, but no special assessment district
shall be required to pay the obligation of any other special assessment district and the
special assessment ordinance providing for the creation of such districts shall so
provide.
(d) As to special assessment bonds which are also a general obligation of the city, if
there is any deficiency in any special assessment fund to meet the payment of the
principal or interest, or both, to be paid therefrom, moneys shall be advanced from the
general funds of the city and repaid when the special assessment fund shall be sufficient
therefor.
(e) Each bond or other evidence of indebtedness shall contain on its face a statement
specifying the purpose for which the same is issued, and the proceeds thereof shall not be
used for any other purpose, except that, whenever the proceeds of any bond issue, or a
part thereof remain unexpended and unencumbered for the purpose for which said bond issue
was made, the council may, by the confirming vote of not less than five (5) members,
authorize the use of such unexpended and unencumbered funds:
(1) For the retirement of such bond issue; or
(2) If such bond issue has been fully retired, then for the retirement of other bonds
or obligations of the city provided for by this section: Provided, that in the case of
special assessment bonds, such funds shall be refunded to the owners of property against
which special assessments therefor were made, or placed in the general fund of the city in
accordance with the provisions of the special assessment ordinance adopted by the council;
and
(3) For such other purposes as may be permitted by law, subject to the proviso in
paragraph (2) above; or
(4) If such funds cannot be so used, then in any manner approved by the vote of not
less than six (6) members of the council.
(f) No bond or other evidence of indebtedness, regardless of type or purpose, shall
bear interest at a rate exceeding that fixed by law.
(g) All bonds and other evidences of indebtedness shall be signed by the mayor and
countersigned 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 shall be kept by the treasurer. Upon the
payment of any bond or other evidence of indebtedness, the same shall be marked
"Cancelled" or otherwise defaced by the treasurer to indicate payment. After all
bonds of any issue have been paid, they may be destroyed by the paying bank or trust
company if a certificate of such destruction is given to the city.
State law reference(s)--Permissible that charter contains provisions
re: borrowing funds, MCL 117.4a et seq., MSA 5.2074 et seq.; Municipal Finance Act, MCL
131.1 et seq., MSA 5.3188(1).
Sec. 12.2. Limitations upon borrowing power.
(a) The net bonded indebtedness incurred for all public purposes shall not at any time
exceed ten (10) per cent 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 provisions of Section 12.1(a), clauses (2), (3), and
(4), of this chapter and any other bonds which are not, by law, subject to the debt
limitation of the city. The resources of any debt retirement or sinking fund pledged for
the retirement of any outstanding bonds which are subject to the debt limitation herein
established, shall also be deducted from the amount of the bonded indebtedness.
(b) If bonds are not sold within three (3) years after authorization, such
authorization shall be null and void, except when delay is caused by litigation or when a
bond issue has been authorized by the electors to be issued in two (2) or more parts or
series. In case of litigation, three-year period shall start at the time of the filing of
the final judgment or decree. In case of bonds authorized to be issued in two (2) or more
parts or series, the first part or series shall be sold within three (3) years after
authorization and the final part or series shall be sold within ten (10) years after
authorization.
CHAPTER 13. MUNICIPAL COURT*
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*Editor's note--This chapter is obsolete due to the abolishment of the municipal court and its replacement by a district court. See MCL 600.9921, MSA 27A.9921.
----------
Sec. 13.1. Municipal court created.
The justice courts of the City of Albion are hereby abolished and the powers,
jurisdictions, and duties of said courts are hereby consolidated into one court to be
presided over by a municipal judge who is a qualified resident elector of the city and is
an attorney admitted to practice law in the Supreme Court of Michigan immediately
preceding the date of his appointment or election. Such court shall be known and
designated as the "Municipal Court of the City of Albion."
Sec. 13.2. Associate municipal judge.
The council may provide for the office of associate municipal judge in accordance with
and subject to the provisions of Act No. 109 of the Public Acts of Michigan of 1947 [MCL
730.321 et seq., MSA 27.4071 et seq.].
Sec. 13.3. Legal practice of judge.
The municipal judge shall not practice law in any court of the state, except the
probate courts. Neither the associate municipal judge nor any partner of the municipal
judge shall practice law in the municipal court.
Sec. 13.4. Compensation of municipal judge.
(a) The municipal judge shall be compensated by the City of Albion by a salary in such
sum and in such manner as the council shall determine, but not less than five thousand
dollars ($5,000.00), nor more than twelve thousand dollars ($12,000.00) per year. No
action of the council determining the salary of the municipal judge shall be taken less
than thirty (30) days before the last day for filing nominating petitions for election to
that office at the next regular city election. In the event that no change is so made, the
compensation of the municipal judge during the previous term shall continue as the
compensation of the municipal judge after he has been elected and assumes his office.
