Transcription

1 Page 1 of 41 Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> PART 1 - CHARTER [1] PREAMBLE CHAPTER I. - NAME AND BOUNDARIES CHAPTER II. - GENERAL PROVISIONS AND DEFINITIONS CHAPTER III. - MUNICIPAL POWERS CHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERS CHAPTER V. - CITY LEGISLATION CHAPTER VI. - ORGANIZATION OF GOVERNMENT CHAPTER VII. - GENERAL FINANCE AND BUDGET CHAPTER VIII. - TAXATION CHAPTER IX. - BORROWING POWER CHAPTER X. - SPECIAL ASSESSMENTS CHAPTER XI. - PURCHASES, CONTRACTS, LEASES CHAPTER XII. - UTILITIES CHAPTER XIII. - PUBLIC UTILITY FRANCHISES CHAPTER XIV. - GENERAL PROVISIONS REGARDING OFFICERS AND EMPLOYEES OF THE CITY CHAPTER XV - ELECTIONS CHAPTER XVI. - SCHEDULE CHARTER COMPARATIVE TABLE FOOTNOTE(S): (1) Editor's note Printed in part 1 is the City Charter, as adopted by the voters on September 1, 1995, effective on January 1, Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. (Back) Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> PREAMBLE >> PREAMBLE We, the people of the City of Kentwood, by the grace of God, and pursuant to authority granted by the constitution and laws of the State of Michigan, in order to secure the benefits of local self-government, and otherwise promote our common interests and welfare, or dain and establish this Charter. Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER I. - NAME AND BOUNDARIES >> CHAPTER I. - NAME AND BOUNDARIES Section Name. Section Boundaries. Section Wards.

2 Page 2 of 41 Section Name. The organized city now existing and designated as the "City of Kentwood" shall continue as a public body corporate under the same name. State law reference Home rule cities to be body corporate, MCL Section Boundaries. The city consists of the territory constituting the City of Kentwood on the effective date of this Charter, together with territory that is annexed to it and less territory that is detached from it. Upon annexation or detachment, the city's boundaries shall be deemed changed without amendment of this Charter. The clerk shall maintain and keep available for public inspection a current description of the city's boundaries. State law reference Annexation, MCL 117.9, et seq. Section Wards. The City of Kentwood shall consist of two wards, the boundaries of which shall provide for equal representation as required by law and shall be contiguous to the extent possible. Within one year after the publication of the results of each federal census, and at such other times as the commission may request, the clerk shall present to the commission a plan for redefining ward boundaries in the city. This plan shall provide for equal representation of each ward as required by law, with the boundaries of the redefined ward contiguous to the extent possible. If any plan for redefining ward boundaries is adopted by the commission, the wards in the city shall be as bounded by the plan without the necessity of amending this Charter. However, the number of wards in the city shall not be changed except by amendment of this Charter. State law reference Mandatory the charter provide for one or more wards, MCL 117.3(e). Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER II. - GENERAL PROVISIONS AND DEFINITIONS >> CHAPTER II. - GENERAL PROVISIONS AND DEFINITIONS Sec Vested rights continued. Section City liability. Section City records. Section No estoppel. Section Processes against the city. Section Trusts. Section Quorum. Section Weekends and holidays.

3 Page 3 of 41 Section Amendments. Section Chapter and section headings. Section Severability of Charter provisions. Section Publication, mailing of notices. Section Definitions and interpretations. Section Penalties for violations of Charter. Sec Vested rights continued. After the effective date of this Charter, the city shall be vested with all the property, funds, rights and credits as well as the records, files and documents belonging to it as formerly incorporated. No right, either in favor of or against the city existing at the time this Charter becomes effective, and no suit or prosecution of any character, shall be affected by adoption of this Charter. All debts, liabilities and obligations of the city shall continue, and all fines, penalties, taxes and assessments levied prior to adoption shall remain due and be collected. Section City liability. The city, its officers agents and employees shall be entitled to all privileges and immunities granted by law and the same may not be waived. State law reference Tort liability of municipalities, MCL et seq. Section City records. The city's records shall be kept, maintained and produced as required by law. All records pertaining to a city function, department or office shall be the property of the city. Officers of the city, whether elective or appointive, shall surrender such records in their possession or control to their successors or to the clerk upon leaving office. State law reference Mandatory that charter provide for public records in accordance with law, MCL (l). Section No estoppel. No estoppel may be created against the city. Section Processes against the city. All processes against the city shall be maintained in its corporate name. Section Trusts. All trusts established for a municipal purpose shall be used in accordance with the terms of the trust. The commission may receive and hold property in trust for a municipal purpose and apply the same for the execution of such trust. Section Quorum. Except as otherwise required by law, a quorum of any city board, council or commission shall be a majority of the members of such board, council or commission in office at the time.

