Page 1 of 25 PART I - CHARTER [1] Footnotes: --- (1) --- Editor's note Printed herein is Part A, Corporate Powers, of the Charter of Grosse Pointe, Michigan, as adopted by the electors on May 3, 1934, and effective on June 4, 1934. Part B, Employees' Retirement System, adopted by the electors on November 1, 1945, is not printed in this volume but is on file in city hall. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. 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. State Law reference Home rule cities generally, MCL 117.1 et seq., MSA 5.2071 et seq.; power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22. PART A. - CORPORATE POWERS Section 1. - [Description of corporate territory.] The municipal corporation now existing and heretofore known as the Village of Grosse Pointe, and including all the territory described as follows: Beginning at a point on the shore of Lake St. Clair, distant 33 feet southwesterly and measured perpendicularly from the northeasterly line of Private Claim 300; thence northwesterly on a line which is 33 feet southwesterly and parallel to said northeasterly line of Private Claim 300 to the centerline of Jefferson Avenue; thence northeasterly along the centerline of Jefferson Avenue to its intersection with the northeasterly line of Private Claim 300; thence northwesterly along the northeasterly line of Private Claim 300 to the centerline of Mack Avenue; thence southwesterly along the centerline of Mack Avenue to the centerline of Cadieux Road; thence southeasterly along the centerline of said Cadieux Road and the extension thereof to the shore line of Lake St. Clair; thence northeasterly along the shore of Lake St. Clair to the point of beginning. shall continue to be a body politic and corporate under the name "City of Grosse Pointe." State Law reference Incorporation, consolidation of territory and alteration of boundaries of home rule cities, MCL 117.61 et seq., MSA 5.2085 et seq. Section 2. - [Powers generally.]
Page 2 of 25 The city shall provide for the public peace and health and for the safety of persons and property. It shall have power to exercise any and all of the powers which cities are, or may hereafter be, permitted to exercise under the constitution and laws of the State of Michigan, as fully and completely as though the powers were specifically enumerated herein, and to do any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants, except for such limitations and restrictions as are provided in this charter, and no enumeration of particular powers of the City in this charter shall be held to be exclusive. ELECTIONS Section 3. - [Applicability of state laws.] The general laws of the state governing registration of voters and elections of officers shall apply to and control registrations and elections in the city, except as such general laws relate to party registration or enrollment or other party procedure, and except as otherwise provided by this charter. State Law reference Michigan election laws, MCL 168.1 et seq., MSA 6.1001 et seq.; mandatory that Charter provide for the time, manner and means of holding elections, MCL 117.3(c), MSA 5.2073(c). Section 4. - [Election commission; duties of city clerk.] The city clerk, city attorney, and city treasurer shall be the election commission, and the city clerk shall have charge of all other activities and duties relating to the conduct of elections in the city. (Amend. of 11-3-15(1)) State Law reference MCL 168.25. Section 5. - [Election boards in precincts.] The election commission shall appoint an election board of not more than six members in each election precinct and designate the chairman. Such full time officials and clerical employees of the city as may not be employed at their regular work on election day may be appointed on election boards and shall serve without extra compensation. The compensation for other election personnel shall be a fixed amount determined in advance of each election by the election
Page 3 of 25 commission; provided, that if the expenditures for such services exceed the amount appropriated for elections in the budget, they must be approved by the council as are other increases in appropriations for any department or function. Section 6. - [Wards, precincts.] The city shall consist of one ward, containing one or more voting precincts as required by state law. When more than one voting precinct is required, the boundaries of each shall be defined by ordinance. It shall be the duty of the clerk to advise the council when it is necessary to increase or decrease the number of precincts, but in no case shall the number exceed the minimum number required by state law and this charter. State Law reference Mandatory that Charter provide for one or more wards, MCL 117.3(e), MSA 5.2073(e); election precincts, MCL 168.654 et seq., MSA 6.1654 et seq. Section 7. - [Filing of nominating petitions; fee.] Except as provided in section 642, an officer required to be elected at the odd year general election shall be nominated at the odd year primary election. Until December 31, 2013, if a charter provides for nomination by caucus or by filing a petition or affidavit directly for the general election, the candidate filing deadline or certification deadline shall be 4:00 p.m. on the twelfth Tuesday before the odd year general election. Beginning January 1, 2014, if a charter provides for nomination by caucus or by filing a petition or affidavit directly for the general election, the candidate filing deadline or certification deadline shall be 4 p.m. on the fifteenth Tuesday before the odd year general election. Until December 31, 2013, if a charter provides for the election at the primary of a candidate who receives more than 50 percent of the votes cast for that office, the candidate filing deadline or certification deadline shall be 4:00 p.m. on the twelfth Tuesday before the primary. Beginning January 1, 2014, if a charter provides for the election at the primary of a candidate who receives more than 50 percent of the votes cast for that office, the candidate filing deadline or certification deadline shall be 4:00 p.m. on the fifteenth Tuesday before the primary. (Amend. of 11-3-98; Amend. of 11-3-15(2)) [2] Footnotes: --- (2) --- Please note that the time for filing petitions has been pre-empted by state law. Please see MCL 168.644e.
