City Charter
 Municipal Court
Amendment
November 3, 1964
Charter Amendments
November 15, 1971
Chapter 1 - Name And Boundaries
Chapter 2 - Municipal Powers
Chapter 3 - Elections
Chapter 4 - Organization Of Government
Chapter 5 - General Provisions Regarding Officers
And Personnel Of The City
Chapter 6 - The Council: Procedure And
Miscellaneous Power And Duties
Chapter 7 - Legislation
Chapter 8 - General Finance - Budget, Audit,
Purchasing
Chapter 9 - Taxation
Chapter 10 - Borrowing Power
Chapter 11 - Special Assessments
Chapter 12 - Municipally Owned Utilities
Chapter 13 - Franchise - Contracts - Leases
Chapter 14 - Supervisors
Chapter 15 - Justice Court
Chapter 16 - Miscellaneous
Chapter 17 - Schedule
Resolution Of Adoption
 CHAPTER 1
NAME AND BOUNDARIES:
Name and Boundaries:
Section 1.1. The name of this organized city is "The City of
Northville". It is a body corporate, and embraces the following
described territory in the township of Northville, Wayne County, and
the township of Novi, Oakland County, State of Michigan,
constituting the former Village of Northville, together with such
territory as may from time to time be attached thereto, and less
such territory as may from time to time be detached therefrom, in
accordance with law:
Beginning at the Southeast Corner of Section 3, T. 1 S., R. 8 E,
Northville Township, Wayne County, Michigan, Running thence Westerly
along the south line of said Section, six (6) courses as follows:
S. 88° 52 20" W., 265.73 feet
and S. 86° 55 25" W., 378.78 feet
and S. 87° 28 50" W., 400.00 feet
and S. 87° 33 30" W., 1278.32 feet
and S. 87° 27 03" W., 1312.23 feet
and S. 88° 01 09" W., 1316.90 feet
to the southwest corner of said Section 3; thence S. 87° 31 29"
W., along the south line of Section 4, T., 1 S., R. 8 E., a distance
of 691.85 feet; thence N. 3° 10 05" W., along the west line of and
southerly extension thereof, of Orchard Heights Subdivision (Liber
40 of Plats on Page 32 Wayne County Record), a distance of 2467.95
feet to the East and West Quarter line of said Section 4; thence N.
88° 29 54" E., along said quarter line, a distance of 699.46 feet
to the West Quarter Corner of said Section 3; thence along the west
line of said Section 3, N. 2° 19 40" W., 960.42 feet and N. 2° 38
05" W., a distance of 1442.46 feet to the Northwest Corner of said
Section 3; thence N.87° 21 13" E., along the north line of said
Section 3, a distance of 2486.60 feet to the North Quarter Corner of
said Section 3; thence N. 87° 56 30" E., a distance of 183.63 feet
to the west line of Oakwood Subdivision (Liber 30 of Plats Page 1,
Oakland County Records); thence N. 2° 05 25" W., along the west
line of said Oakwood Subdivision 2055.75 feet to the north line of
said Oakwood Subdivision; thence N. 87° 59 06" E., along said north
line, a distance of 1330.80 feet; thence S. 2Ί 05 25" E., along the
east line of said Oakwood Subdivision a distance of 2054.00 feet to
the northline of said Section 3; thence N. 87° 56 30" E., along
said north line 985.20 feet to the Northeast Corner of said Section
3; Thence Southerly along the east line of said Section, S. 2° 09
00" E., 713.34 feet and S. 2° 24 01" E., 1500.88 feet and S. 2° 24
21" E., 2648.11 feet to the Point of Beginning.
CHAPTER 2
MUNICIPAL POWERS
General Powers:
Section 2.1. Unless otherwise provided or limited in this
charter, the city and its officers shall possess and be vested with
any and all powers, privileges and immunities, expressed or implied,
which cities and their officers are, or hereafter may be, permitted
to exercise or to provide for in their charters under the
Constitution and statutes of the State of Michigan, including all
powers, privileges and immunities which cities are, or may be
permitted to provide in their charters by Act No. 279 of the Public
Acts of 1909, as fully and completely as though these powers,
privileges and immunities were specifically enumerated in and
provided for in this charter, and in no case shall any enumeration
of particular powers, privileges or immunities herein be held to be
exclusive.
The city and its officers shall have power to exercise all
municipal powers in the management and control of municipal property
and in the administration of the municipal government, whether such
powers be expressly enumerated herein or not; to do any act to
advance the interest of the city, the good government and prosperity
of the municipality and its inhabitants, and through its regularly
constituted authority, to pass and enforce all laws, ordinances and
resolutions relating to its municipal concerns, subject to the
general laws of the state and the provisions of this charter.
Further Definition of Powers:
Section 2.2 In addition to the powers possessed by the city under
the Constitution and statues of the State of Michigan, and those set
forth throughout this charter, the city shall have power with
respect to and may by ordinance and other lawful acts of its
officers, provide for the following, subject to any specific
limitations placed thereon by this charter.
a) The acquisition by purchase, gift, condemnation, lease,
construction, or in any manner permitted by statute, of private
property of every type and nature for public use, which property may
be located within or without the Counties of Wayne and Oakland and
which may be required for or incidental to the present or future
exercise of the purposes, powers and duties of the city, either
proprietary or otherwise;
b) The maintenance, development, operation, leasing and disposal
of city property subject to any restrictions placed thereon by
statue or this charter;
c) The refunding of money advanced or paid on special assessments
for water main extensions;
d) The installation and connection of conduits for the service of
municipally owned and operated electric lighting plants;
e) The purchase or condemnation of the franchises and of the
property used in the operation of companies or individuals engaged
in the cemetery, hospital, almshouse, electric light, gas, heat,
water and power business;
f) The use, regulation, improvement and control of the surface of
its streets, alleys, public ways and other public places and of the
space above and beneath them.
g) The use, by others than the owner, of property located in
streets, alleys and public places, in the operation of a public
utility, upon the payment of a reasonable compensation to the owners
thereof;
h) A plan of streets and alleys within and for a distance of not
more than three miles beyond the municipal limits;
i) The use, control and regulation of streams, water and water
courses within its boundaries, subject to any limitations imposed by
statute;
j) The acquiring, establishment, operation, extension and
maintenance of facilities for the storage and parking of vehicles
within its corporate limits, including the fixing and collection of
charges for services and use thereof on a public utility basis, and
for such purpose to acquire by gift, purchase, condemnation or
otherwise, the land necessary therefor;
k) Regulating, restricting and limiting the number and locations
of oil and gasoline stations;
l) Establishing of districts or zones within which the use of
land and structures, the type, character, height, area, size and
location of buildings and required open spaces for light and
ventilation of such buildings, and the density of population may be
regulated by ordinance in accordance with statutory provisions
governing zoning;
m) Regulating of trades, occupations and amusements within the
city, not inconsistent with state and federal laws, and for the
prohibition of such trades, occupations and amusements as are
detrimental to the health, morals or welfare of its inhabitants;
n) Licensing, regulating, restricting and limiting the number and
locations of advertising signs or displays and billboards within the
city;
o) Preventing injury or annoyance to the inhabitants of the city
from anything which is dangerous, offensive or unhealthful, and for
preventing and abating nuisances and punishing those occasioning
them or neglecting or refusing to abate, discontinue or remove the
same;
p) Prescribing the terms and conditions upon which license may be
granted, suspended or revoked; requiring payment of reasonable sums
for licenses; and requiring the furnishing of a bond to the city for
the faithful observance of the conditions under which license are
granted, and otherwise conditioning such license as the Council may
prescribe;
q) Regulating all airports located within its boundaries, and,
for the purpose of promoting and preserving the public peace, safety
and welfare, controlling and regulating the use of the air above the
city by aircraft of all types;
r) Prohibiting or regulating the use, occupancy, sanitation and
parking of house trailers within the city, and the right of the city
to so regulate any house trailer shall not be abrogated because of
any detachment thereof from its wheels or because of placing it on,
or attaching it to, the ground by means of any temporary or
permanent foundation, or in any manner whatsoever;
s) Requiring an owner of real property within the city to
construct and maintain sidewalks abutting upon such property, and if
the owner fails to comply with such requirements or if the owner is
unknown, to construct and maintain such sidewalks and assess the
cost thereof against the property in accordance with Section 11.9;
t) Requiring an owner of real property within the city to abate
public hazards and nuisances which are dangerous to the health or
safety of inhabitants of the city within a reasonable time after the
Council notifies him that such hazard or nuisance exists, and if the
owner fails to comply with such requirements, or if the owner is
unknown, to abate such hazard or nuisance and assess the cost
thereof against such property in accordance with Section 11.9;
j) Compelling of owners of real property within the city to keep
sidewalks abutting upon their property clear from snow, ice or other
obstructions, and if the owner fails to comply with such
requirements, to remove such snow, ice or other obstructions and
assess the cost thereof against the abutting property in accordance
with Section 11.9;
v) Control over all trees, shrubs and plants in the public
streets, highways, parks or other public places in the city, all
dead and diseased trees on private property and trees on private
property overhanging the street, sidewalk, or public places
including the removal thereof and assessing the cost thereof against
the abutting property according to Section 11.9.
