CHARTER
CITY OF SOUTH LYON
We, the people of the City of South Lyon, grateful to Almighty God for the blessings of freedom, and pursuant to authority granted by the Constitution and Laws of the State of Michigan, in order to secure the benefits of self-government, and to provide for the public peace, and health and for safety of persons and property, do hereby ordain and establish this Charter for the City of South Lyon.
NAME AND BOUNDARIES:
Section 1.1
(a) The municipal corporation now existing and known as the City of South Lyon shall continue as a body corporate and shall include the territory constituting the City of South Lyon on the effective date of this Charter, together with all territories that may be annexed thereto and less any detachments therefrom that may be made in a manner prescribed by law.
(b) The Clerk shall maintain and keep available in his office for public inspection, the official description and map of the current boundaries of the City.
WARDS:
Section 1.2 The City shall consist of and constitute one single ward.
CHAPTER 2
GENERAL POWERS:
Section 2.1 The City and its officers shall have the power to manage and control its finances, rights, interest, buildings and property, to enter into contracts, to do any act to advance the interest, good government and prosperity of the City and its inhabitants, to protect the public peace, health, safety and general welfare, and to prevent and restrain crime and vice. In the exercise of such powers, the City may enact ordinances, rules and regulations and take such other action as may be required, not inconsistent with law. The power of the City shall include but shall not be limited to the following:
(a) To declare as a hazard or nuisance any act or condition upon public or private property, or both, including, but not limited to, the accumulation of rubbish and the growing of noxious weeds, which is, or may be dangerous to the health, safety or welfare of the inhabitants of the City; to provide for the abatement thereof, and to provide that cost of such abatement shall be charged as a special assessment against the real property on which the hazard or nuisance is located.
(b) To provide for the public welfare by:
(1) Regulating trades, occupations and amusements within the City, and prohibiting trades, occupations and amusements which are detrimental to the safety, health or welfare of its inhabitants;
(2) Regulating the preparation, storage, transportation and sale of foods, drugs and beverages for human consumption;
(3) Collecting and disposing of garbage and rubbish and liquid waste disposal;
(4) Licensing and regulating the number of vehicles, which carry persons or property for hire, fixing the rates of fare and charges and determining the location of stands for such vehicles;
(5) Licensing and regulating billboards and advertising signs and locations thereof;
(6) Regulating the construction, erection, alteration, equipment, repair, moving, removal and demolition of buildings and structures and their appurtenances and service equipment;
(7) Regulating the location, height and type of fences abutting public or between private properties;
(8) Establishing zones within the City and regulating therein the use and occupancy of lands or structures; the height, area, size and location of buildings; the required open space for light and ventilation of buildings and the density of population;
(9) Regulating, limiting and prohibiting the construction and use of buildings and lands in order to promote the public safety and to prevent fires;
(10) Regulating and controlling the use of streams, waters and water courses within the City in any manner consistent with the provisions of law;
(c) Power to establish and reasonably control streets, alleys, bridges and public places, and the space above and beneath them, and the use thereof by,
(1) Creating and vacating the same and acquiring and disposing of land, or any interest in land, required therefore, including any surplus land which may be incidental to or necessary for the purchase of land required;
(2) Providing a plan of streets and alleys within and for a distance beyond the limits of the City as permitted by law;
(3) Requiring the owners of real property to build and maintain public sidewalks according to plan in the area of streets immediately adjacent to such property, and upon failure of any owner to do so, construct and maintain such sidewalks and assess the cost thereof against such property as a special assessment;
(4) Compelling all persons to keep sidewalks, which are in the area of streets immediately adjacent to the premises owned, controlled or occupied by them, free from snow, ice, dirt, wood, shrubbery or any other object which obstructs such sidewalks, or which makes the same hazardous or offensive to the public health or safety, and upon failure of such persons to do so, to cut and remove such weeds or to remove such objects, and to assess the cost thereof against such property as a special assessment;
(5) Compelling all persons to care for the untraveled portions of the streets lying between the traveled portion and the property line which abut upon premises owned, controlled or occupied by them, and to keep the same free from weeds and from objects which are offensive or hazardous to public health and safety, and upon failure to do so, cutting and removing such weeds and removing such objects and assessing the cost thereof against such adjoining property as a special assessment;