4 Page 4 of 41 Section Weekends and holidays. Whenever the date fixed by law for the completion of an act falls on a Saturday, Sunday or legal holiday, the act shall be completed on the next succeeding day which is not a Saturday, Sunday or legal holiday. Section Amendments. This Charter may be amended as permitted by law. If two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions. State law reference Charter amendments, MCL et seq. Section Chapter and section headings. The chapter, section and subsection headings used in this Charter are for convenience only, and are not part of the Charter. Section Severability of Charter provisions. If any portion of this Charter, or its application, is found to be unlawful by a court of competent jurisdiction, such finding shall not invalidate any remaining portion or application, and to this end, the Charter is declared to be severable. Section Publication, mailing of notices. Charter requirements regarding the publication of notices, ordinances or proceedings shall be met by publishing an appropriate insertion in a newspaper which disseminates news of a general character. The newspaper shall have been in general circulation in the city for at least one year preceding its utilization by the city. An affidavit of the newspaper's publisher or designee annexed to a printed copy of the notice, ordinance or proceeding taken from the paper and specifying the time of publication shall be prima facie evidence of publication. In any case in which this Charter requires the mailing of a notice, an affidavit of mailing by the officer or employee responsible shall be prima facie evidence of such mailing. Section Definitions and interpretations. Except as otherwise specifically provided or indicated by the context: (d) (e) All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall include the time of an event or requirement for which provision is applied. The singular number shall include the plural and the plural number shall include the singular. Similarly, references to the masculine gender shall include, extend and apply to females as well as males. All references to statutes shall be considered to be references to such statutes as amended from time to time. All references to section numbers shall refer to sections of this Charter.

5 Page 5 of 41 (f) (g) (h) (i) (j) (k) (l) (m) (n) The word "person" shall include governmental entities, corporations, partnerships, associations and individuals. The words "printed" or "printing" shall include reproductions of printing. The word "record" shall include, but not be limited to, tangible items such as notes, books, files, writings, papers, discs, tapes and documents. Except in reference to signatures, the words "written" or "in writing" shall mean tangible documentation, including, but not limited to, handwritten script, facsimile transcription, printing and typewriting. The word "officer" shall include, but not be limited to, elected officers, administrative officers, members of city boards, committees and commissions created by or pursuant to this Charter and their authorized deputies. The word "default" shall include being delinquent in taxes. Unless otherwise identified, the word "law" shall mean federal law, the Constitutions of the United States and State of Michigan, state law, common law, this Charter and any ordinances or other lawfully adopted acts of the city. The word "City" shall mean the City of Kentwood. The word "Commission" shall mean the City Commission of the City of Kentwood. "Assessed value" or "assessed valuation" shall mean the local assessment of real or personal property as approved and corrected through the process of county and state equalization and as required by law. Section Penalties for violations of Charter. Any city officer found guilty by a court of competent jurisdiction of an act declared by law to constitute misconduct in office may be punished as permitted by law. The punishment provided for in this section shall be in addition to having the office declared vacant. Any person, officer or employee found guilty by a court of competent jurisdiction of a violation of any term of this Charter shall be punished as permitted by law. Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER III. - MUNICIPAL POWERS >> CHAPTER III. - MUNICIPAL POWERS Section General powers. Section Further identification of powers. Sec Intergovernmental relations. Section General powers. The city, its officers, agents and employees shall be vested with all powers, privileges and immunities, express or implied, which cities are, or hereafter may be, granted by law. Those powers shall include, without limitation, powers which cities are permitted to provide for in their charters pursuant to Public Act No. 279 of 1909 (MCL et seq.), as amended, as