Page of 25 Section 8. - [Frequency of elections.] A regular city election shall be held each two years on the first Tuesday in November, beginning in 1935. Special elections shall be held when called by resolution of the city council adopted at least 30 days in advance of such special election, or when required by this charter or the general laws of the state. Editor's note Regular elections are now held on the Tuesday succeeding the first Monday in November of each odd-numbered year pursuant to MCL 168.644a, MSA 6.1644(1). Section 9. - [Ballots.] The names of candidates for each office shall be rotated on ballots for all city elections, and in all other respects the printing and numbering of ballots shall conform to state law, except that no party designation or emblem shall appear on any city ballot. State Law reference Arrangement of ballot, MCL 168.706, MSA 6.1706. Section 10. - [Canvassing of returns.] (1) (2) (3) (4) A 4-member board of county canvassers is established in every county in this state. All of the powers granted to and duties required by law to be performed by all boards of canvassers established by law, other than the board of state canvassers, are granted to and required to be performed by the board of county canvassers. The board of county canvassers shall conduct all recounts of elections in cities, townships, villages, school districts, metropolitan districts, or any other districts and be vested with all of the powers and required to perform all the duties in connection with any recount. If a city, village, metropolitan district, or any other district, other than a school district, lies in more than one county, and a duty is to be performed by the board of county canvassers, the board of county canvassers in the county in which the greatest number of registered voters of the city, village, metropolitan district or other district resides at the close of registration for the election involved shall perform the duty. Except as otherwise provided in this subsection, if a school district lies in more than one county, the board of county canvassers for each county in which a portion of the school district lies shall canvass that portion of a school district election that is held in that county. If a school district election precinct lies in more than one county, the board of county canvassers of the county in which the largest number of registered electors of that precinct
Page 5 of 25 reside shall canvass the results of that precinct. Notwithstanding the provisions of the preceding two sentences, unless the school district election is conducted on the same date as another election in the county, a board of county canvassers that is not responsible for certifying the results of the school district election is not required to meet to canvass the school district election and the board of county canvassers responsible for certifying the results of the school district election shall canvass that portion of the school district election held in that county. Upon completion of the canvass, the clerk of the board of county canvassers shall transmit the canvassed results to the county clerk of the county in which the largest number of registered electors of that school district reside. Upon receipt of the canvassed results, the county clerk of the county in which the largest number of registered electors of that school district reside shall make a statement of returns and certify the results of the school district election to the secretary of the school board. Notwithstanding any of the foregoing provisions of this subsection, if a city or village that lies in more than one county conducts an election on the same date as a school district that lies within the city or village that is conducting an election, that portion of the school district election held within that city or village shall be canvassed by the canvassing board responsible for canvassing the city or village election. (5) (6) (7) (8) The cost of canvass of school, metropolitan district, city, township, and village elections shall be borne by the school district, metropolitan district, city, township, or village holding the election, and upon presentation of a bill for the costs incurred by the board of county canvassers, the school district, metropolitan district, city, township, or village shall reimburse the county treasurer. All boards of canvassers provided for in law including boards of school canvassers, the duties of which are by this act required to be performed by boards of county canvassers, are abolished. Members of the board of county canvassers shall be appointed for terms of four years beginning on November 1 following their appointment. Of the members first appointed, one member of each of the political parties represented on the board of county canvassers shall be appointed for a term of four years and one for a term of two years. The county clerk shall notify members of the board of county canvassers of their appointment within five days of being appointed. This section applies to all elections, any charter provision to the contrary notwithstanding. (Amend. of 11-3-15(3)) Editor's note MCL 168.24a(1) Assigns the duties formerly performed by the local board of
Page 6 of 25 canvassers to the County Board of Canvassers. GOVERNMENTAL ORGANIZATION Section 11. - [Mayor and council.] The government of the city, and all the powers thereof, except as otherwise provided by this charter or state law, shall be vested in a council consisting of a mayor and six councilmen. The mayor shall be elected at each regular city election for a term of two years. The six councilmen shall be elected for a term of four years, provided, however, that at the first election hereafter six councilmen shall be elected and of that number the three receiving the highest number of votes shall serve for four years and the remaining three for two years, and provided, further, that thereafter three councilmen shall be elected every two years for four year terms. The terms of office of the mayor and councilmen shall begin on the Monday next following their election. The mayor and councilmen shall have been registered voters in the city at least three years prior to the date of taking