(b) The salary of the municipal judge shall be in lieu of all fees, both in civil and
criminal cases, to which the municipal judge might be entitled, but for the provisions of
this section. Such fees in civil cases, shall be collected by the municipal judge and
turned over by him to the treasurer on the first and fifteenth day of each month, or as
otherwise required by law. The municipal judge shall turn over to the treasurer all fines
and costs collected by him for violations of this charter, and of the ordinances of the
city. He shall account for and turn over to the County Treasurer of Calhoun County all
fines and costs received by him in connection with state criminal cases in the manner and
with like effect as provided by law relative thereto and shall pay the same over to the
city treasurer when the same are received by him from said county treasurer.
Sec. 13.5. Term of office of municipal judge.
The terms of office of the municipal judge shall be six (6) years and shall commence on
the first day of January following his election. Except in the case of the first municipal
judge, each person who is appointed to fill a vacancy in that office shall assume office
upon his appointment and shall serve for a term ending on the first day of January
following the next regular city election at which time the municipal judge who is elected
at such election shall assume the duties of his office.
Sec. 13.6. Records and files of justices of the peace.
The municipal judge is empowered to receive and shall take from the justices of the
peace, herein abolished, all files, records, and dockets kept by them pertaining to their
offices. He shall be empowered to issue executions according to the law as if said
judgment were rendered by him. He shall, further, have transferred to him any or all
actions or proceedings pending in either of the said offices so abolished, and shall have
full jurisdiction to proceed with such actions or proceedings in the same manner as if
they had been brought before him originally.
Sec. 13.7. Jurisdiction of municipal court.
(a) The municipal judge shall have the same powers, jurisdiction, and duties as were by
the previous charter of the city and by law conferred upon the justices of the peace
herein abolished, and all provisions of law relative to jurisdiction which governed said
justices of the peace shall equally govern the municipal court, unless they are
inconsistent with this chapter and the law applicable to the municipal court herein
established.
(b) The municipal court shall have exclusive jurisdiction in the trial of actions
involving violations of this charter and of ordinances of the city, subject to appeals
therefrom to the Circuit Court for the County of Calhoun and the supreme court.
(c) The municipal court shall have such original jurisdiction as is provided by law for
justices of the peace and municipal courts, including Act No. 5 of the Public Acts of
Michigan of 1956, as amended [MCL 730.501 et seq., MSA 27.3937(1) et seq.], in civil and
criminal actions and, as provided and permitted in that act, shall have concurrent
jurisdiction with the Circuit Court for the County of Calhoun in all civil actions, and
actions of replevin, wherein the debt or damages claimed, or the value of the property
involved, as the case may be, does not exceed one thousand dollars. Should any law permit
the court to have a higher dollar limit jurisdiction at any time, the court shall have
jurisdiction to the amount of such higher limit, without the necessity of amending this
charter or any action by the council.
(d) The municipal court shall have the same jurisdiction, power, and authority to set
aside a verdict or judgment and grant a new trial therein, upon timely and legal cause
shown, as the Circuit Courts of the State possess, in accordance with the provisions of
Section 28 of Act No. 279 of the Public Acts of Michigan of 1909, as amended [MCL 117.28,
MSA 5.2107], pertaining thereto. The filing of a motion for a new trial or to set aside a
verdict or judgment shall have such effect on the time for taking an appeal, the issuance
of levy of an execution, and other proceedings as provided and permitted to Municipal
Courts in said Section 28 of Act No. 279 of the Public Acts of Michigan of 1909, as
amended [MCL 117.28, MSA 5.2107].
(e) If permitted or required by law, the municipal court shall have the jurisdiction
herein granted in all townships throughout the County of Calhoun.
Sec. 13.8. Court clerk.
The council may provide for a court clerk for the municipal court and prescribe by
ordinance the duties thereof. Such court clerk and deputy clerk or clerks shall, by virtue
of their office, be empowered to administer oaths and do all things required of and
permitted to them by law, including Sections 28 of Act No. 279 of the Public Acts of
Michigan of 1909, as amended [MCL 117.28, MSA 5.2107], subject to audit as in such section
required.
Sec. 13.9. General municipal court act.
As provided and permitted by Act No. 5 of the Public Acts of Michigan of 1956, as
amended [MCL 730.501 et seq., MSA 27.3937(1) et seq.], such act shall apply to and govern
the municipal court, except as the same may be inconsistent with Section 28 of Act No. 279
of the Public Acts of Michigan of 1909, as amended [MCL 117.28, MSA 5.2107].
Sec. 13.10. Bonds of municipal judge.