6 Page 6 of 41 fully as though those powers were specifically identified in this Charter. The city, its agents, officers and employees shall exercise all municipal powers permitted in the management and control of municipal property or government, whether such powers are expressly identified or not, and may perform any lawful act to advance the interests of the city. Section Further identification of powers. In addition to the powers, privileges and immunities authorized by law, and those set forth in this Charter, the city shall have power to and may, by ordinance or other lawful act, provide for: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) The acquisition, by purchase, condemnation, lease or otherwise, of property, whether real or personal, which may be required for or incidental to the exercise of city powers; The maintenance, management, development, operation, leasing and disposal of city property; Refunding money advanced or paid on special assessments, borrowing money for such refunding, and issuing bonds; Installing and connecting conduits for the service of municipally owned utilities; Regulating, condemning or granting franchises and of the property used by companies or persons engaged in the cemetery, health, lighting, communication, gas, heat, water, sewer and power business; Establishing, using, vacating, improving and controlling the surface of its streets and other public places, and of the space above and below them; Use, by others than the owner, of property located in streets and other public places for the operation of a public utility, upon the payment of reasonable compensation; A plan of streets within and for a distance of not more than three miles beyond the city boundaries; The use and regulation of streams, waters and watercourses; Acquiring, constructing, operating and improving storage and parking facilities, including the fixing and collection of charges for services; Establishing districts or zones to regulate the use and dimensions of land and structures; Regulating trades, occupations, activities and amusements within the city and prohibiting trades, occupations, activities and amusements as are detrimental to the health, morals or welfare of the city's inhabitants; Prescribing the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment for licenses; and requiring a bond for the faithful observance of conditions under which licenses are granted; Licensing, regulating and restricting the number and location of advertising signs, displays and billboards; Preventing injury or annoyance to the city's inhabitants from anything which is dangerous, offensive or unhealthful; preventing, abating and prosecuting nuisances and those neglecting or refusing to abate, discontinue or remove nuisances; Regulating transportation facilities;

7 Page 7 of 41 (r) (s) (t) (u) (v) (w) Regulating the use, occupancy, parking and location of house trailers, recreational vehicles or mobile homes as permitted by law; Requiring owners of real property to construct, repair and maintain sidewalks abutting upon such property and, if the owner fails to comply with such requirements or if the owner is unknown, constructing, repairing and maintaining such sidewalks and assessing the city's cost; Requiring an owner of property to abate nuisances after notice is given that such nuisance exists and, if the owner fails to comply with such notice or if the owner is unknown, to abate such nuisance and assess the city's cost; Regulating and maintaining trees, shrubs and other vegetation in and adjacent to public streets, parks and other public places, dead and diseased vegetation on private property and vegetation on private property overhanging streets or other public places; maintaining and removing such vegetation and assessing the city's cost; and regulating the planting of vegetation on property which interferes with public utilities, easements or rights-of-way; Requiring the platting of all subdivided land; Regulating the lighting of streets and other public places; and Owning, constructing, maintaining, repairing or operating any facility, structure, building, system, equipment, park or grounds. State law reference Permissible charter provisions, MCL 117.4e et seq. Sec Intergovernmental relations. The city may join with any governmental entity, or with any number or combination thereof, to perform, jointly or separately for the others, any lawful power or duty which is permitted to be performed. State law reference Intergovernmental contracts between municipal corporations, MCL et seq. Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERS >> CHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERS Section Regular meetings. Section Special meetings. Section Meetings to be public. Section Adjournment of meeting. Section Compulsory attendance and conduct at meeting. Section Organization and rules of the commission. Section Investigations. Section Regular meetings. The commission shall provide for the time and place of its regular meetings. An organizational meeting shall be held on the Monday following each general city election.

8 Page 8 of 41 Section Special meetings. Special meetings may be called by the clerk at the request of the mayor, or at the request of any three members of the commission, on no fewer than eighteen hours' written notice to each member of the commission. The notice shall be served personally or left at the member's residence. A special meeting may be held on shorter notice if all members of the commission are present or have waived notice in writing. State law reference Open Meetings Act, MCL et seq. Section Meetings to be public. All regular and special meetings of the commission shall be noticed and conducted as provided by law, including the Open Meetings Act, Public Act No. 267 of 1976 (MCL et seq.), as amended. The commission may adopt procedural rules for the conduct of meetings. State law reference Mandatory charter provisions, MCL 117.3(l). Section Adjournment of meeting. In the absence of a quorum, a lesser number of commissioners may adjourn a meeting to a later time or date. In the absence of all commissioners, the clerk may adjourn a meeting for not longer than one week. Section Compulsory attendance and conduct at meeting. Any four or more members of the commission may, by vote, compel the attendance of other members and other city officers at any meeting. Any member of the commission or other officer who, when notified of a request for his or her attendance, fails to attend such meeting for reasons other than those approved by the commission, shall be deemed guilty of misconduct in office. The presiding officer shall enforce orderly conduct at meetings. Any member of the commission or other city officer who fails to act in an orderly manner shall be guilty of misconduct in office. Any city police officer designated by the presiding officer shall serve as the sergeant-atarms in the enforcement of the provisions of this section. Section Organization and rules of the commission. The commission shall determine its own organization, rules and agenda, subject to the following: A journal of the proceedings of each meeting shall be kept by the clerk, in the English language, which shall be signed by the presiding officer and clerk. All ordinances and resolutions shall be acted upon by a roll call vote and entered in the minutes. Where the vote is unanimous, it shall only be necessary to so state. No member of the commission shall vote on a question in which he or she has a financial interest, other than the common public interest, or on any question concerning his or her own conduct. On all other questions each member who is present shall vote when called, unless otherwise required by law or excused by a

