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Charter of the City of Port Huron, Michigan Approved April 7, 1969 Table of Contents
General Grant of Municipal Powers Powers of City Section 1. All of the powers, not inconsistent with the provisions of this charter, possessed by the City of Port Huron by virtue of its incorporation as such and enumerated in the charter of said city adopted by the people of said city at an election held April 7, 1941, as amended, which charter is hereby superseded, are expressly retained by the City of Port Huron under this charter. Further, unless otherwise provided in this charter, said city shall be vested with any and all powers expressed and implied which cities are or may hereafter be required or permitted to exercise or to provide for in charters under the constitution and laws of the State of Michigan, including all powers, privileges and immunities which cities are, or may be permitted to provide in their charters by Act 279 of the Public Acts of 1909 of the State of Michigan, as amended, as fully and completely as though the powers were specifically enumerated herein, except for such limitations and restrictions as are provided in this charter, and no enumeration of particular powers of said city in this charter shall be held exclusive, and the powers of said city under this charter shall be construed liberally in favor of said city and the specific mention of the particular powers of the charter shall not be construed as limiting in any ways the general powers stated in this section. The City Council Creation and Powers of the City Council Section 2. There is hereby created a City Council which shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the city. Said City Council is authorized to pass all laws and ordinances relating to the municipal concerns of the city of its inhabitants and shall provide laws and ordinances for the public peace, health and safety of persons and property of said city and provide proper penalty for the violation thereof, subject to the provisions of this charter and the laws and Constitution of the State of Michigan. Composition of City Council Section 3. The City Council shall consist of seven (7) members, who shall be elected on a general ticket from the city at large and shall serve for a term of two (2) years, or until their successors are elected, qualified, and have taken the oath of office. Qualifications Section 4. Members of the City Council shall have been residents of the city; [or any area annexed thereto, for a term of at least two (2) years immediately prior to their election or appointment, a] and shall have the qualifications of electors therein. The City Council shall be the sole judge of the election and qualification of its own members, subject to review by the courts. [No person shall be qualified to sit on the City Council who is in default to the city. b] No member of the City Council shall, during his term of office, hold any other salaried city office unless otherwise provided in this charter.
Restrictions on Powers of City Council Section 5a. No member of the City Council shall be interested directly or indirectly, in the profits of any contract, job or work or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or services (other than the official services of his office). Any member of the City Council offending against the provisions of this section, shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), or be imprisoned not more than ninety (90) days, or both, in the discretion of the court, and shall forfeit his office. The foregoing prohibitions of this section, as they apply to a City Councilman or Councilmen shall not apply if the City Council shall declare on its records by an affirmative unanimous vote of the remaining members of the City Council that the best interests of the city are served despite a personal interest, direct or indirect. Section 5b. No ordinance or resolution shall be adopted or passed except by the affirmative vote of at least four (4) members of the Council. Section 5c. The City Council shall make no contract with any person who is in default to the city. Section 5d. There shall be no standing committees of the City Council. Organization of City Council Section 6. At 7:30 o'clock p.m. on the first Monday following the regular municipal elections, the City Council shall meet at the usual place for holding the meetings of the City Council, at which time the members of the new City Council shall assume the duties of their office. Regular Meetings of City Council Section 7. Regular meetings of the City Council shall be held at least twice each month at the usual place of holding meetings of the City Council at such times as the City Council shall, by ordinance prescribe. Special Meetings of the City Council Section 8. Special meetings of the City Council may be called by the City Clerk on the written request of the Mayor or any three (3) members of the City Council on at least twenty-four (24) hours written notice to each member of the City 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 City Council are present or have waived notice in writing, shall be a legal meeting for all purposes, without such notice. Meetings of City Council to be Public Section 9. All regular and special meetings of the City Council shall be open to the public and the rules of order of the City Council shall provide that the citizens shall have reasonable opportunity to be heard. Quorum Section 10. Four (4) members of the City Council shall be a quorum for the transaction of business, but, in the absence of a quorum, two (2) or more members may adjourn any regular or special meeting to a later date. Rules of Order Section 11a. The City Council shall determine its own rules and order of business. Section 11b. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "Yea" and "Nay" votes and entered upon the record, except that where the vote is unanimous, it shall only be necessary to so state. Section 11c. Any citizen shall have access to the minutes and records of all regular and special meetings of the City Council at all reasonable times. Compensation; Expenses Section 12. The compensation of each member of the City Council shall be twenty dollars ($20.00) per each regular and special meeting attended (not to exceed a combination of fifty [50] regular and special compensated meetings annually), except that of the Mayor who shall receive thirty dollars ($30.00) per each regular and special meeting attended (not to exceed a combined total of fifty [50] regular and special compensated meetings annually). The above compensation shall be payable monthly. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office, as authorized by the City Council. Forfeiture of Office Section 13. A Councilman shall forfeit his office if he: 1) lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law; 2) violates any expressed prohibition of this Charter; 3) fails to attend four (4) consecutive meetings of the Council without being excused by a majority vote the members thereof. Discipline Section 14. The City Council may, by a vote of not less than two (2) of its members, compel the attendance of its members at its regular meetings and enforce orderly conduct therein; and any member of the City Council who refuses to attend such meetings and conduct himself in an orderly manner thereat shall be deemed guilty of misconduct in office. Vacancies Section 15a. A vacancy shall be deemed to exist in the City Council when any member of the City Council dies, resigns, is removed from office, moves from the city, is convicted by a court of competent jurisdiction of a felony, or if misconduct in office under this charter, or is judicially declared to be mentally incompetent. Section 15b. In case of a vacancy in the office of any member of the City Council, except by recall, the remaining members of the Council shall appoint within thirty (30) days a qualified person to fill the unexpired term. Section 15c. The qualified person to fill the vacancy shall first be chosen from the candidates for City Council in the immediately preceding general election for City Council who received at least 25% of the total votes cast; priority shall be given to the candidates in the order of the number of votes received, beginning with the highest vote recipient. If the City Council is unable to fill the vacancy within 30 days, or if the number of vacancies existing on the Council reduces the membership below a quorum, the City Clerk shall call a special election for the purpose of filling such vacancy or vacancies for the balance of the term(s) provided that more than six (6) months from the date of vacancy remain of the unexpired term, except in the case of lack of a quorum. Candidates shall be nominated by petitions in a manner identical to that provided in Section 30 of the City Charter. The City Clerk shall publish notice of the last day, time and place for filing nominating petitions. Except in the case of lack of a quorum, if less than six (6) months from the date of the vacancy remain, the City Council will choose from applications submitted by qualified members of the community. [Section 15c adopted by electors on November 2, 1999.] Investigations Section 16. The Council or any person or committee authorized by it may make investigations into the affairs of the city and the conduct of any city department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than $500.00, or by imprisonment for not more than ninety (90) days, or both. The Mayor Section 17. Each City Council elected under this charter shall at its first regular meeting choose one of its members as Mayor and another as Mayor Pro Tem. The Mayor Pro Tem shall perform all the duties, of the Mayor, when, on account of illness, absence from the city, or disability, the Mayor is temporarily unable to perform the duties of his office. In case of vacancy in the office of Mayor, the Mayor Pro Tem shall fill the unexpired term of the Mayor and the City Council shall appoint one (1) of its elected members Mayor Pro Tem. Powers of Mayor Section 18a. Insofar as required by state law, and for all ceremonial purposes, the Mayor shall be recognized as executive head of the city. He shall have a voice and vote in the proceedings of the City Council, but no veto power. Section 18b. He shall authenticate by his signature such instruments as the City Council, this charter, or the laws of the State shall require. Section 18c. He shall exercise only such powers as the State laws, this charter, or the City Council specifically confer upon him. Publication Section 19. A summary of the proceedings of the City Council shall be published in one newspaper, published and circulated in the city, as soon as practicable after the meeting has been held. Proceedings of the City Council, in the English language, shall also be printed in full as a permanent record suitable for convenient use, a copy of which shall be filed in the Office of the City Clerk. City Legislation Ordinance Enactment Section 20a. All legislation of the City of Port Huron shall be by ordinance. Each ordinance shall be identified by a number and a short title, and no ordinance shall contain more than one subject which shall be clearly expressed in its title. Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances passed by the City Council shall be, "The City of Port Huron Ordains." No ordinance shall be revised, altered, or amended by reference to its title only, but the section or sections of the ordinance revised, altered, or amended shall be re-enacted and published at length, and all ordinances when enacted shall be immediately recorded by the City Clerk in a book to be called "The Ordinance Book"; and it shall be the duty of the Mayor and City Clerk to authenticate such record by their official signatures thereon. Ordinances shall be repealed in the same manner and take effect as their enactment. All ordinances shall become effective upon publication. Section 20b. Emergency ordinances shall become effective immediately upon adoption by a five-sevenths (5/7) vote of the Council. Penalties Section 21. The City Council shall provide in each ordinance for the punishment of those who violate its provisions. No punishment for the violation of any city ordinance or for the commission by any officer of the city of any act declared by this charter to constitute misconduct in office shall exceed a fine of five hundred dollars ($500.00) or imprisonment for ninety (90) days, or both in the discretion of the court, except that any officer of the city found guilty of any act, declared by this charter to constitute misconduct in office, shall, in addition to such fine or imprisonment, or both, forfeit his office. Publication of Ordinances Section 22a. Within five (5) days after the adoption of an ordinance by the City Council and before the same shall become effective, such ordinance shall be published in full in some newspaper printed and published in said city in the manner provided in Section 100. Section 22b. Emergency ordinances shall also be published in the same manner but shall become effective immediately as provided in Section 20b. Adoption of Codes by Reference Section 23. The Council may adopt the latest fire prevention code of the National Board of Fire Underwriters or any law, code, rules or regulations which have been promulgated and adopted by any duly authorized agency of the State of Michigan pertaining to fire, fire hazards, fire prevention or fire waste, and any plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, boiler operation code or elevator machinery code, or codes pertaining to flammable liquids and gases as well as to hazardous chemicals, which have been promulgated by the State of Michigan, or by any department, board or other agency thereof, or by any organization or association which is organized and conducted for the purpose of developing any such code or codes by reference thereto in an adopting ordinance and without publishing any such code in full; provided, however, that said code is clearly identified in said ordinance and that the purpose of said code shall be published with the adopting ordinance and that printed copies thereof are kept in the Office of the City Clerk, available for inspection by and distribution to the public at all times, and provided further that the publication shall contain a notice to the effect that a complete copy of said code is available for public use and inspection at the Office of the City Clerk. Any amendment to or revision of such adopted code or detailed technical ordinance may be published in the same manner. Improvements, Franchises and Contracts Section 24. Every ordinance or resolution appropriating money or ordering any street improvement, or sewer or water main to be installed therein, or making or authorizing the making of any contract, or granting any franchise or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose shall be complete in the form in which it is finally passed, and remain on file with the City Clerk for public inspection for at least one week before the final passage or adoption thereof except as otherwise provided in this charter. Boards and Commissions Section 25. The City Council shall, subject to the constitution and general laws of the state and provisions of this charter, provide by ordinance or resolution for such boards and commissions as it may, from time to time, deem necessary. Compilation Section 26a. Copies of all ordinances which are in effect and all amendments to the City Charter shall be prepared and kept on hand in the Office of the City Clerk available for public distribution. Section 26b. At least once in every ten (10) years the City Council shall direct the compilation or codification and the publication in book form of the charter and of all ordinances of the City then in force, and may provide for a reasonable charge therefor. The copies of ordinances and publications referred to in the above section shall be certified by the City Clerk under the authority of the City Council and shall be competent evidence in all courts and legally established tribunals as to the matters contained therein. Initiative and Referendum Section 27a. An ordinance may be initiated by petition, or a referendum on an ordinance enacted by the City Council may be had, by a petition, as hereinafter provided. Section 27b. An initiatory or a referendary petition shall be signed by registered qualified electors of the city in number equal to twenty-five per cent (25%) of the electors of the city voting for the city councilman receiving the highest number of votes at the last regular city election held prior to the filing of the petition. Before being circulated for signatures, all such petitions shall be approved as to form by the City Attorney. No such petition need be on one paper, but may be the aggregate of two (2) or more petition papers. Each signer of a petition shall sign his name in ink or indelible pencil, and shall place thereon, after his name, the date and his place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Any such petition shall be filed with the City Clerk who shall within ten (10) days, determine the sufficiency thereof and so certify. If found to contain an insufficient number of names of qualified electors of the city, or to be improper as to form or compliance with the provisions of this section, ten (10) days shall be allowed for the filing of supplemental petition papers. When found sufficient and proper, the City Clerk shall present the petition to the City Council at its next regular meeting. Section 27c. Upon receiving a certified initiatory or referendary petition from the City Clerk, the City Council shall, within thirty (30) days, either:
Section 27d. Should the City Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the City for any other purpose or, in the discretion of the City Council, at a special election. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by the constitution or laws of the State of Michigan. Section 27e. The certification by the City Clerk of the sufficiency of a referendary petition within twenty (20) days after the passage to the ordinance to which such petition refers shall automatically suspend the operation of the ordinance in question pending repeal by the City Council or final determination by the electors as the case may be. An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed by the City Council. Should two (2) or more ordinances adopted at the same election have conflicting provisions, the one receiving the highest vote shall prevail as to those provisions. Elections Wards and Precincts Section 28. The City of Port Huron shall constitute one (1) ward. The Council may by ordinance establish convenient election precincts. Until the Council shall otherwise ordain, the election precincts shall continue as now established. Elections [NOTE: On December 28, 1970 the City Council adopted a motion declaring the City of Port Huron's intention to be automatically affected by Act No. 239, Mich PA of 1970, Odd Year Election Act, and not "Opt out" as the Act provided for.] Section 29a. A non-partisan regular city election shall be held on the [first Monday in April in each odd-numbered year.] At each regular city election, there shall be elected from the City at large, seven (7) City Councilmen and such other elective officials of the city for which provision is made in this charter. [MCL 168.644a; Mich PA 239 of 1970: Tuesday succeeding the first Monday in November in every odd-numbered year.] Section 29b. Special elections shall be held when called by resolution of the Council at least twenty-one (21) days in advance of such election, or when required by this charter or the general laws of the state. Such resolution shall set forth the purpose of the election. [MCL 168.639, Mich PA 61 of 1981: ...the proposed date...shall be submitted to a county election scheduling committee...] Section 29c. Non-partisan city primary elections shall be held on the [third Monday in February in each odd-numbered year.] If, upon the expiration of the time for filing nomination petitions for any elective city office, it appears that petitions have been filed for no more than twice the number of candidates for such office to be filled at the next city election, then no primary election shall be held in respect to such office and the City Clerk shall publish notice of such fact. [MCL 168.644b; Mich PA 239 of 1970: Tuesday following the first Monday in August of each odd numbered year.] Nominating Petitions Section 30. Candidates for any elective office under this Charter shall be nominated by petition. Any qualified elector of the city may be nominated for election. Nominating petitions on official blanks, signed by not less than seventy-five (75) nor more than one hundred twenty-five (125) registered electors of the city shall be filed with the City Clerk not later than 4:00 o'clock in the afternoon of the [seventh Monday prior to the third Monday in February of each odd-numbered year.] Official blank petitions shall be prepared by the City Clerk and shall be furnished by him upon receipt of consent of the candidate in whose behalf petitions are requested. [MCL 168.322; Mich PA 583 of 1996: twelfth Tuesday prior to the odd-year primary election.] Approval of Petitions Section 31. The City Clerk shall accept for filing only such nominating petitions for qualified candidates as are on official blanks and contain the required number of signatures. He shall forthwith determine the sufficiency of the signatures on each petition filed and, if he finds any petition does not contain the required number of legal signatures of registered electors, he shall forthwith notify the candidate. Within the regular time for filing petitions such a petition may be amended and filed again as a new petition or a different petition may be filed for the same candidate. The City Clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions. Election Procedure Section 32. The general election laws of the state shall apply to and control, as near as may be, all procedure relating to elections, except as such laws relate to political parties or partisan procedure or require more than one publication of notice and except as otherwise provided by this charter. In any circumstance where the application of said laws may be uncertain, the