office and shall receive no compensation. State Law reference Mandatory that Charter provide for election of a body vested with legislative power, MCL 117.3(a), MSA 5.2073(a). Section 11A. - [Council to act as city planning commission.] The Council of the City of Grosse Pointe, Michigan, is designated and shall act as the City Planning Commission with all the powers and authority granted to planning commission by the Constitution, laws and statutes of the State of Michigan; and particularly, by Act 285 of Public Acts of 1931 [MCL 125.31 et seq., MSA 5.2991 et seq.], as amended. The Council of the City of Grosse Pointe, Michigan, may, by ordinance, extend the powers and duties of said City Planning Commission in accordance with the Constitution, laws and statutes of the State of Michigan; and particularly, Act 285 of Public Acts of 1931 as amended. (Amended by electors, 11-4-75) Section 12. - [Duties of mayor; inability to serve.] The mayor shall be the official head of the city for the service of process, the entitlement of actions and for all other purposes. He shall preside at all meetings of the council. In the event of his death, resignation or removal, the council shall choose one of its members mayor at the next
Page of 25 regular meeting. In the absence or disability of the mayor, the council shall appoint, by a simple majority of the members present, one of its members to act as mayor for the duration of such absence or disability. State Law reference Mandatory that Charter provide for election of certain officers, MCL 117.3 (a), MSA 5.2073(a). Section 13. - [Vacancies in council, other offices.] Any vacancy in the office of councilman shall be filled by appointment by a majority of the remaining members of the council. Any vacancy in any other elective office and every appointive office shall be filled by the affirmative vote of four members of the council. Section 14. - [Appointment of city clerk, treasurer, assessor.] The council shall appoint a city clerk, treasurer and assessor, and one person may, at the discretion of the council, be appointed to any two or more of said offices. (Amended by electors, 11-3-59) Section 15. - [Creation of, appointment to additional offices.] The council shall appoint a city attorney, and may, by ordinance, create such additional offices as it may deem necessary in the conduct of the City's business, but no elective office shall be created by ordinance. Any appointive office or offices established by this charter or created by ordinance may be combined in any manner that the council may see fit, except as otherwise provided by this charter or state law. All appointments to any office established by this charter shall be by the affirmative vote of four members of the council and shall be for indefinite terms. Every officer appointed to any office created by ordinance under this charter shall be appointed as provided in such ordinance. Any officer appointed by the Council may be removed at any time by the affirmative vote of four members of the council, except as otherwise provided by this charter. Except as otherwise provided by this charter or state laws, the duties, powers and compensation of officials shall be fixed by ordinance; provided, that no official may be paid by fees, except as otherwise provided by this charter, and that all fees paid to any office or officer under this charter, the ordinances of the city or general laws of the state, shall be accounted for and paid into the city treasury by the official receiving them.
Page of 25 Section 16. - [Establishment of purchasing procedures.] The Council shall by ordinance establish the procedures for the purchase and sale of personal property under the direction of the City Purchasing Agent. Further, the Council shall establish by ordinance a maximum dollar limitation for purchases and shall approve all purchases which exceed the amount of such dollar limitation. The Purchasing Agent shall not purchase any item which exceeds any budget appropriation, until the Council has increased the appropriation as provided by the within Charter. (Amended by electors, 9-1-64, 11-8-83) Section 17. - [Board of review for general tax assessments.] The council shall appoint three persons, who are citizens, who shall constitute a board of review for all general tax assessments. (Amend. of 11-3-15(4)) State Law reference MCL 211.28. Section 18. - [Municipal court, municipal judge.] The City shall have a municipal court with one judge. The municipal judge shall be a qualified resident elector of the City and an attorney licensed to practice law in the State of Michigan. No person shall be elected or appointed as a municipal judge after reaching the age of seventy years. The municipal judge shall be elected, in accordance with the provisions of this Charter, at the regular City election of 1971, and every four years thereafter. His term of office shall begin 30 days after the regular City election in November of 1971, and on the Monday next following his election for every succeeding election. Of the two municipal judges elected at the regular City election in November of 1971, under the City Charter, Part A, Section 18, in effect prior to this amendment, the one receiving the highest number of votes shall be the elected municipal judge in accordance with this amended section for purposes of the regular City election in November, 1971. The municipal judge receiving the second highest number of votes in the regular City election in November of 1971, or in the event only one municipal judge is elected at that time, then that sole judge shall continue as municipal judge until 30 days after said election, at which time the office of second municipal judge is abolished. The municipal judge shall (Sec. 23 of this Charter notwithstanding) provide a corporate surety bond in amount not less than One Thousand Dollars ($1,000.00) and shall be paid a salary the amount of which is to be fixed by ordinance or