9 Page 9 of 41 (d) (e) (f) majority of the remaining members present. Any member refusing to vote, except in accordance with this subsection, shall be guilty of misconduct in office. In all roll call votes the names of the commissioners shall be called in alphabetical order, and the name to be called first shall be advanced one position alphabetically in each succeeding vote. Proceedings of the commission, or a summary of the proceedings, shall be published after a meeting in a newspaper of general circulation within the city. A record of the proceedings shall be prepared by the clerk and approved by the commission, and shall show the substance of each separate action of the commission. Records of each meeting shall be recorded, kept and made available to the public as required by the Open Meetings Act, Public Act No. 267 of 1976 (MCL et seq.), as amended, and the Freedom of Information Act, Public Act No. 442 of 1976 (MCL et seq.), as amended. State law reference Mandatory that charter provide for public meetings, MCL 117.3(l); mandatory that charter provide for keeping of records of meeting in English, MCL 117.3(m). Section Investigations. The commission, or any lawfully designated committee or board from its membership, may inquire into the conduct of any department, office or officer and make investigations as to matters in which the city has an interest. Failure on the part of any officer to respond to such inquiries, to appear as directed or to produce records or other information as ordered shall constitute misconduct in office and a violation of this Charter. Failure on the part of any employee or other person to respond to such inquiries, to appear as directed or to produce records or other information as ordered shall constitute a violation of this Charter. Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER V. - CITY LEGISLATION >> CHAPTER V. - CITY LEGISLATION Section Prior city legislation. Section Legislative power. Section Form of official action. Section Introduction, consideration and style of ordinances. Section Publication of ordinances. Section Enactment of Code by reference. Section Penalties. Section Initiative and referendum. Section Initiatory and referendary petitions. Section Commission procedure on initiatory or referendary petitions. Section Submission to electors. Section Status of ordinance adopted. Section Ordinance suspended.

10 Page 10 of 41 Section Prior city legislation. All valid ordinances, resolutions, rules and regulations of the city which are consistent with this Charter and which are in existence on the effective date of this Charter shall remain in full force and effect, until repealed or amended. As permitted by law, the mayor shall appoint all members of boards, committees or commissions, subject to commission approval. Upon the effective date of this chapter, any ordinance, resolution, rule or regulation, or part thereof, which is inconsistent with this Charter is repealed. State law reference Mandatory charter provisions, MCL 117.3(k). Section Legislative power. The legislative power of the city is vested exclusively in the commission. State law reference Mandatory that charter provide for a legislative body, MCL Section Form of official action. All official action of the commission shall be by ordinance, resolution, order or motion. All legislation shall be by ordinance. Action by resolution shall include all matters required or permitted by law to be so performed, as well as administrative matters. All action of the commission shall be by majority vote of those present and voting, provided that a quorum is present at the meeting. Section Introduction, consideration and style of ordinances. Each proposed ordinance shall be submitted in written form. The style of all ordinances shall be "The City of Kentwood ordains:". Each ordinance shall be identified by a number and title. 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 and title only. (d) If any portion of an ordinance is amended, it shall be reenacted and published as required by law. This requirement shall not apply to zoning ordinance amendments or the schedules of one-way streets, stop signs and parking limitations contained in any traffic ordinance. (e) Each ordinance shall be recorded by the clerk in an ordinance book, and the enactment of such ordinance and its effective date shall be certified by the clerk. (f) Ordinances of the city may be codified or otherwise organized. State law reference Mandatory that charter provide for ordinance adoption procedures, MCL 117.3(k); codification of ordinances, MCL 117.5b. Section Publication of ordinances. Each ordinance or summary shall be published in a newspaper of general circulation in the city within fifteen days of its enactment. The effective date of an ordinance shall be stated in the ordinance, but shall not be earlier than ten days after its publication, unless it is declared to be an emergency ordinance by the affirmative vote of 2/3's of the commission, in which case the effective date shall be the date of publication.