The municipal judge shall give bond to the city and to the County of Calhoun in the sum
of five thousand dollars ($5,000.00), each, for the faithful performance of the duties of
his office and the requirements of law.
Sec. 13.11. Constable--Court officer.
The municipal judge shall appoint a constable, subject to the confirmation of the
council before such appointment shall be final. Such constable shall serve for an
indefinite term and may be removed by the municipal judge. In all other respects, he shall
be subject to the general provisions of this charter concerning officers of the city. The
constable shall have all of the powers conferred upon constables, and shall do and perform
all acts and duties required of constables, by law. At the request and under the direction
of the municipal judge, the constable shall be the court officer of the municipal court
and shall be responsible to the municipal judge for the maintenance of order in the court
room and for the custody of violators of the provisions of this charter and of the
ordinances of the city while such persons are in the court. With the consent of the chief
of police, the constable may be one of the members of the police department of the city.
As his compensation, the constable shall be entitled to the fees to which constables are
entitled by law. In addition to such compensation, the council may provide for the payment
of such additional salaried compensation as it deems proper. If the constable is a member
of the police department of the city and receives a salary from the city for his duties as
a police officer, he shall not receive any additional salary for his duties as a
constable.
Sec. 13.12. Violations bureau.
The court shall have power to establish a violations bureau, comparable to the
provisions of any law permitting the establishment of violations bureaus. In addition to
violations of the traffic ordinances, the said bureau shall also assist the court in the
disposition of such other ordinance violations which may lawfully be handled by such
bureau, as the council shall prescribe. Any person who has received notice to appear in
answer to any such violation, may, within the time specified in the notice, answer at the
violations bureau to the charge set forth in such notice by paying a prescribed fine,
which fine cannot be waived by the bureau and, in writing, pleading guilty to the charge,
waiving a hearing in court and giving power of attorney to the person in charge of the
bureau to make such a plea and pay such a fine in court. Acceptance of the prescribed fine
and the power of attorney by the bureau shall be deemed to be complete satisfaction for
the violation, and the violator shall be given a receipt which so states. The creation of
such a bureau by the court shall not operate so as to deprive any person of the right to a
full and impartial hearing in court, either with or without a jury, should such person so
choose.
CHAPTER 14. ELECTIONS*
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*State law reference(s)--Mandatory that charter provide for the time, manner and place of holding elections, MCL 117.3(c), MSA 5.2073, (c); Michigan election law, MCL 168.1 et seq., MSA 6.1001 et seq.
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Sec. 14.1. Qualifications of electors.
Each person who has the constitutional qualifications of an elector in the State of
Michigan, or who will have such qualifications at the next ensuing regular or special
election, shall be entitled to register as an elector of the City of Albion.
State law reference(s)--Qualifications of electors, MCL 168.492, MSA
6.1492.
Sec. 14.2. Election procedure.
The general election laws of the state shall apply to and control, as nearly as may be,
all procedure relating to registration and city elections, except as such general laws
relate to political parties or partisan procedure, and except as otherwise provided in
this charter.
State law reference(s)--Michigan election law, MCL 168.1 et seq., MSA
6.1001 et seq.
Sec. 14.3. Regular elections.
A nonpartisan regular city election shall be held at the time of the general November
elections of the State of Michigan for the election of city officers, as hereinafter
enumerated, and for the submission of such propositions as may be authorized for
submission to the electors of the city.
State law reference(s)--General November election, MCL 168.641, MSA
6.1641.
Sec. 14.4. Special elections.
Special city elections shall be held when called by resolution of the council at least
forty-five (45) days in advance of such election, or when required by this charter or the
general laws of the state. Any resolution calling a special election shall set forth the
purpose of such election.
Sec. 14.5. Notice of election.
Notice of the time and place of holding any city election and the officers to be
elected and the questions to be voted upon shall be given by the clerk in the same manner
and at the same time as provided in the state election laws for the giving of notices in
state elections.
State law reference(s)--Notice of special elections, MCL 168.653a, MSA
6.1653(1).
Sec. 14.6. Council districts and election precincts.
(a) For the purpose of electing members of the council, the City of Albion shall be
divided into six (6) council districts, whose boundaries shall be as fixed by ordinance on
the effective date of this charter. The council may amend such ordinance so as to provide
more equal representation of the electors of the city among the council districts, but no
such amendment shall be effective as to any regular city election occurring within six (6)
months after it is adopted by the council.
(b) Each council district shall be divided into such number of election precincts as
are required by law.
(c) The clerk shall maintain and keep available in his office for public inspection a
full description of the current boundaries of each council district and of each voting
precinct therein.
State law reference(s)--Mandatory that charter contain provisions for
wards, MCL 117.3(e), MSA 5.2073, (e); election precincts, MCL 168.654 et seq., MSA 6.1654
et seq.