(6) Providing for the grade of streets and requiring public utility users of streets and other public places to conform thereto with respect to their tracks, lines or facilities located on, above or under the streets or alleys, requiring railroads to keep their tracks and the street surface between the tracks and for the legally required distance on each side of them, in reasonable repair at all times, but in any case, at least one and one-half feet on each side of the tracks;
(7) Regulating the speed of vehicles, trains and locomotives upon or across the streets within the provisions and limitations of law, and the stopping and parking of the same upon the streets and at street crossings;
(8) Providing for and regulating the lighting of streets and alleys, whether such lights be located on public or private property;
(9) Preventing and abating the encumbering of streets and alleys or any part thereof;
(10) Regulating the location of buildings and structures and of trees, shrubbery or signs at or near street corners and street intersections with alleys and driveways so as to provide for the public safety and welfare in the use of streets and alleys;
(11) Providing for and regulating the numbering of buildings upon property abutting the streets and alleys and compelling the owners and occupants thereof to affix numbers thereto;
(12) Providing for the use by other than the owner, of property located on, above or under the streets, alleys, and public places, in the operation of a utility, upon the payment of reasonable compensation therefore to the owner thereof;
(13) Providing for the planting and general care and protection of trees and shrubbery within the streets and public places of the City and preventing the cutting of limbs and branches for the placing and maintenance of utility wires without the consent of the designated officer or agency of the City;
(14) Providing for the control over all trees, shrubs and plants in the public streets, highways, parks or other public places in the City, all dead and diseased trees on private property and the trees on private property overhanging the street, sidewalk or public places, including the removal thereof and assessing the cost thereof against the abutting property as a special assessment;
(15) Regulating the use, occupancy, sanitation and parking of house trailers or mobile homes within the City, and the right of the City to so regulate them shall not be abrogated thereof because of any detachment from wheels or because of placing them on, or attaching them to the ground by means of any temporary or permanent foundation or in any manner whatsoever.
(d) To undertake any public work or make any public improvement or any repair or replacement thereof, either directly or by contract with public bodies or private persons; and to participate in any public work or public improvement under any lawful plan by which the whole or partial support of such work or improvement is provided by another governmental unit or agency.
(e) To construct, provide, maintain, extend, operate and improve;
(1) Within the City, a City Hall, City office buildings, police and fire stations, civic auditoriums, public libraries, and polling places; and,
(2) Either within or without the corporate limits of the City or of the County; Public Parks, recreation grounds, zoological gardens, museums, airports and land fields and facilities for the landing of helicopters and air vehicles having like characteristics, cemeteries, levees, embankments, and structures for flood control and other purposes related to the public health, safety, welfare; electric light and power plants and systems, public heating systems and plants, gas plants and systems, water works and water treatment plants and systems, storm sewers, garbage and rubbish collection and disposal facilities, market buildings and market places, facilities for the storage and parking of vehicles, hospitals, and any other structure or facility which is devoted to or intended for public purposes within the scope of the powers of the City
(f) To acquire by purchase, gift, condemnation, lease or otherwise, real and personal property, and interests in property, either within or without the corporate limits of the City or of the County, for any public purpose or use within the scope of its powers, including, but not by way of limitations, the uses and purposes set forth in this section.
(g) To join any municipal corporation or with any other unit or agency of government, whether local, state or federal or with any number or combination thereof, by contract or otherwise, as many be permitted by law, in the ownership, operation, or performance, jointly or by one or more on behalf of all, of any property, facility or service which each would have the power to own, operate or perform separately.
ELECTIONS
QUALIFICATIONS OF ELECTORS:
Section 3.1 The residents of the City having qualifications of electors in the State of Michigan shall be eligible to vote in the City when duly registered.
ELECTION PROCEDURE:
Section 3.2 The election of all City officers shall be on a non-partisan basis. The general election statutes shall apply and control all procedures relating to City elections, including qualifications of electors, establishment of precincts, verification of petitions, registration of voters and voting hours. The Clerk shall give public notice of each City election in the same manner as is required by law for the giving of public notice of general elections in the State.
PRECINCTS:
Section 3.3 The election precincts of the City shall remain as they existed on the effective date of this Charter unless altered by the Election Commission according to Statute. The Council shall establish convenient election precincts in accordance with this Charter and Statutes.