11 Page 11 of 41 State law reference Mandatory that charter provide for publication of ordinances, MCL 117.3(k). Section Enactment of Code by reference. The commission may adopt, in whole or in part, a law, code or technical rules as permitted by law. State law reference Adoption by reference, MCL 117.3(k). Section Penalties. The commission may provide in any ordinance for the punishment of those who violate its provisions. The commission may provide for punishment or sanctions in the manner and to the extent permitted by law. Each day on which a violation of an ordinance occurs is a separate violation. State law reference Penalties for ordinance violations, MCL 117.3(k), 117.4i(k),117.4l. Section Initiative and referendum. An ordinance may be initiated and a referendum on an existing ordinance may be requested on all legislative matters by submission of a petition. Section Initiatory and referendary petitions. (d) An initiatory or referendary petition shall be signed by not less than ten percent of the registered electors of the city, as of the date of the last general city election. An initiatory petition must fully set forth the ordinance proposed, and no petition shall propose to initiate more than one ordinance. A referendary petition must identify the ordinance, or part thereof, it proposes be repealed. Petitions shall be signed and circulated as required by law. Petitions must be filed with the clerk who shall, within fifteen days, canvass the signatures to determine their sufficiency. Any signatures obtained more than sixty days before the filing of the petition with the clerk shall not be counted. If the petition contains an insufficient number of signatures or is improper as to form or compliance with this section, the clerk shall notify the person filing the petition and ten additional days from such notification shall be allowed to file supplemental petitions. When the petition is found to be sufficient and proper, the clerk shall present it to the commission at its next regular meeting. Section Commission procedure on initiatory or referendary petitions. Upon receiving a petition from the clerk, the commission shall, within thirty days, either: Adopt the ordinance as submitted or determine to submit the proposal to the electors, if it is an initiatory petition; or Repeal the ordinance to which the petition refers or determine to submit the proposal to the electors, if it is a referendary petition. Section Submission to electors.

12 Page 12 of 41 If the commission determines to submit a proposal to the electors, it shall be submitted at the next election held in the city for any purpose or, at the discretion of the commission, at a special election called for that purpose. In the case of an initiatory petition, if no election is to be held within 150 days from the time the petition is received by the commission, and the commission does not enact the ordinance, then the commission shall call for a special election within 90 days from the time the petition is received by the commission for submission of the proposal. The result of all elections held under this section shall be determined by majority vote of the electors voting on the question. Section Status of ordinance adopted. An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed by the commission for two years after the date of the election. If two or more ordinances, adopted at the same election, have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions. Section Ordinance suspended. Receipt by the commission from the clerk of a sufficient and proper referendary petition, containing the signatures of fifteen percent of the registered electors of the city as of the date of the last general city election, which signatures were obtained within ninety days after passage of the ordinance to which the petition refers, shall automatically suspend the operation of the ordinance in question, pending repeal by the commission or final determination by the electors. Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VI. - ORGANIZATION OF GOVERNMENT >> CHAPTER VI. - ORGANIZATION OF GOVERNMENT Section City commission. Section Qualifications of commissioners. Section Compensation of elected officers. Section Mayor pro tem. Section Duties of mayor. Section Administrative services. Section Clerk: Functions and duties. Section Treasurer: Functions and duties. Section Assessor: Functions and duties. Section Attorney: Functions and duties. Section Compensation of attorney and special counsel. Section Deputy administrative officers. Section Independent boards and commissions. Section Planning commission. Section City commission.

13 Page 13 of 41 There shall be a city commission of seven members, consisting of six commissioners and the mayor. The commission is the legislative and governing body of the city and shall have the authority to exercise all powers conferred upon or possessed by the city, except as otherwise provided by law. State law reference Mandatory that charter provide for certain officers, MCL Section Qualifications of commissioners. Members of the commission shall meet the eligibility requirements contained in this Charter. The commission shall be the sole judge of the election and qualification of its members and of the grounds for loss of office. Section Compensation of elected officers. The commission shall maintain a local officers compensation commission which shall establish the compensation of each elected city official. The elected officers shall also receive payment for reasonable and necessary expenses incurred in the performance of official duties. State law reference Local officers compensation commission, MCL 117.5c. Section Mayor pro tem. At its first regular meeting following each general city election, the commission shall elect one of its members to serve as mayor pro tem for a term expiring at the first commission meeting following the next general city election. Such elections shall be by majority vote of the members of the commission. Section Duties of mayor. In addition to any powers and duties otherwise provided by law, the mayor shall have powers and duties as follows: (d) (e) (f) (g) The mayor shall be the executive head of the city. The mayor shall have a voice and vote in all proceedings of the commission equal with that of other members of the commission, but shall have no veto power. The mayor shall be the presiding officer of the commission. The mayor shall be conservator of the peace and, in emergencies declared by the commission, may exercise all powers conferred by law and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of city ordinances. The mayor shall execute or authenticate by signature such records, acts and instruments as required by the commission or by law. The mayor shall be responsible for the efficient administration of all city affairs as authorized by the commission or by law. The mayor shall see that all laws are enforced. The mayor shall direct and supervise the administration of all city departments, offices and agencies, except as otherwise provided by law. The mayor shall give the city and department officials ample notice of the expiration or termination of any franchise, license, contract or agreement.