Exercise of Power:
Section 2.3. Where no procedure is set forth in this charter for
the exercise of any power granted to or possessed by the city or its
officers, the procedure set forth for the exercise of such power in
any statute of the State of Michigan, including statutes passed for
the government of any public body, shall govern, If alternative
procedures are to be found in different statutes, the Council shall
select that procedure which it deems to be most expedient and to the
best advantage of the city and its inhabitants. Where no procedure
for the exercise of any power of the city or its officers is set
forth, either in this charter or in any statute of the State of
Michigan, the Council shall prescribe a reasonable procedure for the
exercise thereof by ordinance.
Inter-governmental Contracts:
Section 2.4 The city shall have power to join with any
governmental unit or agency, or with any number or combination
thereof by contract or otherwise as may be permitted by law to have
performed (a) jointly, or (b) by one or more of them for or on
behalf of the other or others, or (c) by any other person, firm or
corporation, any power or duty which is permitted to be so performed
by law or which is possessed by, or imposed upon, each such
governmental unit or agency.
Outside Fire Protection:
Section 2.5 In exercise of the powers contained in Section 2.1
herein, the Council shall have the right to contract with persons,
firms corporations or governing bodies to furnish fire protection to
property outside the corporate limits of the city for a fair
consideration, if the Council shall find that the financial
interests of the city are advanced by obtaining payments therefor;
and/or that the prosperity of the municipality and its inhabitants
are advanced through preventing a conflagration which might spread
within the city limits or through protecting industrial or
commercial properties at which residents of the city are employed
from fire.
CHAPTER 3
ELECTIONS
Qualifications of Electors:
Section 3.1. The residents of the city having the qualifications
of electors in the State of Michigan, and no others, shall be
electors of the city.
Election Procedure:
Section 3.2. The election of all city officers shall be on a
non-partisan basis. The general election laws of the state shall
apply to and control, as near as may be, all procedures 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.
Wards and Precincts:
Section 3.3. The City of Northville shall consist of one ward.
The Council shall from time to time establish by ordinance
convenient election precincts. The precincts into which the Village
is divided on the effective date of this charter shall be the
precincts of the city until otherwise provided for by the Council.
Election Date:
Section 3.4. A regular city election shall be held on the first
Tuesday after the first Monday in November and every two years
thereafter.
Elective Officers and Terms of Office:
Section 3.5. The elective officers of the city shall be a Mayor,
four Councilmen and the Justice of the Peace. At each regular city
election there shall be elected from the city at large a Mayor for a
term of office of two years and two Councilmen for a term of office
of four years, and such additional numbers as are required to fill
vacancies in accordance with provisions of Section 5.4, all such
terms to commence on the Monday next following such election.
At the regular city election in 1957 and every second regular
city election thereafter there shall also be elected the Justice of
the Peace for a term of four years commencing on the fourth day of
July next following such election. Vacancies in office of Justice of
the Peace shall be filled in accordance with Section 5.5 of this
charter.
Special Elections:
Section 3.6. Special city elections shall be held when called by
resolution of the Council at least thirty 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. No more than two special city elections
shall be called in any one year.
Notice of Elections:
Section 3.7 Notice of the time and place of holding any city
election and of the officers to be nominated or 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 law
for the giving of notice by township or City Clerks.
Voting Hours:
Section 3.8. The polls of all elections shall be opened and
closed at the time prescribed by law for the opening and closing of
polls at state elections, subject to any statutory right of the
Council to adjust these hours to local time.
Nominations:
Section 3.9. The method of nomination of all officers provided
for in this charter which are to be filled by the electors of the
city shall be by petition. Such petitions for each candidate shall
be signed by not less than fifty nor more than seventy-five
registered electors of the city. No person shall sign his name to a
greater number of petitions for any one office than there are
persons to be elected to said office at said election. Where the
signature of any individual appears on more petitions than there are
candidates to be elected to said office, the signature of such
individual on all such petitions shall be invalidated.
Nomination petitions shall be filed with the City Clerk at his
office not earlier than September first and not later than October
first preceding the date for holding the regular annual city
election, and in case of a special election to fill a vacancy, not
later than 30 days prior to the date of the special election. No
nomination petition shall be received after 5:00 oclock P.M. ,
prevailing time on the last day fixed for receiving nomination
petitions.
Form of Petition:
Section 3.10. The form of petition shall be substantially as that
designated by the Secretary of State for the nomination of
non-partisan judicial officers. A supply of official petition forms
shall be provided and maintained by the Clerk.
Approval of Petition:
Section 3.11. The Clerk shall accept only nomination petitions
which conform with the forms provided and maintained by him, and
which, considered together, contain the required number of valid
signatures for candidates having those qualifications required for
the respective elective city offices by this charter. All petitions
shall be accompanied by the affidavit of qualifications provided for
in Section 5.1. When a petition is filed by persons other than the
person whose name appears thereon as a candidate, it may be accepted
only when accompanied by the written consent of the candidate. The
Clerk shall forthwith after the filing of a petition, notify in
writing any candidate whose petition is then known not to meet the
requirements of this section, but the failure to so notify any
candidate shall in no way prevent a final determination that the
petition does not meet such requirements. Within five days after the
last date for filing petitions, the Clerk shall make his final
determinations as to the validity and sufficiency of each nomination
petition and whether or not the candidate has the qualifications
required for his respective elective city office by this charter and
shall write his determinations thereof on the face of the petition
and shall notify in writing the candidate whose name appears thereon
of his determinations. However, no petition shall be determined to
be valid unless the affidavit of qualifications provided for in
Section 5.1 shall be filed with such petition. The names of the
candidates who file valid and sufficient nomination petitions shall
be certified by the Clerk to the Election Commission to be placed
upon the ballot for the next subsequent regular city election or at
the next special election for the filling of vacancies in office, as
the case may be.
Public Inspection of Petitions:
Section 3.12. All nomination petitions filed shall be open to
public inspection in the office of the Clerk.
Election Commission:
Section 3.13. An Election Commission is hereby created,
consisting of the Clerk, the Attorney and one member of the Council
who shall not be a candidate for elective office at the election for
which he serves as a member of the Election Commission, such member
to be appointed by the Council not less than fifteen days before
each election. The members shall serve without compensation. The
Clerk shall be chairman and two members of such board shall be a
quorum. The Commission shall appoint the Board of Election
Inspectors for each precinct and have charge of all activities and
duties required of it by statute and this charter relating to the
conduct of elections in the city. The compensation of the election
personnel shall be determined in advance by the Council. In any case
where election procedure is in doubt, the Election Commission shall
prescribe the procedure to be followed.
Form of Ballot:
Section 3.14. The form, printing and numbering of ballots or the
preparation of the voting machines used in any city election shall
conform as nearly as may be to that prescribed by statute, except
that no party designation or emblem shall appear. In all city
elections, the names of qualified candidates for each office shall
be listed under a separate heading and shall be rotated
systematically in the manner prescribed by statute for rotation of
names.
If two or more candidates for the same office have the same or
similar surnames, the Election Commission shall print the occupation
and residence address under the respective names of each of such
candidates on the ballots (or on labels or slips to be placed on
voting machines when used), provided, that for any of such
candidates who is an incumbent of such office, the occupation shall
be designated as "Incumbent". Except as provided in this section
there shall be no supplementary identification of candidates on the
ballot.
Canvass of Votes:
Section 3.15. The Clerk and the members of the City Council shall
be the board of canvassers to canvass the votes at city elections;
except that if any of such persons are candidates for office at the
election to be canvassed such person shall not serve as a canvasser
at such election. A majority of the members of such board shall be a
quorum. The board of canvassers shall convene on the Thursday next
succeeding each city election at the usual time and place of meeting
of the Council and determine the results of the city election upon
each question and proposition voted upon and what persons are duly
elected to the several offices respectively at said election, and
shall notify in writing the successful candidates of their election.
The number of candidates for each office equal to the number to be
elected to such office who receive the highest number of votes shall
be elected to such office. The Clerk shall make under the corporate
seal of the city duplicate certificates of the determination of the
board and shall file one certificate the County Clerk and the other
in his own office.