Page of 25 such amount as may hereafter be provided for such municipal judges by state law. The municipal court and municipal judge shall have such jurisdiction, powers and duties as are now provided by Act No. 5 of Public Acts of Michigan of 1956 or may hereafter be provided by state law for such municipal courts and municipal judges. Practice and procedure before said court shall be in accordance with the practice or procedure as is now or may hereafter be provided for such municipal courts by state law. The Council may provide for the appointment of a clerk and one or more deputy clerks for said municipal court, to serve such term, be paid such salary, give such bond and perform such duties as may by ordinance be prescribed or as now or may hereafter be prescribed for such clerks by state law. The Council may provide for a court officer who shall have all of the duties and powers of court officer in the circuit courts of this state. The Council shall furnish necessary supplies and a suitable place for conducting said municipal court. (Amended by electors, 11-2-65, 11-2-71) Editor's note The municipal court was abolished by MCL 600.9921, MSA 27A.9921. Section 19. - [Appointment, powers of constable.] The Council shall appoint one constable who shall have like powers and authority as are conferred by State law on constables in townships, and shall have power to serve all processes for violations of this charter and ordinances of the city. If and when the state law shall permit, the office of constable shall be abolished and all duties thereof shall be performed by the regular police officers of the city; until such change in the state law may be made, such appointed constable shall be under the supervision of the mayor and chief of police. The only compensation of the constable shall be the fees of that office provided by state law. (Amended by electors, 11-3-59) Section 20. - [City representatives on county board of supervisors.] Such representatives as the city may be entitled to on the Wayne County board of supervisors shall be appointed by the City Council. Any elective or appointive official of the city or any citizen may be appointed to such office, and shall serve at the pleasure of the council. If any representative of the city on the county board shall be unable to attend the meetings of the board for any reason, the council may appoint a qualified person to discharge the duties of such office
Page 10 of 25 during his absence or disability. All representatives of the city on the county board shall be entitled to retain any compensation paid to them as members of such board; provided, that fulltime salaried employees of the city shall turn such compensation into the city treasury. State Law reference Election and appointment of members of the board of supervisors is now done pursuant to MCL 46.401 et seq., MSA 5.359(1) et seq. Section 21. - [Conflict of interest as to contracts.] 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 violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction under this section shall forfeit his office. State Law reference Conflicts of interest as to contracts, MCL 15.321 et seq., MSA 4.1700(51) et seq.; standards of conduct and ethics, MCL 15.341 et seq., MSA 4.1700(71) et seq. Section 22. - [Offenses by officers; penalty.] All offenses by officers of the city declared by this charter to be misdemeanors shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment for a period not exceeding ninety (90) days, or both, in the discretion of the court. Section 23. - [Bonds of officers.] Any city officer elected or appointed by authority of this charter may be required to give a bond to be approved by the council for the faithful performance of the duties of his office in such sum as the council by ordinance or resolution shall determine, but all officers receiving or disbursing city funds shall be bonded. All official bonds, except those of the justice of the peace and the constable, which shall be the same as provided by state law for such officials, shall be corporate surety bonds, and the premiums thereon shall be payable by the city. All official bonds shall be accepted only upon approval of the city attorney and shall be filed with the clerk. Section 24. - [Notice of required bond, oath; failure to execute.]
Page 11 of 25 Notice of the election or appointment of any officer of the city, and of the requirement of any official bond to be given by any officer, shall be given him by the city clerk within five days after election or appointment. If within 10 days from the date of notice, such officer shall not take, subscribe and file with the clerk his oath of office, or shall not execute and file with the clerk the required bond, such neglect shall be deemed a refusal to serve and the office shall thereupon be deemed vacant, unless the council shall extend the time in which such officer may qualify as above set forth. Oath of public officers, Mich. Const. 1963, Art. XI, 1. Section 25. - [Proper publication of notice.] When by this charter any officer is required to give publication to any notice, such notice shall be published once in a newspaper circulated in the city, and such notice shall be posted in at least five public places within the city. LEGISLATION Section 26. - [Meetings of council.] The council shall hold at least one regular meeting each month, at the usual place for holding council meetings and at such time as it shall prescribe, for the transaction of business. All meetings of the council shall be public. Special meetings of the council may be called by the mayor or any three councilmen on at least six hours written notice to each member of the council, served personally or left at his usual place of residence by the city clerk or someone designated by him; but any special meeting at which all members of the council are present shall be a legal meeting for all purposes without such notice. Absence from three consecutive regular meetings shall operate to vacate the seat of a member, unless the absence is excused by the council by resolution setting forth such excuse. The council may, by a majority vote of those present, compel the attendance of its members and other officers of the city at its meetings and enforce orderly conduct therein. Mandatory that Charter provide for public meetings, MCL 117.3(1), MSA 5.2073(1); open meetings act, MCL 15.261 et seq., MSA 4.1800(11) et seq. Section 27. - [Quorum; voting; rules of procedure.]