14 Page 14 of 41 (h) The mayor shall see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise or contract are faithfully kept and performed. (i) The mayor shall supervise the preparation of, and recommend to the commission for approval, an annual budget. The mayor shall be responsible further to administer the budget as finally adopted, under policies formulated by the commission and law, and to keep the commission fully advised at all times as to the financial condition and needs of the city. (j) The mayor shall recommend to the commission for adoption measures as deemed necessary or expedient. (k) The mayor shall be responsible for the maintenance of a system of accounts and records of the city in conformance with any uniform system required by law. State law reference Mandatory that charter provide for a system of accounts that conforms to a uniform system of accounts as required by law, MCL 117.3(n). (l) The mayor shall approve all rules and regulations of the several departments of the city. (m) The mayor shall perform other administrative duties as may be established by this Charter, required by law or by the commission. In the event of the mayor's absence or disability, the mayor pro tem shall perform the duties of the mayor. During the absence or disability of both, the commission shall designate another of its members to serve as acting mayor. While in office, the acting mayor shall have all of the responsibility and authority of the mayor. Section Administrative services. (d) The administrative officers of the city shall be the city attorney, assessor and additional administrative officers as may be established, from time to time, by ordinance. The commission may combine administrative offices for the proper and efficient operation of the city. All administrative officers of the city, except the city attorney, shall be appointed by the mayor for an indefinite period, subject to confirmation by the commission. All administrative officers, other than the city attorney, shall be responsible to the mayor, have their compensation fixed by the mayor in accordance with budget appropriations and may be discharged by the mayor in accordance with procedures adopted by the commission. The commission shall establish, by ordinance, such departments of the city as it deems necessary or advisable and shall prescribe the functions of each department and the duties and responsibilities of department personnel. The mayor may, consistent with the law, prescribe additional duties and responsibilities for the personnel of those departments which are responsible to the mayor. All city personnel, other than officers of the city, shall be city employees. The head of each department shall have the power to hire, suspend or discharge employees for that department, subject to approval by the mayor. State law reference Mandatory that charter provide for an assessor, MCL 117.3; tax assessments generally, MCL et seq. Section Clerk: Functions and duties.

15 Page 15 of 41 The clerk shall be the clerk of the commission, attend all meetings of the commission, and keep a permanent journal in the English language of its proceedings. The clerk shall be custodian of the city seal, affix it to all documents and instruments requiring the seal and attest the same. The clerk shall also be custodian of all records pertaining to the city, the custody of which is not otherwise provided for by law. The clerk shall certify by signature all ordinances and resolutions adopted by the commission. (d) The clerk shall maintain and provide a supply of forms for petitions required to be filed for any purpose by the provisions of law. (e) The clerk shall publish and post all notices, proceedings and other matters required by law. (f) The clerk shall administer the oath of office. (g) The clerk shall be the chief election officer of the city. (h) The clerk shall perform such other duties as may be prescribed by law. State law reference Mandatory that charter provide for clerk, MCL 117.3; mandatory that charter provide for keeping in the English language a written or printed journal of each session of the legislative body, MCL 117.3(m). Section Treasurer: Functions and duties. (d) (e) (f) The treasurer shall have the custody of all funds of the city, any bond pertaining solely to the clerk and all evidence of indebtedness belonging to, or held in trust by, the city. The treasurer shall collect all moneys of the city the collection of which is not otherwise provided by law. The treasurer shall receive from other city officers and employees all money belonging to and receivable by the city that may be collected by such officers and employees, including fines, fees, taxes, assessments and all other charges. All money shall be turned over to the treasurer after collection or receipt, and the treasurer shall in all cases give a receipt therefor. As permitted by law, the treasurer shall keep and deposit city funds in the manner and depositories prescribed by the commission, and shall report the same in detail to the mayor. The treasurer shall disburse all city funds as provided by law and in accordance with those procedures established by the commission. The treasurer shall have such powers and duties in regard to the collection and custody of state, county, school district and city taxes as are conferred by law. The treasurer shall perform such other duties as may be prescribed by law. State law reference Mandatory that charter provide for treasurer, MCL 117.3; depositories, MCL et seq. Section Assessor: Functions and duties. The assessor shall possess all powers vested in, and shall be charged with all duties imposed upon, assessing officers by law. The assessor shall prepare tax, special assessment and other rolls, and shall perform such other duties as prescribed by law. Section Attorney: Functions and duties.