Sec. 14.7. Voting hours.
The polls of all elections shall open at such time and shall remain open for the period
of time as provided by the election laws of the State of Michigan.
State law reference(s)--Opening and closing of polls, MCL 168.720 et
seq., MSA 6.1720 et seq.
Sec. 14.8. Nominating petitions.
(a) Persons desiring to qualify as candidates for the office of mayor under this
charter shall file with the clerk a petition therefor signed by not less than one hundred
(100) nor more than two hundred (200) registered electors of the city. Persons desiring to
qualify as candidates for the office of councilman shall file with the clerk petitions
signed by not less than twenty-five (25) nor more than fifty (50) registered electors of
the council district in which they reside and from which they seek to be elected. Such
petitions shall be filed with the clerk not later than 5:00 p.m., on the second Monday
prior to the date of the State of Michigan primary election. At least one week before and
not more than three (3) weeks before the last day for filing nominating petitions, the
clerk shall publish notice to that effect.
(b) Official blank nominating petitions, in substantially the same form designated by
the secretary of state for use in the nomination of nonpartisan judicial officers, shall
be prepared and furnished by the clerk. Before the clerk shall furnish official blank
nominating petitions to any person, he shall enter thereon with typewriter or in ink the
name of the person who is to be nominated as a candidate. No petition which has been
altered with respect to such entries shall be received by the clerk for filing. Nominating
petitions for the purpose of filling a vacancy shall so state in connection with the name
of the office for which they are to be used. No person shall sign his name to a greater
number of petitions for any one office than there are candidates to be elected to said
office. Where any name appears on more petitions than there are candidates to be elected
to said office, such name shall not be counted upon any petition for that office.
(As amended 11-7-78)
State law reference(s)--Nonpartisan nominating petitions, MCL 168.544a
et seq., MSA 6.1544(1) et seq.
Sec. 14.9. Approval of petitions.
The clerk shall accept for filing only nominating petitions on official blanks
furnished by him. At the time of, and as a prerequisite for, filing any nominating
petition, there shall also be filed an affidavit, signed by the person named as a
candidate in the petition, or by someone in his behalf, stating under oath that the person
named in the petition possesses the qualifications required by law for eligibility to
assume and hold the elective office for which the petition is filed. Such affidavit shall
be on a form provided by the clerk. Within five (5) days after the filing of a petition,
the clerk shall determine the sufficiency of the number of genuine signatures on the
petition. If he finds that any petition does not contain the required number of genuine
signatures of registered electors of the city, he shall immediately notify the candidate
in writing of the insufficiency of his petition. No additional signatures on any petition
shall be received by the clerk after the final date and time fixed for filing nominating
petitions. Each petition which is found by the clerk to contain the required number of
genuine signatures shall be marked "Valid," with the date thereof and the clerk
shall give to the county clerk the notice thereof required by law.
Sec. 14.10. Public inspection of petitions.
All nominating petitions shall be open to public inspection after being filed in the
office of the clerk, in accordance with such reasonable rules and regulations as shall be
prescribed by him.
Sec. 14.11. Names on ballots.
The form of the ballot used in any city election shall conform as nearly as may be to
that prescribed by the general laws of the state, except that no party designation or
emblem shall appear upon any city ballot. The names of qualified candidates for each
office shall be listed in a single column and shall be rotated on the ballots. In all
other respects the printing and numbering of ballots shall conform to the general laws of
the state relating to elections. Ballots for absentee voting may conform to the face of
voting machines used by the city.
State law reference(s)--Form of ballots, MCL 168.703a et seq., MSA
6.1703(1) et seq.
Sec. 14.12. Election commission.
An election commission is hereby created, consisting of the clerk, the city attorney,
and the chief of police. The clerk shall be chairman. The commission shall have charge of
all activities and duties required of it by state law and this charter relating to the
conduct of city elections. The compensation of the election personnel shall be determined
in advance by the council. In the event of a conflict in election procedure as between the
general election laws of the state and the provisions of this charter, or in any case
where election procedure is in doubt, the election commission shall prescribe the
procedure to be followed.
Sec. 14.13. Canvass of votes.
The election commission shall be the board of canvassers to canvass the votes cast at
all elections under this charter. The commission shall meet in the city hall at 10:00 in
the forenoon on the second day following each city election and publicly canvass the
election returns, and shall determine the vote upon all questions and propositions, and
declare whether the same have been adopted or rejected and what persons have been elected
at such election. The candidate, or candidates, where more than one are to be elected to
the same office, who shall receive the greatest number of votes shall be elected.
Editor's note--As the city has more than five election precincts, the
above section is superceded by MCL 168.30a et seq., MSA 6.1030(1) et seq.
