[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.

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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.