Election Commission shall construe the same and prescribe the procedure. Canvass of Vote Section 33. The general election laws of the state shall apply to and control, as near as may be, the membership of the City Board of Canvassers and all procedures relating to the canvassing of the vote at all elections under this charter. The City Board of Canvassers shall meet in the Office of the City Clerk on the Wednesday next succeeding any city election at nine o'clock in the forenoon of that day and publicly canvass the election returns, and shall determine the vote upon all questions and propositions and declare whether the same have been adopted or rejected and what persons have been elected at such election. The candidate or candidates (where more than one (1) are to be elected to the same office) who shall receive the greatest number of votes shall be elected. In any circumstance where the application of said laws may be uncertain, the Election Commission shall construe the same and prescribe the procedure. Tie Vote Section 34. If at any municipal election there shall be no choice between candidates by reason of two (2) or more having received an equal number of votes, then the Council shall proceed to determine the election of such candidates by lot in the same manner, as near as may be, as shall be provided by the general election laws of the State. Election Commission Section 35. The Election Commission shall consist of the City Clerk, the Chief of Police and the City Attorney. The City Clerk shall be chairman. The Commission shall appoint the inspectors of election and fix their compensation and shall perform all of the duties required of City Election Commissions by state law or this charter. Voting Hours Section 36. The polls for all elections shall be opened at seven (7) a.m., or as soon thereafter as possible, on election day and remain open until eight (8) p.m. of the same day. Recall Section 37. Any elective official may be removed from office by the electors of the city in the manner provided by the general laws of the State. A vacancy created by the recall of any elective officer shall be filled by election in the manner prescribed by State law. No person who has been removed from office by recall, or who has resigned from office while recall proceedings are pending against him, shall be appointed to any office within two (2) years after such recall or resignation. Administrative Service City Manager Section 38. The Council shall appoint a City Manager for an indefinite term who shall be the chief administrative officer and the head of the administrative branch of the city government. The Manager need not be a resident of the city or the state at the time of his appointment. By mutual consent, the Council and the Manager may enter into a contract establishing salary, notice of termination, severance pay, vacation, pension benefits, and related conditions of employment. Acting City Manager Section 39. By letter filed with the City Clerk, the City Manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of Manager during his temporary absence or disability of thirty (30) days or less. When said absences or disabilities exceed thirty (30) days, an acting city manager shall be appointed by the Council. Qualifications of City Manager Section 40. The Manager shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his training and actual experiences in municipal administration. No member of the Council shall be eligible for appointment as Manager until two (2) years subsequent to the termination of his service on the Council. Removal Section 41. The Manager may be removed by a majority vote of the members of the Council as herein provided, except that no Manager who has been in the service of the city for one (1) year or more prior to a regular city election shall be removed within the ninety (90) days subsequent to such election unless by a two-thirds vote of the members of the Council. At least thirty (30) days before removal of the Manager, the Council shall adopt a resolution stating its intention to remove him and the reasons therefor, a copy of which shall be served forthwith on the Manager, who may within ten (10) days demand a public hearing, in which event the final resolution removing the Manager shall not be adopted until such public hearing has been held. Upon passage of a resolution stating the Council's intention to remove the Manager, the Council may suspend him from duty, but his pay shall continue until his removal. The action of the Council in removing the Manager shall be final. General Powers and Duties of Manager Section 42. The Manager shall supervise the administrative affairs of the city and shall carry out the policies formulated by the Council. He shall be charged with the preservation of the public peace and health and the safety of persons and property, and shall see to the enforcement of the ordinances of the City, this charter, and the laws of the state. He shall keep the Council informed of the condition and needs of the city and shall make such reports and recommendations as he may deem advisable, and perform such other duties as may be prescribed by this charter, or required of him by ordinance or resolution of the Council, not inconsistent with this charter. He shall have the right to take part in the discussion of all matters coming before the Council, but not the right to vote. Appointive Powers of Manager - Section 43. The City Manager shall have the power to appoint and remove, subject to the provisions of this Charter, the City Clerk, City Treasurer, City Assessor, City Attorney, Finance Director, Police Chief, Fire Chief and such other administrative officers and employees of the City as may be deemed necessary, but the Manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. The appointments made by or under authority of the Manager shall be on the basis of the fitness, training and experience of such appointees for the work they are to perform. All administrative officers and employees of the city shall perform such duties as are provided for such officers by State Law, this Charter, the City ordinances and the directives of the City Manager. In the exercise of such duties each city officer shall exercise and possess all of the powers, privileges and immunities granted to city officers exercising the same duties generally under the general laws of the State. The compensation of officers and employees shall be recommended by the City Manager and approved by the City Council in accordance with budget appropriations. Council Not to Interfere in Appointments or Removals Section 44. Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from office or employment by the Manager or any of his subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the Manager either publicly or privately. Any violation of the provisions of this section by a Councilman shall be a misdemeanor, conviction of which shall constitute immediate forfeiture of his office. Administrative Departments Section 45. The administrative service shall be divided into such departments, divisions, and bureaus as may be provided by ordinance upon recommendation of the Manager. Such ordinance shall be known as "Administrative Code." Pending the passage of such code, the Manager may establish temporary regulations. Each officer or director shall, subject to approval by the Manager, have supervision and control of his department and shall have power to prescribe rules and regulations, not inconsistent with this Charter and the Administrative Code. Purchasing Procedure Section 46. Competitive bids for all purchases and public improvements shall be obtained where practicable and contracts awarded to the lowest and best bidders. Sealed bids shall be asked for in all transactions involving the expenditure of five thousand dollars ($5,000.00) or more and the transaction, evidenced by written contract, purchase order or other suitable instruments, shall be submitted to and approved by the Council; provided that in cases where it is clearly to the city's advantage to contract or purchase without competitive bidding, the Council, upon recommendation of the Manager, may so authorize. Detailed purchasing and contracting procedure shall be established by ordinance. Bureau of Public Information & Complaint Section 47. There is hereby established within the administrative service a bureau to be known as "Bureau of Public Information and Complaint" under the direction of an official appointed by the Manager. It shall be the duty of such bureau to furnish information concerning the city government and to receive the complaints of citizens relative to the public service for investigation and report. The procedure for handling complaints shall be specified by executive order of the Manager or prescribed in the administrative code. The bureau here created may be assigned other duties not inconsistent with the purpose of this section. Merit System - General Section 48. The City Council shall provide by ordinance within six (6) months after the adoption of this charter, for a merit system of personnel management for employees in the service of the city, and for a Personnel Appeals Board for all employees. General Finance Fiscal Year Section 49. The fiscal and budget year of the city shall begin on the first day of July. Financial Control Section 50. The Director of Finance shall have charge of the administration of the financial affairs of the city. He shall provide a system of accounts which shall conform to such uniform system as may be required by law. He shall maintain such accounting control over the finances of the city, make such financial reports and perform such other duties as may be required by this charter, by ordinances or by the Manager. He shall audit and approve all liquidated claims against the city. The Treasurer shall pay the same on duly certified vouchers signed by the City Manager and the Director of Finance. Budget Section 51. At such times as may be required by the Manager or specified by ordinance, each officer or director of a department shall submit to the Director of Finance an itemized estimate of the expenditures for the next fiscal year for the departments or activities under his control. The Director of Finance shall prepare and submit to the Manager a complete budget for the next fiscal year in such detail and supporting schedules as the Manager shall require. The City Manager shall submit the proposed budget to the Council on or before the second regular meeting in April. Budget Hearing Section 52. A public hearing on the proposed budget shall be held before its final adoption by the Council. Notice of the time and place of holding the meeting shall begin by publication at least one week prior thereto. A true copy of the proposed budget shall be on file in the office of the City Clerk for public inspection at least one week prior to such meeting. Budget System Bonds Section 53. Any capital improvement items contained in the budget may be financed by the issuance of bonds as a part of the budget system of the city, provided that the amount of such bonds together with the taxes levied for the same year, shall not exceed the limit of taxation authorized by law. The budget shall indicate the items to be so financed by bonds. Adoption of Budget and Tax Limit Section 54. The Council shall by resolution,