Recounts:
Section 3.16. A recount of the votes cast at any city election
for any office or upon any proposition may be had in accordance with
the general election laws of the state. Unless otherwise provided by
statute the petition for a recount of the votes cast at any city
election shall be filed with the Clerk within six days after the
board of canvassers has made its official report of the result of
the election at which such votes were cast, and any counter petition
shall be filed within twenty-four hours thereafter.
Recall:
Section 3.17. Any elected official may be recalled from office by
the electors of the city in the manner provided by statute. A
vacancy created by the recall of any elected official shall be
filled in the manner prescribed by statute.
CHAPTER 4
ORGANIZATION OF GOVERNMENT
The City Council:
Section 4.1. There shall be a City Council of five members
consisting of the elected Councilmen and the Mayor, who shall be
deemed a member of the Council for all purposes. The Council shall
constitute the legislative and governing body of the city and shall
have power and authority, except as otherwise provided in this
charter or by statute, to exercise all powers conferred upon or
possessed by the city, and shall have the power and authority to
enact and adopt such laws, ordinances, and resolutions as it shall
deem proper in the exercise thereof. In all cases where the word
"Council" is used in this charter, the same shall be synonymous with
the word "Commission", or any other term used in any statute or
federal law referring to municipal legislative or governing bodies.
Qualifications of Mayor and Councilmen:
Section 4.2. The Mayor and Councilmen shall meet the eligibility
requirements contained in Section 5.1 of this charter. The Council
shall be the sole judge of the election and qualification of its own
members, subject only to review by the courts.
Compensation of Mayor and Councilmen:
Section 4.3. The Mayor and each Councilman shall receive as
compensation $500 per year. The Mayor shall, in addition, receive
the sum of one hundred dollars per year.
Such salaries shall be paid quarterly and, except as otherwise
provided in this charter, shall constitute the only compensation
which may be paid the Mayor or Councilman for the discharge of any
official duty for or on behalf of the city during their term of
office. However, the Mayor and Councilmen, may, upon order of the
Council be paid such necessary bona fide expenses incurred in
service in behalf of the city as are authorized and itemized.
Election of Mayor Pro Tem:
Section 4.4. The Council shall at its first meeting following
each regular city election, elect one of its members to serve as
Mayor Pro Tem. for a term expiring at the first Council meeting
following the next regular city election. In the event of absence or
disability of both the Mayor and Mayor Pro Tem, the Council may
designate another of its members to serve as Acting Mayor during
such absence or disability.
Duties of Mayor:
Section 4.5. (a) Insofar as required by law, and for all
ceremonial purposes, the Mayor shall be the executive head of the
city. He shall have an equal voice and vote in the proceedings of
the Council, but shall have no veto power. He shall be the presiding
officer of the Council.
(b) The Mayor shall be a conservator of the peace, and may
exercise within the city the powers conferred upon sheriffs to
suppress riot and disorder, and shall have authority to command the
assistance of all able-bodied citizens to aid in the enforcement of
the ordinances of the city and to suppress riot and disorder.
(c) The Mayor shall execute or authenticate by his signature such
instruments as the Council, this charter, or the laws of the State
of Michigan or of the United States shall require.
(d) Except as may be required by law, the Mayor shall exercise
only such powers as this charter or the Council shall specifically
confer upon him.
(e) In the absence or disability of the Mayor, the Mayor Pro Tem
shall perform the duties of Mayor. In the absence or disability of
both, the designated Acting Mayor shall perform such duties.
Administrative Officers / City Manager:
Section 4.6. (A) The Administrative officers of the city shall be
the City Manager, Clerk, Treasurer, Assessor, Attorney, Engineer,
Chief of Police and Fire Chief and such additional administrative
officers as may be created by Ordinance. The council may combine any
administrative offices in any manner it deems necessary or advisable
for the proper and efficient operation of the city.
(B) The attorney for the city shall be appointed by the council
for an indefinite period, shall serve at the pleasure of council and
shall have his compensation fixed by council.
(C) Except as may be otherwise provided by statute or this
charter, the Council shall establish by ordinance such departments
of the city as it deems necessary or advisable and shall prescribe
therein the functions of each department and the duties, authorities
and responsibilities of the officers of each department.
(D) All personnel employed by the city who are not elected
officers of the city or declared to administrative officer by, or
under the authority of this section shall be deemed to be employees
of the city. Any employee who has been discharged or suspended,
following review and confirmation of such action by the City Manager
and any administrative officer may within ten days thereafter
petition the Council to hear the facts regarding their discharge,
and in any such case the Council may, in its sole discretion, hold a
hearing and inquire into such facts and may make such recommendation
in the matter as it considers proper.
(E-1) City Manager: Appointment; Qualifications; Compensation;
Authority; Responsibilities. The Council shall appoint a City
Manager for an indefinite term and fix compensation. The manager
shall be appointed solely on the basis of his executive and
administrative qualities. He need not be a resident of the City or
State at the time of his appointment, but may reside outside the
City while in office only with the approval of Council.
(E-2) Removal; The Council may remove the manager from office in
accordance with the following procedures:
a. The Council shall adopt by affirmative vote of a majority of
all its members a preliminary resolution which must state the
reasons for removal and may suspend the manager from duty for a
period not to exceed 45 days. A copy of the resolution shall be
delivered promptly to the manager.
b. Within five days after a copy of the resolution is delivered
to the Manager he may file with the council a written request for a
Public Hearing. This hearing to be held at a council meeting not
earlier than 15 days or later than 30 days after the request has
been filed. The Manager may file with the council a written reply
not later than 5 days before the hearing.
c. The council may adopt a final resolution of removal which may
be effective immediately by affirmative vote of a majority of all
its members at any time after 5 days from the date a copy of the
preliminary resolution was delivered to the Manager if he has not
requested a public hearing, or at any time after the public hearing
if he has requested one.
The Manager shall continue to receive his salary until the
effective date of final resolution of removal. The action of the
council in suspending or removing the manager shall not be subject
to review by any court or agency.
(E-3) Power and Duties of the City Manager: The City Manager
shall be chief administrative officer of the city. He shall be
responsible to the council for the administration of all city
affairs placed in his charge or under his charge. He shall have the
following powers and duties:
a. He shall appoint and when he deems it necessary for the good
of the city suspend, demote, discharge, or take such other
disciplinary action against all city employees, without confirmation
by council, except as provided by law, this charter, or personnel
rules adopted pursuant to this charter. He may authorize any
administrative officers he has subject to his direction and
supervision to exercise these powers with respect to subordinates in
that officers department, office or agency.
b. All administrative officers of the city, except the attorney,
shall be placed under the administrative direction of the City
Manager. He shall have the same authority over them as over other
city employees. Subject to the privilege of appeal to council as
hereinbefore set forth. Provided, however, that with respect to the
Clerk, Treasurer, Assessor and Board of Review, said administrative
officers can only be discharged by Council.
c. He shall direct and supervise the administration of all
departments, officers and agencies of the city, except as otherwise
provided by this charter or by law.
d. He shall attend all council meetings and it is his right to
take part in discussion, but may not vote.
e. He shall see that all laws, provisions of this charter and
resolutions of the council subject to enforcement by him or by
officers subject to his direction and supervision are faithfully
executed.
f. He shall prepare and submit the annual budget and capital
program to the council and make available to the public a complete
report on the finances and administrative activities of the city as
of the end of each fiscal year.
(* Section G does not exist. Typographical error on original.)
h. He shall make such other reports as the council may require
concerning the operations of city departments, officers and
agencies, subject to his direction and supervision.
i. He shall keep the council fully advised as to the financial
condition and future needs of the City and make such recommendations
to the council concerning the affairs of the city as he deems
desirable.
j. He shall perform such other duties as are specified in this
charter or may be required by the council.
(E-4) Any vacancy in the office of the City Manager shall be
filled within sixty days after the effective date of such vacancy,
or as soon thereafter as practicable.
(E-5) The council may appoint or designate an acting City Manager
during the period of vacancy in the office or during the absence of
the City Manager from the city and shall fix his compensation.
Clerk: Functions and Duties
Section 4.7 (a) The Clerk shall be the Clerk of the Council and
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. He shall give to the proper department or officials
ample notice of the expiration or termination of any franchises,
contracts or agreements.
(c) He shall certify by his signature all ordinances and
resolutions enacted or passed by the Council.
(d) He shall provide and maintain in his office a supply of forms
for all petitions required to be filed for any purpose by the
provisions of this charter.
(e) He shall be responsible for the maintenance of a system of
accounts of the city which shall conform to any uniform system
required by law and by the Council and to generally accepted
principles and procedures of governmental accounting. He shall make
monthly financial statements to the Council. The Council may
however, provide for the responsibility of the maintenance of
accounts of the city by some officer other than the Clerk.