Page 12 of 25 A majority of the members of the council shall be a quorum for the transaction of business. Every ordinance and resolution shall be adopted or passed by the affirmative vote of four members of the council. Unless by the affirmative vote of four members of the council, no office shall be created or abolished, no tax or assessment be imposed, street, alley or public ground be vacated, real estate or any interest therein be sold or disposed of, private property be taken for public use, any vote of the council be reconsidered or rescinded at a special meeting, nor any money appropriated, except as otherwise provided by this charter. No member of the council 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 member of the council present shall vote. All votes shall be by "yea" and "nay". On all votes which are not unanimous, the yea and nay vote of each member shall be recorded in the regular proceedings, but where the vote is unanimous, it shall only be necessary to so state. The council shall determine the rules of its proceedings and keep a journal thereof in the English language, which shall be signed by the city clerk, and shall be open to the public. Mandatory that Charter provide for ordinances, MCL 117.3(k), MSA 5.2073 (k); general authority relative to adoption of ordinances, Mich. Const. 1963, Art. VII, 22; mandatory that Charter provide for keeping of journal, MCL 117.3(m), MSA 5.2073(m). Section 28. - [Style, form of ordinances.] The style of all ordinances shall be, "The City of Grosse Pointe ordains." No ordinance shall be revised, altered or amended by reference to its title only, but the section or sections of any ordinance as revised, altered, or amended shall be published in full, except as otherwise provided by this charter. The effective date of any ordinance shall be prescribed therein and shall not be less than one week after its adoption, unless the council shall, upon attaching a declaration of emergency affecting the public peace, health or safety, fix an earlier date; but no ordinance imposing a penalty shall take effect until at least ten days after publication, and no measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. Section 29. - [Enactment of ordinances; recording, publication.] All ordinances when legally enacted shall be recorded by the clerk in a book to be called "The Ordinance Book," and it shall be the duty of the mayor and the clerk to authenticate such record by their official signatures. Except as otherwise provided by this charter, all ordinances when
Page 13 of 25 legally enacted shall be immediately published by the clerk in the manner provided by this charter for publication of notices, and the clerk shall enter his certificate as to the manner and date of publication under each ordinance in the ordinance book. The council may direct the clerk to make a digest of any ordinance or amendment more than one thousand words in length; and when the council shall approve such digest and shall order its publication, such publication shall be deemed sufficient publication of such ordinance or amendment under this section. The council may adopt any detailed technical regulations (e.g., building code) as a city ordinance by reference to any recognized standard code, official or unofficial, or if such code be written in detail for the city and adopted as an ordinance, the publication of a general statement of the content and purpose, approved by the council, shall be sufficient publication of such ordinance, and any amendment to such adopted code or detailed technical ordinance may be published in the same manner. Any ordinance may be repealed by reference to its number and title only, or any section of any ordinance may be repealed by reference to the number and title of the ordinance and the number of the section to be repealed. If the council shall order a general revision and compilation of all ordinances, the printing and binding of not less than one hundred copies in booklet form shall be sufficient publication. Authority to codify, MCL 117.5b, MSA 5.2084(2); mandatory that charter provide for publication of all ordinances before they become operative, MCL 117.3(k), MSA 5.2073 (k). Section 30. - [Removal of councilmember for cause.] The council shall have the power to prefer charges involving malfeasance or misfeasance in office, violation of any of the provisions of the charter, or willful neglect of the duties of his office against any elective officer of the city; to institute impeachment proceedings; to hear and determine the same; and, if such officer, by a vote of five members of the council be found guilty of such charges, to remove him from his office, except that a member of the council if found guilty may be removed by a majority of the remaining members of the council. In all impeachment proceedings before the council under the provisions of this section, the reason for the expulsion or removal of the officer shall be entered on the records of the council with the names and votes of the members voting on the question. No officer shall be expelled or removed unless first furnished with a copy of the charges in writing at least ten days in advance of a hearing thereon and allowed to be heard in his own defense with aid of counsel. If such officer shall neglect to appear and answer such charges, his failure to do so may be deemed good cause for his removal from office.