determine and adopt the budget and make the appropriations for the next
fiscal year and shall provide by resolution for a tax levy of the amount
necessary to be raised by taxation. The total amount of appropriation
shall not exceed the revenues of the city as estimated by the Council,
based upon a tax levy for all city operating purposes which shall not
exceed twelve (12) mills on the dollar of state equalized valuation of all
real and personal property in the city, plus all miscellaneous revenues
derived by the city in accordance with provisions of state laws, this
charter and the ordinance of the city. In addition to any tax authorized
by the foregoing provisions of this section, the City shall have the power
to levy an additional ad valorem tax in an amount not to exceed two (2)
mills for ten (10) years, the first year of levy to be 2004*, for the
purpose of providing additional funds for resurfacing and reconstruction
of streets. Budget Control Section 55. At the beginning of each quarterly period during the fiscal year, the Manager shall submit to the Council data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Council or Manager may reduce appropriations for any item or items, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the cash income. If the revenues exceed the amounts estimated in the budget, the Council may make supplemental appropriations. Transfer of Appropriations Section 56. After the budget has been adopted, no money shall be drawn from the treasury of the city, nor shall any obligation for the expenditure of money be incurred, except pursuant to a budget appropriation. Except as otherwise provided in this charter the Council may transfer any unencumbered appropriate balance or any portion thereof from one department, fund, or agency, to another. Borrowing Procedure Section 57. Subject to the applicable provisions of state law and this charter, the Council, by proper ordinance or resolution may authorize the borrowing of money for any purpose within the scope of the powers vested in the city and the issuance of bonds of the city or other evidences of indebtedness therefor, and may pledge the full faith, credit, and resources of the city for the payment of the obligations created thereby. Special Assessment Bonds Section 58. The Council shall, subject to the general laws of the state, have authority to borrow money in anticipation of the payment of special assessments made for the purpose of defraying the cost of any public improvement, or in anticipation of the payment of any combination of such special assessments, and to issue bonds therefor. Such special assessment bonds may be an obligation of the special assessment district or districts or may be both an obligation of the special assessment district or districts and a general obligation of the city. All collections on each special assessment roll or combination of roll shall be set apart in a separate fund for the payment of the principal and interest of the bonds issued in anticipation of the payment of such special assessments, and shall be used for no other purpose. Issuance of Bonds Section 59. Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which the same is issued and it shall be unlawful for any officer of the city to use the proceeds thereof for any other purpose, provided that, whenever the proceeds of any bond issue or any part thereof shall remain unexpended and unencumbered for the purpose for which said bond issue was made, the Council may, by the affirmative vote of five (5) members, authorize the use of such unexpended and unencumbered funds for the retirement of said bond issue or if such bond issue shall have been fully retired, then for the retirement of other bonds of the city. All bonds and other evidences of indebtedness issued by the city shall be signed by the Mayor and countersigned by the Director of Finance under the seal of the city. Interest coupons may be executed with the facsimile signature of the Mayor and Director of Finance. A complete and detailed record of all bonds and other evidences of indebtedness issued by the city shall be kept by the Director of Finance. Upon the payment of any bond or other evidence of indebtedness the same shall be marked "cancelled." Deferred Payment Contracts Section 60. The City may enter into any contract or agreement for the purchase of lands, property or equipment for public purposes to be paid for in installments. Each of such contracts or agreements shall not extend for a period greater than ten (10) years nor shall the total amounts of principal payable under all such contracts or agreements exceed the sum of $800,000. All such deferred payments shall be included in the budget and paid for during the year in which each installment is payable. [Amendment adopted by electors on June 8, 1970. Effective June 25, 1970.] Depository Section 61. The Council shall designate the depository or depositories for city funds, and shall provide for the daily deposit of all city moneys. The Council may provide for such security for the city deposits as it may deem necessary, except that personnel surety bonds shall not be deemed proper security. Official Bonds Section 62. Any city officer elected or appointed by authority of the charter may be required to give a bond to be approved by the Council for the faithful performance of the duties of his office, but all officers receiving or disbursing city funds shall be so bonded. All official's bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the city. Such bonds shall be filed with the City Clerk. Independent Audit Section 63. An independent audit shall be made of all accounts of the city government at least annually and more frequently if deemed necessary by the Council. Such audit shall be made by qualified, certified public accountants, experienced in municipal accounting. The results of such audit shall be made public. An annual report of the city's business shall be made available in such form as will disclose pertinent facts concerning the activities and finances of the city government. Trust Funds Section 64. Trust funds, unless otherwise provided by the deed of trust, shall be kept separate and apart from all other funds and shall be invested, by the purchase in the open market of such bonds, debentures and other securities of recognized investment qualities, as are authorized by the laws of the State of Michigan for the investments of the funds of life insurance companies, except that such funds shall not be invested in any investment prohibited by the constitution of the State of Michigan. General Taxation Assessment Roll Section 65. On or before the first Monday in March of each year, the City Assessor shall make and certify an assessment roll of all property in the city liable to taxation in accordance with the general tax laws of the state. The levy, collection and return of city, school, state and county taxes shall be in conformity with state law, except as otherwise provided by this charter as to city taxes. The subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under the general law. Appointment of Board of Review Section 66. There shall be a Board of Review, consisting of three (3) members, at least one (1) member of this Board shall be a licensed real estate broker, to be appointed by the Council in January of each year, and whose terms shall commence on the first day of March next following and shall continue for one (1) year. Vacancies in said Board may be filled by the City Council at any time. The compensation of the Board of Review shall be set by the Council at the time of its appointment. Organization and Functions of the Board of Review Section 67. On the first day of its meeting in each year, the Board of Review shall elect its own chairman and a majority of its members shall constitute a quorum. The City Assessor shall be clerk of the Board and shall consult with and advise the board and take part in its deliberations, but shall not be entitled to vote. It shall be the duty of the clerk of the Board to keep a permanent record of all proceedings. The Board shall have the same powers and perform like duties in all respects as are by general law conferred upon and required of boards of review in townships. Notice of Meetings Section 68. Notice of the time and place of the sessions of the Board of Review shall be published by the City Clerk at least seven (7) days prior to the first meeting. The Board of Review shall meet on Tuesday next following the second Monday in March and shall continue in session thereafter from day to day for two (2) weeks. On or before the third Monday in April, the Board of Review shall endorse the assessment roll as provided by general law. Such roll shall be the assessment roll for city, school and county taxes and for any other taxes that may be authorized by law. Confirmation of Roll Section 69. When the Board of Review shall have completed its review and correction of such assessment roll, the same shall be certified to by them and delivered forthwith to the City Clerk who shall present it to the Council at their next regular meeting thereof. The Council shall, at such meeting, proceed to fully and finally confirm such assessment roll. Tax Levy Section 70. The City Clerk shall certify to the City Treasurer the total amount which the Council determines shall be raised by general tax; all amounts of special assessments which the Council requires to be assessed or reassessed upon any property or against any person; and all other amounts which the Council may determine shall be assessed or reassessed against any person or property. Tax Apportionment Section 71. After the confirmation of the assessment roll by the Council, the City Treasurer shall prepare a tax roll. The Treasurer shall apportion the tax levy ratably to each person and piece of property on the tax roll, and spread said tax together with all special assessments and reassessed taxes upon said roll. Treasurer to Collect Section 72. The Mayor shall annex his warrant to the tax roll, directing and requiring the Treasurer to collect from the several persons named in such roll the several sums set opposite their respective names. The taxes thus levied shall become, on July first or as soon thereafter as levied, a debt to the city from the persons against whom they are levied and the amount levied together with all charges thereon shall become a continuing lien until paid on the property of the taxpayer, of the same character and extent as the lien created by general law for state and county taxes. The Treasurer shall have like power and duty to collect city taxes as is granted to and required of township treasurers in the collection of county taxes. Taxes, When Due Section 73. City taxes shall be due and payable on the first day of July of each year. Taxes shall be collected without additional charge for a period of one (1) month from the date the tax bills are mailed. An addition of one per cent (1%) of every unpaid tax shall be made on the first day of the second, third, fourth and fifth