(f) He shall have power to administer oaths of office.
(g) He shall perform such other duties as may be prescribed for
him by this charter or by the Council.
Treasurer: Functions and Duties:
Section 4.8 (a) The Treasurer shall have the custody of all
moneys of the city and all evidences of indebtedness belonging to
the city or held in trust by the city.
(b) He shall collect all moneys of the city the collection of
which is not provided for elsewhere by charter or ordinance. He
shall receive from other officers and employees of the city all
money belonging to and receivable by the city that may be collected
by such officers and employees, including fines, license fees,
taxes, assessments and all other charges.
All money shall be turned over to the treasurer after collection
or receipt, and he shall in all cases give a receipt therefor. He
shall disburse all city funds in accordance with the provisions of
state law, this charter and procedures to be established by the
Council.
(c) He shall keep and deposit all money or funds in such manner
and only in such places as the Council may determine and shall
report the same in detail to the Clerk.
(d) 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 upon township
treasurers in connection with state, county, township and school
district taxes upon real and personal property.
(e) He shall perform such other duties as may be prescribed for
him by this charter or by the Council.
Assessor: Functions and Duties:
Section 4.9. The Assessor shall possess all the powers vested in,
and shall be charged with all the duties imposed upon, assessing
officers by the general laws of the state. He shall prepare all
regular and special assessment rolls in the manner prescribed by
this charter, by ordinance and by the general laws of the state.
He shall perform such other duties as may be prescribed for him
by this charter or by the Council.
Attorney: Functions and Duties:
Section 4.10. (a) The Attorney shall act as legal adviser to, and
attorney and counsel for, the Council. He shall advise any officer
or department head of the city in matters relating to his official
duties when so requested by the Council, and shall file with the
Clerk a copy of all written opinions given by him.
(b) He shall conduct for the city such cases in court and before
other legally constituted tribunals as the Council may request. He
shall file with the Clerk copies of such records and files relating
thereto as the Council may direct.
(c) He shall prepare or review all ordinances, contracts, bonds
and other written instruments which are submitted to him by the
Council and shall promptly give his opinion as to the legality and
form thereof.
(d) He shall call to the attention of the Council all matters of
law, and changes or developments therein, affecting the city.
(e) He shall perform such other duties as may be prescribed for
him by this charter or by the Council.
(f) Upon the recommendation of the Attorney, or upon its own
initiative, the Council may retain special legal counsel to handle
any matter in which the city has an interest, or to assist and
counsel with the Attorney therein.
Attorney: Compensation
Section 4.11. The compensation set by the Council for the
Attorney shall be in contemplation of normal duties of that office.
Special compensation may be provided at the discretion of the
Council in cases of appeals to, or litigation commenced in, the
Federal Courts, the Circuit Court or State Supreme Court, work
requiring extensive hearings before quasi-judicial or administrative
tribunals, for legal work in connection with the issuance of bonds
of the city, for condemnation proceedings, or for other matters
outside the scope of his normal duties. No such special compensation
shall be paid except in accordance with an agreement between the
city and the Attorney made before the service for which such special
compensation is to be paid has been rendered.
Independent Boards:
Section 4.12. The Council may provide by ordinance for the
following advisory boards or commissions: Planning, zoning, zoning
appeal, cemetery, health and welfare, parks and recreation,
hospital, civil service or merit system, public housing, civil
defense, or other activities which by statute are required to be
administered by a board or commission.
CHAPTER 5
GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY
Eligibility for Office in the City:
Section 5.1. No person shall hold any elective office of the city
unless he has been a resident of the city or village for at least
two years immediately prior to the last day for filing petitions for
such office and is also a qualified and registered elector of the
city on such day and throughout his tenure of office.
No person shall be eligible for any elective or appointive city
office who is in default to the city or to any other governmental
unit of the state. The holding of office by any person who is in
such default shall create a vacancy unless such default shall be
cured within thirty days after written notice thereof by the Council
or unless such person shall in good faith be contesting the
liability for such default.
Each candidate for elective office shall file with his petition
his affidavit that he possesses the qualifications for such office
provided in this section. Failure to file such affidavit shall
invalidate his petition.
The Council shall be the sole judge of the election and
qualification of its own members.
Each member of a city board or commission created by, or pursuant
to, this charter shall have been a resident of this city or village
for at least two years prior to the day of his appointment and shall
be a qualified and registered elector of the city on such day and
throughout his tenure of office.
All administrative officers shall be United States citizens.
No incumbent elective city officer shall become a candidate for
any elective city office, except to succeed himself, without first
resigning from his then incumbent elective city office. Provided,
that the provisions hereof shall not apply to any incumbent elective
city officer whose term of office will expire with the election at
which he is to be a candidate for another elective city office.
Vacancies in Office;
Removal from Office:
Section 5.2. Any elective city office shall be declared vacant by
the Council upon the occurrence of any of the following events
before the expiration of the term of such office:
(a) For any reason specified by statute or by this charter as
creating a vacancy in office;
(b) If no person is elected to, or qualifies for, the office at
the election at which such office is to be filled;
(c) If the officer shall be found guilty by a competent tribunal
of any act constituting misconduct in office under the provisions of
this charter;
(d) If the officer shall absent himself continuously from the
city for more than thirty consecutive days in any one year without
the permission of the Council;
(e) In the case of any members of the Council, if such officer
shall miss four consecutive regular meetings of the Council, or
twenty-five percent of such meetings in any fiscal year of the city,
unless such absences shall be excused by the Council and the reason
therefore entered in the proceedings of the Council at the time of
each absence;
(f) If the officer is removed from office by the Council in
accordance with the provisions hereinafter set forth.
The office of any member of any board or commission created by,
or pursuant to, this charter shall be declared vacant by the
Council:
(a) For any reason specified by statute or by this charter as
creating a vacancy in office;
(b) If the officer shall be found guilty by a competent tribunal
of any act constituting misconduct in office under the provisions of
this charter;
(c) If such officer shall miss four consecutive regular meetings
of such board or commission, or twenty-five per cent of such
meetings in any fiscal year of the city, unless such absences shall
be excused by such board or commission and the reason therefor
entered in the proceedings of such board or commission at the time
of each absence.
(d) If the officer is removed from office by the Council in
accordance with the provisions hereinafter set forth.
Removals of officers by the Council shall be made for either of
the following reasons: (1) for any reason specified by statute for
removal of city officers by the governor; (2) for misconduct in
office under the provisions of this charter. Such removals by the
Council shall be made only after hearing of which such officer has
been given notice by the Clerk at least ten days in advance, either
personally or by delivering the same at his last known place of
residence. Such notice shall include a copy of the charges against
such officer. The hearing shall afford an opportunity to the
officer, in person or by attorney, to be heard in his defense, to
cross-examine witnesses and to present testimony. If such officer
shall neglect to appear at such hearing and answer such charges, his
failure to do so may be deemed cause for his removal. A majority
vote of the members of the Council in office at the time, exclusive
of any member whose removal is being considered, shall be required
for any such removal.
Resignation:
Section 5.3. Resignations of elective officers shall be made in
writing and filed with the Clerk and shall be acted upon by the
Council at its next regular meeting following receipt thereof by the
Clerk. Resignations of appointive officers shall be made in writing
to the appointing officer or body and shall be acted upon
immediately.
Filling Vacancies in Elective and Appointive Offices:
Section 5.4 (a) Vacancies in elective offices other than Justice
of the Peace shall be filled by appointment by the Council, of a
person possessing the qualifications for the office. Any person
appointed to a vacancy in any such elective offices shall hold
office until such vacancy is filled at the next regular city
election. If three or more vacancies exist simultaneously in the
positions of Mayor and Councilmen, the Clerk shall within 10 days
thereafter call a special election to be held within 60 days to fill
such vacancies for the unexpired terms of the officers whose offices
have become vacant.
The provisions of this Section shall not apply to filling of
vacancies resulting from recall.
(b) Vacancies in appointive offices shall be filled in the manner
provided for making the original appointment.
Filling Vacancies in the Office of Justice of the Peace:
Section 5.5 (a) Vacancies in the office of Justice of the Peace
occurring 60 days or more before any regular city election shall be
filled by appointment by a majority vote of the members of the
Council then in office for a term expiring on the Monday following
the next regular city election. At such election such vacancy shall
be filled for the unexpired term of office through the regular
election procedure as provided in Chapter 3 and the Justice so
elected shall take office on the Monday following such election. (b)
Vacancies in the office of Justice of the Peace occurring less than
60 days before any regular city election shall be filled by
appointment by a majority vote of the members of the Council then in
office for a term expiring on the Monday following the next
succeeding regular city election. At such election such vacancy
shall be filled for the unexpired term of office through the regular
election procedure as provided in Chapter 3 and the Justice so
elected shall take office on the Monday following such election.