Page 14 of 25 Section 31. - [Investigation of charges against officers; powers.] The council shall have authority, for the purpose of hearing or investigating charges against any officer, or making any other investigation germane to the city government, to require the mayor or a justice of the peace to issue subpoenas or process by warrant to compel the attendance of witnesses and the production of books and papers or any records before the council or any committee thereof. In case charges are made against any city officer, he shall be entitled to have subpoenas issued in his behalf to compel the attendance of witnesses and the production of books, papers and records. Section 32. - [Power to compel witness testimony, administer oaths.] Whenever the council, or any committee of the members thereof, is authorized to compel the attendance of witnesses for a hearing or investigation, the presiding officer of the council, or the chairman of the committee for the time being, shall have power to administer the necessary oaths; and the council or the committee shall have the same power to compel witnesses to testify as is conferred on justices of the peace. FINANCE Section 33. - [Fiscal year.] The fiscal year of the City shall begin with the first day of July in each year and end with the thirtieth day of June in the following year. (Amended by electors, 9-1-64) Section 33a. - [Interim fiscal period.] The period from April 1, 1965, to June 30, 1965, inclusive, shall constitute a special interim fiscal, budget and tax period to accomplish the transition from the previously existing fiscal year. A budget for such special fiscal period shall be prepared and adopted and administered in accordance with sections 36 to 53, inclusive, of this Charter, as hereby amended, except that the City Clerk shall submit the budget to the Council on or before March 1, 1965, and the budget shall be adopted not later than March 31, 1965. At the time of the adoption of the budget, the Council shall appropriate the money needed for municipal purposes for the three-month interim fiscal period and shall provide a levy of the amount necessary to be raised by taxes upon real and
Page 15 of 25 personal property for such purposes. Such levy shall not exceed one-fourth of the annual limit of two per cent of the assessed value of all real and personal property subject to taxation in the city. Such levy shall be spread on the tax roll which becomes due and payable on July 1, 1965, in addition to the regular taxes for the fiscal year beginning July 1, 1965, and the amounts of taxes for these two levies may be combined for the purpose of convenience in spreading of the roll and preparation of the tax bills. Taxes for the interim period shall be collected in all respects as provided in this Charter for the collection of city taxes. There shall be an audit of this interim fiscal period in accordance with the provisions of Section 53. (Amended by electors, 9-1-64) Section 34. - [Preparation, public inspection of assessment roll.] On or before the first Monday in March of each year the assessor shall make and complete an assessment roll of taxable property in the city, and shall submit the roll, over his certificate, to the council. The subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under the general law. The assessment roll shall be open to public inspection during the week of the second Monday in March, and notice to that effect shall be published by the clerk at least four days prior to the second Monday in March. Within the inspection period any person may file in writing with the clerk a complaint of any assessment, stating specifically the grounds of the complaint. (Amended by electors, 9-1-64) Mandatory that Charter provide for annually levying and collecting taxes, MCL 117.3(g), MSA 5.2073(g); mandatory that Charter provide that subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under general law, MCL 117.3(f), MSA 5.2073(f); property subject to taxation, MCL 211.1 et seq., MSA 7.1 et seq. Section 35. - [Meeting of board of review.] The board of review shall meet on the third Monday in March to review the roll and to consider the complaints which may have been filed with the clerk and to hear any complaints which property owners may make in person, or by authorized agent. The board shall continue its meeting on such successive days as may be necessary to hear all complaints. Notice of the
Page 16 of 25 meeting of the board of review shall be published by the clerk at least four days prior to the third Monday in March. Before the first Monday in April the board shall complete its review of the roll, which shall, during the next fiscal year, be the basis for the levy and collection of taxes. (Amended by electors, 9-1-64) Mandatory that Charter provide for a board of review, MCL 117.3(a), MSA 5.2073(a); mandatory that Charter provide for meeting of board of review, MCL 117.3(i), MSA 5.2073(i). Section 36. - [Preparation of budget.] Before the third Monday in February, each city officer shall submit to the city clerk an itemized estimate of the expenditures for the next fiscal year of the department or departments under his control. The clerk shall prepare a complete itemized budget for the next fiscal year and shall submit it to the council on or before the third Monday in April. (Amended by electors, 9-1-64) Mandatory that Charter provide for an annual appropriation, MCL 117.3 (h), MSA 5.2073(h). Section 37. - [Information in budget.] The budget shall include the following information: (1) (2) (3) (4) (5) Detailed estimates of the expense of conducting each department and office of the city for the ensuing fiscal year; Expenditures for corresponding items for the current year and last preceding fiscal year, with reasons for increases and decreases recommended as compared with appropriations for the current year; The value of supplies and materials on hand at the date of the preparation of the estimates, but not including office supplies and minor items generally; The amount of the total and net debts of the city together with a schedule of maturities of bond issues; A statement of the amounts to be appropriated; For interest on the city debt,