ELECTION COMMISSION:
Section 3.4 An Election Commission is hereby created consisting of the City Clerk as Chairman, the City Attorney and the City Assessor. The Election Commission shall appoint the Board of Election Inspectors of each precinct and have charge of all activities and duties required of it by law relating to the conduct of elections in the City. The compensation of the election personnel shall be determined, in advance, by the Council.
REGULAR CITY ELECTION:
Section 3.5 A regular City election shall be held on the first Tuesday in November in each odd numbered year.
SPECIAL ELECTIONS:
Section 3.6 Special elections shall be held when called by resolution of the Council at least forty-nine (49) days in advance of such election or when required by law. Any resolution calling a special election shall set forth the purpose of such election.
ELECTIVE OFFICERS AND TERMS OF OFFICE:
Section 3.7
(a) The elective officers of the City shall be a Mayor and four Councilmen.
(b)
At each regular City election there shall be elected at
large a Mayor and two Councilmen. The
term of office of the Mayor shall be for two years and the term of office of
the Councilmen shall be for four years with all terms commencing at eight
o’clock p.m. local time on the Monday next following the regular City election
at which they were elected.
(b) At each regular election there shall be elected at large a Mayor and three Councilpersons. The term of office of the Mayor shall be for two years and the term of office of the Councilmen shall be for four years with all terms commencing at eight o’clock p.m. local time on the Monday next following the regular City election at which they were elected.
***Section 3.7 (b) Amended by the electorate at the November 2, 2004 General Election.
NOMINATIONS:
Section 3.8 The candidates for elective office shall be nominated from the City at large by petitions, blanks for which shall be furnished by the City Clerk. Each such petition shall be signed by not less than twenty-five (25) nor more than fifty (50) registered electors of the City and shall be filed with the Clerks office before four o’clock in the afternoon, local time, on the forty-ninth (49th) day preceding each election. Each elector signing shall add his residential street and number and the date of signature. No electors shall sign petitions for more candidates for any office than the number to be elected to such office, and should he do so, the signatures bearing the most recent date shall be invalidated. No petition shall be left for signatures in any public place. 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.
APPROVAL OF PETITIONS:
Section 3.9 The Clerk shall accept only nomination petitions which conform substantially with the forms provided by him and which contain the required number of valid signatures for candidates having these qualifications required for the respective elective City offices as set forth in the Charter. The Clerk shall forthwith after the filing of the petitions, 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 three days after the last date for filing petitions, the Clerk shall make his final determinations as to the validity and sufficiency of each petition and whether or not the candidate has the qualifications required for his respective elective City office, and shall write his determinations thereof on the face of the petition, and shall notify immediately in writing the candidate whose name appears thereon of his determinations. Any candidate whose petitions are found insufficient may file an amended petition not later than the fortieth (40th) day prior to the election. Thereafter no further petitions may be filed. Withdrawal of a candidates name from consideration on the ballot must be made in writing and in conformance with the time allowed by Statute.
FORM OF BALLOT:
Section 3.10 The ballots for all elections under this Charter shall conform to the printing and number of ballots as required by Statute, except that no party designation or emblem shall appear on any City ballot.
CANVASS OF VOTES:
Section 3.11 The Board of Canvassers designated by Statute as being permitted to Cities for canvass of votes on candidates and issues, shall canvass the votes of all City elections following each regular or special City election at a time and place designated by Statue. The Clerk shall notify in writing the successful candidates of their election and do so immediately upon receipt of the results from the Board of Canvassers.
TIE VOTE:
Section 3.12 If at any City election there shall be no choice between candidates by reason of two or more persons having received an equal number of votes, then the determination of the election of such candidates shall be by lot as provided by Statute.
COUNCIL LEGISLATION
Section 4.1 The
legislative power of the City, except as reserved by this Charter shall be
vested in a Council consisting of five Councilmen. The Council shall have power and authority to adopt such
ordinances and resolutions as it shall deem proper in the exercise of its
powers.
Section 4.1 The legislative power of the City, except as reserved by this Charter shall be vested in a Council consisting of seven (7) Councilpersons. The Council shall have power and authority to adopt such ordinances and resolutions as it shall deem proper in the exercise of its powers.
***Section 4.1 Amended by the electorate at the November 2, 2004 General Election.
MAYOR AND MAYOR PRO TEM:
Section 4.2
(a) At the first meeting of the Council following each City election, the Council shall organize and elect one of its members to the office of Mayor Pro Tem.