(c) The provisions of this Section shall not apply to the filling
of vacancies resulting from recall.
Change in Term of Office or Compensation:
Section 5.6. Except by procedures provided in this charter, the
terms of office of the elective officers and of members of boards
and commissions appointed for a definite term shall not be
shortened. The terms of elective officers shall not be extended
beyond the period for which any such officer was elected except that
an elective officer shall, after his term has expired, continue to
hold office until his successor is elected and has qualified. The
Council shall not grant or authorize extra compensation to any
officer or employee after his service has been rendered. The salary
of any elective officer shall not be increased or decreased from the
time of his election until the end of the term of office for which
he was elected.
Oath of Office and Bond:
Section 5.7 Every officer, elective or appointive, before
entering upon the duties of his office, shall take the oath of
office prescribed for public officers by the Constitution of the
State and shall file the oath with the Clerk, together with any bond
required by statute, this charter or by the Council. In case of
failure to comply with the provisions of this section within ten
days from the date he is notified in writing of his election or
appointment, such officer shall be deemed to have declined the
office and such office shall thereupon become vacant unless the
Council shall, by resolution, extend the time in which such officer
may qualify as above set forth.
Surety Bond:
Section 5.8. Except as otherwise provided in this charter, all
officers of the city whose duties involve the custody of public
property or the handling of public funds, either by way of receipt
or disbursement or both, and all other officers and employees so
required by the Council, shall, before they enter upon the duties of
their respective offices, file with the city an official bond, in
such form and amount as the Council shall direct and approve. Such
official bond of every officer and employee shall be conditioned
that he will faithfully perform the duties of his office, and will
on demand by the Council deliver over to his successor in office, or
other proper officer or an agent of the city, all books, papers,
moneys, effects and property belonging thereto, or appertaining to
his office, which may be in his custody as officer or employee; and
such bonds may be further conditioned as the Council shall
prescribe. The official bond of every officer whose duty it may be
to receive or pay out money, besides being conditioned as above
required, shall be further conditioned that he will, on demand, pay
over or account for to the city, or any proper officer or agent
thereof, all moneys received by him as such officer or employee. The
requirements of this paragraph may be met by the purchase of one or
more appropriate blanket surety bonds covering all, or a group of,
city employees and officers.
All official bonds shall be corporate surety bonds and the
premiums thereon shall be paid by the city. All bonds of all
officers or employees shall be filed with the Clerk, except that any
bond pertaining solely to the Clerk shall be filed with the
Treasurer.
Delivery of Office:
Section 5.9. Whenever any officer or employee shall cease to hold
such office or employment for any reason whatsoever, he shall within
five days and sooner on demand, deliver to his successor in office
or to his superior all the books, papers, moneys and effects in his
custody as such officer or employee.
Any officer violating this provision may be proceeded against in
the same manner as public officers generally for a like offense
under statute. Any employee found guilty of violating this provision
by a court of competent jurisdiction may be punished by a fine of
not to exceed five hundred dollar or imprisonment for not to exceed
ninety days or both in the discretion of the court.
Financial Interest Prohibited:
Section 5.10. (a) Except as permitted by this section no contract
or purchase involving an expenditure of city funds shall be made by
the city in which any elective or appointive officer, (except a
member of a city board or commission created by or pursuant to this
charter), or any member of his family has any financial interest,
direct or indirect, other than the common public interest. A
"contract" shall for the purposes of this section include any
arrangement or agreement pursuant to which any material, service or
other thing of value is to be furnished to the city for a valuable
consideration to be paid by the city, or sold or transferred by the
city, except the furnishing of personal services as an officer or
employee of the city; and the term "member of his family" shall
include only spouse, child, grandchild, father, mother, sister,
brother and the spouse of any of them.
(b) Without limiting the generality of paragraph (a) of this
section, an officer shall be deemed to have a financial interest in
a contract if he or any member of his family is an employee,
partner, officer, director or sales representative of the person,
firm or corporation with which such contract is made or of a sales
representative of such person, firm or corporation. Ownership,
individually or in a fiduciary capacity, by an officer or member of
his family of securities, or of any beneficial interest in
securities, of any corporation with which a contract is made or
which is a sales representative of any person, firm or corporation
with which such contract is made, shall not be deemed to create a
financial interest in such contract unless the aggregate amount of
such securities, or interest in such officer and the members of his
family, shall amount to ten per cent of any class of the securities
of such corporation then outstanding.
(c) A contract in which an officer or member of his family has a
financial interest may be made by the city if the members of the
Council having no such interest shall unanimously determine that the
best interests of the city will be served by the making of such
contract and if either such contract is made after competitive
prices are obtained or if the members of the Council having no such
interest shall unanimously determine that the obtaining of
competitive prices is not feasible in such particular case. Any
Council member may evidence his participation in either
determination required by this paragraph by vote at a Council
meeting or by written instrument filed with the Clerk.
(d) Any officer who knowingly permits the city to enter into any
contract in which he has a financial interest without disclosing
such interest to the Council prior to the action of the Council in
authorizing such contract, shall be guilty of misconduct in office.
Except in the instances specified in paragraph (c) of this section,
the unanimous determination (by vote or written instrument) of all
members of the Council that in a particular case an officer or
member of his family will not have a financial interest in any
contract or purchase to be entered into by the city shall be final
and conclusive in the absence of fraud or misrepresentation.
(e) No officer shall stand as surety on any bond to the city or
give any bail for any other person which may be required by the
charter or any ordinance of the city. Any officer of the city who
violates the provisions of this paragraph shall be guilty of
misconduct in office.
Compensation of Employees and Officers:
Section 5.11. (a) The compensation of all employees and officers
of the city whose compensation is not provided for herein shall be
fixed by the appointing officer or body within the limits of budget
appropriations and in accordance with any pay plan adopted by the
Council.
(b) Except for the statutory fees paid to Constables, the
respective salaries and compensation of officers and employees as
fixed by, or pursuant to, this charter shall be in full for all
official services of such officers or employees and shall be in lieu
of all fees, commissions and other compensation receivable by such
officers or employees for their services.
Such fees, commissions and compensation shall belong to the city
and shall be collected and accounted for by such officers or
employees, and be paid into the city treasury and a statement
thereof filed periodically with the City Clerk. The provisions of
paragraph (b) of this section shall not apply to fees, commissions
or other compensation paid by the Counties of Wayne and Oakland to
any officer or employee serving as a city representative on the
Board of Supervisors who is not a full time officer or employee of
the city.
(c) Nothing contained in this section shall prohibit the payment
of necessary bona fide expenses incurred in service in behalf of the
city.
Employee Welfare Benefits:
Section 5.12 The Council shall have the power to adopt and make
available to the administrative officers and employees of the city
and its departments and boards any recognized standard plan of group
life, hospital, health or accident insurance or any recognized
retirement plan.
Anti-Nepotism:
Section 5.13. The following relatives and their spouses (1) of
any elective official or of his spouse, or (2) of the City Manager
(if and when said office has been created and filled) or of his
spouse are disqualified from holding any appointive office or any
employment during the term for which said elective official was
elected or during the tenure of office of the City Manager,
respectively: child, grandchild, parent, grandparent, brother,
sister, half brother and half sister. All relationships shall
include those arising from adoption. This section shall in no way
disqualify such relatives or their spouses who are bona fide
appointive officers or employees of the city at the time of the
election of said elective official or appointment of said City
Manager, respectively.
Merit System; Civil Service:
Section 5.14. The Council may provide for a merit or civil
service system for city employees.
CHAPTER 6
THE COUNCIL: PROCEDURE AND MISCELLANEOUS POWERS AND DUTIES
Regular Meetings:
Section 6.1 The Council shall provide by resolution for the time
and place of its regular meetings and shall hold at least two
regular meetings each month. a regular meeting shall also be held on
the Monday following each regular election.
Special Meetings:
Section 6.2. Special meetings shall be called by the Clerk on the
written request of the Mayor or any two members of the Council on at
least twenty-four hours written notice to each member of the Council
served personally or left at his usual place of residence; but a
special meeting may be held on shorter notice if all members of the
Council are present or have waived notice thereof in writing.
Business of Special Meetings:
Section 6.3. No business shall be transacted at any special
meeting of the Council unless the same has been stated in the notice
of such meeting. However, any business which might lawfully come
before a regular meeting may be transacted at such special meeting
if all the members present consent thereto and all the members
absent file their written consent.
Meetings to be Public:
Section 6.4 All regular and special meetings of the Council shall
be open to the public and citizens shall have a reasonable
opportunity to be heard.