Page 1of 25 For paying off any serial bonds maturing during the year, For the aggregate for the year of the installments required to be appropriated during the life of all other bonds of the municipality in order to accumulate sinking funds sufficient to pay off such bonds at maturity; (6) (7) (8) A statement indicating any deficiency in the sinking funds and the amount to be appropriated to replace such deficiency as a whole; or the amount of the annual installment of any such deficiency to be appropriated each year for a specific number of years in order that obligations based on the sinking funds shall be retired as they mature; and a statement of all bonds and interest due but not paid, if any; An itemization of all anticipated income of the city from sources other than taxes and bond issues, with a comparative statement of the amounts received by the city from each of the same or similar sources for the last preceding and current fiscal years; An estimate of the amount of money, to be raised from taxes and the amount to be raised from bond issues which, with income from other sources, will be necessary to meet the proposed expenditures. Uniform budgeting and accounting, MCL 141.421 et seq., MSA 5.3228(21) et seq. Section 38. - [Public hearing on budget.] A public hearing on the budget shall be held at least one week before its final adoption, at such time and place as the Council shall direct, and notice of such public hearing shall be published at least one week in advance by the clerk. Section 39. - [Change in appropriations after budget adopted.] After the budget has been adopted, no appropriation shall be overdrawn, and no appropriation shall be increased except by the affirmative vote of four members of the council. The balance in any appropriation which has not been expended or transferred at the end of the fiscal year shall revert to the general fund. At the beginning of each quarterly period during the fiscal year and more often if required by the council, the clerk shall submit to the council data showing the relation between the estimated and actual income and expenditures to date; and if it shall appear that the income is less than originally estimated, the council shall reduce expenditures accordingly.
Page 1of 25 Section 40. - [Separate funds and deposits.] Upon the adoption of the budget by the council the ratios shall be determined of each of the appropriations (1) to pay the annual interest on all loans to the municipality, (2) to pay the installments of the principal of such loans falling due before the time of the following tax collection, and, (3) to make payments required to be made to sinking funds, to the total of all appropriations. Separate funds and deposits shall be established for such (1) interest, (2) principal payments and (3) sinking fund installment appropriations, and there shall be paid into each of such three funds the same proportionate shares of each dollar of taxes collected in the current year on the roll levied for the current year as such appropriations bear to the total of all appropriations as above determined. Such three funds and deposits shall be kept separate and intact from all other funds of the municipality and the investment and use of such funds and deposits shall be subject to the same restrictions as are sinking funds under state law. Nothing in this section shall bar the council from allotting other funds for the purpose of paying any indebtedness of the city and interest thereon, if collections on appropriations made are not sufficient to provide for such indebtedness and interest. Failure to perform such duties shall render any officer charged with any duty in connection with the determination of the amount of taxes to be raised or with the levying of such taxes personally liable to the municipality or to any bondholder for any loss or damage arising from such failure. Section 41. - [Adoption of annual tax levy.] Not later than the third Monday in May the council shall, by resolution, adopt the budget for all municipal expenditures for the next fiscal year and such resolution shall provide for a levy of the amount necessary to be raised by taxation, which shall not exceed two percent of the assessed valuation of all real and personal property in the city. Upon adoption of the annual tax levy, the assessor shall prepare a tax roll before the twentieth day of June. The taxes thus assessed shall become at once a debt to the city from the persons to whom they are assessed, and the amount assessed, together with all charges thereon, shall, on the first day of July, become a lien on the property assessed, of the same character and effect as the lien created by state law for state and county taxes, until paid. (Amended by electors, 9-1-64) Section 42. - [Payment of city taxes.]