(b) The Mayor shall preside at all meetings of the Council and shall be a full voting member of the Council. He shall be the Chief Executive Officer of the City insofar as required by law, and shall have the powers conferred by law in times of emergency to suppress disorder, preserve the public peace and health and safety of persons and property. He shall authenticate, by his signature, such instruments as may be required, under provisions of law, and shall do all acts required of him by law.
(c) The Mayor Pro Tem shall act in the stead of the Mayor in the case of the Mayor’s absence or disability to act. He shall succeed to the office of Mayor in the case of a vacancy in that office, thereby creating a vacancy in the office of Mayor Pro Tem. The Council shall fill any vacancy in the office of Mayor Pro Tem, but until such vacancy is filled, the senior member of the Council, from the standpoint of continuous service, shall act as Mayor Pro Tem. As between persons of equal seniority, the person who received the highest number of votes at the time of his last election shall act.
COMPENSATION OF MAYOR AND COUNCILMEN:
Section 4.3 The compensation for the Mayor and members of the Council shall be on an hourly basis subject to the following rates and limitations:
(a) Each Councilman shall be paid four dollars ($4.00) per hour and the Mayor shall be paid five dollars ($5.00) per hour for actual hours attended at regular or special meetings of the Council. Any member in attendance for less than one hour at a meeting where official business was transacted shall be paid for one hours’ time.
(b) For the first two (2) years after the effective date of this Charter, the paid hours to each member shall not exceed one hundred (100) hours per year. Beginning with the third year, the paid hours may be increased by not more than 10% per year, providing that the Council minutes prove that the meeting time of the prior year was fully utilized or exceeded, and further, that 90% of all regular or special meetings were fully attended by all members of the Council, except for those who had been excused by the remainder of the Council, and so recorded in the minutes. Such compensation shall be made by Council resolution.
(c) The Mayor and Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office.
MEETINGS OF COUNCIL:
Section 4.4 The Council shall hold at least one regular meeting each month at such time and place within the City as it shall prescribe by ordinance. Special meetings may be called by the Mayor, City Manager, or by any two Councilmen on at least twelve hours actual notice given to each Councilman and the Mayor or by written notice left at their respective residences by the Clerk after he has received the request from those authorized. All regular and special meetings of the Council shall be open to the public and citizens shall have reasonable opportunity to be heard.
QUORUM:
Section 4.5 Three members of the Council shall be a quorum for the transaction of business at all meetings of the Council, but in the absence of a quorum, and number of members less than a quorum may adjourn any regular or special meeting to a later date.
RULES OF COUNCIL:
Section 4.6 The Council shall determine the rules of its proceedings subject to the following provisions:
(a) A journal of the proceedings of each meeting shall be kept by the Clerk, in the English language, which shall be signed by the Mayor and Clerk.
(b) The vote upon passage of all ordinances, and upon the adoption of all resolutions shall be by a “Yes” or “No” vote and entered upon the record, except that where the vote is unanimous, it shall be necessary to so state. The people shall have access to the minutes and records of all regular and special meetings of the Council at all reasonable times.
(c) No Councilman shall vote on any question in which he is financially interested or on any question concerning his own official conduct; but on all other questions every Councilman present shall vote unless excused by unanimous consent of the remaining members present.
(d) The Council may be a majority vote of its members compel the attendance of its members and other officers of the City at its meetings and enforce orderly conduct and procedure therein. A police officer designated by the presiding officer of the Council may serve as Sergeant At Arms in the enforcement of the provisions of this section.
(e) There shall be no standing committees of the Council.
(f) The Council shall not make any contract with or give any official position to any person who is in default to the City.
PRIOR ORDINANCES AND REGULATIONS:
Section 4.7 All ordinances, resolutions, rules and regulations of the City, 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 fore and effect until repealed or amended.
ORDINANCES AND RESOLUTIONS:
Section 4.8 All official action of the Council shall be by ordinance or resolution, motion or order. Action by resolution, motion or order shall be limited to matters required or permitted by this Charter or by State or Federal law 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. The style of all ordinances shall be: “The City of South Lyon Ordains:”.