Quorum; Adjournment of Meeting:
Section 6.5. A majority of the members of the Council in office
shall be a quorum for the transaction of business at all meetings of
the Council but in the absence of a quorum a lesser number may
adjourn any meeting to a later date, and in the absence of all
members the Clerk may adjourn any meeting to a date not later than
one week thence.
Compulsory Attendance and Conduct at Meetings:
Section 6.6. Any three or more members of the Council may by vote
either request or compel the attendance of its members and other
officers of the city at any meeting. Any member of the Council or
other officer who when notified of such request for his attendance
fails to attend such meeting for reasons other than confining
illness or absence from the Counties of Wayne or Oakland shall be
deemed guilty of misconduct in office unless excused by the Council.
The presiding officer shall enforce orderly conduct at meetings and
any Councilman or other officer who shall fail to conduct himself in
an orderly manner at any meeting shall be deemed guilty of
misconduct in office.
Any police officer designated by the presiding officer of the
meeting shall serve as the Sergeant-at-arms of the Council in the
enforcement of the provisions of this section.
Rules and Organization of the Council:
Section 6.7. The Council shall determine its own rules and order
of business subject to the following provisions:
(a) A journal of the proceedings of each meeting in the English
language shall be kept by the Clerk and shall be signed by the
presiding officer and clerk of the meeting.
(b) A vote upon all ordinances and resolutions shall be taken by
"Yes" and "No" vote and entered upon the records, except that where
the vote is unanimous it shall only be necessary to so state.
(c) No Councilman shall vote on any question in which he has a
financial interest, other than the common public interest, or on any
question concerning his own conduct, but on all other questions each
member who is present shall vote when his name is called unless
excused by unanimous consent of the remaining members present. Any
member refusing to vote except when not so required by this
paragraph shall be guilty of misconduct in office.
(d) In all roll call votes the names of the members of the
Council shall be called in alphabetical order, and the name to be
called first shall be advanced one position alphabetically in each
successive roll call.
(e) Any standing committee of the Council shall be composed of at
least two members. The Council shall not assign the administration
of any department or agency of the city to any member or committee
of the Council.
Providing for Public Health and Safety:
Section 6.8. The Council shall see that provision is made for the
public peace and health, and for the safety of persons and property.
Unless and until the Council shall by ordinance provide for a
separate board of health, the Council shall constitute the Board of
Health of the city, and it and its officers shall possess all power,
privileges and immunities granted to boards of health by statute.
Investigations:
Section 6.9. The Council or any person or committee authorized by
it for the purpose, shall have power to inquire into the conduct of
any department, office or officer and to make investigations as to
matters in which the municipality has an interest. The Council, for
the purposes stated herein, may summon witnesses, administer oaths
and compel the attendance of witnesses and the production of books,
papers and other evidence.
Failure on the part of any officer to obey such summons or to
produce books, papers and other evidence as ordered under the
provisions of this section shall constitute misconduct in office.
Failure on the part of any employee or other person to obey such
summons or to produce books, papers or other evidence as ordered
under the provisions of this section shall constitute a violation of
this charter and such employee when found guilty of such violation
by a competent tribunal may be punished by a fine of not to exceed
five hundred dollars or imprisonment not to exceed ninety days or
both in the discretion of the court.
It is provided further that, in case of failure on the part of
any person to obey such summons or to produce such books, papers and
other evidence as so ordered, the Council may invoke the aid of the
Circuit Court of Wayne or Oakland County in requiring obeyance of
such summons or production of such books, papers and other evidence.
The Circuit Court of Wayne or Oakland County in case of contumacy or
refusal to obey such summons or to produce such books, papers and
other evidence, may issue an order requiring such person to obey
such summons or to produce such books, papers and other evidence
touching the matter in question, and any failure to obey such order
of the Court may be punished by such Court as contempt thereof.
CHAPTER 7
LEGISLATION
Prior City Ordinances and Regulations:
Section 7.1. All bylaws, ordinances, resolutions, rules and
regulations of the Village which are not inconsistent with this
charter and which are in force and effect on the effective date of
this charter shall continue in full force and effect as bylaws,
ordinances, resolutions, rules and regulations of the city until
repealed or amended. If any such ordinance, resolution, rule or
regulation provides for the appointment of any officers or any
members of any board or commission by the Village President, such
officers or members of any board or commission shall, after the
effective date of this charter, be appointed by the Council.
Ordinances and Resolutions:
Section 7.2. All official action of the Council shall be by
ordinance, resolution, motion or order. Action by resolution, motion
or order shall be limited to matters required or permitted to be so
done by the charter, or by state of federal law or pertaining to the
internal affairs or concerns of the city government. All other acts
of the Council, and all acts carrying a penalty for the violation
thereof, shall be by ordinance. Each ordinance shall be identified
by a short title and by a serial number (or a code section number if
a codification of city ordinance exists).
Each proposed ordinance shall be introduced in written or printed
form. The style of all ordinances passed by the Council shall be,
"The City of Northville ordains:".
Enactment, Amendment, Repeal and
Effective Date of Ordinances:
Section 7.3. Subject to the exceptions which follow hereafter,
(1) ordinances may be enacted, amended or repealed by the
affirmative vote of not less than 3 members of the Council, (2) no
ordinance shall be enacted or amended or repealed by the Council
until two weeks after the meeting at which it was introduced and
until after publication of the proposed ordinance or amendment or
repeal, or summary thereof, and (3) the effective date of all
ordinances shall be prescribed therein but the effective date shall
not be earlier than ten days after the enactment nor before
publication thereof.
It is provided, however, that an ordinance which is declared
therein to be an emergency ordinance which is immediately necessary
for the preservation of the public peace, health or safety may be
enacted at the meeting at which it is introduced or otherwise before
publication of the proposed ordinance or amendment, or summary
thereof, or may be given earlier effect than ten days after its
enactment, or both, by the affirmative votes of not less than four
members of the Council if four or five members of the Council are
present at the meeting at which it is enacted or by the affirmative
vote of not less than three members of the Council if only three
members of the Council are present at the meeting at which it is
enacted.
In case an ordinance is given effect earlier than ten days after
its enactment, the requirements for publication before such
ordinances becomes operative may be met by posting copies thereof in
conspicuous location in three public places in each voting precinct
of the city; and the Clerk shall, immediately after such posting,
enter in the Ordinance Book under the record of the ordinance a
certificate under his hand stating the time and place of such
publication by posting, which certificate shall be prima facie
evidence of such publication by posting of the ordinance. Such
ordinance shall also be published in accordance with Section 7.4 but
not as a requirement for the effectiveness thereof.
No ordinance granting any public utility franchise shall be
enacted except in accordance with the provisions of Section 13.2
No ordinance shall be revised or amended by reference to the
title only, but the section or sections of the ordinance revised or
amended shall be re-enacted and published. However, an ordinance or
section thereof may be repealed by reference to its title and
ordinance or code number only.
Publication and Recording of Ordinances:
Section 7.4. Each ordinance shall be published within ten days
after its enactment in one of the following two methods: (a) The
full text thereof may be published in a newspaper as defined in
Section 16.7 or (b) in cases of ordinances over five hundred words
in length a digest, summary or statement of purpose of the
ordinance, approved by the Council may be published in a newspaper
as defined in Section 16.7 either separately or as part of the
published Council proceedings or summary thereof, including with
such newspaper publication a notice that printed copies of the full
text of the ordinance are available for inspection by and
distribution to the public at the office of the Clerk; if method (b)
is used, then printed copies shall promptly be so made available as
stated in such notice.
All ordinances shall be recorded by the Clerk in a book to be
called "The Ordinance Book", and it shall be the duty of the Mayor
and Clerk to authenticate such records by their official signatures
thereon but the failure to so record and authenticate any such
ordinance shall not invalidate it or suspend its operation.
Penalties for Violations of Ordinances:
Section 7.5. The Council may provide in any ordinance for the
punishment of those who violate its provisions. The punishment for
the violation of any city ordinance shall not exceed a fine of five
hundred dollars or imprisonment for ninety days, or both in the
discretion of the court.
Vacating of Public Places:
Section 7.6. Council action to vacate, discontinue or abolish any
highway, street, lane, alley or other public place, or part thereof,
shall be by resolution. After the introduction of such resolution
and before its final adoption, the Council shall appoint a time when
it shall meet and hear objections thereto; and notice of the time,
place and purpose of such meeting shall be published either
separately or as part of any published proceedings of the Council.
Requirement of Three Votes for Certain Actions:
Section 7.7. Unless by the affirmative vote of three members of
the Council, no office shall be created or abolished, no tax or
assessment shall be imposed, no street, lane, alley or other public
place shall be vacated or discontinued or abolished, no real estate
or any interest therein shall be sold or disposed of, no action
shall be taken to condemn private property for public use, no money
shall be appropriated nor shall any vote of the Council be
reconsidered or rescinded.