thirty (30) day period (four percent [4%] maximum) next following the mailing of the tax bills and the amount of tax and of such additions as are hereinbefore specified shall henceforth be the unpaid tax. Return to County Treasurer Section 74. On the first day of March following receipt of said roll the Treasurer shall return all unpaid taxes on real property to the County Treasurer in the same manner and with like effect as returns of state and county taxes are made by township treasurers. Such return shall include all the additional charges hereinbefore provided, which charges shall in such return be added to the amount levied in said roll against each description. The taxes thus returned shall be collected in the same manner as other taxes returned to such County Treasurer are collected under the provisions of the general tax laws of the state, and the same rate of interest and all charges shall be collected thereon, and all taxes and charges upon lands so returned as delinquent shall be and remain a lien thereon until paid. At the time of making said return, the Treasurer shall make and file in his office a copy thereof upon which he shall record subsequent collections or reassessments as returned to him by the County Treasurer. Special Assessments Council Resolution Section 75. The Council shall have power to determine that the whole or any part of the expense of any public improvement shall be defrayed by special assessments upon the property specially benefitted and shall so declare by resolution. Such resolution shall state the estimated cost of the improvements, what proportion of the costs thereon shall be paid by special assessments, and what part, if any, shall be a general obligation of the city, the number of installments in which assessments may be paid, and shall designate the districts or land and premises upon which special assessments shall be levied. Procedure Fixed by Ordinance Section 76. The Council shall prescribe by general ordinance, which shall include but not be limited to, complete special assessment procedure concerning plans and specifications, the right of initiatory petition, estimate of cost, notice of hearings, procedure for objections to improvement, the making of the assessment roll and correction of errors, the collection of special assessments, and any other matters concerning the making of improvements by the special assessment method. Rights of City with Regard to Property Power to Acquire and Own Property Section 77. The City shall have the power to acquire by purchase, gift, condemnation, lease, construction or otherwise, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, the following improvements, including the necessary lands therefor, viz: City hall, police stations, fire stations, boulevards, streets, alleys, public parks, recreation grounds, municipal camps, public grounds, zoological gardens, museums, libraries, airports, cemeteries, public wharves and landings upon navigable waters, levees and embankments, watch houses, city prisons and work houses, penal farms, institutions, hospitals, quarantine grounds, electric light and power plants and systems, gas plants and systems, waterworks plants and systems, sewage disposal plants and systems, market houses and market places, office buildings for city officers and employees, public works, and public buildings of all kinds; and for the costs and expenses thereof. The City shall have the power to acquire by purchase, gift, condemnation, lease or otherwise, private property, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, for any public use or purpose within the scope of its powers, whether herein specifically mentioned or not. If condemnation proceedings are resorted to for the acquisition of private property outside the corporate limits of the City, such condemnation proceedings may be brought under the provisions of Act No. 149 of the Public Acts of 1911, as amended or as may be amended, entitled "An act to provide for the condemnation by state agencies and public corporates of private property of the use or benefit of the public and to define the terms 'public corporations', 'state agencies' and 'private property' as used herein," being sections 353 to 373 inclusive of the Complied Laws of 1915, or such other appropriate provisions therefor as exist or shall be made by law. Develop, Lease and Sale of Property Section 78. The City may maintain, develop, operate, lease and dispose of its property subject to any restrictions placed thereupon by law or by this charter; provided, that no park or cemetery or any part thereof shall be sold nor shall the City engage in any business enterprise requiring investment of money in excess of ten cents ($.10) per capita, unless approved by a majority of the electors voting thereon at any general or special election. The City shall not have the power to vacate any street or public place leading to a waterfront unless such action is approved by a majority of the electors voting thereon at a general or special election. The City shall not have the power to develop, lease, sell or otherwise dispose of any waterfront property, or property contiguous to the waterfront, unless such action is approved by a majority of the electors voting therein in a general or special election. [Amendment adopted by electors November 7, 1978.] Establishment, Maintenance and Protection of Cemeteries and Parks Section 79. The City Council shall have power to enact all ordinances deemed necessary for the establishment, maintenance and protection of all cemeteries and parks (together with the improvements thereon and appurtenances thereto) owned by the city either within or without its corporate limits. All ordinances pertaining to public health and welfare in the regulation and protection of public cemeteries shall apply equally to all cemeteries within the city belonging to, or under the control of any church, religious society, corporation, company or association. The City Council may prohibit the interment of the dead within the city, or may limit such interment therein to such cemetery or burial place as the City Council may prescribe. The City Council may cause any bodies buried within the city, in violation of any rule or ordinance made in respect to such burials, to be taken up and reburied in such a manner as shall conform to the ordinances of the city, or to be buried elsewhere. Trusts Section 80. All trusts established for cemetery, park or other purposes shall be used and continued in accordance with the terms of such trusts. The City may, in its discretion, receive and hold any property in trust for cemetery, park or other public purposes and shall apply the same to the execution of such trusts and for no other purposes whatsoever. Platting and Sale Section 81. The City Council shall cause any cemeteries which are now owned or which may be acquired by the city to be laid out into lots, avenues and walks, and the plats thereof to be recorded in the Office of the City Clerk. The City Council shall fix the price of such lots and manner of their conveyance and recording. Single and Pauper Graves Section 82. The City Council shall assign and set apart plots for the burial of the poor in any cemetery which may be acquired by the city and shall creditably care for and beautify the same, and shall cause interment to be made therein to be paid out of a fund provided therefor in the budget. It shall provide and care for a plot of ground wherein single interment permits shall be sold at a price which shall be set by resolution of the City Council. Perpetual Care Section 83. The City Council shall by ordinance establish for all cemeteries, which are now or which may hereafter be owned by the city, a plan for the care and beautification of all lots therein. The expense of care and beautification of all cemetery lots not receiving care from the perpetual care fund of the city at the time of the adoption of this charter may be borne by the city. Forfeiture of Burial Rights Section 84. Whenever the owner of any burial space or spaces in any city-owned cemetery shall have failed and neglected for a period of seven (7) years or more to care for and maintain such space or spaces in accordance with the laws, rules and regulations relating thereto, it shall be competent for the City Council to institute proceedings for the termination and forfeiture of the rights and interest of such owner and shall deal with the same in accordance with the provisions of any State statute relating thereto at any time this charter shall be adopted or any other State statutes which may be amendatory or supplementary thereto; provided such statutes do not diminish any rights possessed at the time this charter is adopted. The City Council shall not, however, have the right to secure the termination or forfeiture of the rights or interest of any owner in any burial space or spaces which are actually used and occupied for human burial. The City Council shall, however, have the power to so secure and deal with the termination or forfeiture of the rights or interest of any owner in any unused and unoccupied lot or lots or fractional burial lot or lots or in any such single burial space or spaces. Contracts Authority of Council Section 85. The authority to authorize the making and letting of contracts on behalf of the City of Port Huron for any purpose whatsoever, is vested in the City Council and, except as otherwise provided by this Charter, shall be exercised in accordance with the provisions of law and with this Chapter. City May Perform Public Work Section 86. The City Council shall have the power to do any public work or make any public improvement by the employment of the necessary labor and the purchase of the necessary supplies and materials with separate accounting as to each improvement so made, or to do such work by contract duly let after competitive bidding. The City Council, in its discretion, shall have the power to reject any and all bids. Signing Section 87. Unless otherwise provided by law, whenever it becomes desirable for the City to enter into a contract, such instrument shall be (a) signed by the Mayor; (b) attested to by the City Clerk; (c) approved as to substance by the City Manager; (d) approved as to form by the City Attorney; and if expenditure of funds is necessary, (e) certified as to sufficiency of funds by the Director of Finance. (Refer to Section 24, Improvements, Franchises and Contracts, of Chapter III, City Legislation) Modification in Contracts Section 88. All modifications or amendments, or changes in contracts to which the City is a party shall become effective upon approval of the City Council. However, notwithstanding the above, when it becomes necessary in the prosecution of any public work or public improvement done under a public works contract, to make an alteration or modification in such contract, such alteration or modification shall be made by a change order agreed upon in writing and signed by the City Manager, the City Engineer and the Contractor. Authorization for the making of a change order in a public works contract as described above, shall be provided for in the original public works contract approved by the City