ENACTMENT, AMENDMENT, REPEAL, AND EFFECTIVE DATE OF ORDINANCES:
Section 4.9
(a) Each ordinance, after adoption, shall be identified by number. An ordinance or a part of an ordinance may be repealed or amended only by an ordinance passed in the manner provided in this section. An ordinance may be repealed by reference to its number only.
(b) If a section of an ordinance is amended, the section shall be re-enacted and published at length. This requirement shall not apply to the schedule of stop streets, parking limitations or other regulations contained in any traffic ordinance or vehicular traffic regulating portion of the City’s ordinance code.
(c) Each Ordinance shall be recorded by the Clerk forthwith in the Ordinance Book, and the enactment of such ordinance and the effective date thereof shall be certified by him therein.
(d) The ordinances of the City shall be set forth in code form within two (2) years after the effective date of this Charter.
(e) Each proposed ordinance shall be introduced in written form. No ordinance shall be finally passed by the Council at the same meeting at which it is introduced.
PUBLICATION OF ORDINANCES:
Section 4.10
(a) Before an ordinance may become operative, it shall be published in at least one newspaper, which is of general circulation in the City. The effective date of an ordinance shall be stated therein, but shall not be less than ten (10) days after its adoption nor before publication thereof. It is provided, however, that an ordinance, which is declared therein to be immediately necessary because of emergency affecting the public peace, health or safety, may be given earlier effect than otherwise provided herein. In the case of such emergency ordinance, the requirements for publication before such ordinance becomes operative may be met by posting copies thereof in five conspicuous locations in public places in 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 places of such publication by posting, which certificate shall be prima facie evidence of such publication by posting. Such ordinance shall also be published in accordance with the requirements for publication of other ordinances but not as requirement for the effectiveness thereof. The publication of an ordinance in full as a part of the published proceedings of the Council shall constitute publication as required herein.
(b) All codes and other ordinance subject matter, which are or may be permitted by law to be adopted by reference, shall be adopted and published in the manner permitted and required by law.
(c) When the ordinances of the City are codified, the deposit of a number of copies as provided by law in the office of the Clerk, available for public inspection and sale at cost, shall constitute publication thereof.
PENALTIES:
Section 4.11 The Council shall provide in each ordinance for the punishment of violations thereof, but unless permitted by law, no such punishment, excluding the costs charged, shall exceed a fine of five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Court. Imprisonment for violations of ordinances may be in the City or County jail.
INITIATIVE AND REFERENDUM:
Section 4.12 An ordinance may be initiated by petition, or a referendum on an ordinance may be had by petition as hereinafter provided.
INITIATORY AND REFERENDARY PETITIONS:
Section 4.13 An initiatory or a referendary petition shall be signed by not less than twenty-five percent (25%) 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 30 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 petition shall propose to initiate more than one ordinance. A referendary petition shall identify the ordinance 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 a 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.
GENERAL PROVISIONS
REGARDING OFFICERS AND PERSONNEL OF THE CITY
ELIGIBILITY FOR OFFICE IN CITY:
Section 5.1
(a) No person shall hold any elective office of the City, unless he was a resident of the City for at least six (6) months immediately prior to the date of the election at which he is a candidate. He must also have been a registered elector on the last day for filing nominating petitions for such office or prior to his appointment to fill a vacancy.
(b) No person shall be eligible for any elective or appointive City office who is in default to the City. The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof has been served at his last known place of residence, according to the records of the City, by the City Clerk upon the direction of the Council, or unless the officer contests his liability for the default in a court of competent jurisdiction.
(c) No person who holds or has held the office of Mayor or Councilman shall be eligible to hold any appointive office in the City until one year has elapsed following the expiration of the term of office for which he was elected. This provision would not apply to such appointments as the Board of Review, Planning Commission, or the Zoning Board of Appeals where nominal compensation may be paid.
(d) No appointive City officer or employee shall seek an elective office of the City unless he resigns from his position with the City.
(e) The Council shall be the sole judge of the election and qualification of its own members.
FINANCIAL INTERESTS PROHIBITED:
Section 5.2 No person holding any elective or appointive office under the City government shall take any official action on any contract with the City or other matter in which he is financially interested, or be a bondsman or surety on any contract or bond given to the City. Any member of the Council or other officer found guilty of violating the provisions of this section may be punished by a fine of not to exceed five hundred dollars ($500.00) or be imprisoned for not more than ninety (90) days or both within the discretion of the court. The conviction of any Councilman or officer under this section shall operate in itself to forfeit his office.