16 Page 16 of 41 (d) (e) (f) The attorney shall act as legal advisor and attorney to the commission and shall be responsible solely to the commission. The attorney shall advise any city officer or department head in matters relating to official duties, when requested. The attorney shall prosecute ordinance violations and shall represent the city in court and before other tribunals as the commission directs. The attorney shall file with the clerk copies of all records and files as the commission directs. The attorney shall prepare or review all ordinances, contracts, bonds and other written instruments at the request of the commission and shall promptly provide an opinion as to the legality of such documents. The attorney shall call to the attention of the commission all matters of law, and changes or developments to the law, affecting the city. The attorney shall perform such other duties as may be prescribed by the commission or by law. Upon the recommendation of the attorney, or upon its own initiative, the commission may retain special legal counsel to handle any matter in which the city has an interest, or to assist the attorney. Section Compensation of attorney and special counsel. The compensation of the attorney shall be set by the commission. No compensation to special legal counsel shall be paid, except in accordance with an agreement between the commission and the attorney or special counsel made prior to rendering services. Section Deputy administrative officers. The clerk, treasurer and assessor may designate their own deputies, subject to the written confirmation of the mayor, and may terminate the status of their deputies at their discretion, with the written approval of the mayor. Such deputies shall possess all powers of their superior officers, except as limited by their superiors or the mayor. Section Independent boards and commissions. The commission may create such boards, authorities, committees or commissions as permitted by law. Except as otherwise provided by law, members of such bodies shall be appointed by the mayor, subject to confirmation by the commission. Section Planning commission. The city shall maintain a planning commission in accordance with and having the powers and duties granted by law. The planning commission shall advise the commission in regard to the proper development of the city and shall annually recommend a schedule of public expenditures and improvements. The commission shall maintain a zoning ordinance and comprehensive plan. State law reference Planning commission, MCL et seq.

17 Page 17 of 41 Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VII. - GENERAL FINANCE AND BUDGET >> CHAPTER VII. - GENERAL FINANCE AND BUDGET [2] Section Fiscal year. Section Budget procedures. Section Budget hearing. Section Adoption of budget. Section Budget control. Section Depository. Section Investment of city funds. Section Independent audit and report. Section Schedule of capital improvements. Section Administration. Section Fiscal year. The fiscal year of the city shall begin on July 1. Section Budget procedures. The mayor shall submit to the commission, on or before the first regular meeting in April, a recommended budget covering the next fiscal year. The recommended budget shall include the following: (d) (e) (f) Detailed estimates, with supporting explanations, of all proposed expenditures, including the corresponding expenditures for the last preceding fiscal year, the current fiscal year to March 1 and estimated expenditures for the balance of the current fiscal year. Statements of the bonded and other indebtedness of the city, showing debt redemption and interest requirements, debt authorized and unissued, and the status of any sinking funds. Detailed estimates of all anticipated revenues of the city from sources other than taxes, with a comparative statement of revenues received by the city from each of the same or similar sources for the last preceding fiscal year, the current fiscal year to March 1 and estimated revenues for the balance of the current fiscal year. An estimate of the fund equity or deficit for the current fiscal year. 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 available to meet proposed expenditures. Such additional information as the commission may request or as required by law. Section Budget hearing.

18 Page 18 of 41 A public hearing on the budget shall be held before its final adoption at the time and place established by the commission. Notice of the public hearing and that the proposed budget is on file with the city shall be published at least one week in advance of the hearing. The proposed budget shall be kept on file for public inspection during regular business hours at the clerk's office for a period of not less than one week prior to the hearing. Section Adoption of budget. After the public hearing, and not later than the last regular meeting in May, the commission shall, by resolution, adopt a budget for the next fiscal year, adopt an appropriations act for the funds needed for municipal purposes during the next fiscal year and provide for a levy of the amount necessary to be raised by taxes, as required by law. Section Budget control. (d) (e) (f) Except as permitted by law, no funds shall be expended, nor shall any obligation for an expenditure be incurred, except as authorized by the adopted appropriations act. The commission, by resolution, may transfer any unencumbered and uncommitted appropriation balance, or any portion thereof, from one account, department, fund or agency to another. As permitted by law, the commission may make additional appropriations during a fiscal year for unanticipated expenditures required of the city. Additional appropriations shall not exceed the amount by which actual and anticipated revenues for the year exceed the revenues estimated in the budget. The commission may make additional appropriations from any available and unencumbered funds. Expenditures shall not be charged directly to a contingency fund; instead, the necessary part of a contingency fund shall be transferred to the logical account and the expenditure then charged to such account. At the beginning of each quarterly period during the fiscal year, and more often if required by the commission, the mayor shall submit information to the commission, showing the relation between the estimated and actual revenues and expenditures to date. If it appears that the revenues are insufficient, the commission shall take necessary action to prevent expenditures from exceeding revenues. The balance in any budget appropriation which has not been encumbered at the end of a fiscal year shall, subject to the provisions of this Charter, revert to fund equity. The balance in any budget appropriated for construction projects and capital expenditures approved by the commission may be automatically reappropriated. Section Depository. The commission shall designate depositories for city funds and provide for the regular deposit of city funds as permitted by law. State law reference Depositories, MCL et seq. Section Investment of city funds. Funds may be invested by the city as permitted by law.