Technical Codes Adopted by Reference:
Section 7.8 Subject to the provisions of this section, the
Council may adopt as a city ordinance or code by reference thereto
in an adopting ordinance, in whole or part, provisions of (a) any
Michigan statute or (b) any detailed technical regulations
promulgated or enacted by (1) any state or federal agency, (2) by
any municipality, or (3) by any organization or association which
has developed a recognized standard code or set of such technical
regulations. Such adopting ordinance shall clearly identify and
state the purpose of the provisions or regulations so adopted. Where
any ordinance or code, or amendment thereto, adopting provisions by
reference is enacted, all requirements for its publication may be
met, other provisions of this charter notwithstanding, by (1)
publishing the ordinance citing such provisions in the manner
provided by this charter for the publication of other city
ordinances and including as part of such publication a notice that
printed copies of the provisions so cited are available for
inspection by and distribution to the public at the office of the
Clerk and (2) so making copies available for public inspection and
for distribution to the public at a reasonable charge.
Severability of Ordinance:
Section 7.9 Unless an ordinance shall expressly provide to the
contrary, if any portion of an ordinance or the application thereof
to any person or circumstances shall be found to be invalid by a
court, such invalidity shall not affect the remaining portions or
applications of the ordinance which can be given effect without the
invalid portion or application provided such remaining portions or
applications are not determined by the court to be inoperable, and
to this end ordinances are declared to be severable.
Compilation and Codification of Ordinances:
Section 7.10. Immediately after the effective date of this
charter, and at least once in every ten years thereafter, the
Council shall direct the compilation or codification and printing in
loose-leaf or pamphlet form of all ordinances of the city then in
force. Such compilation or codification shall be completed within
one year thereafter. Any such codification may include provisions
not previously contained in ordinances of the city. All requirements
for publication of such compilation or codification, and of the
ordinances contained therein, other provisions of this charter
notwithstanding, may be met by making copies thereof available for
inspection by, and distribution to, the public at a reasonable
charge and by publishing notice of the printing and availability
thereof.
The copies of the ordinances and of any compilation, code or
codes referred to in the charter may be certified by the Clerk and
when so certified shall be competent evidence in all courts and
legally established tribunals as to the matter contained therein.
Initiative and Referendum:
Section 7.11. An ordinance may be initiated by petition, or a
referendum on an ordinance enacted by the Council may be had by
petition, as hereinafter provided.
Initiatory and Referendary Petitions:
Section 7.12. An initiatory or referendary petition shall be
signed by not less than ten per cent of the registered electors of
the city, as of the date of filing the petition, and all signatures
on said petition shall be obtained within twenty-one days before
the date of filing the petition with the Clerk. Any such petition
shall be addressed to the Council. No such petition need be on one
paper, but may be the aggregate of two or more petition papers
identical as to contents. An initiatory petition shall set forth in
full the ordinance it proposes to initiate, and no petition shall
propose to initiate more than one ordinance. A referendary petition
shall identify the ordinance or code sections it proposes to have
repealed.
Each signer of a petition shall sign his name, and shall place
thereon, after his name, the date and his place of residence by
street and number, or by other customary designation. To each
petition paper there shall be attached a sworn affidavit by the
circulator thereof, stating the number of signers thereof and that
each signature thereon is the genuine signature of the person whose
name it purports to be, and that it was made in the presence of the
affiant. Such petition shall be filed with the Clerk who shall,
within fifteen days, canvass the signatures thereon. If the petition
does not contain a sufficient number of signatures of registered
electors of the city, the Clerk shall notify forthwith the person
filing such petition and fifteen days from such notification shall
be allowed for the filing of supplemental petition papers. When a
petition with sufficient signatures is filed within the time allowed
by this section, the Clerk shall present the petition to the Council
at its next regular meeting.
Council Procedure on Initiatory and Referendary Petitions:
Section 7.13. Upon receiving an initiatory or referendary
petition from the Clerk, the Council shall, within thirty days,
unless otherwise provided by law, either;
(a) Adopt the ordinance as submitted by an initiatory petition;
(b) Repeal the ordinance referred to by a referendary petition:
or
(c) Determine to submit the proposal provided for in the petition
to the electors.
Submission of Initiatory and referendary Ordinances to Electors:
Section 7.14 Should the Council decide to submit the proposal to
the electors, it shall be submitted at the next election held in the
city for any other purpose, or, in the discretion of the Council, at
a special election called for that specific purpose. In the case of
an initiatory petition, if no election is to be held in the city for
any other purpose within one hundred and fifty days from the time
the petition is presented to the Council and the Council does not
adopt the ordinance, then the Council shall call a special election
within sixty days from such time for the submission of the
initiative proposal. The result shall be determined by a majority
vote of the electors voting thereon, except in cases where otherwise
required by general laws of the State of Michigan.
Ordinance Suspended; Miscellaneous Provisions on Initiatory and
Referendary Ordinances:
Section 7.15. The presentation to the Council by the Clerk of a
valid and sufficient referendary petition, containing a number of
signatures equal to twenty-five percent of the registered electors
of the city shall automatically suspend the operation of the
ordinance in question pending repeal by the Council or final
determination by the electors.
An ordinance adopted by the electorate through initiatory or
referendary proceedings shall not be amended or repealed, nor shall
an ordinance repealed by the electorate be reenacted, unless and
until the electorate shall have approved any such action. Any
ordinance may be adopted, amended or repealed by appropriate
referendary or initiatory proceedings instituted in accordance with
the provision of this chapter or upon submission to the electorate
by the Council, upon its own motion.
If two or more ordinances adopted at the same election have
conflicting provisions, the provisions in the ordinance receiving
the highest number of affirmative votes shall govern.
CHAPTER 8
GENERAL FINANCE BUDGET, AUDIT, PURCHASING
Fiscal Year:
Section 8.1. The fiscal year of the city and of all its agencies
shall begin on the first day of July of each year and end on the
thirtieth day of June of the following year.
Budget Procedures:
Section 8.2. The Council shall designate one of the
administrative officers of the city as Budget Officer. Each board,
commission, officer and department head shall submit his recommended
budget with supporting explanation for the next fiscal year to the
Budget Officer on or before March 15 in each year.
The budget Officer shall prepare and submit to the Council, on or
before the first regular meeting in April of each year, a budget
document covering the next fiscal year tabulating the
recommendations of the several department heads and officials, and
shall include therein at least the following information:
(a) Detailed estimates, with supporting explanations, of all
proposed expenditures for each department and office of the city,
together with the expenditures for corresponding items for the last
preceding fiscal year in full and for the current fiscal year to
March 1 and estimated expenditures for the balance of the current
fiscal year.
(b) Statements of the bonded and other indebtedness of the city,
showing the debt redemption and interest requirements, the debt
authorized and unissued and the condition of sinking funds, if any;
(c) Detailed estimates of all anticipated revenues of the city
from sources other than taxes, with a comparative statement of the
amounts received by the city from each of the same or similar
sources for the last preceding fiscal year in full and for the
current fiscal year to March 1 and estimated revenues for the
balance of the current fiscal year.
(d) A statement of the estimated balance or deficit for the end
of the current fiscal year;
(e) an estimate of the amount of money to be raised from current
and delinquent taxes and the amount to be raised from bond issues
which, together with any available unappropriated surplus and any
revenues from other sources, will be necessary to meet the proposed
expenditures;
(f) Such other supporting information as the Council may request.
Budget Hearing:
Section 8.3. A public hearing on the proposed budget shall be
held before its final adoption at such time and place as the Council
shall direct. Notice of such public hearing, a summary of the
proposed budget and notice that the proposed budget is on file in
the office of the Clerk shall be published at least one week in
advance of the hearing. The complete proposed budget shall be on
file for public inspection during office hours at the office of the
Clerk for a period of not less than one week prior to such public
hearing.
Adoption of Budget:
Section 8.4. Not before April fifteenth nor later than the third
Monday in May in each year, the Council shall by resolution adopt a
budget for the next fiscal year, shall appropriate the money needed
for municipal purposes during the next fiscal year of the city and
shall provide for a levy of the amount necessary to be raised by
taxes upon real and personal property for municipal purposes subject
to the limitations contained in Section 9.1.
Budget Control:
Section 8.5. Except for purposes which are to be financed by the
issuance of bonds or by special assessment, or for other purposes
not chargeable to a budget appropriation, no money shall be drawn
from the treasury of the city without an appropriation thereof, nor
shall any obligation for the expenditure of money be incurred
without an appropriation covering all payments which will be due
under such obligation in the current fiscal year. The Council by
resolution may transfer any unencumbered appropriation balance, or
any portion thereof, from one department, fund or agency to another.