SURETY BONDS:
Section 5.3 Except as otherwise provided in this Charter, the Council may require any officer or employee of the City to give a bond to be approved by the Council, conditioned upon the faithful and proper performance of the duties of the office or employment concerned, in such sums as the Council may determine. All such officers or employees who receive, distribute, or are responsible for City funds or investments shall be bonded. The resignation, removal or discharge of any office or employee, or appointment of another person to such office or employment, shall not exonerate such officer or employee or any sureties of such officers or employee from any liability incurred by such officer, employee or sureties. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City. Bonds required by this section shall not be renewed upon the expiration of the terms for which issued, but in each case, a new bond shall be furnished. No official bond shall be issued for a term exceeding three years, unless the term of the officers concerned exceeds three years. The bonds of all officers and employees shall be filed with the Clerk, except that the Clerk’s bond (unless he is covered within the scope of a blanket surety bond) shall be filed with the Treasurer. The requirements of this section may be met by the purchase of one or more blanket corporate surety bonds covering all or any group or groups of the officers and employments of the City. Any officer or employee who is covered by a blanket surety bond need not be bonded individually for the purpose of qualifying for office.
DELIVERY OF OFFICE:
Section 5.4 Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within ten days, and sooner on demand, deliver to his successor in office or to his superior, all the books, papers, money 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 dollars ($500.00), or imprisonment for not to exceed ninety (90) days, or both, in the discretion of the Court.
VACANCIES IN OFFICE:
Section 5.5 After notice and hearing, any elective City office shall be declared vacant by the Council upon the occurrence of one or more of the following events:
(a) For any reason specified by Statute or this Charter as creating a vacancy in office and for any reason specified by Statute for removal of City officers by the Governor;
(b) If the officer shall absent himself continuously from the City for more than sixty (60) consecutive days in any one year without permission of the Council;
(c) In the case of the Mayor and Councilmen, if such officer shall miss three consecutive regular meetings of the Council, or four of such meetings in any fiscal year, unless such absences shall be excused by the Council and the reason thereof entered in the proceedings of the Council at the time of each absence;
(d) If the officer shall be found guilty of any act constituting misconduct in office under the provisions of this Charter, either by a Court or by a vote of the majority of the remaining members of the Council, at or following a hearing.
FILLING VACANCIES:
Section 5.6
(a) If a vacancy occurs in any elective office, it shall be filled within thirty (30) days by a majority of the remaining members of the Council. Such appointee shall hold office until the next regular City election taking place more than sixty (60) days after such vacancy occurs, at which election a successor shall be elected for the unexpired term of the member in whose office the vacancy occurs. Provided, however, that the term of no members of the Council shall be lengthened by his resignation and subsequent appointment.
(b) If a vacancy occurs in any appointive office, it shall be filled in the manner provided for making the original appointment. In the case of members of Boards and Commissions appointed for a definite term, such appointment shall be for the unexpired term.
OATH OF OFFICE:
Section 5.7 Every officer, elected or appointed, before entering upon the duties of his office, shall take the oath of office prescribed by the Michigan Constitution and shall file the same with the Clerk, together with any bond required by this Charter or by the Council. In the case of failure to comply with the provisions of this section within ten (10) days from the date of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereon be vacant, unless the Council shall, by resolution, extend the time in which such officer may qualify as set forth above.
INCREASE OR DECREASE IN COMPENSATION:
Section 5.8 The Council shall not grant or authorize extra compensation to any City officer, elective or appointive, or to any employee, agent or contractor, after the service has been rendered or the contract entered into. Nor shall the salary of any officer, elective or appointive, be increased or decreased after his election or appointment during any fixed term for which he was elected or appointed.
THE ADMINISTRATIVE SERVICE
CITY MANAGER:
Section 6.1
(a) On or before July 1, 1973, the Mayor and City Council shall appoint a City Manager in accordance with the provisions of this Charter. For the period prior to the effective date of this provision, the Mayor with the approval of the Council, shall designate certain of the appointive City employees or officials to carry out the duties as prescribed for the several offices as outlined in this Charter, excluding the position of City Manager.