Council. Interest in Contracts Section 89. No person employed by the City shall be permitted to enter into any contractual relation with the City in which such employee shall or may have any direct or indirect pecuniary interest. No appointive member of any board and/or commission of the City shall be permitted to enter into any contractual relation with the City in which such appointive member shall or may have any direct or indirect pecuniary interest, except that in the case of an appointive member, the prohibition shall not apply if the City Council shall declare on its records by an affirmative unanimous vote, provided at least (6) members are present, that the best interests of the City are served despite a pecuniary interest, direct or indirect. Restrictions Section 90. No contracts shall be made with any person who is in default to the City. Council Shall Prescribe Detail Section 91. The City Council shall, by ordinance, prescribe such detailed procedures as shall be necessary to effectually carry out the provisions of this Chapter. Public Utility Services Public Utility Franchises Section 92a. The city may grant a franchise to any person for the use of the streets and other public places of the city for the furnishing of any public utility services to the city and its inhabitants. No franchise or grant which is not revocable at the will of the City Council shall be granted or become operative until the same shall have been referred to the people at a regular or special election and has received the approval of three-fifths (3/5) of the electors voting thereon at such election. All irrevocable public utility franchises and all renewals, extensions, and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before thirty (30) days after application therefor has been filed with the City Council, nor until a full public hearing has been held thereon. No such ordinance shall be submitted to the electors at an election to be held less than thirty (30) days after the grantee named therein has filed with the City Clerk its unconditional acceptance of all the terms of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the City Council shall have been paid to the Treasurer by the grantee. No exclusive franchises shall ever be granted and no franchise shall be granted for a longer term than thirty (30) years. Control and Revocation Section 92b. The City Council shall cause to be instituted such actions or proceedings as may be necessary to prosecute a public utility company for violations of its franchise, the city charter or ordinances of the city, and may revoke, cancel or annul all franchises that may have been granted by the city, which for any reason, have become inoperative, illegal or void and not binding upon the city. Right of Regulation Section 92c. All public franchises granted after the adoption of this charter, whether it be so provided in the granting ordinance or not, shall be subject to the right of the city (1) to repeal the same for misuse, or non-use, or for failure to comply with the provisions thereof; (2) to require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency; (3) to establish reasonable standards of service and quality of products, and prevent unjust discrimination in service or rates; (4) to require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; (5) to impose such other regulations as may be determined by the City Council to be conducive to the safety, welfare, and accommodation of the public. Regulation of Rates Section 92d. All public utility franchises shall make provision therein for fixing rates, fares, and charges, and for readjustments thereof at periodic intervals at the direction of the city. The value of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicated upon the franchise, goodwill, or prospective profits. Use of Street by Utility Section 92e. Every public utility franchise shall be subject to the right of the city to use, control, and regulate the use of its streets, alleys, bridges, and public places and the space above and beneath them. Every public utility shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges, and public places, as shall arise from its use thereof and shall protect and save the city harmless from all damages arising from said use; and may be required by the city to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the city, by the city, and other utilities insofar as such joint use may be reasonable practicable and upon payment of reasonable rental therefor; provided, that, in the absence of agreement, upon application by any public utility, the City Council shall provide arbitration of the terms and conditions of such joint use and the compensation to be paid therefor, which award shall be final. Permits Section 93. Temporary permits for public utilities, revocable at any time at the will of the City Council, may be granted by the City Council by ordinance on such terms and conditions as it shall determine, provided that such permits shall in no event be construed to be franchises or amendments to franchises. Municipally Owned Utilities Section 94a. The city shall possess and hereby reserves to itself all the powers granted to cities by the constitution and general laws of the State of Michigan to acquire, construct, own, operate, improve, enlarge, extend, repair and maintain, either within or without its corporate limits, public utilities including public utilities for supplying water, light, heat, power, gas, sewage and garbage disposal facilities, and transportation facilities, or any of them, to the municipality and the inhabitants thereof; and may also sell and deliver light, heat, power and gas without its corporate limits to an amount not to exceed twenty-five per cent (25%) of that furnished by it within the corporate limits. The City may sell and deliver water and provide sewage disposal services outside of its corporate limits in such amount as may be determined by the City Council. The city shall not acquire any public utility furnishing light, heat or power, which is not subject to revocation at the will of the city unless the proposition shall first have been approved by three-fifths (3/5) of the electors voting thereon. Control of Utilities Section 94b. The City Council may enact such ordinances and adopt such resolutions as may be necessary for the care, protection, preservation, control, and operation of any public utilities which the city now owns, or may, in any manner acquire, own or operate and all fixtures, appurtenances, apparatus, building, and machinery connected therewith or belonging thereto, and to carry into effect the powers conferred upon the city by the provisions of this charter, including the fixing of just and equitable rates and charges as may be deemed advisable for supplying the inhabitants of the city and others with water, with electricity for light, heat, and power and with such other utility services as the city may acquire. Utility Charges -- Collection and Accounts Section 94c. The city shall possess all of the powers and privileges granted by State law to make effective the collection of any charges for any public utility services rendered by the city. Separate accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete financial result of such city ownership or operation, or both, including all assets, liabilities, revenues, and expenses. The City Council shall annually cause to be made and printed for public distribution a report showing the financial results of such city ownership or operation, or both, which report shall give, for each utility, the information specified in this section and such further information as the City Council shall deem expedient. Disposal of Plants Section 94d. The city shall not sell, exchange, lease, or in any way alien or dispose of the property, easements, income or other equipment, privilege or asset belonging to and appertaining to any utility which it now owns or may acquire, unless and except the proposition for such purpose shall first have been submitted, at a special election held for the purpose in the manner provided in this charter, to the electors of the city who are qualified to vote on questions involving the direct expenditure of money or the issuance of general obligation bonds of the city and approved by them by a three-fifths (3/5) majority vote of the electors voting thereon. All contracts, negotiations, licenses, grants, leases, or other forms of transfer in violation of this provision, shall be void and of no effect as against the city. The provisions of this section shall not, however, apply to the sale or exchange of any articles or equipment of any city-owned utility as are worn out or useless, or which could, with advantage to the service, be replaced by new and improved machinery or equipment. Miscellaneous Liability for Damages Section 95. Any liability for negligence of the city shall be as prescribed by the laws of the State of Michigan and the City Council shall, at its first meeting following the adoption of this charter, adopt an ordinance limiting the liability of the city for negligence to the fullest extent provided by the laws of the State of Michigan. Retirement System for General Employees Section 96. A complete retirement system shall be provided for employees of the City other than policemen and firemen by general ordinance. Such retirement system so provided shall be at least equivalent to the system in effect at the time this Charter is adopted. Qualifications of Officers Section 97. No person shall be elected or appointed to or hold any office under this charter unless he be a citizen of the United States. Notice of Election or Appointment & Oath of Office Section 98. Written notice of election or appointment of any city officer shall be mailed to him at his address in the city by the City Clerk within forty-eight (48) hours after the appointment is made or the vote canvassed. If within ten (10) days from the date of the notice such officer shall not take, subscribe to, and file with the City Clerk an oath of office, 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. Every person elected or appointed to any city office, before entering upon the duties of his office, shall take and subscribe to an oath of office as provided by general law, which shall be filed and kept in the Office of the City Clerk. Public Records Section 99. All records of the municipality shall be public and open to inspection at all reasonable times. Notice by Publication Section 100. Notices or proceedings requiring publication shall, unless otherwise provided by this charter, be published once in the official newspaper. In the event more than one newspaper is published in the city, the Council shall annually in May designate the official newspaper for the next fiscal year. City Ordinances and Regulations Section 101. All by-laws, ordinances, resolutions, rules and regulations of the city, which are not inconsistent with this charter, in force on the effective date of this charter, shall continue in full force until repealed or amended by action of the proper authorities. Rights, Liabilities, Remedies Section 102. All rights and properties of any kind and description which were