Sec. 14.14. Tie vote.
If at any city election there shall be a choice between candidates because two (2) or
more persons received an equal number of votes, the election commission shall name a date
for the appearance of such persons for the purpose of resolving the tie by lot. Should any
person fail or refuse to appear, in person or by representative, to determine the result
of any tie at the time and place named, such determination shall be made by lot in his
absence, at the direction and under the supervision of the election commission. Such
determination shall be final.
State law reference(s)--Board of election commissioners, MCL 168.25,
MSA 6.1025.
Sec. 14.15. Recount.
A recount of the votes cast at any city election for any office or upon any proposition
may be had in accordance with the provisions of law.
State law reference(s)--Recounts, MCL 168.861 et seq., MSA 6.1861 et
seq.
Sec. 14.16. Recall.
Any elective official may be recalled from office by the electors of the city in the
manner provided by the general laws of the state. A vacancy created by the recall of any
elective official shall be filled by election in the manner prescribed by and subject to
the provisions of law.
State law reference(s)--Recall, MCL 168.951 et seq., MSA 6.1951 et
seq.
CHAPTER 15. CONTRACTS
Sec. 15.1. Contracting authority of council.
(a) The power to authorize the making of contracts on behalf of the city is vested in
the council and shall be exercised in accordance with the provisions of law.
(b) All contracts, except as otherwise provided by ordinance in accordance with the
provisions of Section 15.2 hereof, shall be authorized by the council and shall be signed
on behalf of the city by the mayor and the clerk.
Sec. 15.2. Purchase and sale of personal property.
The council shall establish, by ordinance, the procedure for the purchase and sale of
personal property. Such ordinance may provide for centralized purchasing on behalf of the
city. The ordinance shall also provide the dollar limit within which purchases of personal
property may be made without the necessity of securing competitive bids and the dollar
limit within which purchases may be made without the necessity of council approval. No
purchase of personal property shall be made unless a sufficient unencumbered appropriation
is available therefor.
Sec. 15.3. Limitations on contractual power.
(a) The council shall only have power to enter into contracts which, by the terms
thereof, will be fully executed within a period of ten (10) years, unless such contracts
shall first receive the approval of a majority of the qualified electors of the city
voting thereon at a regular or special election. This limitation shall not apply to any
contract for services with a public utility or one or more other governmental units, nor
to contracts for debt secured by bonds or notes which are permitted to be issued by the
city by law.
(b) The city shall not have power to purchase, sell, lease, or dispose of any real
estate unless:
(1) The resolution authorizing the sale, lease, or disposal shall be completed in the
manner in which it is to be finally passed and has been published as a part of the council
proceedings and has remained on file with the clerk for public inspection for ten (10)
days before the final adoption or passage thereof, and unless,
(2) Such action is approved by the affirmative roll call vote of five (5) or more
members of the council, and unless,
(3) When the proposition is to sell any park, cemetery or any part thereof, except when
such park is not required under an official master plan of the city, the proposition to
sell, lease, or dispose of the same shall also be approved by a three-fifths majority vote
of the electors of the city voting thereon at any general or special election.
(c) Except as provided by ordinance authorized by Section 15.2 of this chapter, each
contract for the construction of public improvements or for the purchase or sale of
personal property shall be let after opportunity for competitive bidding. All bids shall
be opened in public in the council room by the clerk at the time designated in the notice
of letting, and shall be reported to the council at its next meeting. The council may
reject any or all bids, if deemed advisable. If, after two (2) or more opportunities for
competitive bidding, no bids are received or such bids as were received were not
satisfactory to the council, the council may either endeavor to obtain new competitive
bids or may authorize the proper official of the city to negotiate for a contract in the
open market.
(d) No contract shall be made with any person who is in default to the city.
(e) No extra compensation shall be paid to any agent, employee, or contractor after the
service has been rendered or the contract entered into.
(As amended 11-2-76)
Sec. 15.4. Business dealings with city.
An officer or employee of the city who intends to have business dealings with the city,
whereby he may derive any income or benefits, other than such as are provided as
remuneration for his official duties or employment, shall file with the clerk a statement,
under oath, setting forth the nature of such business dealings, and his interest therein.
The statement shall be filed with the clerk and made a part of the record or [of] the
proceedings of the council at the meeting prior to the meeting at which action will be
taken by the council or any other agency of the city upon the matter involved. In each
case where the type of dealings with the city is on a continuing basis, involving more
than one or a sequence of transactions described in the statement, each such statement
shall stand for and apply to such transactions for a period of one year and may be renewed
at the end of each one year's period for so long as such transactions continue. Each such
renewal shall be filed with the clerk and made a part of the record of the proceedings of
the council at the meeting prior to the meeting at which action will be taken by the
council or any other agency of the city upon the matter involved, as in the case of the
original statement. In the event that the interest of any officer or employee of the city
in any business dealings with the city changes at any time, he shall file a statement
thereof as herein required, which statement shall also be spread upon the proceedings of
the council and published as herein required. Approval of any such business dealings shall
require a concurring vote of at least five (5) members of the council, not including the
member affected and any member who does not vote under Section 5.6(k) of this charter. Any
business dealings with the city made in violation of this section shall be void.