19 Page 19 of 41 State law reference Investment of surplus funds of political subdivisions, MCL et seq.; Surplus Funds Investment Pool Act, MCL et seq.; Local Government Investment Pool Act, MCL et seq. Section Independent audit and report. An independent audit shall be made of all city financial records, accounts and procedures at least annually, and more frequently if deemed necessary by the commission. The audit shall be performed by certified public accountants selected by the commission. The mayor shall submit an annual report of the affairs of the city, including a financial report. Copies of the audit and annual report shall be made available for public inspection and filed. State law reference Annual audits, MCL et seq.; annual financial report, MCL Section Schedule of capital improvements. The mayor shall submit to the commission, simultaneously with the recommended budget, a schedule showing proposed capital improvement expenditures for the next six fiscal years. Only expenditures anticipated to exceed a commission determined amount need be included. The mayor shall prepare the schedule based on consultations with, and recommendations from, the planning commission and others as directed by the commission. The schedule shall separately identify proposed capital acquisitions and expenditures with estimates of cost and proposed methods of financing, as accurate as may be made without detailed plans and specifications. As required by law, the schedule shall be for the guidance of the commission in adoption of the regular annual budget and the commission may delete items or make revisions as it deems appropriate. After making any desired corrections, the commission shall adopt the capital improvement schedule at the same meeting as it adopts the regular annual budget. Adoption of the schedule shall not obligate the city to carry out the programs or improvements listed, nor obligate the city to include any items in future budgets or appropriate funds. Section Administration. The commission may adopt ordinances or resolutions, consistent with this Charter, identifying procedures to be followed in administering the budget. FOOTNOTE(S): (2) State Law reference Uniform Budgeting and Accounting Act, MCL et seq.; Revised Municipal Finance Act, MCL et seq. (Back) Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VIII. - TAXATION >> CHAPTER VIII. - TAXATION [3] Section Power to tax; tax limit. Section Subjects of taxation. Section Exemptions.

20 Page 20 of 41 Section Preparation of the assessment roll. Section Board of review. Section Duties and functions of board of review. Section Meetings of the board of review. Section Notice of meetings. Section Endorsement of roll. Section Clerk to certify tax levy. Section City tax roll. Section Tax roll certified for collection. Section Lien and persons liable. Section Statement to taxpayers. Section Collection of city taxes. Section Failure or refusal to pay personal property tax. Section Delinquent tax roll to county treasurer. Section State, county and school taxes. Section Power to tax; tax limit. The city shall have the power to assess taxes and to levy and collect rents, rolls and excises. Exclusive of any levies authorized by law to be made beyond charter tax rate limitations, the annual ad valorem tax levy shall not exceed three-tenths of one percent of the taxable value of all real and personal property in the city, subject to the following: Up to an additional one one-hundredths of one percent of the taxable value of all real and personal property in the city may be levied for a period of twenty years, to wit: 1994 through 2014, for park site acquisitions and improvements; Up to an additional fifteen-hundredths (0.15) mills upon the taxable value of all real and personal property in the city may be levied for a period of fifteen years, to wit: 1994 through 2009, to be used for landfill remedial action; Up to an additional four and twenty-six hundredths twenty thousandths (4.2620) mills upon the taxable value of all real and personal property in the city may be levied to be used to provide police and fire protection in the city; (d) Up to an additional thirty-five hundredths (0.35) mills upon the taxable value of all real and personal property in the city may be levied to be used to provide funds for the construction of a library building in the city and to maintain the library for all purposes authorized by law. (Election of ; Election of ; Election of ) State law reference Charter to provide for levying of taxes, MCL 117.3(g); limitations on tax rate, Mich. Const. (1963), art. VII, 21, MCL 117.3(g), 117.5, a. Section Subjects of taxation. The subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under the law. Except as otherwise provided by this Charter, city taxes shall be levied, collected and returned as provided by law. State law reference Mandatory charter provisions, MCL 117.3(f). Section Exemptions.