vested in the city on the effective date of this charter shall be deemed and held to be vested in the city; and no franchises or licenses granted or rights or liabilities, either in favor of or against the city on the effective date of this charter, and no suit or prosecution of any kind shall be in any manner affected by the adoption or taking effect of this charter, but the same shall stand or progress as if no such change had been made, and all debts and liabilities of the city under its previous charter shall be deemed to be debts and liabilities of the city under this charter, and all taxes, and special assessments levied and uncollected on the effective date of this charter shall be collected the same as if such change had not been made; provided, that when a different remedy is given in this charter, which can be made applicable to any rights existing on the effective date of this charter, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly. Headings Section 103. The chapter and section headings used in this charter are for convenience only and shall not be considered to be a part of this charter. Effect of illegality of any part of Charter Section 104. Should any provision or section or portion thereof of this charter be held by a court of competent jurisdiction to be invalid, illegal, or unconstitutional, such holding shall not be construed as affecting the validity of this charter as a whole or of any remaining portion of such provision or section, it being hereby declared to be the intent of the Charter Commission and of the electors who voted thereon that such unconstitutionality or illegality, shall not affect the validity of any part of this charter, except that specifically affected by such holding. Amendments Section 105. This charter may be amended at any time in the manner provided in Act No. 279 of the Public Acts of 1909, as amended. Should two (2) or more amendments, adopted at the same election, have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions. Police and Fire Department Pensions Name and Establishment Section 106. The City of Port Huron Policemen and Firemen Retirement System is hereby created and established to provide for the retirement of policemen and firemen, in the employ of the City of Port Huron, who become superannuated on account of age or disability; to provide pensions for retired policemen and firemen; to provide pensions for certain dependents of policemen and firemen whose deaths occur under certain conditions; to provide for contributions to the retirement system to be made by the city and the policemen and firemen; to provide for the administration of the retirement system; and to provide for refunds of members' contributions under certain conditions. Definitions Section 107. The following words and phrases as used in this Chapter unless different meaning is clearly required by the context, shall have the following meanings:
[Amendment adopted by electors November 5, 1974.]
Retirement Board Section 108a. There is hereby created a Retirement Board in whom is vested the authority and responsibility for the general administration, management and proper operation of the retirement system, and of construing and making effective the provisions of this chapter. Section 108b. The membership of the Retirement Board shall consist of eight (8) persons as follows:
[Amendment adopted by electors November 5, 1974.] Section 108c. The first election for policemen and firemen and board members, provided for in Section 108b (5) and (6) shall be held prior to the effective date of the retirement system and shall be conducted under such rules and regulations as the Retirement Board of the former plan shall adopt. After the first such election, subsequent elections shall be held under such rules and regulations as the Board provided for in this Chapter shall from time to time adopt to govern such elections. [Correction due to Section 108b amendment.] Section 108d. At the first election, provided for in Section 108c hereof, the policeman board member receiving the highest number of votes shall serve to July 1, 1963; the policeman board member receiving the second highest number of votes shall serve to July 1, 1961; the fireman board member receiving the highest number of votes shall serve to July 1, 1962; the fireman board member receiving the second highest number of votes shall serve to July 1, 1960; and the appointed citizen board member shall serve to July 1, 1963. After the first election, the regular term of office of a board member provided for in Section 108b (4) (5) and (6) shall be four (4) years. [Correction due to section 108b amendment.] Section 108e. If a vacancy occurs in the office of board member, the vacancy shall be filled, within sixty (60) days after the date of vacancy, for the unexpired term, in the same manner as the office was previously filled. Section 108f. Each board member shall, within ten (10) days after his appointment or election, as the case may be, take an oath of office before the City Clerk. The board members shall serve without compensation for their services as such. Section 108g. Each attending board member shall be entitled to one vote on each question in the meetings of the Board. Five (5) board members shall constitute a quorum, and at least five (5) concurring votes shall be necessary for a decision by the Board at any of its meetings. The Board shall hold meetings regularly, at least one (1) in each quarter year, and shall designate the time and place thereof. The Board shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings of the Board shall be public. [Amendment adopted by electors November 5, 1974] Section 108h. The Board shall adopt such mortality, service, retirement, and other tables of experience, and a rate or rates of regular interest, as are necessary in the operation of the retirement system on an actuarial basis. Retirement System Officers Section 109a. The Board shall elect from its number a Chairman and a Vice-Chairman. Section 109b. The Director of Finance shall be Secretary of the retirement system and shall serve as its administrative officer. Section 109c. The City Treasurer shall be Treasurer of the retirement system and he shall be custodian of its funds. Section 109d. The City Attorney shall be legal advisor to the Board. Section 109e. The Board shall designate an actuary who shall be the technical advisor to the Board on matters regarding the operation of the retirement system on an actuarial basis. The actuary shall perform such duties as are required in connection therewith. Section 109f. The Board shall designate as Medical Director a physician who is not eligible to membership in the retirement system. The Medical Director shall arrange for and pass upon all medical examinations required under the provisions of this Chapter; he shall investigate all essential statements and certificates in connection with applications for disability retirements; and he shall report to the Board his conclusions on medical matters referred to him. Section 109g. The Board shall employ such medical, actuarial and other services as are required in the proper operation of the retirement system. The compensation for such services shall be approved by the City Council. Records -- Annual Reports Section 110a. The Secretary shall keep, or cause to be kept, such data as shall be necessary for an actuarial valuation of the several funds of the retirement system. Section 110b. The fiscal year of the retirement system shall coincide with the City's fiscal year. Within three (3) months following the close of each fiscal year, the Board shall render a report to the Mayor and City Council showing the fiscal transactions of the retirement system for the preceding fiscal year, and the last balance sheet showing the financial condition of the retirement system by means of an actuarial valuation of its assets and liabilities. Membership of Retirement System Section 111a. The membership of the retirement system shall consist of the following persons:
Section 111b. In any case of doubt as to who is a member, within the meaning of the provisions of this Chapter, the Board shall decide the issue. Section 111c. Except as otherwise provided in this Chapter, should any member leave the employ of the City, for any reason except to become a retirant or his death, he shall thereupon cease to be a member and his credited service at that time shall be forfeited by him. In the event the said person is re-employed by the City as a policeman or fireman he shall again become a member. Should his said re-employment occur within a period of three (3) years from and after the date he last separated from City employment, his credited service last forfeited by him shall be restored to his credit; Provided, he returns to the pension savings fund all amounts he may have previously withdrawn and not returned thereto, together with regular interest thereon from the date of withdrawal to the date of repayment. Upon a member's retirement or death he shall thereupon cease to be a member. Credited Service Section 112a. The Board shall fix and determine by appropriate rules and regulations the service to be credited each member; Provided, that in no case shall less than ten (10) days of service rendered in any calendar month be credited as a month of service, nor shall less than ten (10) months of service rendered in any calendar year be credited as a year of service, nor shall more than one (1) year of service be credited any member for all service rendered in any calendar year. Section 112b. Should any policeman or fireman who while employed by the City, enter or enters any armed services of the United States Government during time of war, or other national emergency recognized by the City Council, and should such individual be re-employed by the City as a policeman or fireman within one (1) year from and after the date his required armed service is terminated, such service shall be credited to him in the same manner as if he had served the City uninterruptedly; Provided that he returns to the pension savings fund all amounts he may have previously withdrawn therefrom and not returned thereto, together with regular interest thereon from the date of withdrawal to the date of repayment. In any case of doubt, the Board shall have final power to decide the amount of such service to be credited a member. If the member does not withdraw his accumulated contributions, his balance in the pension savings fund shall be accumulated at regular interest. Section 112c. According to such rules and regulations as the Board shall adopt, consistent with the provisions of this Chapter, each member shall be credited with the service to which he may be entitled. Service Retirement Section 113a. Any member who has attained or attains age 55 years may retire upon his written application filed with the Board setting forth at what time, not less than thirty (30) days, nor more than ninety (90) days, subsequent to execution and filing thereof, he desires to be retired. Upon his retirement a non-covered member shall receive a pension provided for in Section 114a and a covered member shall receive a pension provided for in Section 114b.