Editor's note--The above section may be superceded by MCL
15.321--15.329, MSA 4.1700(51)--4.1700(59). See MCL 15.328, MSA 4.1700(58). See also MCL
15.341 et seq., MSA 4.1700(71) et seq., and opinion no. 6906 in which the attorney general
discusses the history and interaction of three conflict of interest public acts.
CHAPTER 16. PUBLIC UTILITY FRANCHISES*
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*Code cross reference--Franchises, app. A.
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Sec. 16.1. Granting of public utility franchises.
(a) Public utility franchises and all renewals or extensions thereof and amendments
thereto shall be granted by ordinance only. No exclusive franchise shall ever be granted.
No franchise shall be granted for a longer period than thirty (30) years.
(b) No franchise ordinance which is not subject to revocation at the will of the
council shall be enacted nor become operative until the same shall have first been
referred to the electors of the city at a regular or special election and received the
affirmative vote of three-fifths of the electors voting thereon. No such franchise
ordinance shall be approved by the council for referral to the electorate until at least
thirty (30) days after application therefor has been filed with the council, nor until a
public hearing has been held thereon, nor until the grantee named therein has filed with
the clerk his unconditional acceptance of all terms of such franchise. No special election
for such purpose shall be ordered by the council unless the expense of holding such
election, as determined by the council, shall have first been paid to the treasurer by the
grantee.
(c) 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 in the form in
which it is finally enacted and shall have been on file in the office of the clerk for
public inspection for at least four (4) weeks after publication of a notice that such
ordinance has been so filed.
State law reference(s)--Franchises limited to thirty (30) years, Mich.
Const. 1963, Art. VII, § 30; submission of irrevocable franchise to electors required,
Mich. Const. 1963, Art. VII, § 25; expenses of special elections to approve franchises to
be submitted to voters, MCL 117.5(i), MSA 5.2084, (i).
Sec. 16.2. Conditions of public utility franchise.
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, nonuse, 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 standards of service and quality of products and prevent
unjust discrimination in service or 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 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.
Sec. 16.3. 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 predicated upon the franchise, goodwill, or prospective profits.
Sec. 16.4. 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 any streets, alleys, bridges, and 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 therefor. 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 therefor, and the arbitration award shall be final.
State law reference(s)--Permissible that charter provide for use of
streets, etc., by public utilities, MCL 117.4h(2), MSA 5.2081, (2).
CHAPTER 17. MUNICIPALLY OWNED UTILITIES
Sec. 17.1. General powers respecting utilities.
The city shall possess and hereby reserves to itself all the powers granted to cities
by law to acquire, construct, own, operate, improve, enlarge, extend, repair, and
maintain, either within or without its corporate limits and the corporate limits of
Calhoun County, including, but not by the way of limitation, public utilities for
supplying water, light, heat, power, gas, sewage treatment, and garbage disposal
facilities, or any of them, to the municipality and the inhabitants thereof; and also to
sell and deliver water, light, heat, power, gas, and other public utility services without
its corporate limits to an amount not to exceed the limitations set by law or in
accordance therewith.
State law reference(s)--Charter may provide for acquisition, etc., of
utilities, MCL 117.4c, 141.104, MSA 5.2076, 5.2734; authority to acquire, operate, etc.,
water systems, MCL 124.251 et seq., MSA 5.2533(1) et seq.
Sec. 17.2. Administration of municipal utilities.
All municipally owned or operated utilities shall be administered as a regular
department of the city government, and shall be subject to the same budget requirements
and controls as other departments.
Sec. 17.3. Rates.
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. Higher rates
may be charged for services outside the corporate limits of the city. The rates and
charges for any municipal public utility shall be so fixed as to at least meet all the
costs of such utility, including depreciation.
Sec. 17.4. Utility rates and charges--Collection.
(a) 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:
(1) the terms and conditions under which utility services may be discontinued in case
of delinquency in paying such rates or charges.
(2) that suit may be instituted by the city before a competent tribunal for the
collection of such rates or charges.
(b) With respect to the collection of rates charged for water, the city shall have all
the powers granted to cities by Act 178 of the Public Acts of Michigan of 1939, as amended
[MCL 123.161 et seq., MSA 5.2531(1) et seq.], and Act 94 of the Public Acts of Michigan of
1933, as amended [MCL 141.121, MSA 5.2751].