(b) In the event that the Mayor and Council determine to appoint a City Manager under the provisions of this Charter, and previous to July 1, 1973, they may do so by a majority vote of the Council elect, thereby establishing the position of City Manager as outlined in this Charter just as if the date of July 1, 1973 had been reached and provisions herein made effective and conclusive.
(c) The
City Manager shall be the Chief Administrative officer of the City
government. He shall be selected by the
Council on the basis of training and ability.
He shall serve at the pleasure of, and be subject to removal by the
Council, but he shall not be removed from office during a period of sixty (60)
days following any regular City election except by the affirmative vote of four
members of the Council. His
compensation shall be set by the Council.
(c) The City Manager shall be the Chief Administrative officer of the City government. The Council on the basis of training and ability shall select him. He shall serve at the pleasure of, and be subject to removal by the Council, but he shall not be removed from office during a period of sixty (60) days following any regular City election except by the affirmative vote of six (6) members of the Council. The Council shall set his compensation.
***Section 6.1 (c) Amended by the electorate at the November 2, 2004 General Election.
(d) The Council shall appoint a City Manager within ninety (90) days after any vacancy exists in such position or they may appoint an Acting Manager during the period of a vacancy in the office, or the City Manager, with the consent and approval of the Council, may designate an administrative officer or employee of the City to act as City Manager if he is temporarily absent from the City or unable to perform the duties of his office.
FUNCTIONS AND DUTIES:
Section 6.2
(a) The City Manager shall be responsible to the Council for the proper administration of the affairs of the City, and to that end, shall make all appointments and removals of those appointed, except he shall receive the approval of a majority of the Council for the appointment of the Clerk, Treasurer, Assessor, and the Finance Officer, if a separate office is ever created by the Council in accordance with Section 6.7 of this Charter. He shall set employees compensation in accordance with budget appropriations, and supervise and coordinate the work of the administrative officers and departments of the City except the work of the City Clerk in keeping the Council records and as the clerical official of the Council.
(b) The City Manager shall see that all laws and ordinances are enforced. He shall prepare and administer the annual budget under policies formulated by the Council and he shall keep the Council advised as to the financial condition and needs of the City. He shall furnish the Council with information concerning City affairs and prepare and submit such reports as may be required or which the Council may request, including an annual report which shall include the work of the several departments. Subject to any employment ordinance of the City, he shall employ or be responsible for the employment of all City employees and supervise and coordinate the personnel policies and practices of the City. He shall establish and maintain a central purchasing service for the City and he or his authorized representative to be the purchasing agent for the City.
(c) The City Manager shall attend all meetings of the Council with the right to be heard in all Council proceedings but without the right to vote. He shall possess such other powers and perform such additional duties as may be granted to or required of him by the Council, so far as may be consistent with the provisions of law. He shall establish procedures necessary to carry out any of the foregoing duties.
CITY CLERK:
Section 6.3
(a) The Clerk shall be the Clerk and clerical officer of the Council and shall keep its journal. He shall keep a record of all actions of the Council at its regular and special meetings. He shall certify all ordinances and resolutions adopted by the Council.
(b) The Clerk shall have the power to administer all oaths required by law and by the ordinances of the City. He shall be the custodian of the City seal, and shall affix the same to documents required to be sealed. He shall be the custodian of all papers, documents, and records pertaining to the City, the custody of which is not otherwise provided by this Chapter. He shall give the proper officials ample notice of the expiration or termination of any official bonds, franchises, contracts or agreements to which the City is a part and he shall notify the Council of the failure of any officer or employee required to take an oath of office or furnish any bond required of him.
(c) The Clerk shall perform such other duties in connection with his office as may be required of him by law, the ordinances or resolutions of the Council, or by the City Manager.
CITY TREASURER:
Section 6.4
(a) The Treasurer shall have the custody of all moneys of the City, the Clerk’s bond and all evidences of value or indebtedness belonging to or held in trust by the City. He shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine, and shall report the same to the City Manager.
(b) The Treasurer shall have such powers, duties and prerogatives in regard to the collection and custody of state, county, school district and City taxes and monies as are provided by law.
(c) He shall perform such other duties in connection with his office as may be required of him by law, the ordinances and resolutions of the Council, or by the City Manager.
CITY ASSESSOR:
Section 6.5
(a) The Assessor shall possess all the power vested in and shall be charged with the duties imposed upon assessing officers by law. He shall make and prepare all regular and special assessment rolls in the manner prescribed by law or ordinances of the City.