Section 113b. Any member who has attained or attains age 60 years shall be separated from City employment on the first day of the calendar month next following the month in which he attains age 60 years; Provided, that upon the written application of the said member, approved by the City Manager, the member may continue in service for periods not to extend beyond his attainment of age 65 years; provided further, that no such continuance in City employment shall be granted a member unless he undergoes a medical examination to be made by or under the direction of the Medical Director and the Medical Director reports to the City Manager that the member is physically able and capable of performing the duties normally required by his position. Upon his separation from City employment as provided in this section, a member shall be retired and he shall receive a pension provided for in Section 114a if he is a non-covered member, or as provided for in Section 114b if he is a covered member. [Amendment adopted by electors November 5, 1974.] Section 113c. Any original member who has 25 or more years of credited service may retire prior to his attainment of age 55 years upon his written application filed with the Board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired. Upon his retirement he shall receive a pension provided for in Section 114c. Section 113d. The City Manager shall have the right, in his sole discretion, to employ or contract for the employment of any retirant on a seasonal and/or part-time basis, notwithstanding anything in this Charter to the contrary. Provided however, any such employment shall not disqualify the hired retirant from receiving any pension benefits to which such retirant would otherwise be entitled. [Added - Adopted by electors November 5, 1974.] Service and Retirement Pension Section 114a. Upon his retirement on or after his attainment of age 55 years, a non-covered member shall receive a straight life pension equal to the sum of two per cent (2%) of his final average salary multiplied by the number of years and fraction of a year, of his credited service not in excess of twenty-five (25) years, plus one and one-half per cent (1 1ž2%) of his final average salary multiplied by the number of years, and fraction of a year, of his credited service in excess of twenty-five (25) years and he shall have the right to elect an option provided for in Section 116a; Provided that in no case shall his straight life pension exceed sixty-five per cent (65%) of the annual salary payable for the rank held at time of retirement. [Amendment adopted by electors November 5, 1974.] Section 114b. Upon his retirement on or after his attainment of age 55 years, a covered member shall receive a straight life pension as hereinafter provided for in section 116a;
[Amendment adopted by electors on November 5, 1974.]
Section 114c. Upon his retirement, as provided in Section 113c, an original member who retires prior to his attainment of age 55 years shall receive a straight life pension computed according to Section 114a if he is a non-covered member, or computed according to Section 114b, if he is a covered member; Provided, that in no case shall his straight life pension exceed $1,200 per annum. Section 114d. In the event a retirant dies before he has received in payment of his straight life pension an aggregate amount equal to his accumulated contribution standing to his credit in the pension savings fund at the time of his retirement, the difference between his said accumulated contributions and the said aggregate amount of straight pension payments received by him shall be paid to such person or persons as he shall have nominated by written designation duly executed and filed with the Board. If there be no such designated person or persons surviving the said retirant, such difference, if any, shall be paid to his legal representative. No benefits shall be paid under this Section 114d on account of the death of a retirant if he elected either Option A or B provided for in Section 116a. Deferred Retirement Pension Section 115a. Should any member who either (1) has 25 or more years of credited service or (2) has attained age 50 years, separate from the employ of the City, in either case prior to his attainment of age 55 years, for any reason except his retirement or death, he shall be entitled to receive a pension provided for in Section 114a if he is a non-covered member or provided for in Section 114b if he is a covered member; Provided, that he does not withdraw his accumulated contributions from the pension savings fund. His said pension shall begin the first day of the calendar month next following the month in which his application for same is filed with the Board on or after his attainment of age 55 years. [Section number amended November 5, 1974.] Section 115b. Should a separated non-covered or covered member who has made application for deferred pension benefits die prior to his attainment of age 55 years, pension benefits as provided in Section 116a, Option A, shall be paid to such person having an insurable interest in his life as he shall designate in writing, effective thirty (30) days after the date such separated and deceased non-covered or covered member would have attained age 55 years had he not died. [Added - Adopted by electors November 5, 1974.] Retirement Pension Options (POLICE & PRIOR TO JUNE 30, 1986 FOR FIRE) OPTION A - JOINT AND SURVIVORSHIP PENSION Upon the death of the retirant, his reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Board prior to the effective date of his retirement; or OPTION B - MODIFIED JOINT SURVIVORSHIP PENSION Upon the death of the retirant, one-half of his reduced pension shall be continued throughout the life of and paid to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed and filed with the Board prior to the effective date of his retirement. In no case shall a pension be paid to a survivor beneficiary under Option A or B provided for in the foregoing paragraphs of this section upon the death of a retirant, if any benefits are paid under Section 119 on account of his death. [Amendment adopted by electors November 5, 1974.] Section 116b. Any member who continues in the employ of the City on or after the date he either (1) acquires ten (10) years of credited service, or (2) attains age 55 years, whichever occurs first, may, at any time prior to the effective date of his retirement, by written declaration duly executed and filed with the Board in the manner and form prescribed by the Board, elect Option A provided for in Section 116a and nominate a survivor beneficiary whom the Board finds to be dependent upon said member for at least fifty per cent (50%) of his support. If any member, who has an Option A election provided for in this Section 116b in force, dies while in the employ of the City, prior to the effective date of his retirement, the said survivor beneficiary shall immediately receive the same pension as the said survivor beneficiary would have been entitled to receive under the said Option A if the said member had retired the day preceding the date of his death, notwithstanding that he may not have attained age 55 years. If any member who has an Option A election in force as provided in this Section 116b, subsequently retires pursuant to the provisions of this Chapter, he shall, within ninety (90) days precedin |