State law reference(s)--Collection of water charges, MCL 123.161 et
seq., 141.121, MSA 5.2531(1) et seq., 5.2751.
Sec. 17.5. Disposal of utility plants and property.
Unless approved by the affirmative vote of three-fifths 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 which have been, or could with advantage to the service be, replaced by new and
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. The provisions of this section shall not extend to vacation or
abandonment of streets, as provided by law.
State law reference(s)--Sale of capital asset of municipally owned
utility, MCL 117.4e(3), MSA 5.2078, (3).
Sec. 17.6. Diversion of utility department funds.
The funds of a city utility department shall not be diverted to or used for any other
municipal purpose, unless the proposition to do so be first approved by three-fifths of
the electors voting on the proposition at a regular or special city election.
CHAPTER 18. SUPERVISORS*
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*Editor's note--The provisions of this chapter are superceded by MCL 46.401 et seq., MSA 5.359(1) et seq.
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Sec. 18.1. Number of supervisors.
The city shall be entitled to five (5) representatives upon the Board of Supervisors of
Calhoun County. One of such representatives shall be the assessor, another shall be the
mayor, or, if he cannot serve regularly in such capacity, a member of the council
designated by the council. The remaining members shall be appointed by the mayor, subject
to confirmation by the council.
Sec. 18.2. Appointed supervisors.
Appointed supervisors shall be appointed and confirmed during the month of March in
odd-numbered years. Such members shall have the qualifications required by this charter of
elective city officers. No person shall be disqualified from any such appointment because
he is an officer of the city. When, by law, the city is entitled to any additional
representative on the Board of Supervisors of Calhoun County or any other county, the
mayor shall appoint a qualified person forthwith after such eligibility occurs for a term
ending on the second Monday in April of the next following odd-numbered year.
Sec. 18.3. Temporary absences or inability to serve.
In case of the temporary absence or inability of any city member of the board of
supervisors, including the mayor, to serve or perform the duties of his office, the mayor
shall designate another city officer or an elector of the city having the qualifications
required by this charter of elective city officers to serve in his stead during the period
of such absence or inability.
Sec. 18.4. Duties of city supervisors.
Supervisors shall perform the duties required to be performed by members of boards of
supervisors under the general laws of the state.
Sec. 18.5. Compensation of supervisors.
Each supervisor shall be entitled to retain any compensation and mileage paid to him by
the county as a member of its board of supervisors.
[CHAPTER 19.] SCHEDULE*
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*Editor's note--To create a consistent format the "schedule chapter" has been designated as chapter 19 and sections herein, none of which had the chapter number as a part thereof, have had the chapter number incorporated into them.
----------
Sec. 19.1. Purpose and status of schedule chapter.
The purpose of this schedule chapter is to inaugurate the government of the City of
Albion under this charter and provide the transition from the government of the city under
the previous charter to that under this charter. It shall constitute a part of this
charter only to the extent and for the time required to accomplish that end.
Sec. 19.2. Election to adopt charter.
(a) This charter shall be submitted to a vote of the qualified electors of the
territory comprising the City of Albion at a special city election to be held on Tuesday,
August 2, 1960, between the hours of 7:00 a.m. and 8:00 p.m. All provisions for the
submission of the question of adopting this charter at such election shall be made in the
manner provided by law.
(b) If, at said election, a majority of the electors voting thereon shall vote in favor
of the adoption of this charter, then the city clerk shall perform all other acts required
by law to carry this charter into effect.
Sec. 19.3. Form of ballot.
The form of the question on submission of this charter shall be as follows:
Shall the proposed charter of the City of Albion, drafted by the Charter Commission be
adopted:
YES NO
Sec. 19.4. Effective date of charter.
If the canvass of the votes upon the adoption of this charter shows it to have been
adopted, it shall take effect and become law as the charter of the city for all purposes
on Monday, September 5, 1960, at 12:01 a.m., except such provisions as pertain to the
composition of the council.
Sec. 19.5. Elected officers of the city.
The elected officers of the city who held office on the effective date of this charter,
shall continue and be the first such officers of the city under this charter, and shall be
subject to the provisions thereof. Each of said officers shall serve in the capacity to
which he was elected for the term for which he was elected, unless otherwise limited by
the provisions of this charter.
Sec. 19.6. Council meetings.
Until otherwise provided by resolution, regular meetings of the council shall be held
on alternate Mondays following the sequence established by the council under the previous
charter of the city.
Sec. 19.7. Administrative officers.