(b) He shall perform such other duties as may be prescribed by law or the ordinances of the City or by the City Manager.
CITY ATTORNEY:
Section 6.6
(a) The City Attorney shall be legal advisor and counsel for the City and for all the officers and departments thereof in all matters relating to their official duties and shall file with the City a copy of all written opinions given by him. He shall prepare or review all ordinances, regulations, contracts, bonds, and other such instruments as may be required by this Charter, the Council, or the City Manager, and shall promptly give his opinion as to the legality thereof.
(b) He shall prosecute ordinance violations and shall represent the City in cases before the courts and other tribunals. In such instances as the Council shall direct, he shall defend officers and employees of the City in civil actions arising out of the performance of their official duties.
(c) Upon the City Attorney’s recommendation, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has interest, or to assist the City Attorney.
(d) He shall perform such other duties in connection with his office as may be prescribed for him by this Charter, the Council or the City Manger.
FINANCE OFFICER:
Section 6.7
(a) The City Manager shall designate a person to act as a finance officer from among the administrative officers of the City. However, when the Council feels that a separate official is required, they may so designate by ordinance, and the official will be an appointment of and under the supervision of the City Manager with the approval of a majority of the Council.
(b) The Finance Officer shall be the general accountant of the City, shall keep the books of account of the assets, receipts, ad expenditures of the City, and shall keep the Council and City Manager informed as to the financial affairs of the City. The system of accounts of the City shall conform to such uniform systems as may be required by law.
(c) He shall balance all the books of account of the City at the end of each calendar month, and he shall make a report thereon, as soon as practical, to the City Manager. He shall, upon direction of the City Manager, examine and audit all books of account kept by any official or department of the City.
ADDITIONAL ADMINISTRATIVE POWERS AND DUTIES:
Section 6.8 The Council shall by ordinance establish departments of City government and determine and prescribe the functions and duties of each department. Upon recommendation of the City Manager, the Council may by ordinance prescribe additional powers and duties and diminish any powers and duties in a manner not inconsistent with this Charter to be exercised and administered by appropriate officials and departments of the City.
CITY PLANNING:
Section 6.9 The Council shall provide for and maintain a City Planning Commission which shall possess all of the powers and perform the functions of planning commissions as set forth by State Statute. The citizen members of the Planning Commission shall be appointed by the Mayor subject to confirmation by the Council. The members of the commission shall serve without compensation except for necessary expenses in connection with their work.
ZONING BOARD OF APPEALS:
Section 6.10 A zoning Board of Appeals shall be appointed by the Mayor with the approval of the Council. The Board shall have such powers and duties as are authorized by Statute.
MERIT SYSTEM OF PERSONNEL MANAGEMENT:
Section 6.11 The Council may provide by ordinance for a merit system of personnel management for the City.
COMPENSATION AND EMPLOYEE BENEFITS:
Section 6.12
(a) All Administrative officers of the City shall be appointed for an indefinite term.
(b) The City Council shall have the power to make available to the administrative officers and employees of the City and its departments, an actuarial pension plan by ordinance, and any recognized group plan of life, hospital, health, or accident and income protection insurance or any one or more thereof.
VIOLATIONS BUREAU:
Section 6.13 The Council shall have the power and authority to establish by ordinance a Traffic Violation Bureau, as provided by law, for the handling of such violations of ordinances and regulations of the City, or parts thereof, as prescribed in the ordinance establishing such bureau. Any person who has received any notice to appear to a charge of violating any of such ordinances, may within the time specified in the notice of such charge, answer at the Violations Bureau to the charges set forth in such notice by paying a fine, in writing pleading guilty of the charge, waiving a hearing in court and giving power of attorney to make such plea and pay such fine in court. Acceptance of the prescribed fine and power of attorney by the Bureau shall be deemed to be complete satisfaction for the violation, and the violator shall be given a receipt, which so states. The creation of such a bureau shall not operate as to deprive any person of a full and impartial hearing in Court should a person so choose.
TAXATION
FISCAL YEAR:
Section 7.1 The fiscal year of the City shall begin on the first day of July of each year.
POWER TO TAX:
TAX LIMIT:
Section 7.2 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 real and personal property subject to taxation in the Ci