Page 1of 25 One-half of the taxes levied by the city shall be due and payable on the first day of July in each year, and one-half on the first day of October in each year. On and after the 11th day of August, a penalty of 3 percent shall be charged on all unpaid city taxes due July 1; and, in addition, on and after September 30 interest at the rate of three-fourths of one percent per month shall be charged on all such taxes until paid or returned to the county treasurer. On and after the 11th day of November, a penalty of 3 percent shall be charged on all unpaid city taxes due October 1; and, in addition, on and after December 30 interest at the rate of three-fourths of one per cent per month shall be charged on all such taxes until paid or returned to the county treasurer. The city treasurer may receive payments of city taxes prior to the due dates. In returning unpaid city taxes to the county treasurer, the city treasurer shall add all penalties and interest due on said taxes to date; and from and after the date of the return, interest at the rate prescribed by state law for state and county taxes shall be collected by the county treasurer on the whole amount returned against any description of property. (Amended by electors, 9-1-64) Section 43. - [Special assessments for public improvement.] Whenever the council shall determine that the whole or any part of the expense of any public improvement shall be defrayed by an assessment on the owners of land to be benefited thereby, it shall cause the expense of such improvement to be estimated and shall declare by an entry on its journal whether the whole or what portion thereof shall be assessed to such owners and occupants, specifying the sum to be assessed, the number of installments in which it may be paid, and the portion of the city which it deems to be benefited. The assessment roll shall be open to public inspection for a period of seven days before the council shall meet to review the roll and hear complaints. The clerk shall give notice in advance by publication of the opening of the roll to public inspection and of the meeting of the council to hear complaints. If at or prior to the hearing, the owners of more than one-half of the property to be assessed shall object in writing to the improvement, the assessment shall not be made without the unanimous vote of the council. Every special assessment ratified and confirmed by the council after such hearing shall be final and conclusive. Should any special assessment prove insufficient to pay for the improvement and related costs of the project for which it was levied, the council may make an additional pro rata assessment. Should the assessment prove larger than necessary by less than five per cent, the council may place the excess in the city treasury, if by more than five per cent, the excess shall be refunded pro rata to assessments. Special assessments and all interest and charges thereon shall, from the date of confirmation of the roll, be and remain a lien upon the property assessed, of the
Page 20 of 25 same character and effect as the lien created by state law for state and county taxes, until paid. Interest at a rate not to exceed six per cent per annum shall be collected on deferred installments; and the same penalty and interest shall be paid on delinquent installments of such assessments, from such date after confirmation as shall be fixed by the council, as are provided by this charter to be paid on delinquent general city taxes, and such delinquent special assessments returned to the county treasurer for collection shall be handled in the same manner as are delinquent general city taxes. Power re assessments, MCL 117.4a, 117.4b, 117.4d, 117.5, MSA 5.2074, 5.2075, 5.2077, 5.2084. Section 44. - [Sale of personal property to satisfy taxes.] The city shall have the right to sell personal property for unpaid personal taxes, and the council may provide for judicial sale of such property. Section 45. - [Acquisition, use of property of city.] The council may provide by ordinance or resolution that the clerk shall bid in for the city any lot of land or premises at any sale for taxes or assessments levied or assessed by the city. Under such limitations as are provided by state law, the council may sell or lease in such manner and under such conditions as it may by resolution provide, any property of the city, whether acquired by purchase at tax sales or otherwise, that is not devoted to public use. Section 46. - [Levy, collection of taxes in conformance with state law.] The levy, collection and return of state, county and school taxes shall be in conformity with state law, except that the council may provide by ordinance for the collection of school taxes at a different time, upon agreement with the school board. Section 47. - [Authority to borrow money, issue bonds.] The city council may borrow money on the credit of the city for any purpose within the scope of its powers, and may issue the city's bonds or other evidences of indebtedness therefor; provided, that the authority herein granted shall be subject to all limitations, conditions, restrictions and requirements now or hereafter provided by this charter and the constitution and laws of this state. Bonds which may be issued shall include general obligation bonds; mortgage
Page 21 of 25 bonds and revenue bonds for the purpose of acquiring or constructing public utilities, which bonds may be issued beyond the general limitation of bonded indebtedness prescribed by state law when they do not impose any liability upon the city except upon the property and revenues of such public utility; special assessment bonds; bonds for the city's portion of local improvements; bonds issued in anticipation of the collection of taxes actually levied and uncollected; refunding bonds; and emergency bonds. All other types of bonds, notes and other evidences of indebtedness now or hereafter specifically authorized or permitted by state law may be issued as therein provided. Bonds and other evidences of indebtedness of the city shall be signed by the mayor and attested by the clerk under the seal of the city. The coupons evidencing the interest upon the bonds of the city may be executed with the facsimile signatures of the mayor and the clerk. City authority to borrow money on the credit of the city and issue bonds therefor, MCL 117.4a(1), MSA 5.2014(1). Section 48. - [Collection of public utility charges.] The council shall provide by ordinance for the collection of all public utility charges made by the city. Such ordinance may provide that any sums due the city on utility bills not otherwise paid shall be assessed against the real property on which the service was rendered, and shall be spread on the next regular city tax roll on which collections begin at least 90 days after the date on which such charges shall become due and payable. Such charges so assessed shall be a lien of the same character and effect as the lien created by state and county taxes, until paid. Section 49. - [Borrowing from city funds.] The council may borrow in any one year for current purposes such amount as may be permitted by state law. Such money may be borrowed from any city fund which will not be in need of the money previous to its repayment, or on tax anticipation notes as provided by state law. The budget for the next succeeding fiscal year shall include a sum sufficient to pay all such loans and interest and they shall be paid on or before September 1, of such succeeding fiscal year. Any city officer failing to perform any duty of his office in conformity with this section shall be deemed guilty of a misdemeanor. Section 50. - [Uniform accounting system.]