Notwithstanding any other requirements or limitations contained in this charter, but
subject to Section 5 of this Schedule [19.5], the persons who held the offices of city
attorney, clerk, treasurer, assessor, and each other administrative office of the city on
the effective date of this charter shall continue in such offices as though and on the
same basis as if appointed under this charter, and shall perform their several duties and,
in all respects, be subject to the provisions of this charter.
Sec. 19.8. First board of review.
The first members of the board of review created by this charter shall be appointed
during the month of January, 1961, and their terms shall be so arranged that thereafter
the term of one member shall expire in each year, beginning with January 1, 1962.
Sec. 19.9. Boards and commissions under previous charter.
All boards and commissions of the city existing on the effective date of this charter
that have been created or continued by this charter or by ordinance, shall continue
without change, except that they shall be subject to the provisions of this charter. Each
member of any such board or commission shall serve for the balance of the term for which
he has been appointed. Successors to such members shall be appointed subject to this
charter.
Sec. 19.10. City supervisors.
The supervisors representing the city and its inhabitants under the previous charter
shall be and remain such supervisors for the balance of the terms for which they were
severally appointed, and until their successors are appointed or assume such office in
accordance with the provisions of this charter.
Sec. 19.11. Municipal court.
The municipal court established by this charter shall come into existence on the fourth
day of July, 1961, and the existence of the justice courts created under the previous
charter of the city shall cease to exist at midnight at the end of July 3, 1961. The terms
of office of the justices of the peace of such courts shall thereupon be terminated. At
the time the municipal court comes into existence, a vacancy shall exist in the office of
the municipal judge, which vacancy shall be filled by the council by a municipal judge who
shall be appointed not later than the first Monday in June for a term commencing July 4,
1961, and terminating at 12:01 a.m. on the first day of January, 1963, or at such time
thereafter as his successor who is elected at the city election held in the year 1962
qualifies for and assumes the duties of his office.
Sec. 19.12. Constable.
The council shall appoint a constable for the interim period of January 1, 1961 to the
4th day of July, 1961, and his successor shall then be appointed under and subject to the
provisions of this charter.
Sec. 19.13. Compensation of officers.
The compensation of elective officers set forth in this charter shall apply to officers
elected after the effective date of this charter. The stating of any such compensation in
this charter shall not operate to change the compensation of an officer after his election
or appointment to office in violation of the constitutional prohibition thereof.
Sec. 19.14. Council action.
In all cases involving the transition of the city government from that under the
previous charter to that under this charter which are not covered by this schedule, the
council shall supply necessary details and procedure and may adopt such rules,
regulations, and ordinances as may be required therefor.
Sec. 19.15. Vested rights and liabilities.
After the effective date of this charter, the city and all its agencies shall be vested
with all proper moneys, contracts, rights, credits, effects, and the records, files,
books, and papers belonging to it under and by virtue of the previous charter. No right or
liability, contract, lease, or franchise, either in favor of or against the city, existing
at the time this charter became effective, and no suit or prosecution of any character,
shall be affected in any manner by any change resulting from the adoption of this charter,
but the same shall stand or proceed as if no change had been made. All taxes, debts, and
liabilities due to the city from any person, and all fines and penalties, imposed and
existing at the time of such changes, shall be collected by the city. All trusts
established for any municipal purpose shall be continued in accordance with the terms
thereof, subject to the cy pres doctrine.
RESOLUTION OF ADOPTION*
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*Editor's note--This charter was subsequently ratified by the voters of the City of Albion August 2, 1960 by a vote of nine hundred thirty-nine (939) yes, and four hundred twenty-seven (427) no.
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At a meeting of the Charter Commission of the City of Albion, held on the 26th day of
May at the usual meeting time and place of the Commission, the following members of the
Charter Commission were present: Commissioners Dailey, Hill, King, Mather, Messick,
Pollard, Roland, Turnbull--A quorum.
At such meeting, the following resolution was offered by Commissioner Mather and
seconded by Commissioner King:
Resolved, That the Charter Commission of the City of Albion, does hereby adopt the
foregoing instrument as the proposed revised charter of the City of Albion, and the
Secretary of this Commission is hereby instructed to transmit the same to the Governor of
the State of Michigan, in accordance with the provisions of Act No. 279 of the Public Acts
of 1909, for his approval.
The vote on the adoption of the resolution was as follows:
Ayes: 8
Nays: None
Absent: 1
Marthan A. Schumacher,
Secretary of the Charter Commission of the City of Albion, Michigan
Attested by the following Commissioners:
Arthur Dailey
Stuart D. Hill
George V. Mather
Howard A. Messick
Darrell H. Polland
L. L. Reed
David L. Turnbull
Betty King
Secretary
Harold W. Roland
Chairman
© Copyrighted. Municipal Code Corp., affiliated Municipality. 1997.