In the case of emergency endangering the public health, peace or
safety, the Council may make additional appropriations to cover
unanticipated expenditures required of the city because of such
emergency.
At the beginning of each quarterly period during the fiscal year,
and more often if required by the Council, the officer responsible
for the maintenance of the city accounting system shall submit to
the Council data showing the relation between the estimated and
actual revenues and expenditures to date; and if it shall appear
that the revenues are less than anticipated, the Council may reduce
appropriations, except amounts required for debt and interest
charges, to such a degree as may be necessary to keep expenditures
within the revenues.
The balance in any appropriation which has not been encumbered at
the end of the fiscal year shall, subject to statutory restrictions,
revert to the general fund.
Depository:
Section 8.6. The Council shall designate depositories for city
funds, and shall provide for the regular deposit of all city moneys.
The Council shall provide for such security for city deposits as is
authorized or permitted by statue except that personal surety bonds
shall not be deemed proper security.
Independent Audit:
Annual Report:
Section 8.7. An independent audit shall be made of all city
accounts at least annually, and more frequently if deemed necessary
by the Council. Such audit shall be made by Certified Public
Accountants experienced in municipal accounting selected by the
Council
The Clerk, or such other officers as the Council may designate,
shall prepare an annual report of the affairs of the city including
a financial report which shall be available for inspection at the
office of the Clerk.
Purchase and Sale of Property:
Section 8.8. The Council shall designate one of the
administrative officers of the city as Purchasing Agent, and he
shall be responsible for the purchase and sale of all city property.
Competitive prices for all purchases and public improvements shall
be obtained, except when no advantage to the city would result from
such procedure. All purchases and sales shall be evidenced by
written contract or purchase order. The Council shall establish by
ordinance detailed procedure for purchases and sales. It may
authorize the Purchasing Agent to make purchases and sales within
the prescribed dollar limit established by ordinance without prior
approval of the Council. In all sales or purchases in excess of the
dollar limit established by ordinance, the sale or purchase shall be
submitted to and approved by the Council, and in all such cases
formal sealed bids shall be obtained except in cases in which the
Council determines by formal unanimous resolution of those present
that no advantage to the city would result from competitive bidding,
and in all sales or purchases in excess of the dollar limit
established by ordinance the requirements of Section 16.6 shall be
complied with. The Council may authorize the making of public
improvements or the performing of any other city work by any city
agency or department without competitive bidding. The city may not
sell any park or any part thereof unless approved by three-fifths of
the electors voting thereon at any general or special election.
CHAPTER 9
TAXATION
Power to Tax; Tax Limit:
Section 9.1. The city shall have the power to assess taxes and
levy and collect rents, tolls and excises. Exclusive of any levies
authorized by statute to be made beyond charter tax rate
limitations, the annual ad valorem tax levy shall not exceed two
percent of the assessed value of all real and personal property
subject to taxation in the city.
Subject of Taxation:
Section 9.2. The subjects of ad valorem taxation for municipal
purposes shall be the same as for state, county and school purposes
under the general law. Except as otherwise provided by this charter,
city taxes shall be levied, collected and returned in the manner
provided by statute.
Exemptions:
Section 9.3. No exemption from taxation shall be allowed except
as expressly required or permitted by statute.
Tax Day:
Section 9.4. Subject to the exceptions provided or permitted by
statute, the taxable status of persons and property shall be
determined as of the first day of January, which shall be deemed tax
day.
Preparation of the Assessment Roll:
Section 9.5. On or before the first Monday in March in each year
the Assessor shall prepare and certify an assessment roll of all
property in the city subject to taxation. Such roll shall be
prepared in accordance with statute and this charter. Values shall
be estimated according to recognized methods of systematic
assessment. The roll shall show separate figures for the value of
the land and of the building improvements. On or before the first
Monday in March the Assessor shall give by firsts class mail a
notice of any increase in the assessed value of any property or of
the addition of any property to the roll to the owner as shown by
such assessment roll. The failure to give any such notice or of the
owner to receive it shall not invalidate any assessment roll or
assessment thereon.
Board of Review:
Section 9.6. The Board of Review shall be composed of three
freeholders who are qualified and registered electors of the city
who during their term of office shall not be city officers or
employees or be nominees or candidates for elective city office. The
filing by a member of the Board of Review of his nomination petition
for an elective city office or the filing of a consent thereto shall
constitute a resignation from the Board of Review. One member of the
Board shall be appointed by the Council annually in January, 1957,
and each year thereafter for a term of three years, to replace the
member whose term expires that year. The Council shall fix the
compensation of the members of the Board.
The Board of Review shall annually in February select its own
chairman for the ensuing year, and the Assessor shall be clerk of
the Board and shall be entitled to be heard at its sessions. A
majority of the member of the Board shall constitute a quorum.
Meeting of Board of Review:
Section 9.7. The Board of Review shall convene in its first
session on the Tuesday following the second Monday in March of each
year at such time of day and place as shall be designated by the
Council and shall remain in session for at least one day for the
purpose of considering and correcting the roll. In each case in
which the assessed value of any property is increased or any
property is added to the roll by the Board, or the Board has
resolved to consider at its second session the increasing of an
assessment or the adding of any property to the roll, the Assessor
shall give notice thereof to the owners as shown by such roll by
first class letter mailed not later than two days following the end
of the first session of the Board. Such notice shall state the date,
time, place and purpose of the second session of the Board. The
failure to give any such notice or of the owner to receive it shall
not invalidate any assessment roll or assessment thereon.
The Board of Review shall convene in its second session on the
Tuesday following the fourth Monday in March of each year at such
time of day and place as shall be designated by the Council and
shall continue in session until all interested persons have had an
opportunity to be heard, but in no case for less than six hours. At
the second session, the Board may not increase any assessment or add
any property to the rolls, except in those cases in which the Board
resolved at its first session to consider such increase of addition
at its second session.
Notice of Meetings:
Section 9.8. Notice of the time and place of the sessions of the
Board of Review shall be published by the Clerk at least ten days
prior to each session of the Board.
Duties and functions of Board of Review:
Section 9.9. 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 the general tax laws
conferred upon and required of Boards of Review in townships, except
as otherwise provided in this chapter. It shall hear the complaints
of all persons considering themselves aggrieved by assessments, and
if it shall appear that any person or property has been wrongfully
assessed or omitted from the roll, the Board shall correct the roll
in such manner as it deems just. In all cases the roll shall be
reviewed according to the facts existing on the tax day and no
change in the status of any property after said day shall be
considered by the Board in making its decisions. Except as otherwise
provided by statute, no person other than the Board of Review shall
make or authorize any change upon, or additions or corrections to,
the assessment roll. It shall be the duty of the Assessor to keep
permanent record of all proceedings and to enter therein all
resolutions and decisions of the Board.
Endorsement of Roll:
Section 9.10. After the Board of Review has completed its review
of the assessment roll, and not later than the first Monday in
April, the majority of its members shall endorse thereon and sign a
statement to the effect that the same is the assessment roll of the
city for the year in which it has been prepared. The omission of
such endorsement shall not affect the validity of such roll.
Clerk to Certify Tax Levy:
Section 9.11. Within three days after the Council has adopted the
budget for the ensuing year, the Clerk shall certify to the Assessor
the total amount which the Council determines shall be raised by
general ad valorem tax. He shall also certify all amounts of current
or delinquent special assessments and all other amounts which the
Council requires to be assessed, reassessed or charged upon any
property or against any person.
City Tax Roll:
Section 9.12. After the Board of Review has completed its review
of the assessment roll, the Assessor shall prepare a copy of the
assessment roll to be known as the "City Tax Roll", and upon
receiving the certification of the several amounts to be raised, as
provided in Section 9.11, the Assessor shall spread upon said tax
roll the several amounts determined by the Council to be charged,
assessed or reassessed against persons or property. He shall also
spread the amounts of the general ad valorem city tax according to
and in proportion to the several valuations set forth in said
assessment roll. To avoid fractions in computation on any tax roll,
the Assessor may add to the amount of the several taxes to be raised
not more than the amount prescribed by statute. Any excess created
thereby on any tax roll shall belong to the city.
Tax Roll Certified for Collection:
Section 9.13. After spreading the taxes the Assessor shall
certify the tax roll, and the Mayor shall annex his warrant thereto
directing and requiring the Treasurer to collect prior to March 1 of
the following year from the several persons named in said roll the
several sums mentioned therein opposite their respective names as a
tax or assessment and granting to him, for the purpose of collecting
the taxes, assessments and charges on such roll, all the statutory
powers and immunities possessed by township treasurers for the
collection of taxes. On | 
